Last updated on 11-12-2017.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website domain, www.zapkey.com, and the [brand/ product/ trademark] Zapkey is owned and operated by Propstack Services Private Limited (“We”, “Us”, “Propstack”, “Company” or “Our”, which shall mean and include its affiliates, successors and assigns).
1. About Us
The Company is, inter alia, engaged in the business of providing data services in relation to all kinds of real estate properties in India through the Website.
2. Acceptance of Terms and General Use
- 2.3 The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Website as a Platform
- 3.1 This Website is a platform for reference and communication between the Company and the Users with respect to publicly available documents and information pertaining to real estate buildings and properties in the territory of India that is collected, aggregated and organised from third party sources including government authorities on an “as-is” and “as-available” basis and presented in a more easily accessible form without any modification/ amendment to the original data, without any warranties or representations of any kind.
- 3.2 Other than the publicly available documents and information that the Company has obtained from government authorities in compliance with the applicable laws in India, all other information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Website (collectively, the "Content") are proprietary to Propstack, and the same are protected by copyright and other Indian and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of information relating to real estate, which, by way of example, include information, text, photographic and other images and data contained therein (collectively, the "Information") and the proprietary algorithm, organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Website, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Propstack Data".
4. Permitted Usage and Account
- 4.1 To access the Propstack Data, Users are required to register, create an account (“Account”) and then log in to the Website. Users can also log in to the Website using their account with certain third party social networking services, such as Google or Facebook. Alternatively you can register by creating a profile on the Website with a username (Your e-mail ID) and password (“Log In Details”).
- 4.2 As and where provided in the Website, certain portions of the Propstack Data will be made available to a registered User only upon payment of a specified fee.
- 4.3 You shall be responsible for maintaining the confidentiality and security of the Log In Details and for all activities that occur in and through Your Account. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. You agree to electronically receive all notices, information, promotion material and any other data pertaining to Us to the e-mail address provided in your Account. You also understand and agree that We may send you additional e-mails regarding our other products and services including any promotional e-mails of third party products and services .
- 4.4 A User will have the ability to disable the connection between the Account and their social networking services account at any time, by accessing the "Settings" section of their Account. Additionally, If You wish to terminate Your Account, You may send an e-mail to Us at firstname.lastname@example.org requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account for various reasons including, if:
- You violate any of the Account terms listed above;
- There is prolonged inactivity in Your Account;
- You repeatedly upload content that infringes other people’s intellectual property rights or transact in goods with no title over such goods; and
- If We receive a report abuse report regarding Your Account from the other Users
- 4.5 The Company shall not be responsible for any illegal or any unauthorised use of Your Account and shall have no obligation whatsoever to inform you in the event of an unauthorised use of Your Account using Your Log In Details. A User will maintain the confidentiality of his Log In Details and must not share his Log In Details with any other person, nor may a User allow any other person to use or have access to his Log In Details. You agree to notify email@example.com immediately of any unauthorized use of any Log In Details or other breach of security.
- 4.6 Unauthorized attempts to:
- defeat or circumvent Log In Details or other security features,
- use the Website or the Propstack Data for other than intended purposes, or
- obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation
are not permitted and may result in a loss of access to the Propstack Data
Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of India or such other jurisdictions as may apply.
6. Prohibited Use
The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the purposes, including but not limited to, the following and You shall also not do or cause to do any of the following:
- 6.1 Copying, reproducing, duplicating, creating replicas, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Propstack Data contained on the Website, in whole or in part, without Our prior written consent, or
- 6.2 Licensing, sub-licensing, selling, assigning, transferring, distributing, permitting concurrent use of, or granting other rights in any Propstack Data provided on the Website to any third party, or
- 6.3 Download any Propstack Data unless You see a ‘download’ or similar link displayed on the Website by reference, or
- 6.4 Using any robot, spider or any other data mining technology or automatic or manual process to monitor, merge, decompile, disassemble, scrape, translate, decode, reverse engineer, decompile, cache, extract data from, copy or distribute the Content on the Website (except as may be a result of standard Internet browser or search engine), or
- 6.5 Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company without express written consent. User may not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company, or
- 6.6 Access or use any portion of the Propstack Data if you are a direct or indirect competitor of Propstack, nor shall you provide, disclose or transmit any portion of the Propstack Data to any direct or indirect competitor of Propstack (by way of example, a "direct or indirect competitor" of Propstack includes, but is not limited to, Internet listing services or other real estate information services and employees, independent contractors and agents of such services) unless You have a specific written consent from Propstack to perform such activities, or
- 6.7 Use or distribute any information from the Propstack Data, including information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product, or
- 6.8 Use, reproduce, publish or compile any portion of the Propstack Data for the purpose of selling or licensing any portion of the Propstack Data or making any portion of the Propstack Data publicly available;
- 6.9 Store, copy or export any portion of the Propstack Data into any database or other software, except as expressly set forth in the permitted usage above;
- 6.10 Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the Propstack Data, or use any portion of this Propstack Data in a manner, that:
- is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any applicable laws, intentionally or unintentionally, or is otherwise objectionable; or
- infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or
- constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation in India or any other jurisdiction, with limited exceptions as may be granted by the Company in writing; or
- contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Propstack Data or servers or networks connected thereto or the activities of other users of the Propstack Data or of any computer software or hardware or telecommunications equipment.
