This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website, www.propstack.com ("Website") and the 'Propstack' wireless protocol application ("App"), is owned and operated by Propstack Services Private Limited ("We", "Us", "Propstack", "Company" or "Our", which shall mean and include its affiliates, successors and assigns).
1. About Us
The Company is, inter alia, engaged in the business of providing data services in relation to commercial real estate in India through the Website/ App.
2. Acceptance of Terms and General Use
- 2.1 By using this Website/ App, You agree to comply with all of the terms and conditions included herein. The right to use the Website/ App is personal to the User and is not transferable to any other person or entity.
- 2.2 The Company shall have the right at any time to change or discontinue any aspect or feature of the Website/ App, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Website/ App as a Platform
- 3.1 This Website/ App is a platform for reference and communication between the Company and the Users.
- 3.2 The information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Website/ App (collectively, the "Content") are proprietary to Propstack and its licensors, and are protected by copyright and other Indian and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of commercial real estate information, which, by way of example, include information, text, photographic and other images and data contained therein (collectively, the "Information") and the proprietary algorithm, organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Website/ App, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Propstack Data".
4. Permitted Usage and Account
- 4.1 To access the Propstack Data, Users are required to register, create an account (“Account”) and then log in to the Website/ App. Every registered User is provided with a username (Your e-mail ID) and password (“Log In Details”). A registered User may choose the following two (2) options:
- Free User - Those portions of the Propstack Data that may be accessed free of cost by a registered User shall be termed as a "Free Data".
- Pro User - For accessing complete details with respect to any [location, territory or property], a Free User may choose to upgrade his registration with Us upon payment of applicable charges as specified by Us based on the User’s requirements. Those portions of the Propstack Data that may be accessed by a Pro User shall be termed as “Pro Data”.
- 4.2 A Pro User is required to subscribe by paying the applicable charges for accessing the Pro Data. In addition to the information that a User provides for registration with Website/ App, a Pro User may be required to furnish any additional information as Propstack may require (“Account Information”). You shall be responsible for maintaining the confidentiality and security of the Log In Details and for all activities that occur in and through Your Account. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times.
- 4.3 If You wish to terminate Your Account, You may send an e-mail to Us at email@example.com requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account for various reasons including, if:
- You violate any of the Account terms listed above;
- There is prolonged inactivity in Your Account;
- You repeatedly upload content that infringes other people’s intellectual property rights or transact in goods with no title over such goods; and
- If We receive a report abuse report regarding Your Account from the other Users
- 4.4 The Company shall not be responsible for any illegal or any unauthorised use of Your Account and shall have no obligation whatsoever to inform you in the event of an unauthorised use of Your Pro Data using Your Log In Details. A User will maintain the confidentiality of his Log In Details and must not share his Log In Details with any other person, nor may a User allow any other person to use or have access to his Log In Details, especially in the case of a Pro User. You agree to notify firstname.lastname@example.org immediately of any unauthorized use of any Log In Details or other breach of security.
- 4.5 Unauthorized attempts to (i) defeat or circumvent Log In Details or other security features, (ii) use the Website/ App or the Propstack Data for other than intended purposes, or (iii) obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation are not permitted and may result in a loss of access to the Pro Data. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of India or such other jurisdictions as may apply.
- 5.2 However, as enumerated above, we grant Pro Users a personal, non-exclusive, non-transferable and limited license to enter into the Website/ App and use the Pro Data.
- 5.4 If You are a Pro User, your license to access Pro Data shall be effective till such time as may be prescribed by Propstack based on the payment options/ subscription options available. Upon expiry of such term, a Pro User must make necessary payments to keep their Account active and for accessing the Pro Data. Following the non-renewal of your Pro User Account, You shall cease to have access to any portion of the Pro Data. In addition,
6. Prohibited Use
The Website/ App may be used only for lawful purposes. The Company specifically prohibits any use of the Website/ App for, and You agree not to use the Website/ App for, any of the purposes, including but not limited to, the following and You shall also not do or cause to do any of the following:
- 6.1 Copying, reproducing, duplicating, creating replicas, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Propstack Data contained on the Website/ App, in whole or in part, without Our prior written consent, or
- 6.2 Licensing, sub-licensing, selling, assigning, transferring, distributing, permitting concurrent use of, or granting other rights in any Propstack Data provided on the Website/ App to any third party, or
- 6.3 Download any Propstack Data unless You see a ‘download’ or similar link displayed on the Website/ App by reference, or
- 6.4 Using any robot, spider or any other data mining technology or automatic or manual process to monitor, merge, decompile, disassemble, scrape, translate, decode, reverse engineer, decompile, cache, extract data from, copy or distribute the Content on the Website/ App (except as may be a result of standard Internet browser or search engine), or
- 6.5 Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website/ App or of the Company without express written consent. User may not use any meta tags or any other “hidden text” utilizing the Website/ App’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company, or
- 6.7 Access or use any portion of the Propstack Data if you are a direct or indirect competitor of Propstack, nor shall you provide, disclose or transmit any portion of the Propstack Data to any direct or indirect competitor of Propstack (by way of example, a "direct or indirect competitor" of Propstack includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors and agents of such services) unless You have a specific written consent from Propstack to perform such activities, or
- 6.8 Provide your Log In Details or otherwise provide access to a Pro Data to any individual other than yourself, including by providing the results of queries of or reports generated from a Pro Data to a person who is not a client or prospective Propstack Data, or
- 6.9 Use or distribute any information from the Propstack Data, including information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product, or
- 6.10 Use, reproduce, publish or compile any portion of the Propstack Data for the purpose of selling or licensing any portion of the Propstack Data or making any portion of the Propstack Data publicly available;
- 6.11 Store, copy or export any portion of the Propstack Data into any database or other software, except as expressly set forth in the permitted usage above;
- 6.12 Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the Propstack Data, or use any portion of this Propstack Data in a manner, that:
(a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any applicable laws, intentionally or unintentionally, or is otherwise objectionable; or
(b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or
(c) constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation in India or any other jurisdiction, with limited exceptions as may be granted by the Company in writing; or
(d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Propstack Data or servers or networks connected thereto or the activities of other users of the Propstack Data or of any computer software or hardware or telecommunications equipment.
