Terms of Use

Introduction:

Real Home Consultant provides the Propcritics website, mobile application (‘App’) and other online products and services (‘Propcritics’). By registering or installing the App or using or accessing any service through the website or the App, you agree to all terms and conditions (‘Terms’) contained herein. The Terms constitute a legally binding agreement between and governs your use of the App and the website and the information, offers, services, features, content and other material offered through by us. By way of these Terms, you agree, acknowledge and consent to Rate your Builder Project or Start a Real Estate Discussion which shall be compliant not only with these Terms but with the Community Guidelines of Propcritics.

We reserve the right, at our sole discretion, to change or modify the Terms at any time. Your continued use of the App or any of the services after any such change constitutes your acceptance of the new Terms. You agree that you are solely responsible for any breach of your obligations under these Terms and for any of the consequences that follow, including any loss or damage suffered by Propcritics.

About Propcritics:

Propcritics is a ratings & reviews, informative and knowledge sharing platform to express yourself and interact with other users interested in Real Estate market. The content is provided by users like you and Propcritics is not responsible for such content and therefore, it becomes important for you to follow our Community Guidelines so that Propcritics is not misused or abused and it can become a safe & informative place for everyone. The content on the Website & App is provided by users like you and Propcritics is not responsible for such content posted by you and/or other users. Propcritics allows you to even post reviews and in that view, it is imperative upon you to not post any illegal, harmful, obscene, or defamatory content. All your posts must conform to the Community Guidelines of Propcritics. If any post is reported to us, the same shall be taken down immediately and consequences as set out hereinafter shall follow. It is made expressly clear and it is agreed that Propcritics shall not be liable for any action/consequence arising out of your content/user content. Propcritics is an intermediary and is entitled to the immunity granted to intermediaries under the Information Technology Act, 2000 and other relevant laws.

Consent and Acceptance:

By using or accessing our App or any of the services offered, you agree and accept these Terms. You agree to review, post and share ratings and reviews (as described hereinafter) in accordance with these Terms and the Community Guidelines. By using, or accessing the Website & App, you also agree and consent to other users replying to your reviews and discussions subject however to adherence to these Terms and the Community Guidelines.

If you do not agree to the Terms, then you should not access or use the Website & App or the services provided by Propcritics.

Registration:

In order to access the services on the Website & App, you are required to register with Propcritics and provide true, accurate, current and complete information about you and/or your organization as required. You are also required to maintain and promptly update any registration information that you have provided to keep the information true, accurate, current and complete.

The data disclosed at the time of registration is governed by our Privacy Policy. If you are under the age of 18, you may access the Website & App and the services only with the approval of your parent or guardian.

User Account, Password and Security:


You are responsible for maintaining the confidentiality of your account and password, and are fully responsible for any activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Propcritics shall not be liable for any loss or damage arising from your failure to comply with this clause.

Upon installing and registering on the Propcritics Website & App, you shall be required to verify your mobile number through the One Time Password (OTP) which will be sent on your registered mobile number. This verification is mandatory and unless completed, no services on the Propcritics App shall be made available to you.

Ratings Mechanism:

It is here stated that user has to be directly or indirectly associated at present or has been associated in past with builder and project for rating and writing reviews. Either user close relatives being associated with a particular builder and project can rate and write reviews on their behalf taking their consent. Propcritics will not be responsible for any fake ratings & reviews by user for not being directly or indirectly associated with the builder and projects.

Any rating or review meant to defame any builder and project by any one is subject to be answerable on objections raised by any entity in concern. The user will have to present proof of association like builder buyer agreement, rent agreement or any other proof of certification that makes the user genuine for rating or writing reviews.

The discussion portal has no such mandatory conditions as above and topics can be discussed in good faith by bot using any obscene language.

When you install | browse and register with Propcritics, you are required to rate a builder project i.e. “Rate your Property”. To rate the Builder Project | Society | Residential or commercial project, you should be a resident or tenant of that particular rated project or had stayed in past or has booked in under construction project or indirectly associated with Builder property which allows you to rate and write reviews.


It is made clear however that Propcritics shall not be responsible or liable in any manner whatsoever for any Ratings & Reviews created by a user.

Propcritics also keep updating on Real Estate Developments and it is only for the purpose of information sharing to users. No where any such updates can be claimed as Propcritics property or product, it is however upto the users to read any such updates and act accordingly as per their wish and concern.

