TERMS OF USE

Please read these Terms of Use (the “Agreement”) carefully. This is a legal Agreement between you and Cosmopolitan Proptech Consulting LLP and its affiliates (as applicable based on the Services), which include but are not limited to, ( “US”) governing your access and use of any website or mobile application provided by us, including www.cosmopolitanconsultingg.com or the mobile application (collectively, the “Services”). “You” and “your” mean both an individual using the Services and an entity if you are using the Services on behalf of, or for the benefit of an entity. The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.

By registering an account, clicking, or tapping any button or box marked “accept,” “agree” or “OK”, or by using the Services, you agree to this Agreement and any changes to it.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY ANY OTHER COURT PROCEEDINGS.

1. Effective Date.
The “Last Updated” shows when this Agreement was last changed. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services.

Subject to applicable data privacy laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required to use the Services.

2. License to Use the Services.
We grant you a limited, revocable, non-exclusive license to use the Services and we provide the Services for your personal use only, unless we agree otherwise. The Services, and all its elements, are owned by us. We retain all right, title, and interest in the Services, including all patent, copyright, trademark, and trade secret rights therein.

The Services may not work with all hardware or devices. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Services. The Services may include software applications that may make available additional products and services (these are collectively referred to as the “Apps”). You may be required to download or use specific software and Apps for certain components of the Services to function properly.

3. Registration; Usernames and Passwords; Communications.

You may have to register an account with us to use the Services. If you decide to register an account with us, you will provide us with your name, email address, username, password, and other registration information to create and access your account. We may reject, or require that you change, any username, password or other information that you provide to us in registering your account. Your username and password are for your personal use only and must be kept confidential. You are responsible for the security of your account and all actions associated with it. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Services account. You may not sell or otherwise transfer your account to another individual or entity without our prior written consent.

We may use telephonic or electronic means to communicate with you when you use the Services, send us emails, when we post a notice on the Services or send you emails, and to contact you about the Services or other related real estate products and/or services. You (a) consent to receive communications, including notifications, from us in an electronic form; (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in a hard copy writing; and (c) authorize us to contact you about the Services or other real estate products or related services at the telephone number and email address you provide, including communications using automated telephone dialling equipment, text messages, emails and/or artificial or pre-recorded voice messages.

4. Information Collected Through the Services.

With respect to the information, you provide to us through the Services, you promise that:

• You have and will comply with all laws applicable to any information you provide or access through the Services, including information that is uploaded or synchronized with the App for which you have given consent to use;
• Information you provide is and will remain accurate and complete, and you will maintain and update the information as needed; and
• You have all necessary rights and permissions to authorize the processing of such information under this Agreement.

By using our Services, you agree that we may automatically collect information from you and your device while you use our Services. This information includes any actions you take on our website or mobile application, including links visited, session details and duration, and what you type into our website or mobile application. Additionally, you agree that we may share the information we collect through the Services, including personally identifiable information. You also agree that we may collect, transmit, and process information collected by the Services consistent with our Privacy Policy located at https://www.cosmopolitanconsultingg.com/privacypolicy, as updated over time. 

5. Your Conduct. You must not:

• Use the Services in any way or for any purpose that is unlawful, violates any laws or regulations or our company policies and guidelines (including, but not limited to, Policies and Guidelines Manual) that applies to the dissemination of unsolicited emails to the use of telephone calls, text messages, artificial or pre-recorded messages, automatic telephone dialling systems, automatic dialling and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any other telemarketing or telephone solicitation or other commercial communication or to any other purpose that is fraudulent, or otherwise tortious.
• Post, transmit or make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Introduce any virus, worm, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
• Link, integrate, or provide access to the Services or related infrastructure without our prior explicit permission.
• Impersonate someone else in relation to your activities on the Services.
• Transmit any spam, chain letters or other unsolicited communications.
• Harvest or collect information about users of the Services.
• Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.
• Inhibit any other person from using the Services.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.
• Reverse engineer, decompile or disassemble any portion of the Services.
• Remove or alter any copyright, trademark or other proprietary rights notice from the Services.
• Frame or mirror any portion of the Services or incorporate any portion of the Services into any product or service.
• Systematically download or store Services content.
• Tamper with or circumvent any security technology associated with the Services.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.

We may monitor your use of the Services to determine compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use.

You agree to be solely responsible for becoming aware of understanding and complying with the most recent versions of all applicable laws, regulations and our policies that relate to your use of the Services.

You acknowledge that you are solely responsible for identifying, interpreting, understanding and complying with all applicable laws and regulations regarding your use of the Services, including selecting and engaging any legal counsel you may deem necessary to ensure compliance therewith.

NOTE: If you copy and paste an individual’s contact information (e.g. a phone number) from the Mobile App and insert such information into your mobile device for the purpose of communicating with that individual, you must comply with all applicable laws and regulations or any of our policies and guidelines (including, but not limited to, the Policies and Guidelines Manual) that apply to the dissemination of unsolicited email and faxes and to the use of telephone calls, text messages, artificial or pre-recorded messages, automatic telephone dialling systems, automatic dialling and announcing devices and any other communication to market services or to solicit listings or prospective buyers or to engage in any telemarketing or telephone solicitation or other commercial communication.

6. Feedback

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

7. Submissions.

Users may make available through the Services posts, blogs, reviews, comments or similar content (“Submissions”). For each Submission, you grant to us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyse and exploit such Submission (provided that our use and other processing of Personal Information as defined in the Privacy Policy does not violate the Privacy Policy), in any format or media.

8. Proprietary Rights.

We own the Services, which are protected by India and international intellectual property and proprietary rights and laws. Our trade names, trademarks and service marks include Cosmopolitan Consulting, CosCons any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information and materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information and materials without the express prior written consent of the owner.

9. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. LIMITATION OF LIABILITY.

NEITHER WE, NOR OUR AFFILIATES AND ANY RESPECTIVE PARTNERS, OFFICERS, CONSULTANTS, AFFILIATES, AGENTS, REPRESENTATIVES, AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnity.

You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys' fees and expenses) arising out of or relating to: (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this Agreement by you. 

12. Termination.

This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.

13. Governing Law; Dispute Resolution.

This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the India, and Courts of Delhi will have the exclusive jurisdiction, without regard to the principles of conflicts of law regardless of your location.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (“Dispute”).

14. Information or Complaints.

If you have a question or concern regarding the Services, please send an e-mail to info@cosmopolitanconsultingg.com. You may also contact us by calling us at (+91) 9667716584;9667726584. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us. 

15. Copyright Infringement Claims.

The Copyright Act 1957, provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Indian copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail, requesting that we remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the copyright authorities. Notices and counter-notices must be sent in writing to our Designated Agent as follows:
Cosmopolitan Proptech Consulting LLP

Legal Department
685, Office Tower Vegas Mall, Sector  14
Dwarka, New Delhi 110075
E-mail: info@cosmopolitanconsultingg.com
Telephone: (+91) 9667716584;9667726584

16. Miscellaneous.

This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You acknowledge and agree that, except as otherwise expressly provided in this Agreement, there will be no third-party beneficiaries to this Agreement. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addendum hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfil any obligation due to any cause beyond our reasonable control.