These terms of use (“Terms”) govern the use and access of the mobile application, myosproperty.com (“Myosproperty.com”), owned and operated by Volubilis property private limited (the “Company”). By accessing or using Myosproperty.com, you (“users” or “you”) agree to comply with and be bound by these terms. Please read these terms carefully as well as the privacy policy which is incorporated herein by reference.

By accessing or using any part of myosproperty.com, the user states and confirms to have read, understood and agreed to these terms, as amended by the company from time to time at its sole discretion. In the event a user does not agree to any or all of the provisions of these terms, without modification, such user is requested to not use and access myosproperty.com. users are expected to review the terms periodically to ensure that they are aware of all changes or amendments made hereto. user’s continued access or use of myosproperty.com following any alteration to the terms constitutes the user’s acceptance of those alterations or modifications of the same.

  1. Services

    The company through myosproperty.com provides the following services to the users (collectively referred to as the “Services”):

    • Providing building visualization solution which enables the user to conceive a 3- dimensional and Vastu compliant model on the plot size provided by the user, for various cities, in accordance with the corresponding development Control regulations (DCRs) of the respective cities and other applicable laws;
    • Providing the approximate property value, development cost of the property based on the cost of land, built up area, construction cost using the cost calculator feature on myos property.com;
    • Connecting the users to various service providers or professionals such as architects, civil engineers, advocates and service providers builders/developers, liasoning firms, MEP consultants, building material vendors or manufacturers (“Service Providers”);
    • Land guard services where myosproperty.com will undertake to periodically update the user of any developments, trespassing, encroachment or any other happenings in and around the property specified by the user. At the option of the user, myosproperty.com will provide round the clock security surveillance as a specialized service.
  2. Registration
    • Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the services (“Sign-up process”). User shall identify a user name and password and provide certain personally identifiable information including without limitation, name, age, entity name, contact details etc. In order to obtain an account with MYOSPROPERTY.COM.
    • Users shall: a) provide true, accurate, current and complete information as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign-up process to keep it true, accurate, current, and complete at all times. In the event the users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the company may terminate such user’s account and refuse current or future use of any or all of the services.
    • Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their account. Users agree to notify the company immediately of any unauthorized use of their username and passwords or any other breach of security.
    • The company will not be liable for any loss or damage arising from the failure on part of the users to comply with this clause. Further, users shall agree to indemnify and hold the company harmless from any claims or damages suffered by the company due to any improper or illegal use of their account.
  3. License

    The company grants the user a non-exclusive, revocable, non-transferable and limited license to access and use the services on his/her/its personal device, as made available through myos property.com. The company may, from time to time, update or modify features of myosproperty.com, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The user shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to myosproperty.com through the respective login credentials authenticated for a particular use.

  4. User Content

    myosproperty.com allows you to upload/submit photos of the properties its description, reviews, clarifications, answers, content and other information (“User Content”) which may be hosted, shared or published as part of the services, and may be visible to other users. You represent that you shall not have any objection to such user content and also agree not to hold the company solely responsible for the user content made and for the consequences of uploading them. You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the company to use all the proprietary rights in and to any and all user content and intellectual property of them to enable inclusion and use of such user content in the course of services being provided on myosproperty.com.

  5. Eligibility
    • You are eligible to use the services by registering with myosproperty.com, if and only, you comply with the following conditions:
  6. You have completed the legal age of 18 years;
  7. You are eligible to enter in to a legally binding contract; and
  8. You are not barred from entering into a contract by any applicable law for the time being in force.
  9. In case you are not an individual but wish to use the services by registering yourself as a legal entity, then you should comply with the following conditions:
  10. You are fully authorized to represent your legal entity to receive the services;
  11. The legal entity you are representing is duly organized and validly existing under the applicable laws; and
  12. The legal entity has obtained all such licenses and permissions required to use the services and the same is in full force and effect.
  13. Privacy

    The company respects the privacy of users and has accordingly formulated a privacy policy (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal information”) shall be governed by such policy as provided on myosproperty.com and amended from time to time.

