These Terms and Conditions ("T&C") constitute a legally binding agreement ("Agreement") between you / end customer ("User") and Aero Estate Private Limited, including all its affiliate/group companies (hereinafter referred to as "Aero Estate", "We", "Us" or "Our" on the Platform) governing your access to and use of the Aero Estate application program interfaces, including any sub-domains thereof, and any other websites through which Aero Estate makes its services available (collectively "Platform"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Services").
The Platform, Application and Services together are hereinafter collectively referred to as the "Platform/Portal".
Please read these T&C carefully before using the Platform. By accessing and / or using the Platform, the User becomes a registered user of the Platform constitutes a binding legal agreement between Users and Aero Estate and the User signifies his/her/its agreement to be bound by these T&C. Aero Estate reserves the right, at the sole discretion of Aero Estate, to change, modify, add or remove portions of these T&C, at any time without any prior written notice to User. It is the User's responsibility to review these T&C periodically for changes/ updates. The User's continued use of the Platform following the posting of changes/ updates will mean that the User accepts and agrees to the revisions. As long as Users comply with these T&C, Aero Estate grants Users a personal, non-exclusive, non-transferable, limited privilege to use and enter the Platform. Users agree that the User's use of the Platform shall be strictly governed by this T&C.
If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website, Android Application and IOS Application. You agree and acknowledge that you will use your account on the Portal to only for your personal use and not for business purposes.
Our Platform and Services may have different features and offerings in future. In lieu of the same, additional terms or requirements may apply to User's use of those features or offerings. If additional terms are available for the specific services for the User's use, those additional terms become part of these T&C. Aero Estate reserves the right to refuse access to the Portal, terminate account/s, remove or edit content at any time without notice to you.
The User shall be entitled to use the Platform upon completion of the registration process as provided on the Platform. The registration process involves creating of a login ID which shall be generated upon successful submission of an OTP sent to each User's registered mobile number, after providing basic information about themselves such as name, sex, email, age, address, telephone etc., and accordingly an account shall be created ("Account"). Only after completing the registration process, a person becomes a registered User with Aero Estate who shall be entitled to use the Platform.
The Users understand and agree that Aero Estate may screen and verify the information provided by the User and at its sole discretion, increase the amount or number of information for the registration process and may ask for further information even after the registration process. Aero Estate may in its sole discretion close the Account of any User, if any information provided is found to be false or the information provided is not sufficient.
The User shall ensure that the registration data provided by the User must be accurate, complete, current, and true. Aero Estate shall bear no liability for false, incomplete, old, or incorrect registration data provided by the User.
The User hereby expressly consents to receiving communications from Aero Estate through the User's registered phone number and/or e-mail id. The User further consents to be contacted by Aero Estate's representatives via phone calls/SMS notifications. The User agrees that any communication received by the User from Aero Estate will not amount to spam, unsolicited communication or a violation by Aero Estate.
The User shall be solely responsible for maintaining the confidentiality of his/her/their registration data and will be liable for all activities and transactions that occur through his/her/its Account, whether initiated by the User or any third party. The password and other details of the Account should not be shared with any third party. The User's Account is non-transferable and is not capable of being sold to a third party.
Aero Estate shall not be liable for any loss that may incur to the User as a result of someone else using the User's password or Account, either with or without the User's knowledge. In the event of any change in the said information, the User agrees to promptly update his/her/their account information to ensure that the communications We intend to send to the User are promptly delivered and are not sent to any other entity/third party.
Aero Estate reserves the right to suspend or terminate the User's account with immediate effect and for an indefinite period, if Aero Estate have a reason to believe that the registration data or any other data provided by the User is incorrect or false, or that the security of the User's account has been compromised in any way.
a. The Users agree to receive email/SMS/phone calls/letters from Us/ other registered Users (as the case may be) in order to use the Platform and avail Services provided by Us.
b. The Users agree that Our Services under the Platform are non-transferrable. The Users further agrees that We may put further terms and conditions in relation to the use of Our Portal.