- 6. 11 Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Propstack Data; or
- 6.13 Misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (“Viruses”). You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
By breaching the provisions of this Clause 6, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
7. User Agreement
User agrees to the following:
- 7.1 User will use the Website for lawful purposes only and in accordance with permitted usage and comply with all applicable laws and regulations while using and transacting on the Website including obtaining such corporate, statutory or other approvals, consents and permissions as required to transact on the Website.
- 7.2 User will provide authentic and true information in all instances where such information is requested from the User. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation User details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Website, without prior intimation whatsoever.
- 7.3 User shall access the Website and transact at User’s sole risk and are using the User’s best and prudent judgment before entering into any transaction through this Website.
8. User undertakings
User agrees to the following:
- 8.1 You agree and undertake not to use or encourage, or permit others to use, the Website:
- for any misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable activities;
- to intimidate and/or harass another;
- to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- to do anything unlawful, misleading, malicious, or discriminatory;
- to do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
- to intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website;
- to disrupt or interfere with the security of, or otherwise cause harm to, the Website Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- to access the Website through means other than through the interface that is provided by the Company;
- to violate any applicable laws or regulations for the time being in force in or outside India; or
- 8.2 Any violation by You of this Section 8 may result in immediate suspension or termination of Your Account.
9. Personal Information
10. Changed Terms
11. Payment Terms, Restrictions and Accuracy of Account and Billing Information
You must be at least eighteen (18) years old and able to enter into legally binding contracts to use the payment services in the Website. By using the Website and the payment services therein you represent and warrant that you are eighteen (18) years or older.
If you are agreeing to these payments terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity
- 11.2 When you add a payment method to your Account, you may be asked to provide customary billing information such as name, billing address, and financial instrument information either to the third payment processor(s) on the Website. You must provide accurate, current, and complete information when adding a payment method, and it is your obligation to keep your payment method up-to-date at all times. For the purposes of making payments on the Website, payment methods will include third party payment gateways of your banks and credit card companies and e-wallet service providers
We will in no event record or store your payment related details like pin numbers and OTP (one time passcodes).
- 11.3 While we do not charge any payment processing fee. Please note that your payment service providers may charge you additional fees when processing payments. We will not be responsible for any such fees and we disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method.
- 11.4 You are solely responsible for the accuracy and completeness of your payment method. We are not responsible for any loss suffered by you as a result of incorrect payment method provided by you. However, if required, we will provide any reasonable assistance to you to secure any refund of your incorrect payments.
- 11.5 11.5 We reserve the right to refuse any Account opening request with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per client or per order. These restrictions may include orders placed under the same client account, the same credit card, and/or orders that use the same billing address. In the event that We make a change to or cancel a request, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the request was made. We reserve the right to limit or prohibit requests that, in our sole judgment, appear to be placed by Our competitors.
- 11.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
- 11.7 We reserve the right to refuse access to all or part of the Propstack Data to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by Users with Us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
12. Errors and Inaccuracies
- 12.1 Occasionally there may be information on the Website that contain typographical errors, and inaccuracies. These errors and inaccuracies arise since the source of information for Propstack Data may contain such errors and inaccuracies or may be incomplete or may be unclear since it may be in vernacular language. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel requests for any subscriptions, if any information is inaccurate at any time without prior notice (including after You have submitted Your order).
- 12.2 We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date on any related website, should be taken to indicate that all information on Website has been modified or updated.
- 12.3 If you are able to identify any inaccuracies in Propstack Data, we will appreciate your assistance in vetting such information. You may share with us your feedback and suggestions relating to such inaccuracies at firstname.lastname@example.org and we will correct it after our internal review process. You may refer to the FAQ section on our Website for more information on informing Us about the errors and inaccuracies.
All electronic communications and content presented and / or passed to Us, including that presented and / or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, the Company has the right to reject, at its sole discretion, from the Website any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.
