The Terms govern and apply to your access and use of the 1group mobile app (the "App") and websites owned and operated by ii5 Global Limited ("ii5", "we", "us" or "our") on which a link to the Terms is posted ("Site") and the App on which a link to the Terms are made available. The Site and the App are collectively referred to as the "Services."
In the Terms, references to "you" includes you individually or any company, partnership, association or other organization ("your organization") which you form part of or are employed by. If you are using our Services on behalf of your organization, that organization accepts these Terms. You represent, warrant and undertake that you are and will remain authorised to agree to the Terms on behalf of your organization, that the Terms are binding on your organization and that all use made by you of the Services is and will be carried out on behalf of your organization.
You acknowledge and agree to the following (as such terms are further elaborated upon below):
- The App is licensed and not sold to you, and you may use the Services only as set forth in the Terms;
- When you first create an account via the App or the Site, we will ask you for your mobile phone number in order to verify your account by text message, and any applicable text messaging fees of your mobile network operator (the "Carrier") that may apply will be your sole responsibility;
- Your use of the Services may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of the Carrier, which are your sole responsibility;
- The Services are provided "as is" without representations, warranties, promises or guarantees of any kind and ii5's liability to you is limited as detailed further below; and
- You represent, warrant and undertake that you hold and will continue to hold all licences, registrations (including, if required, registrations required under Real Estate (Regulation and Development) Act, 2016), permissions, permits and authorizations, and otherwise satisfy all legal and regulatory requirements to carry on any business you may from time to time conduct through the use of the Services.
USE OF THE SERVICES
Subject to the Terms (including without limitation your compliance with the Terms), you have the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to download and install a copy of the App from a legitimate marketplace (such as Google Play or Apple's App Store) on your mobile device, and to access and use the Services, in each case, for your own personal use. Using our Services does not give you ownership of any intellectual property rights in our Services or the content that you access. These Terms do not grant you the right to use any branding or logos used in our Services. You may not: (i) copy, modify, or create derivative works of the Services (or any part thereof) for any purpose; (ii) distribute, publicly display, publicly perform, transfer, sell, sublicense, lease, lend, rent or otherwise make available the Services (or any part thereof) to any other person or entity; (iii) decompile, reverse-engineer, disassemble or interfere with or circumvent the Services (or any part thereof), including without limitation any security or access control mechanism we may put in place; (iv) remove, obscure or alter any legal notices displayed in or along with our Services; (v) use our Services in a way that distracts you or prevents you from obeying safety laws including traffic laws; or (vi) use our content or the Services (or any part thereof) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms.
Our Services may change from time to time and/or we may stop (permanently or temporarily) providing the Services (or features within the Services), possibly without prior notice to you. For example, we may suspend or stop providing our Services to you if you do not comply with our Terms or policies or if we are investigating suspected misconduct or if it is required under applicable law. Our Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or from other information. The types and extent of advertising provided in relation to the Services are also subject to change over time. In consideration for providing you the Services, you agree that we and our third-party providers and partners may place advertising on our Services or in connection with the display of content or information on our Services.
Certain features of our Services may be subject to additional terms or conditions, which will be posted with those features. Such terms and conditions are incorporated by reference into the Terms.
In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Google or Apple, Inc. (each, a "Service Provider") to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Services, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. ii5 is not responsible for any act or omission of any Service Provider. ii5 does not provide you with the equipment to access or use the Services. You are responsible for all fees charged by third parties or Service Providers to access and use the Services (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Services (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you must notify ii5 immediately to suspend Services.
CREATING AN ACCOUNT
In order to access and use the Services, you will need to register and create an account (your "Account"). By creating an Account, you represent that you are of legal age to form a binding contract, have not previously been suspended or removed from the Services and are not a person barred from receiving the Services under the laws of England and Wales or other applicable jurisdiction.
You agree to provide and maintain accurate, current and complete information about your Account, including without limitation your mobile phone number. Without limiting the foregoing, in the event you change or deactivate your mobile phone number, you will update your Account information promptly to ensure that your messages are not sent to the person who acquires your old number.
