www.smart-investor.in is owned and operated by SmartHomes Infrastructure, a Private Limited Company incorporated under the provisions of the Companies Act, 2013, and having its registered office at 1205 Ganesh Glory, Near BSNL Office, JagatpurChenpur Road, SG Highway Jagatpur, Ahmedabad – 382481, Gujarat, India. Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the user’s acceptance of these Terms and thePolicy, and the user expressly agrees to be bound by the same. The userexpressly agreesand acknowledgesthat the Terms and Policy are coterminus, meaning that expiry / termination of Terms will lead to the termination of Policy as well.
The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
2. SERVICES WE PROVIDE
- Property Identification– We provide assistance in property search through our technical research and analysis to match customer requirement.
- Financial & Administrative Support – We have a dedicated team which aids the customer for Mortgage & Financial services, Administrative & Legal support.
- Transactional Support – The sales team helps during Site visits, Pricing / Inventory Negotiation.
- Product Portfolio – We cater into all kinds of properties; categorized as Residential (primary & resale), Commercial, Leasing, Land, Affordable Housing, Investor Projects, Structured offerings etc.
- Service for Life – a Dedicated Relationship Manager for customer assistance for life
The User affirms that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined under the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
5. USER OBLIGATIONS
The user shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use will only be allowed with the prior express written permission of the Company. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is strictlyprohibited. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Company’s Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
- (I) The user shall not engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website).
- (II) The user shall not collect or store data about other users of the Website.
- (III) The user shall not violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise.
6. SHARING OF PERSONAL INFORMATION
- (I)The User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate, disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
- (II) The User expressly agrees and acknowledges that the Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s user name, passwords, email address, name, address, age, date of birth, sex, nationality, shopping preferences, browsing history, etc., as well as any images or other information uploaded/published by the User on the Website. The User is aware that this information will be used by the Company/Website to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Website to make its user’s experiences safer and easier.
- (III) The User is further aware that the Website/Company and its affiliates may share / sell some or all of the User’s personal information with other business entities should the Company/Website (or its assets) plan to merge with, or be acquired by such business entity, or in the event of re-organization, amalgamation, or restructuring of the Company’s business. Such business entity or new entity will continue to be bound by the Terms and Policy, as may be amended from time to time.
7. CLIENT-THIRD PARTY OBLIGATIONS
The client will be bound by the rules and by laws guidelines laid down by the concerned builder/developer for each project and the Company will not have any say in the same.
In case a client intends to cancel a unit/property booked by him through the Company, he shall be liable to pay a nominal administrative charge to the Company for issuance of No Objection Certificate (NOC) by the Company. The administrative charge may vary from project to project, Developer to Developer and/or such other factors that may be relevant to a particular project. The Company will not be bound to issue a NOC until the client has paid the administrative charges as mentioned above.
- I) The User is aware that a ‘Cookie’ is a small piece of information stored by a web server on a web browser so it can later be traced back from that particular browser, and that cookies are useful for enabling the browser to remember information specific to a given user, including but not limited to a User’s login identification, password, etc. The User is aware that the Website places both permanent and temporary cookies in the User’s computer’s hard drive and web browser, and does hereby expressly consent to the same.
- II) The User is further aware that the Website uses data collection devices such as cookies on certain pages of the Website to help analyses web page flow, measure promotional effectiveness, and promote trust and safety, and that certain features of the Website are only available through the use of such cookies. While the User is free to decline the Website’s cookies if the User’s browser permits, the User may consequently be unable to use certain features on the Website.
9. RESTRICTING USER ACCESS
The company may in its sole discretion restrict the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or without being required to provide the User with notice or cause:
- I) If the User is in breach any of these Terms or the Policy
- II) If the User has provided wrong, inaccurate, incomplete or incorrect information
- III) If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company
The User is aware that while he/she can browse some sections of the Website without being a registered user, certain activities (such as placing an order) require the User to provide valid personal information to the Company/Website for the purpose of registration. The User is aware that the contact information provided to the Company/Website may be used to send the User offers and promotions, whether or not based on the User’s previous orders and interests, and the User hereby expressly consents to receiving the same.
You agree and acknowledge to defend, indemnify and hold the company and its affiliates, officers, agents, and employees harmless from and against any and all claims, losses, suits, damages, litigation costs and expenses or actions, and attorney’s fees, arising from a third party(s) claim, and/or related to your use of the Site or violation of these terms.
11. INTELLECTUAL PROPERTY RIGHTS
Use of any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website with respect to the Website created by the Company, orany reproduction of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. Respected companies/developers, including www.smart-investor.in, shall be the exclusive owners of all the designs, graphics and aspects mentioned earlier hereinbefore, related to the Website.The User is further aware that the Company merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.It is agreed to by the Parties that the contents of this section shall survive even after the termination or expiry of the Terms and/or Policy.
12. UNSOLICITED SUBMISSIONS
The company does not accept or consider any creative ideas, suggestions or materials from the public (“Submissions”), therefore, you are encouraged not make any Submissions to us. However, if you should choose to send us a Submission, then you shall waive and grant to us all such rights and title in the said Submission and such Submission will be considered a non-confidential and non-proprietary information and shall immediately become the property of www.smart-investor.in. www.smart-investor.in shall exclusively thereafter own all rights, title and interest in the said Submissions. The company,at its discretion, will be free to use, host, store, reproduce, modify, create derivative works (such as those resulting from adaptations or other changes we make so that your Submissions works better with our services), communicate, publish, publicly perform, publicly display and distribute such Submissions.
13. FORWARD-LOOKING STATEMENTS
This site may contain statements, estimates or projections that constitute “forward-looking statements” as defined under Indian federal securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties.Actual results and performance may be significantly different from company’s historical experience and our present expectations or projections. The company undertakes no obligation to publicly update or revise any forward-looking statements.
14. DATA RECORDS
Company maintains and operates project websites and landing pages of partner developers. By exercising the option to access such websites and providing your personal information on it, which are collected for the purpose of providing residential real estate services by us, you waive off your right to Do Not Disturb as may be registered with your individual telecom service providers and grant www.smart-investor.in the right to access, store and use your personal details and further, consent the company to reach out to you directly anytime.
15. DISPUTE RESOLUTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution mechanism.
- I) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below.
- II) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own expenses for the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Ahmedabad in the state of Gujarat, India.The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Ahmedabad shall have exclusive jurisdiction over any disputes arising between the Parties.It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- I) The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
- II) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
- III) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
- IV) The Company in the capacity of service provider is not responsible for any delays, increasing in cost, change of layout, change/levying of PLC, scraping of project, change in the builder policies, change in the government policies, judicial/administrative orders, variations between commitments and deliverables and/or such other circumstances that may take place from time to time.
- V) The pictures / photos shown in various projects include the artist’s impression of the Project. The actual properties may vary from such representations. You may also verify the completeness and accuracy of the information from RERA website of the respective state where the Project is located. The display of information on www.smart-investor.in does not in any way confirm or guarantee the allotment of registration to the Project under RERA and authorities may also deny the registration.
- I) The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- Every effort is made to keep the website up and running smoothly. However, we will be not responsible, and will not be liable for, the website being temporarily unavailable due to technical issues/suspension/maintenance. Any information accessed by the client during the period of such circumstances, in which, there may not be an updated information shall not bind the Company in any manner whatsoever.
In the event that the User wishes to stop receiving any marketing / promotional calls / email messages / text messages, or the services provided by the company or any query, clarification, grievance the client can contact the Company at +91 7042878445 or email at:firstname.lastname@example.org The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.