c. The User hereby accepts the terms and conditions mentioned herein by providing the mobile number/ Email-id on the Platform to receive an OTP for login. The User further agrees that We may notify the User by the means of WhatsApp/ SMS/ E-Mail about new project(s) and any other schemes from time to time on their Email id and/ or their mobile number.
d. The User agrees and permits Us to access files/photos/contacts and other media for the purpose of rendering Services to the User. The User hereby acknowledges and confirms that any and all media shared by such User to Us shall be true and accurate. It shall bear no liability to Us if any such files/photos/contacts or media content are proved to be misleading or violate any provisions of the Applicable Law.
e. The User agrees and consents that in order for Us to access files and photos or any media, the User permits access to camera and files of the User. We declare that such media shared by the User shall be governed as per Our Privacy Policy.
f. The User further consents and agrees to permit Us to access the User's location via GPS or any other similar technology for the purpose of rendering Services, We shall not hold any liability or responsibility in case of any issues arises with such a technology or if such a permission is disallowed, for the proper rendering of Services or from any damage or injury arising therefrom.
g. The User consents and allows Us to acquire biometric data, facial recognition, pattern lock key and password for the purpose of security of the User himself to safeguard the access of the Platform and thereby protection of the concerned data.
h. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User's equipment on account of User's access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform.
i. The User agrees that any data/information provided on the Portal is subject to change depending on various external factors beyond Our control. Such information includes but is not limited to the pricing of project(s), area of land, number of customers, average appreciation, images of the property, and any related or unrelated information provided thereof.
j. The User agrees and acknowledges that any representations made in the Portal such as but not limited to images of the project(s), description of Aero Estate, its directors any other information provided by Aero Estate on the Portal, are true to the fullest knowledge of Aero Estate and the User shall not dispute the same.
k. The User is solely responsible for doing a background check/ due diligence of the project(s) before making any investments. Aero Estate shall not be responsible for any liability arising out of lack of due diligence on the part of the User.
l. The User acknowledges and frees Aero Estate from any liability arising out of any mathematical, financial, statistical and /or analytical data provided on the Portal, as such data is merely for reference and should be understood as an approximate projection. This data does not in any manner represent accurate value to its fullest extent and is also subject to change on external factors beyond the control of Aero Estate.
m. The details about the project(s) provided on the Portal such as but not limited to location details, nearby landmarks, distance from landmarks, etc. are for reference and approximate in nature. Aero Estate cannot be held liable in case of any inaccuracy therein.
n. Any representations made in the portal by Aero Estate regarding RERA details are true to the fullest extent of Aero Estate's knowledge.
o. The User agrees and acknowledges that any brand promises provided on the Portal are not legally binding guarantees and therefore have no legal effect of enforceability.
p. If a User is dissatisfied with the Portal, the User's sole remedy is to discontinue using the Platform. If We determine that the User has/have provided fraudulent, inaccurate, or incomplete information, including through feedback, We reserve the right to immediately suspend the User's access to the Platform or any of the User's Account with Us.
q. The User shall be liable to indemnify and keep indemnified Aero Estate for any losses incurred as a result of User's misrepresentations or fraudulent feedback that has adversely affected Aero Estate.
r. The Platform is provided by Aero Estate on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Aero Estate does not provide or make any representation, warranty, or guarantee, express or implied about Platform or Services.
s. Aero Estate does not guarantee the accuracy or completeness of any content available on the Platform. To the fullest extent permitted by Applicable Law, Aero Estate disclaims all liability arising out of the Users use or reliance upon the Platform, the Services, representations, and warranties made by Users, the content or information provided by the Users on the Portal.
t. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
u. User specifically acknowledges that Aero Estate is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User.
v. In addition to the terms set forth above, neither Aero Estate, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby.
w. The Platform may be linked to the website of third parties, affiliates, and business partners. Aero Estate has no control over, and is not liable or responsible for content, accuracy, validity, reliability, or quality of such websites or made available by/through its Platform.
x. The inclusion of any link on the Platform does not imply that Aero Estate endorses the linked site. Users may use the links and the Services at their own risk. Aero Estate reserves the right to store, share and display the information provided by the User in accordance with its Privacy Policy. The User understands and agrees that the User shall be solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to the User's use of the Platform and Services.