When creating an Account, don't:
- Provide any false information to us (including without limitation a false username) or create any account for anyone other than yourself without such other person's permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorization; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your Account, and agree to notify us if your Account might be compromised by an unauthorized third party. You are responsible for activities that occur under or through your Account. To protect your Account, keep your password confidential. If you have reason to believe that your Account (including without limitation your mobile phone) is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
You can link your Account to various webmail, social networking, and other online accounts. You may only link your own Accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts (including any information of your organization), as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
Access to the Services, or to certain features of the Services, may require you to pay fees to us, one of our affiliates or to a Carrier. If you have any questions or issues with such payments, please contact us at email@example.com or the applicable Carrier.
Our Services allow you to post, store, share and otherwise make available certain information, text, images, videos and/or other content (the "Content"). You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and to grant us the right and license granted in the Terms, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By making Content available on or through the Services, you grant us (and those we work with) a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, host, store, modify, publish, publicly perform, publicly display, reproduce, create derivative works (such as those resulting from translations, adaptations or other changes that we may make), communicate and distribute such Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Without limiting the foregoing, you agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to the Terms.
You can remove certain Content that you posted by specifically removing it. In certain instances, however, some Content (such as posts or comments you make) may not be completely removed on the Services and copies of your Content may continue to exist on the Services and/or elsewhere even after you stop using the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Services and this license continues even after you stop using the Services.
You also have the option of disabling your Account by contacting us to disable your Account. If you disable your Account, we log you out of your Account and cease sending you notifications, but we will save your information (including without limitation your Content) in case you later decide to reactivate your Account. Your profile and Content will still be visible by other users. Please note that in the event of any deletion or other termination of your Account we will continue to store and process certain information (including without limitation your Content) for analytics purposes. We will also retain any information (including without limitation your Content) as required by law. Content shared by others, or messages you send, may also remain visible to other users after you delete your Account.
We ask that you respect our on-line community and other users of our Services when posting Content and using the Services. You agree not to:
- Submit material that violates a third party's proprietary rights, including without limitation privacy and publicity rights, or that otherwise violates any applicable law;
- Publish falsehoods or misrepresentations or publish defamatory content that could damage us, other users, or any third party;
- Publish any personal information or private information of someone, like their address, phone number, email address, and similar information without their permission;
- Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Submit material that you know to be incorrect or misleading;
- Impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals, including without limitation by use of our trademarks, service marks, logos, branding or names without express written authorization from us;
- Solicit a user's password or other account information; or
- Harvest user names, addresses, or email addresses for any purpose.
This list is an example and is not intended to be complete or exclusive. We don't have an obligation to monitor your access to or use of the Services or to review or edit any Content, but we have the right to do so for the purpose of providing the Services, to ensure your compliance with the Terms, and/or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We may also provide any information you provide us through use of the Services to any government authority or court in case of a written demand or request from them. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we consider, in our sole discretion, to be in violation of the Terms or otherwise harmful to the Services.
Since the Services may not always be available and your Content on the Services may not always be available, you agree not to rely on the Services for the purposes of your Content access, storage or backup. We will not be liable to you for any modifications, suspension or discontinuation of the Services or the loss of any Content.
CONTENT ON THE SERVICES
Your Content and the content provided by the other users of the Services have not been reviewed, verified or authenticated by us, and may include inaccuracies or false information or be offensive, indecent or objectionable. Neither we nor our affiliates, representatives, suppliers or distributors make any representations, warranties, promises or guarantees in connection with our Services or any content on the Services, including relating to the quality, adequacy, currency, suitability, truth, accuracy or completeness of any such content. You acknowledge sole responsibility for and assume all risk arising from your use or reliance on any such content. You represent, warrant and undertake to not upload any sexually explicit information; information which is anti-national or threatens the integrity, defence, or sovereignty of India, or is insulting to any other nation; or any information prohibited or restricted under applicable Indian laws relating to information technology, including but limited to the Information Technology Act, 2000 and the rules and regulations framed thereunder.
If notified by a user of our Services or content owner that content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the content, which we reserve the right to do at any time and without notice.
We do not permit copyright infringing activities and infringement of intellectual property rights in relation to or with respect to the Services and reserve the right to remove any such content. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification to firstname.lastname@example.org.