  14. Third Party Links

    myosproperty.com may include links to other websites or applications that are not owned or operated by the company. The company does not have any control over these third-party websites or applications (the “Third-party links”) and is not responsible for any information, functionality, or content accessed through the third- party links. Furthermore, third party links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the company. The users are responsible for taking the necessary precautions to protect themselves and their mobile devices computer and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such third- party links. The company disclaims any responsibility for any harm resulting from a user’s access or use of these third-party links.

  15. Subscription Fee
    • Subscription fee is applicable for accessing selected features of myosproperty.com. The applicable rate of the subscription fee for various services provided shall be as may be prescribed by the company from time to time and as available on www.myosproperty.com. The payment for services once subscribed to by the user is not refundable. The subscription fee once paid is valid for a period as determined by the company and made available on www.myosproperty.com.
    • Payment of the applicable subscription fee shall be made through a payment gateway as may be associated with myosproperty.com. The payments will also be subject to additional terms and conditions imposed by the applicable third- party payment gateway service provider and the users are advised to review these terms and conditions before using such method of payment. myosproperty.com or the company will, under no circumstance, and in no manner be responsible for the services provided by such third-party payment gateway, including but not limited to transfer of money by such third-party payment gateway or any amount debited from your bank account in pursuance of such payment, or for any fail of payment transaction, or any refund from the third-party payment gateway and its operator.
  16. Restrictions on Use.
    • Users shall not use the services provided by myosproperty.com:
      • For any unlawful purpose or in violation of any applicable laws; or
      • In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or
      • Post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or
      • Post any content that is false or misleading; or that harasses or advocates harassment of another person.
    • Users are also prohibited from violating or attempting to violate the security of myosproperty.com, including, without limitation the following activities:
      • accessing data not intended for such user or logging into a server or account which the user is not authorized to access;
      • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
      • attempting to interfere with services to any user, host or network, including without limitation, submitting a virus to myosproperty.com, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or
      • transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
      • removing any copyright, trademark or other proprietary notices from any portion of myosproperty.com;
      • reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit myosproperty.com except as expressly permitted by the company;
      • submitting any user content unless you are the owner of the rights in such user content or have the permission from the rightful owner to share the material and to grant the company all of the license rights granted therein;
      • decompiling, reverse engineering or disassembling the website except as may be permitted by applicable law;
      • linking to, mirroring or framing any portion of the services;
      • reformatting any portion of the pages that are part of myosproperty.com;
      • accessing myosproperty.com through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built- into myosproperty.com;
      • causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of myosproperty.com or unduly burdening or hindering the operation and/or functionality of any aspect of the services;
      • attempting to gain unauthorized access to or impairing any aspect of myosproperty.com or its related systems or networks or services;
      • infringing any intellectual property or other proprietary rights of any third party;
      • copying or using the information, content or data of others available on myosproperty.com (except as expressly authorized); and
      • overriding any security feature of the services.

      Further, violations of system or network security may result in civil or criminal liability.

  17. Remedies
    • User understands and agrees that the company may review any content on myosproperty.com, and in case the company finds, in its sole discretion, that the user has violated any of these terms especially clause 9, the company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from myosproperty.com and/or terminating the registration of such violators and/or blocking their use of the services.
    • The company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
    • In order to ensure a safe and effective experience for all the users, company reserves the right to limit the amount of data that may be accessed by them in any given time period. these limits may be amended at the company’s sole discretion from time to time.
    • The user acknowledges that in no event shall company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any user or anyone else in connection with the use of the services.
  18. Security
    • The company acknowledges that it employs industry standard security protocol to ensure that the information that are stored, transmitted or transferred through myosproperty.com is protected and the same is hosted on a secure server. However, the company shall not be held responsible for the loss of content or the information that is being transmitted through myos property.com due to any technical issues from other sources. In order to keep the account safe, the users are suggested to change the passwords of his/ her account with myosproperty.com periodically.
    • Myosproperty.com or the user will select a username and password when completing the registration process. The user will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.
  19. Intellectual Property
    • Myosproperty.com, its technology and all the information, images, logos, trade names, domain names, service marks and other materials on it, including the look and feel of the mobile application (collectively “Mobile App Content”), are the exclusive intellectual property of the company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on myosproperty.com or mobile app content, without express and written approval of the company shall be violation of the relevant intellectual property laws.
    • The company respects the intellectual property rights of others (the “Claimant”) whose work might allegedly be infringed by the company. If the claimant believes that any material on myosproperty.com infringes upon their copyright, they may notify the company through an email at support@myosproperty.com.
  20. Termination

