Terms of Use

INTRODUCTION

These terms of service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Indian REIT Association and /or its affiliates (“IRA”, or “we”, or “us”, or “our” ) governing your access to and use of the www.indianreitsassociation.com (“Website.”)

You may not use the Website if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk.

ACCESS TO THE WEBSITE AND SECURITY

We endeavour to make the Website available to you at all times. However, we do not represent that the access to the Website shall be uninterrupted, timely, error-free, free of viruses or other harmful components, or that such defects will be corrected.

We do not warrant that the Website will be compatible with all the hardware and software which you may use. Further, we shall not be liable for any damage to any equipment, software, data or other property as a result of your access to, or use of the Website. We shall also not be liable for the actions of third parties.

We do not represent or warrant that the information available on the Website shall be correct, accurate or otherwise reliable.

The Website may contain links to third-party websites or resources. Kindly note that we are not responsible for the content, terms and conditions, or the privacy practices of these third-party websites and services which may be linked on our Website. Further, IRA does not endorse or make any representations about such third-party websites or services. We, thus, strongly encourage you to read such third parties’ privacy policies.

Additionally, IRA does not guarantee the continuous and uninterrupted availability and accessibility of the Website due to the dynamic nature of the internet. Thus, IRA may restrict the availability of the Website or certain features thereof, for the purpose of security or integrity of IRA’s servers or to carry out maintenance measures to ensure the proper functioning of the Website.

MODIFICATION OF THESE TERMS

IRA reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Website.

TERMINATION OF USER’S ACCESS

We may deny you access to the Website in our sole discretion for any reason or no reason, including, but not limited to your violation of these Terms. You agree that any termination of your access to the Website may be effected without prior notice, and further acknowledge.

If you use the Website in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Website. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Website.

RESTRICTIONS ON USE

Without limiting the generality of these Terms, in using the Website, you specifically agree not to engage in any activity that, in our sole discretion:
  • Violates our guidelines and policies;
  • There is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise invasive of others’ privacy;
  • Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
  • Accuses others of illegal activity, or describes physical confrontations;
  • Is illegal, or violates any central , state, or local laws or regulations ;
  • Attempts to impersonate another person or entity;
  • Falsely states, misrepresents, or conceals your affiliation with another person or entity;
  • Accesses or uses the account of another user without permission;
  • Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
  • Interferes with, disrupts, or destroys the functionality or use of any features of the Website or the servers or networks connected to the Website;
  • “Hacks” our proprietary or confidential records;
  • Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Website ;
  • Removes, circumvents, disables, damages or otherwise interfere with security-related features, or features that enforce limitations on use of, the Website;
  • Collects, accesses, or stores personal information about other users of the Website;
  • Is posted by a bot;
  • Harms minors in any way;
  • Threatens the unity, integrity, security or sovereignty of India, or friendly relations with foreign states, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence ;
  • Attempts any of the foregoing.
You acknowledge that IRA has no obligation to monitor your access to, or use of the Website. However, we have the right to do so to operate and improve the Website (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), and to ensure your compliance with the Terms.

INTELLECTUAL PROPERTY RIGHTS

“Content” will include (but is not limited to) images, photos, audio, video, location data, nearby places, and all other forms of information or data. “Your Content” or “User Content” shall mean content that you upload, share or transmit to, through or in connection with the Website, such as images, photos, messages, information, and any other materials. “IRA Content” refers to the content that IRA creates and make available in connection with the Website including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, software, aggregate ratings, reports and other usage-related data in connection with activities associated with Your Content and Third Party Content. “Third Party Content” shall refer to the content that comes from parties other than IRA and is available on the Website.

Kindly note that we are the sole and exclusive copyright owners of the IRA Content.

You are responsible for Your Content. You represent and warrant that : i) you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; ii) Your Content was not copied from or based in whole or in part on any other content, work, or website; iii) Your Content was not submitted via the use of an automated process such as a script bot; iv) use of Your Content by us, third-party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate any applicable law.

By submitting Your Content, you hereby irrevocably grant IRA a perpetual, irrevocable, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content, and all IP Rights therein for any purpose. By “use” we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content.

DISCLAIMER OF WARRANTIES

You acknowledge and agree that Website are provided on an “as is” and “as available” basis and that your use of the Website shall be at your sole risk. To the fullest extent permitted by applicable law, IRA, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors (“IRA Parties”) disclaim all warranties, express or implied, in connection with the Website and your use of them.

To the fullest extent permitted by applicable law, the IRA Parties make no warranties or representations regarding the Website including that the information / services on the Website will be provided with due skill, care and diligence , or about the accuracy or completeness of the content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party.

Any material downloaded or otherwise obtained through the Website is done at your discretion and risk, and you will be solely responsible for any damage to your device or loss of data that results from the download of any such material.

You agree that in using the Website, you will not use any trademark, service mark, trade name, the logo of any company or organisation in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless IRA and/or its affiliates from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Website; (iii) your access to , and use of the Website; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party.

We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.

You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event shall the IRA Parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, and/or (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website , and/or (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or (iv) any interruption or cessation of transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to , or through the services by any third party, viii) the disclosure of information pursuant to these Terms or our privacy policy, and/or (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website, and/or delay or failure in performance resulting from causes beyond IRA’s reasonable control.

In no event shall the IRA Parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

GOVERNING LAW

The Terms shall be governed by the laws of India. The Courts of law at Mumbai shall have exclusive jurisdiction over any disputes arising under this Agreement.

GENERAL PROVISIONS

Except as additional terms and conditions may supplement them, policies, guidelines or standards, these Terms constitute the entire Agreement between IRA and you pertaining to the subject matter hereof.

No joint venture, partnership, employment, or agency relationship exists between you and IRA as a result of this Agreement or your use of the Website.

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

IRA’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without IRA’s prior written consent. IRA may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

GRIEVANCE REDRESSAL MECHANISM

IRA shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Website.

We respect the intellectual property rights of others and require those that use the Website to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Website that infringes upon the copyright rights of others. We may also, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

If you believe that your copyright has been or is being infringed upon by material found on the Website, you are required to write to us on the following address:

ira@indianreitsassociation.com