Any transaction taking place between you and any other user of the Services (or any other person in connection with the Services) (each, a "Transaction" and collectively, the "Transactions") is carried out solely between you and such other person. We have no obligation to you whatsoever in relation to any Transactions, and ensuring the registration of all relevant properties and the legality of and the enforcement of any contractual obligations arising out of completing a Transaction is the responsibility of you and/or the counter-party or other relevant parties.
Any information relating to any Transaction or potential Transaction, such as property details, photographs, floor plans and pricing, are made available through the Services solely for informational purposes and have been made available to you without any representation or warranty on our part as to accuracy or completeness.
You are responsible for paying all taxes, duties and additional fees that may arise from your use of the Services and/or in relation to any Transactions.
You may use our Services only as permitted by law and subject to these Terms and our Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services: (i) attempt to access or search the Services or download content from the Services through any method including the use of any engine, software, tool, agent, device or mechanism (including without limitation spiders, robots, crawlers, data mining tools or the like) other than through the method, software and/or search agents and pursuant to the instructions provided by us; (ii) access, tamper with, interfere or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers, including without limitation by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (iii) gather and use information, such as other agent's, landlords' or users' names, real names, mobile phone numbers, available through the Services to transmit any unsolicited contact, advertising, junk mail or spam; (iv) use the Services in any manner not permitted by the Terms; (v) violate any applicable law or regulation; (vi) encourage or enable any other individual to do any of the foregoing; or (vii) interfere with any other's use of the Services, including without limitation by: (a) making unsolicited offers to other members of the Services or (b) collect or attempting to collect, information about members or third parties without their consent. We reserve the right to investigate violations of any of the above and/or involve and cooperate with law enforcement authorities in any relevant jurisdiction(s) in prosecuting members who violate the Terms and suspend and/or terminate use of the Services in these circumstances.
You agree to indemnify and hold ii5, its successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns and its and their past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns and successors in interest, and all persons acting by, through, under or in concert with them, and each of them, harmless from and against any and all claims, actions, proceedings, demands, charges, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) whatsoever which they or any of them shall or may suffer, incur or sustain by reason of or as a result of (i) your access to or use of or inability to access or use the Services (including without limitation any information or content obtained from using the Services); (ii) any Transactions (actual or prospective) that may arise from your use of the Services; (iii) your violation of the Terms or any applicable law or regulation, (iv) your violation of any rights of any third party, including without limitation intellectual property rights or rights of publicity, confidentiality, property or privacy; or (v) any disputes or issues between you and any third party. We reserve the right to assume the exclusive defense and control of any matter (including the right to settle such matter on terms and conditions determined by us) otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
HYPERLINKS AND LINKS TO THIRD PARTY SITES
The Services may include links from or to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites. ii5 may provide tools through the Services that enable you to import or export information, including without limitation content, from or to third-party services. By using these tools, you agree that we may transfer such information from or to the applicable third-party service. Such third-party services are not under our control, and we are not responsible for their use of your imported or exported information.
CHANGES TO THE TERMS
We are constantly changing and improving the Services and we may add or remove functionalities or features and we may suspend or stop a feature or functionality of the App or Site altogether. We reserve the right, at our discretion, to change the Terms on a going-forward basis at any time. We will post the existing Terms on the Site. Please check the Terms periodically for changes. Your continued use of our Services constitutes your agreement to be bound by any such changes to the Terms. If you do not agree to the any of modified Terms for the Services, you should discontinue your use of the Services. Disputes arising under the Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.