14. Intellectual Property
- 14.2 The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company in future (collectively “Trademarks”). You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
- 14.3 All Trademarks, domain name, trade dress including the look, feel and design of the Website, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company
- 14.4 All third party trademarks advertised or displayed on the Website belong solely to the respective third party and We do not have any rights over such third party trademarks.
- 14.5 This Website is operated by and is the sole property of the Company. Any and all Material on this Website are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website. Modification of the Materials on the Website or use of the Materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
- 14.6 14.6 We respect the intellectual property rights of others, and We expect Our Users to do the same. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.
- 14.7 You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at email@example.com
15. Links to Third Party Websites
- 15.1 The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You do so at Your own risk. We do not in any way endorse the linked websites.
- 15.2 Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
- 16.2 Upon termination of Your Account or prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.
- 16.3 You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for termination of access to Website.
- 17.1 You agree that Your use of the Website shall be at Your sole risk.
- 17.2 To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Website and Your use thereof.
- 17.3 The Company excludes all conditions, terms or representations about the accuracy or completeness of this Website's Materials, Propstack Data or the content of any sites linked to this Website and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content,
- any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from Our Website
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website by any third party, and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted, or otherwise made available via the Website.
- 17.4 We make no express or implied warranties, guarantees or affirmations on the accuracy, completeness, validity, omission, consistency, or current applicability of the information presented in the Propstack Data or on the Website and we shall have no responsibility or liability whatsoever in relation to the same. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all data, analysis, opinions, advice, services and other information provided through the Website.
- 17.5 The Company does not warrant that the access to Website will be uninterrupted or error-free or that defects in Website will be corrected.
- 17.6 Users are strongly advised to independently verify the authenticity of any data and data analysis provided on the Website.
- 17.7 Where applicable, the Propstack Data and the Materials have been compiled by using our proprietary algorithms using publicly available information on an “as-available” basis from public information sources including government authorities. The Company does not in any manner whatsoever endorse or represent, expressly or impliedly, the authenticity and relevancy of the documents/ information dispensed through Propstack Data and the Materials.
- 17.8 The Company and/ or the Website does not in any manner endorse any real estate property or building/ projects or investment in any real estate projects, and Users dealing in any real estate projects listed on the Website shall be doing so entirely at their own expense, risk and responsibility.
- 17.9 We hereby expressly disclaim all warranties and representations of any kind with respect to any and all Materials and features available on the Website, including but not limited to: (a) warranties as to merchantability or use for a particular purpose whether or not the Company knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Company Materials or information derived from use of the Website.
- 17.10 The Company does not endorse or act on behalf of any third party. The details compiled and displayed here are for information purposes only and shall in no way be construed as an advertisement or an offer for sale from Us or any real estate developer, builder, contractor, or owner of real estate properties.
In the event You engage the services of / interact with any third party, through the Website, the Company will not be liable to You for any act or omission by such third party in relation thereto.
- 17.11 By presenting the Propstack Data, we do not create any favourable or unfavourable positions with respect to the quality, reputation, goodwill, profitability, standards etc of any real estate developer, builder, contractor, building, apartment, construction, etc. We may engage in advertising or showing any third party promotional content. You may also receive any advertisements and promotional content from such third parties via e-mail or other social media. You are advised to take note that We or Propstack Data make no representations with respect to such promotions and advertisements and in no way represent the validity or accuracy of such third party advertising or promotional content. We may also engage in advertising or showing promotional content relating to any builder/ project/ developer, the same is done only for a limited purpose of lead generation and other than that we or the Propstack Data do not make any representations with respect to compliances of any real estate developer, builder, contractor, building, apartment, construction, etc. with applicable laws including Real Estate (Regulation and Development) Act, 2016, (“RERA”) and its amendments or rules.
- 17.12 To the fullest extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive or consequential damages, incurred in connection with the Propstack Data on the Website, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance thereupon.
- 17.14 Your obligations under this clause shall be in perpetuity.
18. Limitation of Liability
- 18.1 User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the Website and Propstack Data provided on the Website, any information or/and services received or/and obtained or/and messages received or/and transactions entered into through or/and from the Website or/and resulting from unauthorized access to or/and alteration of User's transmissions or/and data or/and arising from any other matter relating to the Website, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
- 18.2 User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of the Website and/ or the User’s account on the Website, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
- 18.3 User agrees that Company shall not be responsible or liable to user, or anyone, for the statements/ information/ data provided by any third party or conduct of any third party. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
- 18.4 The Company takes no responsibility/liability whatsoever for shortage or non-fulfilment of the any request or access on the Website due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act, 1986 or any other Act/Rules, etc.
- 18.5 Company shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the User personally.
If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at firstname.lastname@example.org
20.Governing Law and Jurisdiction
22. No Waiver