Refund & Cancellation Policy

This website thepropyard.com , including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces etc, , (hereinafter collectively referred to as “thepropyard”) is owned, hosted and operated by Digital Baba (hereinafter referred to as DIGITAL BABA), a company incorporated in India under the Companies Act, 1956 and having its registered office at PLOT NO. 301A, Floor-A-9, SUNCITY, VADLA FATAK, JUNAGADH, GUJARAT – 362205, INDIA. These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between thepropyard and the User (the “Agreement”).

thepropyard and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING thepropyard, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE thepropyard. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( legal@thepropyard.com )

DIGITAL BABA may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on thepropyard. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of thepropyard, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. DIGITAL BABA may also suspend the operation of thepropyard for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize thepropyard in a manner inconsistent with these terms and conditions, DIGITAL BABA 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.

Refund in case the user / subscriber is not happy with the platform

Though DIGITAL BABA payment reconciliation team works on a 24 x 7 basis, DIGITAL BABA offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. As soon as that specific user contacts us at https://www.thepropyard.com/Company-grievances/ or thepropyard@gmail.com, Our team will promptly contact the user / subscriber and will try to understand the issue regarding termination, once our team confirms their interest within next 12 hours we will initiate the refund on pro-rata basis (Calculating the time user / subscriber has used the platform and refunding the balance amount which is still pending in his / her account).

Refund in profile cancellation due to prohibited activities

Though DIGITAL BABA payment reconciliation team works on a 24 x 7 basis, DIGITAL BABA offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. As soon as the Profile is Terminated due to non-complaince of terms of using the platform, the refund will be initiated anywhere between 2 to 7 days soon after proper proof of non-compliance is been issued to the user.

Refund in failed transactions

Though DIGITAL BABA payment reconciliation team works on a 24 x 7 basis, DIGITAL BABA offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of thepropyard.

If you utilize thepropyard in a manner inconsistent with these terms and conditions, DIGITAL BABA 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.

RESTRICTIONS/ PROHIBITIONS

1. The following actions will inter alia constitute a misuse of thepropyard and are strictly prohibited:

1.     Utilising the Services offered by thepropyard in any manner so as to impair the interests and functioning of DIGITAL BABA/thepropyard and which is non-compliant with laws and regulations including RERDA.

2.     Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on thepropyard and/or any services or products of the DIGITAL BABA, in any manner or for any purpose which is not, consistent with in accordance with the Terms of Use.
Users are expressly prohibited from using or exploiting thepropyard and/or any content or data provided therein for:

1.     any commercial purposes such as creating alternate databases, extending access to thepropyard to third parties without prior written consent of the DIGITAL BABA; and/or

2.     undertaking any business activity which is in competition with the business of DIGITAL BABA; and/or

3.     Sharing access with persons who are not contracted with the DIGITAL BABA.

4.     Reselling the products/services offered by the DIGITAL BABA.

3.     (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from thepropyard;

4.     Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of thepropyard or any of the services or products offered on or through thepropyard which are not intended for you; (b) any server, website, program or computer systems of the DIGITAL BABA or any other third parties and/or Users;

5.     Modifying the services provided through thepropyard or their appearance using any technology or overlay any additional offering on top of such services or simulate thepropyard’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at Product@thepropyard.com

6.     Accessing thepropyard through interfaces other than those expressly provided by DIGITAL BABA;

7.     Attempting to breach or breaching any security or authentication measures set up by the DIGITAL BABA in relation to thepropyard and/or attempting to probe, scan or test the vulnerability of the DIGITAL BABA’s system or network;

8.     Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from thepropyard (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the DIGITAL BABA;

9.     Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;

10.   Circumventing or attempting to circumvent any technological protections used or employed by the DIGITAL BABA or by any third party in order to protect the content on thepropyard and/or to exclude robots, spiders etc. from crawling and /or scraping content from thepropyard.

11.   Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers

12.   Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of thepropyard or any computer networks connected to thepropyard, by any other User;

13.   Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from thepropyard without explicit consent obtained in writing by approach us at legal@thepropyard.com

14.   Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;

15.   Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;

16.   Stalking, threatening, or in any manner harassing any other User;

17.   Imposing an unreasonable or disproportionately large load on thepropyard’ infrastructure;

18.   Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of thepropyard (or any part thereof) and providing deep links into thepropyard (or any part thereof) without prior permission of DIGITAL BABA;

19.   Spamming thepropyard/DIGITAL BABA or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

20.   Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

1.     Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;

2.     Belongs to another person and to which you have no right;

3.     Infringes, breaches or otherwise contravenes the rights of the DIGITAL BABA or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;

4.     Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of thepropyard, or any other computer system or resource;

5.     Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;

6.     Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;

7.     That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

8.     That harms minors in any way;

9.     That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

You hereby expressly agree not to:

1. Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on thepropyard to any other system. No reproduction of any part of thepropyard may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or thepropyard, whether in hard copy or electronic format, including postings to any other thepropyard; or

2. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from thepropyard or link to thepropyard, without our express written consent.

Violations of system or network security may result in civil or criminal liability.

LINKS TO THIRD PARTY WEB SITES
thepropyard may provide links to other third-party World Wide Web sites or resources. DIGITAL BABA makes no representations whatsoever about any other Web site you may access through thepropyard.

DISCLAIMER AND WARRANTIES

thepropyard is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF thepropyard IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DIGITAL BABA AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF thepropyard.