    User may deactivate his/ her account and end the registration with myosproperty.com at any time, for any reason by sending an email to support@myosproperty.com. The company may also suspend or terminate your use of myosproperty.com, your account and/or registration, at any time, for any breach of these terms. Subject to applicable law, the company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to myosproperty.com pursuant to its internal record retention and/or content destruction policies. After such termination, the company will have no further obligation to provide the services.

  21. Disclaimer & Warranties
    • The company is only acting as an online facilitator between the users, and any content posted by the user (“User Content”) does not represent the views/ clarifications of the company and the company makes no guarantee as to the validity, accuracy or legal status of any user content.
    • The company strictly encourages you to exercise reasonable diligence as you would adopt in traditional off-line channels and practice judgment before committing to or completing intended purchase or sale.
    • The company makes no representation, warranty or guarantee as to the quality, accuracy, completeness, performance or fitness for any particular purpose of the services, tools etc. Provided through myosproperty.com. Some of the services provided here will be through third-party service providers and myosproperty.com doesn’t take any guarantee of any loss caused due to the actions of such third-party service providers. The contents of myosproperty.com could include technical or typographical errors. Any reliance you place on such information is therefore strictly at your own risk.
    • No information, whether oral or written, obtained by the user from myosproperty.com shall create any warranty not expressly or impliedly made herein. The company makes no representations or warranties that myosproperty.com is appropriate or available for use in all geographical locations.
    • The 3d model is generated by myosproperty.com based on the location and coordinates provided by the user. The onus for providing the accurate location and coordinates of the plot is on the user. The company undertakes no liability for inaccuracy of such location.
    • myosproperty.com provides an approximate cost of the property, calculated based on the choice of construction, size of the plot, height, Development Control Regulations, prevailing market rates, and other relevant factors. The company shall not be held liable for any difference in the cost displayed on myosproperty.com, and the same quoted by a third party.
  22. Limitation of Liability

    Neither the company nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use myos property.com or mobile app content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material, (b) damages caused by viruses, malfunctions, or harmful components accessed through myosproperty.com, and (c) damages for lost profits, loss of data, or other intangibles, or any consequences of whether foreseeable or unforeseeable. Neither the company, nor any of its licensors or suppliers, shall be liable for any advice obtained from a service provider using myosproperty.com.

  23. Indemnification

    If anyone brings a claim against the company related to your actions, user content submitted by you, you will indemnify and hold the company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the company may incur and initiate proceedings in any appropriate courts or other forums for the material breach of these terms by you. Although the company provides rules for your conduct, the company does not control or direct your actions on myosproperty.com and is not responsible for the user content you transmit or share on or use on myos property.com or for any of your actions in using the services. The company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable user content you may encounter on myosproperty.com. The company is not responsible for the conduct, whether online or offline, of you.

  24. Governing Law and Jurisdiction

    These terms shall be governed by, interpreted and construed in accordance with the laws of republic of India. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these terms exclusively in the courts of law at Hyderabad, Telangana.

  25. Miscellaneous
    • The agreement shall be interpreted, construed and enforced in accordance with the laws as applicable in India without regard to conflict/choice of law principles. In a situation where any provision of this agreement is found to be invalid or unenforceable, such provision shall be severed from the remaining agreement, which shall remain in full force and effect.
    • No waiver of any breach or default of the agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this agreement should not be used for any interpretative purposes as these are for mere convenience of the user.
    • All of the company’s rights and obligations under these terms are freely assignable by the company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    • The company reserves the right to research and publish general user behavior categorized at its discretion.
    • By using myosproperty.com and these terms you agree to receive account and feature e-mails, calls and messages from the company.

Download Our App For Free

Copyright © 2018. Volubilis Property Private Limited. All Rights reserved.