Terms and Conditions - proptyQ.com

In compliance with the Information Technology Act, 2000, this record is classified as an electronic document. It is important to note that, being computer-generated, it does not necessitate a physical or digital signature. The publication of this document aligns with the stipulations outlined in Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This rule mandates the public disclosure of rules, regulations, privacy policies, and Terms of Use governing the access and utilization of the Proptyq.com website.

The domain name Proptyq.com (hereinafter referred to as “Website”) is owned by Aeris Realty Solutions (hereinafter referred to as “Company” or “”ProptyQ”.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any legitimate person who is viewing/browsing the Website and/or has agreed to avail the Services provided through the Website by providing the required information while registering on the Website. The term “We”, “Us”, “Our”, “ProptyQ”, “used in these Terms shall mean Aeris Realty Solutions.

1. ACCEPTANCE TO TERMS OF USE

Your utilization of this Website is exclusively regulated by these Terms of Use (“Terms” or “Terms of Use”) and any policy/terms referred to by terms of reference. The act of browsing the Website or engaging in the services provided through it implies that you have perused and concurred with the binding Terms of Use. By doing so, you enter into a contractual relationship with ProptyQ, assuming binding obligations.

Through either implied or explicit acceptance of these Terms of Use, you also acknowledge and consent to abide by the Privacy Policy accessible at /privacy-policy, subject to periodic amendments.

Moreover, you will be bound by the rules, guidelines, policies, terms, and conditions applicable to any service rendered by this Website. These are considered an integral part of the Terms of Use, incorporating them by reference.

2. AMENDMENT/MODIFICATION OF TERMS/SERVICES

We retain the exclusive authority to amend the Terms of Use without seeking prior permission from you or providing advance notice. This establishes an obligation on your part to regularly review these Terms and remain informed about any modifications. If you persist in browsing or using the Website after such alterations, it is considered your consent to the amended policies.

ProptyQ also maintains the right to withdraw, either wholly or partially and without assigning any reason, any of the services provided through the Website, with or without notice. Additionally, ProptyQ reserves the right to alter the number of leads delivered against listing packs from time to time, without prior notice or intimation.

3. SCOPE OF SERVICES

ProptyQ provides a diverse range of online services, including but not limited to property listings for sale, lease, or purchase on the website, establishing networks for apartment complexes/buildings for neighbor interactions, apartment complex accounting, society registration, posting classified advertisements, and services offered by various third-party vendors (“Services”). These services are available to both individuals and organizations such as builders or brokers. You have the privilege to post your genuine requirements/advertisements on our website, ensuring compliance with the Terms. Additionally, you may, with your consent, authorize any person, including ProptyQ, to carry out postings on your behalf, which must also adhere to the Terms. You bear sole responsibility for any postings made by you, or by any person on your behalf or with your consent.

By using the Services, you grant authorization to ProptyQ and its business associates, partners, and/or affiliates to contact you via call, SMS, or email in connection with your application or to offer other products and services. Your agreement with this practice is subject to the privacy policy and terms of use.

4. REGISTRATION OBLIGATION AND MEMBERSHIP

To access the diverse services offered by ProptyQ, registration is mandatory. If you are representing an organization and intend to use the Services on its behalf, it is advisable for you and all other users from your organization to create user accounts, providing corporate contact information. Membership on this website is restricted to individuals above the age of 18, excluding those deemed “Incompetent to Contract™,” which includes, among others, insolvents. Minors, as defined by the Indian Contract Act, 1872, are not permitted to use the website. If you are a minor and wish to access the Website, you must do so through your legal guardian. ProptyQ reserves the right to terminate your account if it becomes aware that you are a minor using the Website’s membership.

Additionally, you bear the sole responsibility for maintaining the confidentiality of your username and password. Any activity under your account will be considered as conducted by you. You agree to: a) provide accurate and current information about yourself during the sign-up process, and b) promptly update this information to keep it accurate, current, and complete. If false or inaccurate details are provided, or if ProptyQ has valid reasons to believe so, we retain the right to permanently suspend your account and impose penalties, especially for brokers listing as owners or builders providing false information.

5. PAYMENT OBLIGATION

The fees for the various services provided by ProptyQ are clearly outlined on the website. There are both paid and free services available. Information regarding the services offered without charges and those with charges can be found on the website or by contacting us at support@proptyq.com for more details. You acknowledge that services offered without charges have limitations, as indicated by information from ProptyQ or during service utilization. Therefore, to avail of any services beyond the free offerings, you may need to pay the amounts communicated by us or specified on the website. ProptyQ reserves the right to change the amounts payable for services without prior notice. The cancellation and refund details are provided at Cancellation and Refund Policy. Generally, no refunds will be issued for services unless expressly stated otherwise. ProptyQ may provide certain discounts or offers for services, and the terms and conditions of such offers will be clearly stated on the website and may be time-limited.

