This application added on a local device and distributed via cloud named [●] along with any pages or tabs therein (“App”) are owned and operated by Openhaus Technologies Private Limited (the “Company/we/us/our”).
1 User Agreement
1.1 Any person using this App being an Eligible Person (as defined below) (the “User”) shall be bound by the terms and conditions herein (“Terms of Use”). By visiting the App or using the App while visiting offices of the concerned developers or channel partners (“Openhaus Customers”) a User agrees to be bound by the Terms of Use as well as the privacy policy available on the App at [●] (“Privacy Policy”).
The Privacy Policy is deemed to be a part of the Terms of Use by reference thereto.
These Terms of Use together with the Privacy Policy on the App, will constitute a binding contract between the Company and the User or any other person as specified above accessing the App; and are applicable to the content and Services offered through the App. By using the App from any electronic device or even during visit to the offices of Openhaus Customers, you agree to abide by these Terms of Use and the Privacy Policy as amended from time to time.
Please read these Terms of Use and the Privacy Policy carefully before using or availing the services offered through the App. If you do not agree to abide by or be bound by these Terms of Use and the Privacy Policy, then in that event you should not use the App.
1.2 All information provided on the App is subject to the Terms of Use, the Privacy Policy and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of the App.
1.3 The words "we", "us", "our" including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Company, directors and management of the Company, the employees, affiliates, representative, sub-contractors, agents and associates of the Company and shall be deemed to mean and include the Company’s successors and assigns. Any references to the words "you" or "your" (as the case may be) shall mean and include the User.
1.4 You acknowledge and agree that you at your own free will agree to be bound by this User Agreement and the Privacy Policy posted on the App by virtue of registering yourself on the App or by agreeing to use the services provided on the App and by clicking on the box next to the statement stating that you have read and understood the Terms of Use, Privacy Policy and the Legal Disclaimers.
1.5 It is clarified that non usage of the App for any period of time will not amount to termination of contract under these Terms of Use unless expressly terminated, as provided on the App and under these Terms of Use. All the rights acquired by the Company prior to the termination of these Terms of Use shall continue to remain with the Company even after the termination of the Terms of Use or deletion of the profile or account of the User from the App.
1.6 The Company shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any User for any or all Services or this Terms of Use. Any such cases may be notified to the User as per the Company's discretion.
1.7 You hereby agree and undertake that you shall use the App strictly in accordance with these Terms of Use and the Privacy Policy. Without limiting the generality of the foregoing, you agree that you shall not use the App for any illegal or unauthorized purpose, in any manner whatsoever.
2 Competency to Contract
2.1 The use of the App and availing of Services is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he/she is subject (“Eligible Person(s)”).
2.2 In case the Services offered by the App are for and on behalf of a minor or a child or for any person who is not an Eligible Person, the App must be accessed or viewed by only the parents/ legal guardians who have to be competent to contract and act on behalf of such minor or child or person who is not an Eligible Person. Such parents/ legal guardians will be responsible for adhering to these Terms of Use and for the actions of the minor, child or the person not being an Eligible Person, on whose behalf he/ she accesses the App without any liability whatsoever on the Company.
3 Services provided through the App
3.1 The App is designed to be utilized as a platform enabling the Users to obtain services with respect to viewing 3D designs and view(s) of the flats and apartments which are to be sold by the Openhaus Customers (“Services”). The Services provided on the App include viewing of 3D plans and designs of the flats and apartments via the links made available on the App. It is clarified that there is no warranty provided that a particular plan or design would provide the results desired by the customers.
3.2 The Users who have checked the boxes during the sign-up/ subscription process to the App shall receive periodical update and information about the products and services provided by the Company from time to time. 3.3 The identified details of the customers, preferences of flats, floor, type, and preferences of choice of fixtures and furniture and other relevant details shall be specifically provided in the profile of such User appearing on the App. The Company may at its sole discretion modify the aforesaid categories of description or introduce new categories and forms of or discontinue any services without any advance notice to you.
4 Registration of the User
4.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Company decides to delete the User profile or debar the User from use of the App for any reason whatsoever, the User shall not directly or indirectly enroll with the App again.