User Content:

Propcritics allows you to list projects which are not listed on propcritics website and App and any such listings shall be subject to Propcritics approval. User in no circumstances can claim the listed project request approved or not approved. You agree not to post, store, create or otherwise publish or send through the App or website any User Content that violates our Community Guidelines, which we may update from time to time. Propcritics has the right to delete or remove any User Content that is in violation of these Terms or the Community Guidelines or for any other reason.

You must only post User Content if (a) it is non-confidential; (b) you have all necessary rights to post such content; (c) it is accurate and not misleading or harmful in any manner; and (d) it does not and will not violate these Terms or any applicable law, rule or regulation.

If you submit or post User Content to the on the App or the website, you grant Propcritics a non-exclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your User Content in any media (now known or later developed), including in connection with Propcritics’s marketing and promotional activities. You agree that this license includes Propcritics’s right to make User Content available to other companies, organizations or individuals as may be required.


You understand that User Content may be displayed publicly. Propcritics does not control, take responsibility for or assume liability for any User Content or any loss or damage related to User Content. Propcritics has the right, but not the obligation, to screen users and the user content.

Appropriate Use:

You agree that your use of the App or the website will not violate any law, contract, intellectual property or other third-party right or constitute a tort or crime, and that you are solely responsible for your conduct while on the App or the website and you use the same at your own risk.

Propcritics is a ratings & reviews, informative and knowledge sharing platform to express yourself and interact with other users interested in Real Estate market.. Keeping this in mind, it imperative to make Propcritics a safe and friendly environment and to ensure this you agrees not to:

  1. use the App or the website in any manner that can or will inhibit other users from fully enjoying the App or the website or that could damage or impair the functioning of the App or the website;
  2. engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
  3. post mustn't post any insults, obscene statements or pornographic content or any other content that may offend human dignity or builder or construction company;
  4. post any misleading, harassing, threatening, defamatory or tormenting content;
  5. post any illegal content or content that may encourage conduct that would be considered a criminal offence. Photos with weapons are not allowed;
  6. send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the App or the website for the purpose of sending commercial messages;
  7. attempt to reverse engineer any aspect of the App or the websiteand/or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the App or the website;
  8. use or attempt to use another’s account without authorization from such user;

develop any third-party application that interacts with the App or the website without Propcritics’s express permission;

use any automated means or interface not provided by Propcritics to access the App or the services;

use the App or the website for anything other than their intended purpose or in a way that violates the Community Guidelines.

You are required to report in a timely manner any detrimental or illegal content found on Propcritics by clicking the 'Contact Us' button. If Propcritics considers your complaint to be justified, any offending content will be removed (text, images, information or data) as soon as possible. Illegal activities can be reported to the proper authorities. Propcritics has the right to delete any user content if the same does not comply with the Terms or the Community Guidelines or is harmful to any third party.

Notifications and Messaging:

You consent to Propcritics providing you with important notices on the App, the website, via email and text messaging.The contact information you provide must be accurate. You agree that Propcritics may communicate with you through your registered account or through other means including email, mobile number or telephone. Please review your Contact Us | Settings to control what kind of messages you receive from Propcritics.

Propcritics provides a platform for users to rate builder projects and interact with one another. The App also enables you to write reviews and share the same on social networking platforms, through the Website & App and text message, to another user or third party. You are solely responsible for your interactions with others and Propcritics has no responsibility or liability whatsoever with respect to any online or offline interactions. Your interaction however should be constructive in nature and should not be obscene or abusive in nature. The recipient of such message will have the option to either respond to your message via the App or request you to disclose your identity or delete and block your access altogether immediately. You agree to take reasonable precautions when you interact with other members, particularly if you decide to meet offline or in person and Propcritics shall not be liable in any manner whatsoever. If any message, whether anonymous or otherwise, is offensive and in violation of these Terms, you may report abuse and Propcritics shall take appropriate action, if so required.

Liability:

As stated earlier, Propcritics is a ratings & reviews, informative and knowledge sharing platform to express yourself and interact with other users interested in Real Estate market.. Propcritics is merely a platform and an intermediary which allows its users to use the platform to express themselves and post user content. The user content is provided/posted by the users and Propcritics cannot be held responsible in any manner whatsoever for any behaviour of its users or if the platform is misused by a user.