- 6.13 Impersonate any person or entity, including but limited to a Pro User, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Propstack Data; or
- 6.15 Misuse this Website/ App by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (“Viruses”). You must not attempt to gain unauthorized access to Our Website/ App, the server on which the Website/ App is stored or any server, computer or database connected to this Website/ App. You must not attack this Website/ App via a denial-of-service attack.
- By breaching the provisions of this Clause 6, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website/ App will cease immediately.
- We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website/ App or to Your downloading of any Material posted on it, or on any website linked to it.
- You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
7. User Agreement
User agrees to the following:
- 7.1 User will use the Website/ App for lawful purposes only and in accordance with permitted usage and comply with all applicable laws and regulations while using and transacting on the Website/ App including obtaining such corporate, statutory or other approvals, consents and permissions as required to transact on the Website/ App.
- 7.2 User will provide authentic and true information in all instances where such information is requested from the User. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation User details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Website/ App, without prior intimation whatsoever.
- 7.3 User shall access the Website/ App and transact at User’s sole risk and are using the User’s best and prudent judgment before entering into any transaction through this Website/ App.
8. User undertakings
8.1 You agree and undertake not to use or encourage, or permit others to use, the Website/ App:
- (a) for any misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable activities;
- (b) to intimidate and/or harass another;
- (c) to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- (d) to do anything unlawful, misleading, malicious, or discriminatory;
- (e) to do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- (f) to intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Website/ App, violate any requirements, procedures, policies or regulations of networks connected to the Website/ App;
- (g) to disrupt or interfere with the security of, or otherwise cause harm to, the Website/ App Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/ App or any affiliated or linked sites;
- (h) to access the Website/ App through means other than through the interface that is provided by the Company;
- (i) to violate any applicable laws or regulations for the time being in force in or outside India; or
8.2 Any violation by You of this Section 8 may result in immediate suspension or termination of Your Account.
9. Personal Information
- The Company is committed to respecting the privacy of your personal information in connection with your use of this Website/ App. We take great care to keep your personal information confidential and secure. However, the Internet is not a totally secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input on this Website/ App, send to us, or request be delivered to you on the Internet. The Company will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of any such information.
10. Changed Terms
11. Restrictions and Accuracy of Account and Billing Information
- 11.1 We reserve the right to refuse any Account opening request or for access to Pro Data with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per client or per order. These restrictions may include orders placed under the same client account, the same credit card, and/or orders that use the same billing address. In the event that We make a change to or cancel a request, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the request was made. We reserve the right to limit or prohibit requests that, in our sole judgment, appear to be placed by Our competitors.
- 11.2 You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website/ App. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
- 11.3 We reserve the right to refuse access to all or part of the Propstack Data to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by Users with Us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy. We reserve the right to deny service to anyone.
- 11.4 The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a payment transaction or any delay in processing a payment transaction which is beyond control of the Company.
12. Errors, Inaccuracies and Omissions
- 12.1 Occasionally there may be information on the Website/ App that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel requests for Pro Data subscriptions, if any information is inaccurate at any time without prior notice (including after You have submitted Your order).
- 12.2 We undertake no obligation to update, amend or clarify information in the Website/ App, including without limitation, pricing information, except as required by law. No specified update or refresh date on any related website, should be taken to indicate that all information on Website/ App has been modified or updated.
All electronic communications and content presented and / or passed to Us, including that presented and / or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, the Company has the right to reject, at its sole discretion, from the Website/ App any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.
