Terms of Use Agreement

This website, www.propertyops.in, (hereinafter referred to as "PropertyOps") is owned, hosted and operated by Chrysalis Ventures Private Limited (hereinafter referred to as “Chrysalis”), a company incorporated in India under the Companies Act, 1956 and having its registered office at 401, Jaswanti Landmark, LBS Marg, Vikhroli (W), Mumbai 400 079.

The use of the PropertyOps and its services are subject to the following Terms of Use Agreement (TOU). By using this website, you acknowledge and agree to these TOU as set forth. If you do not wish to be bound by this TOU, please do not utilize the PropertyOps website and its Services.

Chrysalis reserves the right to update the TOU at any time without notice. Chrysalis may amend/modify these TOU at any time, and such modifications shall be effective immediately upon posting of the modified TOU on PropertyOps. Your continued access or use of PropertyOps shall be deemed conclusive proof of your acceptance of these TOU, as amended/modified from time to time.

You agree to accept, and to comply with the terms, conditions and notices, stated herein. If you have any questions about these terms, please contact info@propertyops.in


1. DEFINITIONS

1.1 Authorized User - The term 'authorized user' would include any person, whether an individual or a legal entity to whom the access is provided after registering in the site, using their email id, name and contact phone number. Only an authorised user has the right to access the services so offered by PropertyOps.

1.2 Unauthorized User - For the purposes of this agreement, any person who access the services without registration will fall within the definition of an 'unauthorised user' and will be subject to the terms of use agreement, and expressly so with respect to respecting the intellectual property rights of the provider.

1.3 User - The term 'User' would include both the authorised and unauthorised user(s).

1.4 Customer - The term 'Customer' would include both the authorised and unauthorised user(s).

1.5 Service - The terms 'service' or 'services' would mean to include all the online information offered by PropertyOps on the internet through which the user may access information carried by PropertyOps in the database maintained by it.

1.6 Owner Listed Property – The term owner listed property would mean that the property is listed by the owner of the property and any customers who would transact on the said property will not have to pay any brokerages or commissions to the owner or any other agent or representative of the owner.


2. DESCRIPTION OF SERVICE

2.1 PropertyOps and/or any other website(s) linked to this website is an online information and communications service provided to you regarding property and property related aspects.

2.2 PropertyOps also provides you information regarding furnished and serviced apartments, villas located in India.

2.3 The content of the pages of this website is for your general information and use only. The content is subject to change without notice. The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

2.4 Chrysalis may also suspend the operation of PropertyOps for support or technical upgrades, maintenance work, in order to update the content or for any other reason.

2.5 If you utilize PropertyOps in a manner inconsistent with these TOU, Chrysalis may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.


3. LISTING OF PROPERTY OR PROPERTIES

3.1 Any customer agrees to provide access to the employees or representatives of Chrysalis to their property that is to be listed in PropertyOps to take the pictures of the property and also to prepare the floor plan of the property.

3.2 Any customer agrees not to submit any property descriptions or information, photographs, financial, contact or other information to PropertyOps unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, to publish and advertise the said Property(s) on PropertyOps.

3.3 The customer shall disclose all material information in respect of all such property(s) to be listed including the present status and nature of such property. Chrysalis may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed and agrees to represent and warrant that all associated information provided will be accurate.

3.4 A customer shall further agree that he will not register to list a property on PropertyOps under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard.

3.5 Chrysalis may, at its sole discretion remove properties from PropertyOps that are alleged to have been listed in violation of this provision. Chrysalis will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who intentionally violates this Agreement. Chrysalis reserves the right to remove all or any part of the Properties posted on PropertyOps without notice.

3.6 Chrysalis shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on PropertyOps and Chrysalis shall have the right to modify the property listing in the exercise of its rights under this Agreement.

3.7 Chrysalis accepts no responsibility for checking/verifying the accuracy of documents, or information provided by the Customer. Customers, who are buying/renting property/properties through PropertyOps, must verify details of the property/properties as well as its right, title, ownership, lien etc. on their own and Chrysalis is not responsible for the authenticity of the information provided in PropertyOps.

3.8 If you utilize PropertyOps in a manner inconsistent with these TOU, Chrysalis may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.


4. UNLAWFUL OR PROHIBITED USE

4.1 As a condition of your use of PropertyOps you will not use the Services for purposes that is unlawful or prohibited by these terms, conditions, and notices.

4.2 You may not use the Services in any manner that could damage, disable, overburden, or impair any PropertyOps website, or interfere with any other party’s use and enjoyment of the Services, including but not limited to by submitting a virus of any kind to PropertyOps, overloading or crashing.