The contents of our Services (including without limitation the App) are protected by the applicable copyright, trademark, and other intellectual property laws. Except as expressly provided for in the Terms, ii5 (or our licensors) exclusively own all right, title and interest in and to the Services (including without limitation the App), including all associated intellectual property rights and data. Except as expressly provided in the Terms, you may not make use of the Services, and ii5 reserves all rights to the Services. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services (including without limitation the App). You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Services (including without limitation the App) ("Feedback") will be the sole and exclusive property of ii5 and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
YOU UNDERSTAND AND AGREE THAT THE SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICES) ARE PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE DO NOT MAKE ANY COMMITMENTS ABOUT THE INFORMATION OR CONTENT AVAILABLE WITH THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, (A) ANY WARRANTY FOR CONTENT, INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES; (B) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, OR SERVICES OFFERED; (C) ANY WARRANTIES CONCERNING OR WITH RESPECT TO SENSITIVE PERSONAL DATA OR INFORMATION UPLOADED, RECEIVED OR TRANSMITTED THROUGH THE SERVICES OFFERED AND SUCH SENSITIVE PERSONAL DATA OR INFORMATION UPLOADED, RECEIVED OR TRANSMITTED THROUGH THE SERVICES IS AT THE SOLE RISK, RESPONSIBILITY AND LIABILITY OF THE INFORMATION PROVIDER (AND NOT ii5 NOR ANY EMPLOYEE, OFFICER, AGENT OR ASSOCIATE OF ii5); (D) ANY WARRANTIES THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; (E) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, OR THAT THIS SITE OR APP WILL BE COMPATIBLE WITH YOUR COMPUTER EQUIPMENT; AND (F) ANY WARRANTIES OF NON-INFRINGEMENT. YOU (AND NOT ii5 OR ANY EMPLOYEE, OFFICER, AGENT OR ASSOCIATE OF ii5) ASSUME ALL RISK AND THE ENTIRE COST FOR ALL LOSSES OR DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES (INCLUDING WITHOUT LIMITATION ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICES AND ALL NECESSARY MAINTENANCE, REPAIR, AND/OR CORRECTION TO ANY EQUIPMENT YOU USE IN ACCESSING THE SERVICES OR AS A RESULT OF YOUR USE OF ANY CONTENT OR MATERIALS OFFERED THROUGH THE SERVICES) AND YOUR DEALINGS WITH OTHER SERVICE USERS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF US AND OUR REPRESENTATIVES, SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES (EXPRESS OR IMPLIED), IS LIMITED TO THE AMOUNT THAT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU WITH THE SERVICES AGAIN). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR REPRESENTATIVES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, LIABILITIES OR EXPENSES OR NOT RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES (INCLUDING WITHOUT LIMITATION ANY INFORMATION OR CONTENT OBTAINED FROM USING THE SERVICES); (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; OR (iii) UNAUTHORIZED ACCESS, USE OR ALTERATION OF THE INFORMATION OR CONTENT OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY.
EACH PROVISION OF THE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, CONDITIONS OR UNDERTAKINGS, IS TO ALLOCATE THE RISKS UNDER THE TERMS BETWEEN US AND YOU. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE TERMS. THE LIMITATIONS IN THIS LIMITATION OF LIABILITY SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
If you are using the Services on behalf of any entity or your organization, you represent, warrant and undertake that:
- your entity or organization is validly incorporated and has the power and all rights, registrations, licences, authorizations, permits and approvals to carry on its business;
- these Terms constitute valid and binding obligations on your entity or organization; and
- your entering into and performing these Terms do not breach or conflict with the terms of any other agreement, undertaking, judgment or court order that binds your entity or organization or any law applicable to you or your entity or organization.
You further represent, warrant and undertake that you/the entity or organization you represent is registered as a ‘real estate agent' under the Real Estate (Regulation and Development) Act, 2016 (the "RERA") and rules prescribed therein if you are facilitating the sale or purchase of any plot, apartment or building in a real estate project or part thereof registered or required to be registered under the RERA. You undertake to comply at all times with all obligations under RERA applicable to you and/or your entity or organization, including quoting your or your entity's/organization's registration number in transactions facilitated by you and/or your entity or organization as required under the RERA.
The Terms are governed by and construed in accordance with English law. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the courts of England and Wales and we and you consent to personal jurisdiction in those courts.
You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. Our failure to enforce any right or provision of the Terms will not be considered a waiver of those rights. If any provision of the Terms is held to be invalid or unenforceable by a court, the remaining provisions of the Terms will remain in effect. The Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have between us regarding the Services.
In addition, you acknowledge and agree that in making the Services available to you neither of us shall be or be deemed to be the other's representative, agent, partner, joint venturer, employee, employer, affiliate or associate.
CONSENT TO ELECTRONIC COMMUNICATIONS
QUESTIONS & CONTACT INFORMATION
The Services are offered by ii5 Global Limited, a British Virgin Islands company. Please contact us if you have any questions about our Terms. You may contact us by emailing us at email@example.com.
© 2016 ii5
Effective Date: December 12, 2016