14. Intellectual Property
- 14.2 The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company in future (collectively “Trademarks”). You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
- 14.3 All Trademarks, domain name, trade dress including the look, feel and design of the Website/ App, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company
- 14.4 All third party trademarks advertised or displayed on the Website/ App belong solely to the respective third party and We do not have any rights over such third party trademarks.
- 14.5 This Website/ App is operated by and is the sole property of the Company. Any and all Material on this Website/ App are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website/ App. Modification of the Materials on the Website/ App or use of the Materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
- 14.6 We respect the intellectual property rights of others, and We expect Our Users to do the same. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.
- 14.7 You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website/ App, by writing to Us at email@example.com.
15. Links to Third Party Websites
- 15.1 The Website/ App may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
- 15.2 Similarly, this Website/ App can be made accessible through a link created by other websites. Access to this Website/ App through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website/ App are necessarily the same or similar to the idea, concept, aim or purpose of Our Website/ App or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website/ App, is utilized to visit this Website/ App and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
- 15.3 Part of this Website contains advertising and other material submitted to us by third parties. Kindly note that those advertisers are responsible for ensuring that material submitted for inclusion on the website complies with all legal requirements. Although acceptance of advertisements on the website is subject to our terms and conditions which are available on request, We do not accept liability in respect of any advertisements.
- 16.2 Upon termination of Your Account or prohibition of Your use of the Website/ App, all rights granted by Us to You to use the Website/ App will automatically terminate and We shall have no further obligation or liability towards You.
- 16.3 You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website/ App. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for any suspension or termination of access to Website/ App.
17. Disclaimer and Liability
- 17.1 You agree that Your use of the Website/ App shall be at Your sole risk.
- 17.2 To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Website/ App and Your use thereof. The Company excludes all conditions, terms or representations about the accuracy or completeness of this Website/ App's Materials or the content of any sites linked to this Website/ App and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from Our Website/ App, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website/ App by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted, or otherwise made available via the Website/ App.
- 17.3 We hereby expressly disclaim all warranties and representations of any kind with respect to any and all Materials and features available on the Website/ App, including but not limited to (a) warranties as to merchantability or use for a particular purpose whether or not the Company knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Company Materials or information derived from use of the Website/ App.
- 17.4 The contents, information, data, software, products, features and services published on this Website may include inaccuracies, incomplete details or typographical errors. Changes are periodically added to the contents herein. Propstack may make improvements and/or changes in this Website at any time. This Website may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. Propstack (and its owners, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as Associated Entities hereafter) shall not be liable to You or to any third party should Propstack exercise its right to modify or discontinue any or all of the contents, information, data, software, products, features and services published on this Website.
- 17.5 Propstack and/or its respective Associated Entities make no representations about the suitability of the contents, information, data, software, products, features and services contained on this Website for any purpose. All such contents, information, software, products, features and services are provided "as is" without warranty of any kind.Propstack and/or its Associated Entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
- 17.6 Propstack does not endorse or act on behalf of any third party. In the event You engage the services of / interact with any third party, through the Website/ App, the Company will not be liable to You for any act or omission by such third party in relation thereto.
- 17.7 In in no event shall Propstack and/or its Associated Entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or any consequences arising out of information submitted by you or with the delay or inability to use this Website, or for any contents, information, software, products, features and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if Propstack or any of its Associated Entities has been advised of the possibility of damages.
- 17.8 You acknowledge that the information provided through the Website is compiled from sources, which are beyond the control of Propstack, though such information is recognized by You to have been sourced from publicly available sites and sources that are under the jurisdiction of the Government of India and its various authorities, You acknowledge, agree and understand that inaccuracies may occur and Propstack does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the information is provided to you on an "as is, with all faults" basis.Propstack expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. In addition, Propstack, in providing the information makes no endorsement of any particular security, sector, industry, entity, market participant, or brokerage. Further, Propstack does not represent or warrant that it will meet your requirements or is suitable for your needs.Any stock trading calls made by You based on the consumption of the information on the Website should be not be construed as an offer to buy or sell securities, nor advice to do so. Propstack and/or its Associated Entities are not a qualified financial or legal advisor and you should not construe any information displayed on the Website to constitute investment or trading advice. All material on the Website is purely educational and informational in nature.
- 17.10 You agree that Propstack (including its Associated Entities) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use the Website for any purpose whatsoever. Propstack and/or its Associated Entities shall have no liability in tort, contract, or otherwise to user and/or any third party.
- 17.11 To the fullest extent permitted by applicable law, in no event shall the Company and/or its Associated Entities, be liable to You for any direct, indirect, incidental, special, punitive or consequential damages, incurred in connection with the Propstack Data on the Website/ App, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance thereupon.
- 17.12 If you don't agree with any of our disclaimers above please do not read the material on any of our pages.
- 17.13 Indemnification
If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at firstname.lastname@example.org.
19. Governing Law and Jurisdiction
21. No Waiver