4.3 You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any PropertyOps server or to any of the Services, through hacking, password mining or any other means.

4.4 You may not Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from PropertyOps or link to PropertyOps, without our express written consent.

4.5 You may not use the services offered by PropertyOps to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited email spam or unsolicited commercial e-mail. Chrysalis reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by Chrysalis to relay emails. All attempts shall be made by Chrysalis and the user to abide by International Best Practices in containing and eliminating Spam.

4.6 Any violations of system or network security may result in civil or criminal liability.


5. USE OF INFORMATION

5.1 Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to PropertyOps. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of PropertyOps. PropertyOps does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk.

5.2 Customer shall limit access to and use of listings to personal and internal use.. Customers violating these specific terms, specifically those customers searching the Service in an abusive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.


6. INTELLECTUAL PROPERTY RIGHTS - COPYRIGHT and TRADEMARK NOTICES

6.1 All logos, brands, trade marks and service marks ("Marks") and other materials contained and appearing in PropertyOps are owned by or used under license by Chrysalis and / or its associates. The material includes, but is not limited to, the design, layout, look, appearance and graphics. All rights accruing from the same, statutory or otherwise wholly vest with Chrysalis / its Associates and is reserved. The access to this website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

6.2 Other product and company names mentioned on the site may be trademarks of their respective owners. All trademarks reproduced in this website which are not the property of, or licensed to, Chrysalis are presented only with the permission of the owners.

6.3 All photographs taken and the floor plan prepared by Chrysalis and their representatives of the property/properties that are registered to be listed in PropertyOps are solely owned by Chrysalis and all rights accruing from the same wholly vest with Chrysalis.

6.4 Chrysalis respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Chrysalis shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where user/users are found to be using PropertyOps as a platform to infringe the Intellectual Property Rights of others, Chrysalis will be free to terminate this agreement forthwith without any notice to the user.


7. LINKS TO THIRD PARTY WEB SITES

7.1 PropertyOps may provide links to other third-party World Wide Web sites or resources. Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Chrysalis makes no representations whatsoever about any other Web site you may access through PropertyOps.

7.2 Links to other sites are provided by PropertyOps as a convenience to its users. PropertyOps is not responsible for the materials contained at any website linked to this site.


8. LIMITS OF LIABILITY

8.1 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

8.2 Chrysalis will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. organizations or entities were intimated or advised of the possibility of such damages.

8.3 Chrysalis assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer's data/information. Chrysalis shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

8.4 Chrysalis makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code.

8.5 Chrysalis strives to ensure that information provided by the owners or agents that list their property for sale or rent, and also the accommodation providers that list their property for stay are accurate and properly displayed. Chrysalis only act as an intermediate between you and those owners/agents/service providers and cannot be held liable for any problems regarding ownership or information about the property, payment, booking, accommodation or similar.

8.6 In no event shall Chrysalis, it's agents, or anyone else who has been involved in the creation, production, or delivery of these pages in the website, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

8.7 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website


9. TERMINATION

9.1 Chrysalis may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to PropertyOps (or any part thereof) for any reason, including, without limitation, that Chrysalis based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these TOU.


10. INDEMNIFICATION

10.1 You alone are responsible for your actions or the actions of any person using your user name and/or password. You agree to defend, indemnify, and hold harmless, Chrysalis and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of PropertyOps material or your breach of these TOU.


11. PRIVACY POLICY

11.1 The user of PropertyOps is subject to Privacy Policy available through this link.


12. ARBITRATION

12.1 If any dispute arises between a user/users and Chrysalis arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Chrysalis. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.


13. SEVERABILITY OF PROVISIONS

13.1 THIS AGREEMENT between you and Chrysalis governs your use of PropertyOps. If any provision of these Website TOU or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the TOU.


14. WAIVER

14.1 The failure of Chrysalis to exercise or enforce any right or provision of the TOU shall not constitute a waiver of its right to enforce such right or provision subsequently.


15. GOVERNING LAW AND JURISDICTION

15.1 By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to PropertyOps as well as these TOU. Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to PropertyOps and these TOU, irrespective of the territory and jurisdiction of your access to PropertyOps.

15.2 If Chrysalis becomes aware of an inappropriate use of PropertyOps or any of its Services, Chrysalis will respond in any way that, in its sole discretion, Chrysalis deems appropriate. You acknowledge that Chrysalis will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Chrysalis will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.


16. VIOLATIONS

16.1 Please report any violations of these TOU to Chrysalis at info@PropertyOps.in