By using, or accessing the Website & App, you agree and consent to rate builder projects on various parameters posted by Propcritics and Start a Discussion subject however to adherence to these Terms and the Community Guidelines.

In no event shall Propcritics be liable in any manner whatsoever for any direct, indirect or consequential injury, harm or damagecaused to due to the user content. Propcritics shall not be liable for any action arising out of or relating to the conduct of the users or anyone else in connection with the use of the App or thewebsite.The concerned user and/or third party shall be solely liable.

You agree to indemnify Propcritics against all third party claims (including legal fees paid on our behalf) arising from and/or relating to your use of the App or thewebsite, information and/or other material posted on the App or the website and/or arising from or due to any breach of contract.

Fees:

You acknowledge that Propcritics reserves the right to charge for any portion of the services available on the App or the website and to change its fees (if any) from time to time at its sole discretion. You agree to pay all fees when due in accordance with the Terms.

In App & Website Purchases:
Using the Propcritics Website & App, you can purchase of Property Eye Opener which is into consulting and Advisory services by latching on propertyeyeopener.com.

Modifications to the Service:

We reserve the right to modify or discontinue, temporarily or permanently, any of the services available on the App (or any part thereof) with or without notice. You agree that Propcritics shall not be liable to you or to any third party for any discontinuance, modification or suspension of the said services.

Your representation and warranties:

You represent and warrant to Propcritics that your access and use of the services on our App will be in accordance with these Terms, the Community Guidelines and with all applicable laws, rules and regulations in force in India and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding transmission of data or information.

You agree and acknowledge that our services will be limited to your personal use and all other uses, including commercial use, shall be prohibited. You shall not advertise, sell, solicit or exploit in any other manner our App or the services provided therein. You also agree that you shall not decompile, reverse engineer or disassemble the contents of the App or any of the services offered or misuse, infringe or violate any copyright or trademark that vest with Propcritics.

Intellectual Property& Proprietary Rights:

All information, content and material, including the software, text, images, graphics, video and audio, contained in the App and the services contained therein, except User Content, are the proprietary property of Propcritics. No such information or content shall be copied, downloaded, reproduced, modified, displayed, republished, uploaded, framed, posted, transmitted or distributed in any manner without obtaining prior written consent from Propcritics. You shall not use any data mining, robots, and scraping or similardata gathering or extraction methods to obtain the services on the App.

The trademark “Propcritics” and all other trademark, trade names and service marksused in connection with the Website & App and its services are the marks of Propcritics. Theaccess to the Website & App does not entitle or grant you the right or license to reproduce or otherwise use the Propcritics trademark, trade name or service mark or any graphic orlogo connected therewith. You may own the medium/device on which the information,content or material resides but Propcritics shall retain full and complete title to theinformation, content or materials and all intellectual property rights therein.

Privacy:

The Privacy Policy, which forms part of these Terms, can be accessed at website home page and in front page of Website and App..

Limitation of Liability:

You assume all risk arising from your use of the App or the website, including but not limited to all of the risks associated with any online or offline interactions with other users. You agree to take any and all necessary precautions when interacting with other users.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROPCRITICSBE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE SERVICE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT RESULT FROM THE ONLINE OR OFFLINE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION BODILY INJURY, DEATH OR PROPERTY DAMAGE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR USER CONTENT, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PROPCRITICS’S RECORDS, PROGRAMS OR SERVICES.

Governing Law and Jurisdiction:

Any dispute, difference or issue arising from or in relation to these Terms shall be governed by the laws of India and the courts in New Delhi shall have exclusive jurisdiction for adjudication thereof.

Revisions of these Terms:
We reserve the right to revise these Terms at our sole discretion at any time. Any revisions to these Terms will be effective immediately upon publication. For any material changes to these Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the App or the services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Termination:

You agree that Propcritics in its sole discretion may suspend or terminate your account (or any part thereof) or use of the App or any service and remove and discard any content within the App, for any reason, including, without limitation. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the App, may be referred to appropriate law enforcement authorities. Propcritics may also in its sole discretion and at any time discontinue providing services, or any part thereof, with or without notice. You agree that any termination of your access to the App under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Propcritics may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or any service. Further, you agree that Propcritics shall not be liable to you or any third-party for any termination of your access to the App.

General:
These Terms constitute the entire agreement between you and Propcritics and govern your use of the App and the services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last updated: 1st Feb 2019