In connection with the User's use of the Platform and the Services, the User agrees and undertakes not to do the following:
a. This KYC policy shall apply in case of any monetary transaction done with Aero Estate or any Platform/Portal/Application thereof. The KYC policy would be applicable due to the involvement of the purchase of project(s).
b. User hereby agrees to provide its KYC details including identity proof, bank account details, PAN number/Card, and residence proof in accordance with the law concerned.
c. Aero Estate presumes that all the data given for KYC verification is true to the fullest knowledge of the User, and for which Aero Estate will not be liable to any extent if the validity of data is proved otherwise. In such a case, the sole responsibility would be that of the User.
d. The User authorizes Aero Estate to make such enquiries as they may feel necessary to satisfy themselves about the validity of the User's identity or KYC details.
e. Aero Estate reserves the right to terminate any Account or transaction thereof, with or without notice to the User, in the event the KYC documents / information is found to be incorrect, or the authenticity of the documents / information is found to be doubtful, pursuant to the KYC Policy in this T&C.
f. The data of the User collected by Aero Estate under the KYC policy is subject to disclosure in case of any law of the land, order/direction/judgement of a court of law requiring Aero Estate to disclose such data/information to the concerned authorities.
g. The KYC policy of Aero Estate is subject to change at any point of time with the respective law in force and for the same Aero Estate shall not be held responsible.
a. Use of the Services, through Portal, or by any other means, is available to persons who can under Applicable Laws enter into a legally binding contract, and/ or are not barred by any law for the time being in force. Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Portal.
b. The User must be 18 years of age or older to register, in addition to being duly qualified for the intended use of the Services in any manner. By registering and using the Platform or accepting this T&C, the User represents and warrants to Aero Estate that you are 18 years of age or older, and that the User has the right, authority and capacity to use the Platform and the Services available through the Portal. In case of minor, the parent or guardian can do registration on his/her behalf.
c. The User may avail the Services only if the User fulfills the conditions as mentioned in this T&C. If the User is not eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
d. The User acknowledges that We rely completely on the information provided by the User and We shall not be held liable if the User or anyone who uses the User's Account to access the Platform Services on the Platform is not eligible to use the same.
e. We reserve the right to refuse, restrict, suspend, limit or terminate any or all Platform Services provided to any User at any time for any reason. User/ Users who violate any of the provisions of this T&C will have their access blocked/ membership if applicable revoked and/ or be excluded from Our network.
The information and statistics presented in the Platform are of a general nature only and do not take into account the particular needs or individual circumstances of investors. Aero Estate does not give any warranty, whether express or implied, as to the accuracy, reliability or otherwise of the information, statistics and opinions contained herein and to the maximum extent permissible by law, accepts no liability for any loss or damages suffered as a result of reliance on such information presented on the Platform.
Material displayed on the Platform is solely representative in nature and is not intended to provide investment, accounting, tax or legal advice. Aero Estate does not represent that any project, product, security or service referred to on the Platform is suitable for any specific investor, nor are they obligations of or guaranteed by Aero Estate.
Nothing on the Platform should be deemed as a recommendation to you to buy, sell or hold any asset or other investment or that you pursue any investment style or strategy and should not be relied on for making business, investment or other decisions. Users are encouraged to consult with their own advisors with respect to their individual circumstances and needs if they would like investment, accounting, tax or legal advice. Decisions based on material displayed on Platform are the sole responsibility of the user, and you agree that Aero Estate is not liable for any action you take or decision you make in reliance thereon.
Aero Estate by way of its Services and User's use of the Platform provides a nonexclusive, revocable, non-assignable license to use the Platform of Aero Estate. The rights granted under the Platform by Us to the User are personal in nature and character and therefore the User shall not be permitted without the prior consent in writing from Us, to assign, transfer or grant any sub – license to, or otherwise dispose of the whole or any part of the User's right, title, and interest in respect of this Platform to any third party.
a. Aero Estate shall not be held responsible for non-availability of the Platform and Platform Services during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Aero Estate's control.
b. We do not commit to ensuring that, the Platform will be available at any particular time.
c. While We shall make best endeavors to ensure proper functioning of the Portal, the User shall not hold Us liable for any loss, or inconvenience suffered due to the unavailability of features or Platform Services provided on the Portal.