Certain services are directly offered by third-party vendors, and ProptyQ’s role is limited to posting the availability of such services on our website. ProptyQ is not liable for or responsible in any way for the quality of such services. Payments made by users for these services do not accrue to ProptyQ, and ProptyQ will not respond to requests for information or clarification regarding such services.

If there is no activity or action on an account for six months, it will be considered inactive, and the account will be suspended. Customers will have an additional three months to activate listings/filters, etc. If there is still no activity after nine months, credits will be terminated/forfeited due to inactivity, and customers cannot claim credits after this period.

6. TERMS AND CONDITIONS – SERVICES

a) Local Info:

The website features a Local Info section that enables you to access, rate, review, and recommend local businesses such as restaurants in your neighborhood. The information on these pages may be contributed by a third party or submitted by individual residents. By utilizing these sections, you agree to provide truthful and accurate information, refraining from defaming, slandering, or libeling any person or establishment.

ProptyQ does not guarantee the accuracy, integrity, or quality of content submitted by individual users or provided by third parties. Moreover, any interactions you have with businesses found on or through the service, including payments, delivery of goods or services, and any associated terms, conditions, warranties, or representations, are exclusively between you and those businesses. In no event shall ProptyQ, your building, or management be liable for any damages arising from interactions between you and such parties.

b) Market Place:

The Marketplace feature allows you to offer goods and services, such as posting properties for sale, new properties being developed in any area, etc., to others or post wanted ads. It’s important to note that the Marketplace serves as a platform for placing or responding to classified listings. ProptyQ explicitly reserves the right to set limits on the number of responses for free users. ProptyQ does not assume responsibility for the content on the website, and it is your responsibility to exercise independent judgment before acting upon any content displayed on the website.

In the Marketplace or through our service, you may not list or sell any item that: (a) infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy; (b) causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, ordinance, or regulation.

7. REGULATION OF USAGE OF WEBSITE

The user commits to refraining from engaging in activities such as reverse engineering, modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, transferring, or selling any information or software acquired from the Website.

Additionally, you agree not to use the Website (including any services obtained through its use):

In a manner that violates local, state, national, foreign, or international laws.
To stalk, harass, or harm individuals or organizations.
To impersonate any person or entity or misrepresent your affiliation.
To interfere with or disrupt the Website or servers/networks connected to it.

Furthermore, in the Marketplace, you may not list or sell any prohibited/banned items. When submitting property-related information to the Website, such as property descriptions, photographs, financial details, or contact information, you agree not to do so unless you have obtained all necessary rights and authorizations from the property owner or power-of-attorney holder. This includes rights from the photographer and/or copyright owner of any photographs used for publishing and advertising the property on the Website. The inclusion of photographs with watermarks is prohibited.

8. TERMINATION OF REGISTRATION

In addition to any other available remedies, ProptyQ reserves the right to terminate your account under the following circumstances: (a) if you are discovered or suspected to have engaged in fraudulent activity related to the use of our Services, (b) if we determine that you have violated these Terms, or (c) for other reasons deemed appropriate by ProptyQ, with or without providing any reasons or evidence thereof.

9. COMMUNICATION FROM PROPTYQ:

As part of the services provided to registered members, it may be necessary for us to communicate with you via email (please refer to our Privacy Policy for more information on communications). By becoming a registered member of ProptyQ and using the services, you agree to receive specific emails essential for the normal operation of the services, including welcome emails designed to familiarize new users with various features. You confirm that you have no objection to receiving emails, messages (SMS or any other mode), or calls from ProptyQ, its group companies, affiliates, and subsidiaries. This consent supersedes any preferences you may have set or registrations made with the Do Not Disturb (DND Register) or National Customer Preference Register (NCPR).

Additionally, we may send residents occasional email bulletins to encourage their engagement with the Network or to inform them about various features or offers, unless residents have opted not to receive these emails. These emails may include neighborhood information, tips, suggestions, or offers provided by third parties. ProptyQ does not verify the validity of these offers. If we make these emails available to residents in your Network, you will have the option to opt in or out of them at any time by updating your preferences through your “Settings” page.

10. Information for Users/Service Providers:

Given that specific areas of the Website are intended to assist users in discovering new rental or purchasing opportunities, you can explore certain sections of the Network for any apartment complex/building on the Website even if you haven’t registered yet.

ProptyQ will not disclose any information that might be considered private to public users without notifying Network users. However, the authority to determine whether a piece of information is private remains with ProptyQ.

11. INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks, and service marks (“Marks”) displayed on the Website are either owned by ProptyQ or used under license. All rights related to these Marks, whether statutory or otherwise, are the exclusive property of ProptyQ. Accessing this Website does not grant you any license or right to use these Marks in any form or manner, and such usage is strictly prohibited. Violating this prohibition would constitute an offense under the prevailing laws of India.