Views expressed by the Users are their own, DIGITAL BABA does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. DIGITAL BABA does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

DIGITAL BABA offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to DIGITAL BABA/thepropyard are solely for the purposes of display of the property advertised.

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. DIGITAL BABA does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in DIGITAL BABA or any of its Affiliates. Further, nothing contained in thepropyard should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and DIGITAL BABA makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

thepropyard is controlled and operated from India and DIGITAL BABA makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use thepropyard from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

DIGITAL BABA offers products, Services, content and various other functionalities through thepropyard and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. DIGITAL BABA does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on thepropyard may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that DIGITAL BABA intends to announce, launch or provide such products, programs or Services in your country.

LIMITATION OF LIABILITY
DIGITAL BABA will not be liable for any damages of any kind arising out of or relating to the use or the inability to use thepropyard, 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.

DIGITAL BABA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User’s data/information. DIGITAL BABA 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 User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of DIGITAL BABA (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon DIGITAL BABA.

DIGITAL BABA will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to DIGITAL BABA to be placed on the website by technical or any other means is not the responsibility of DIGITAL BABA and DIGITAL BABA does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on thepropyard website or any of its other websites / domains owned and operated by DIGITAL BABA.

TERMINATION
DIGITAL BABA may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to thepropyard (or any part thereof) for any reason, including, without limitation, that DIGITAL BABA based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on thepropyard may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. 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, DIGITAL BABA 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 thepropyard material or your breach of these terms and conditions or any applicable law.

DIGITAL BABA will not be party to any legal proceedings between parties contracted through these Services. In case DIGITAL BABA is sought to implicated in any legal proceedings, costs will be recovered from the party that names DIGITAL BABA as a party to such proceedings. DIGITAL BABA shall abide with any court order served on it through due process.

PRIVACY POLICY

The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the user.

Terms of use for Users

  • When you indicate your interest in a Real Estate Listing or express interest in related services on thepropyard, you are sending your profile consisting of your personal details and application information including relevant documents to thepropyard, and you are requesting and authorizing thepropyard to make available such information contained in your response to the applicable Advertiser/seller(s) for such Real Estate Listing(s). You provide consent for your data to be provided to such Advertisers/service providers , who may further contact you over the phone/email/whatsapp etc. Please note that our privacy policy does not govern the use of your data by third parties once it is shared.
  • In addition, by using thepropyard, you agree that thepropyard is not responsible for the content of the Advertiser/seller’s/broker’s/builder’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
  • You consent to your application, documents and any responses sent to you by the Advertiser/seller or vice versa through thepropyard being processed and analyzed by thepropyard according to these terms of use and thepropyard’s Privacy Policy. thepropyard shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not. thepropyard may use your application materials (including public profile consisting of your personal details and responses to advertiser/seller’s questions) to determine whether you may be interested in a Real Estate Listing, and thepropyard may reach out to you about such Real Estate Listing.
  • Information you post in public areas of thepropyard sites or applications or make visible in your profile, may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While thepropyard takes measures to safeguard your information from unauthorized access or inappropriate use, thepropyard does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of thepropyard or application or to a public website.
  • Additionally, it shall be the sole responsibility of the user to ensure that it uses the ‘Opt-out’ options as it deems fit to debar / refuse access of the data fed by it, to dealers. Info Edge shall not be responsible for such insertions / data being accessed by its subscribers or users whose access has not been specifically blocked /debarred by the user while using the privacy settings.
  • In order to use thepropyard, you may sign in using your Facebook/Google login. If you do so, you authorize us to access and use certain Facebook/Google account information, including but not limited to your public Facebook profile and posts. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.

Terms of conditions specific for dealers/ builders/ banks/Payment Gateways

  • You will comply with all applicable Data Protection Laws in relation to the Processing of personal data; and not process personal data which is irrelevant, in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
  • You shall implement adequate technical and organizational controls to protect the shared personal data obtained from thepropyard against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
  • You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable the privacy law as applicable) in an expeditious and compliant manner
  • You agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared
  • You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from thepropyard to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
  • You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.

ARBITRATION
If any dispute arises between a user/users and DIGITAL BABA arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by DIGITAL BABA. 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.

SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and DIGITAL BABA governs your use of thepropyard. If any provision of these thepropyard terms and conditions 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 terms and conditions.

WAIVER
The failure of DIGITAL BABA to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

GOVERNING LAW
By accessing thepropyard you agree that the laws prevailing in India shall be the governing laws in all matters relating to thepropyard as well as these terms and conditions.

JURISDICTION
Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to thepropyard and these terms and conditions, irrespective of the territory and jurisdiction of your access to thepropyard.

DIGITAL BABA does not routinely monitor your postings to the web site but reserves the right to do so. However, if DIGITAL BABA becomes aware of an inappropriate use of thepropyard or any of its Services, DIGITAL BABA will respond in any way that, in its sole discretion, DIGITAL BABA deems appropriate. You acknowledge that DIGITAL BABA 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, DIGITAL BABA will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

DIGITAL BABA reserves all other rights.

GRIEVANCES

In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints via our grievance portal located at:

https://www.thepropyard.com/Company-grievances/

AMENDMENT

Please report any violations of these terms and conditions to DIGITAL BABA at legal@thepropyard.com

Effective from: 10th July 2022

 

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