The User agrees to indemnify and keep indemnified and hold Aero Estate, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any User/third-party due to, or arising out of the User Content, registration data and any information submitted by the Users, use of any Services by the User, violation of this T&C, Privacy Policy, breach by the User of any of the covenants, representations and warranties herein, User's violation of any rights of another (including infringement of Intellectual Property Rights) or User's violation of any Applicable Law, rules or regulations.
The User hereby undertakes to indemnify and keep indemnified Aero Estate against any and all losses, claims, liabilities costs, etc. which arise out of or relating to the User's failure to identify him/herself and validate its account promptly and / or due to incorrect KYC documents / information.
Aero Estate is the sole owner or lawful licensee of all the rights and interests of the Platform and the data therein. The Platform embodies Aero Estate's Intellectual Property Rights protected under worldwide copyright, trademark and other laws. All title, ownership and Intellectual Property Rights in the Platform and data shall remain with Aero Estate and its affiliates, as the case may be. All rights not otherwise claimed under this T&C and Privacy Policy or by Us are hereby reserved. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
Project(s), designs, specifications and other documents ("Designs"), prepared by Aero Estate are instruments of service for use solely with respect to the project(s). This includes documents in electronic form. Aero Estate shall be deemed the author and owner of the project(s) and shall retain all common law, statutory and other reserved rights, including copyrights in respect thereof. The User shall indemnify and hold Aero Estate harmless at all times for any loss or damage caused by any unauthorized use of the project(s) by the User and the User shall be liable for the same.
In no event shall Aero Estate be liable for (i) any form of negligence (including gross negligence to the extent permitted by law) by Aero Estate or by any of Aero Estate's employees, executives or affiliates; (ii) indirect damage, consequential damage and/or loss of profits or unrealized savings; and (iii) any acts and omissions on the part of auxiliary persons of Aero Estate or the suppliers/vendors, be this contractual or non-contractual.
Any provisions specified or implied by herein or elsewhere notwithstanding, any advice, recommendation, information, assistance or service provided by Aero Estate in relation to the project(s) or in respect of their use or Application is given in good faith, shall be deemed to be accepted by the User without imputation of any liability to Aero Estate, and it shall be the responsibility of User to confirm the accuracy and reliability of the same in light of the use of which User makes or intends to make of the products and services.
The User can stop using Our Platform and the Platform Services at any time. Aero Estate shall also be entitled to restrict Platform access by the User or add or create new limits to Platform Services provided to the User at any time.
Aero Estate reserves the right, in its sole discretion, to terminate the access to the Platform and the related Services or any portion thereof at any time, by giving the User 3 (three) days' notice via email to his/her/its registered email address provided to Us.
Causes for termination may include, but shall not be limited to, breach by the User of this T&C, General Terms, Privacy Policy or Applicable Laws, requests by enforcement or government agencies, requests by the User, etc.
Should the User object to any terms and conditions of this T&C or become dissatisfied with the Platform in any way, the User's only recourse is to immediately: (a) discontinue use of the Platform and Platform Services; and (b) notify Aero Estate of such discontinuance. Aero Estate shall not be liable to the User or any third party for termination of this T&C.
Upon termination, the User's right to use the Platform and Platform Services shall immediately cease. The User shall have no right, and Aero Estate shall have no obligation thereafter to execute any of the User's uncompleted tasks. Once the User's registration is terminated, cancelled or suspended, any User Content that the User has stored on the Platform may not be retrieved later.
In case of termination of this T&C, the clauses of these T&C that reasonably should survive termination of the T&C will remain binding including but not limited to indemnity, ownership of Intellectual Property Rights, etc.
The User agrees that this T&C and any contractual obligation between Aero Estate and User will be governed by the laws of India. The courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this T&C or the User's use of the Platform.
Last updated: January 2023
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