ProptyQ upholds the Intellectual Property Rights of all parties and complies with all applicable laws in India. ProptyQ will also respect the Intellectual Property Rights of users and third parties. In cases where a user is found to be using the Website to infringe upon the Intellectual Property Rights of others, ProptyQ reserves the right to promptly terminate the user’s account without prior notice.

12. DISCLAIMER OF WARRANTIES

All information and services provided by the company through the Website are presented “as is” and “as available,” without any warranty of any kind, whether expressed or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or arising from a course of dealing, usage, or trade practice. ProptyQ does not warrant that the services offered are free from errors or mistakes, nor does it guarantee that defects or limitations in the services will be corrected. Furthermore, there is no warranty or representation that the services will be continuously available, as certain extenuating circumstances may lead to service interruptions. ProptyQ does not provide remedies for such service interruptions and takes no responsibility for any data loss resulting from the use of the services.

ProptyQ shall not be held responsible for any type of damage (consequential, direct, incidental, hardware, software, or any other) due to the access, download, or usage of contents from the Website. The content on the Website may include inaccuracies or typographical errors and is subject to frequent updates for improvements and corrections without prior notice.

13. Whistleblowing

ProptyQ retains the authority to publish property details with your consent, as provided by you. In cases where your consent was not obtained, it is imperative that you promptly contact ProptyQ. Discussing such matters on public or social forums is prohibited, and legal penalties may apply if such actions are discovered. Any feedback pertaining to the correction of details must be communicated to ProptyQ without delay. You can reach out to ProptyQ through email at support@proptyq.com.

14. NO LIABILITY

Unless explicitly stated on any part of the Website, we are not directly involved in the actual transactions between buyers and sellers of goods or services, or any users posting information/listings on the Website. We have no control over the quality, safety, or legality of the items or services advertised, the truth or accuracy of the listings, the sellers’ ability to complete sales, or the buyers’ ability to purchase items offered on the Website. We cannot control whether sellers will fulfill the sale of items they offer, or if buyers will follow through with purchases. It’s important to be aware of the risks associated with dealing with individuals who may act with false pretenses. We strongly advise you to exercise caution when using the Website.

You acknowledge and agree that we do not guarantee the accuracy or legitimacy of any listing, leads, postings, or information provided by other users. Furthermore, we are not liable for any financial loss, damage to reputation, or any special, indirect, or consequential damages resulting from your use of the Website or any transactions involving the sale or purchase of goods and services with other users. ProptyQ assumes no liability to any third party or user for any content or listing posted by users on the Website.

ProptyQ retains the right, in accordance with reasonable commercial business practices, to remove all or any part of the properties and/or other goods and services posted on any part of the Website without prior notice.

15. INDEMNIFICATION

You agree to indemnify, defend, and protect ProptyQ, along with its officers, directors, employees, and agents, from any claims, costs, expenses, judgments, or other losses incurred as a result of your violation of the terms and conditions outlined in this Agreement.

16. LINKS TO THIRD PARTY SITES

The Website may provide links to other websites and access to content, products, and services offered by third parties, including users, advertisers, affiliates, and sponsors of the Website. You acknowledge and agree that ProptyQ is not accountable for the availability or accuracy of content, which may include, but is not limited to, opinions, advice, statements, and advertisements provided on third-party websites. You assume all risks associated with using such content and acting upon it. We encourage you to review the privacy policies and terms of use posted by the respective websites before using these third-party sites. ProptyQ is not liable for any losses or damages of any kind that you may incur through the use of content from third-party websites. Additionally, ProptyQ does not make any representations or warranties regarding the functionality of any third-party website. The inclusion of a link to a third-party website from the Website does not imply endorsement by ProptyQ of the website’s owner, its content, or its products or services.

17. GOVERNING LAW

By accessing the Website, you agree that the governing laws in all matters related to these Terms shall be the laws of India.

18. JURISDICTION

The exclusive jurisdiction for all matters related to these Terms, regardless of your location and access to the Website, lies with the courts in Gurugram, India.

Should you come across any listing or posting that you find offensive or in violation of our listing policy, or if you believe it infringes any intellectual property rights, please inform us by sending an email to support@proptyq.com. This will enable us to maintain the efficient and safe operation of the Website. We reserve the right to remove any posting, listing, or information, and may also limit or terminate our services. We will take reasonable technical and legal measures to prevent the misuse of the Website, in accordance with the letter and spirit of these Terms. If you encounter any issues while using our Website or services, please report them by sending an email to support@proptyq.com.

The information presented on this Website is derived from ProptyQ’s data, which is collected from various publicly known sources, including websites, documents, maps, and ProptyQ’s proprietary data resources. It may also incorporate inputs from unidentified individuals. This information should be viewed as a guideline and not as entirely definitive. While efforts have been made to ensure accuracy, no responsibility is accepted for the completeness or accuracy of the information, whether in part or in whole. This information is the exclusive property of ProptyQ. It should not be reproduced in any form, either in part or in its entirety, without prior written permission from ProptyQ. The information is provided on an “as is” and “as available” basis. ProptyQ explicitly disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

19. Privacy Policy

This privacy policy outlines our procedures for managing your personal information. We gather, utilize, and exchange personal information to facilitate the operation of the ProptyQ website, and to ensure its security (more information provided below). In formal terms, ProptyQ, acting on its own behalf and through its subsidiaries, serves as the “data controller” for your personal information.

Data Collection: Information posted on ProptyQ is publicly available. Hence, when you choose to provide us with personal information, you are giving your consent for the transfer and storage of that information on our servers. We collect and retain the following personal information:

Email address, physical contact information, and, depending on the service used, sometimes financial information.
Computer sign-on data, statistics related to page views, traffic to and from ProptyQ, and advertising data (all collected through cookies – you can take steps to disable cookies in your browser, although this may impact your ability to use the site).
Information about other apps installed on your device.
IMEI number.
Other details, including your IP address and standard web log information.

Use. We employ users’ personal information for the following purposes:

Furnishing our services.
Addressing disputes, collecting fees, and resolving issues.
Promoting secure transactions and enforcing our policies.
Personalizing users’ experiences, gauging interest in our services, and notifying users about services and updates.
Transmitting marketing and promotional offers to you.
Undertaking other actions for users as specified when we gather the information.

Disclosure:

We may, at times, be obliged to divulge users’ personal information to governmental or law enforcement agencies or our regulators, but we will only do so with proper authority.
ProptyQ also retains the right to employ personal information in any investigation or legal process related to fraudulent activities during the period in which ProptyQ retains such information.
Personal information may be disclosed to enforce our policies, respond to claims that a posting or other content violates the rights of others, or to protect the rights, property, or safety of anyone.
We may also share personal information with:

Corporate affiliates who assist in detecting or preventing potentially unlawful actions and providing joint services (our corporate affiliates will market only to users who request it).
Service providers who support our business operations.

Third-party vendors, including Google, use cookies to display advertisements based on a user’s previous visits to the website.
Google’s use of the DoubleClick cookie enables it and its partners to present ads to your users based on their visits to your site and/or other sites on the Internet.
Users have the option to opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings.

Using Information from ProptyQ: You are permitted to use personal information acquired from ProptyQ solely for the purpose of contacting another user regarding a specific posting. It is not permissible to employ this information for the purpose of sending spam, engaging in phishing activities, or collecting personal information from individuals who have not consented to such actions.

Access, Modification, and Deletion. You can view, edit, or delete your personal information by accessing your posting or account status page. To review any personal information not accessible on ProptyQ, please contact our customer support at support@proptyq.com. Some requests may incur charges, but these will not exceed the amounts allowed by law. We remove personal information when it is no longer required for the previously mentioned purposes. We retain personal information as allowed by law to resolve disputes, enforce our policies, and prevent unauthorized individuals from returning.

Data Security. We employ a variety of safeguards, including encryption, passwords, and physical security measures, to safeguard the security and integrity of your personal information against unauthorized access and disclosure. However, it’s important to note that no data transmission over the internet can be guaranteed to be entirely secure. While we make every effort to protect such information, we cannot guarantee or warrant the security of any data you transmit to us, and you do so at your own risk. Upon acquiring any personal information, we will take reasonable measures to prevent its misuse, loss, unauthorized access, modification, or disclosure.

Confidentiality of Information. Users who utilize any of the features on ProptyQ acknowledge and accept that ProptyQ has provided them with complete information that the use of these features may result in the publication of any personal information they have posted while using a specific feature on ProptyQ, to all ProptyQ users. Furthermore, users agree that the authenticity and consequences of posting their own or another person’s personal information are solely their responsibility. Users also acknowledge and accept that the terms of the Privacy Policy are applicable to the use of all features, both existing and new. However, users agree and accept that the confidentiality of information posted on such features has been waived by the users of those features themselves.

General. We reserve the right to update, enhance, or make modifications (in whole or in part) to this policy at any time, and these updates will become effective either when you make your next posting or after 30 days, whichever occurs sooner. In the event of a merger or acquisition involving us or our corporate affiliates, personal information may be shared with another company, but this policy will remain in effect. If you have any questions about this policy, please contact us at support@proptyq.com.

If you have any inquiries regarding the handling or usage of the information you’ve provided or ProptyQ’s Privacy Policy, please feel free to contact us via email at the provided email address or write to us at support@proptyq.com.