4.2 In order to register on the App, a User shall be required to open an account with the App, for which he/ she may be required to provide information about themselves and for such purposes the User will also receive a two-factor authentication via OTP on their registered mobile numbers. We reserve the right, with respect to any such registration, to refuse to grant a User, for any other reason at the Company’s sole discretion.
4.3 By registering with the App, a User certifies and undertakes that all information provided by him/ her now, is and/or in the future will be true and accurate and also undertake to revise and update the information in a timely manner. The information provided by a User shall be governed by the Privacy Policy of the App. In the event a User provides information that is found to be or suspected to be untrue or inaccurate, we reserve the right to, in our sole discretion, suspend or terminate such User’s registration and block current or future access by such User to the App. We request you to keep your sensitive personal information [including the OTP generated/ sent to your registered mobile number] and other information provided by us by email or on our App strictly confidential.
4.4 The User shall not operate the App in any manner which will be prejudicial to or detrimental to the interests of the Company, any other User of the App or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorized activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libelous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorized use of the App shall immediately terminate the right of such User to use the App.
4.5 Notwithstanding anything that is stated in these Terms of Use or the Privacy Policy the Company may at its sole discretion and without assigning any reason whatsoever, de-register or debar or deny registration or access to any person from using the App or any part thereof.
5 Use of the App and Restrictions
5.1 You agree to provide the Company with any information or documents as may be requested by the Company or any other authority without any protest for the purpose of enabling the Company and/or authority to verify the accuracy of the information provided by you and conformity of your use of the App with these Terms of Use.
5.2 The Company does not guarantee the authenticity, utility or credibility of any information on the App, and shall not be responsible for any actions that the Users may take as a result of using the App.
5.3 No advice or information, whether oral or written, obtained from or through the Company will create any warranty not expressly made herein.
5.4 You acknowledge and agree that the Company shall not be responsible for any inherent risks of using the Services on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the likes. You agree that by using the App, you assume all associated risks of using the App on the internet.
5.5 You acknowledge and agree that the Company may retain and disclose your information that you provide if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that the Company deems fit.
5.6 Be aware that the Company does not undertake to pre-screen any information provided by you. However, the Company may periodically examine the information transmitted or received through the App and deal with or modify such information transmitted or received through the App as may be deemed necessary by the Company in accordance with reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Company.
5.7 The User shall be solely responsible for all information that is made available by them via the App and shall be liable for any injury, damage and consequences that may arise due to incorrect, wrong or malicious information. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any Services. The Company will not be liable to the User or any other person in any way for any costs or consequences caused due to availing the Services through the App including injuries and death.
5.8 You are expressly prohibited from soliciting or engaging in any illegal or immoral acts through the use of the App in any manner whatsoever.
5.9 You will not use any part of the App for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Company or not without the prior written consent of the Company, including, for example, inserting your own or a third party's advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website or application competing with the App into the App contents, materials or services, in any manner whatsoever.
5.10 The manner of arrangement, working, operation of the App, its graphics, displays, interactive platforms, windows as available on the App are the property and proprietary information of the Company and their operation, display shall be at the sole discretion of the Company.
5.11 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the App or any other records, computer, device, network, storage, system of the Company or any other of any other person (natural or artificial) through any means whatsoever.
5.12 The Company shall in its sole discretion be entitled to restrict/ limit the number of messages, emails to be sent to the User in order to ensure that the App is not misused for bulk/ spam messages in any manner whatsoever.
6 Debit/Credit Card, Bank Account Details
6.1 You agree that the debit/credit card details provided by you for use of the Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.
6.2 The User may pay his/ her application fees to the Company by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:
a) The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions.
b) The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate.
c) The User authorizes debit of the nominated card/ bank account for the payment of fees selected by such User along with the applicable fees.
d) The User is responsible to ensure that sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment.
7 Transaction Charges
7.1 The Company does not charge any processing fee or service charge from the Users for online payment. However, the Users have to bear the necessary transaction charge plus service tax applicable for online payment of application fees. This charge will be taken by e-payment solution provider for giving this service (“Payment Service Provider”). Charges are mentioned in the Company’s payment portal where User proceeds for online payment through an online payment gateway available on the App (“Payment Gateway”). [Note – Please confirm.]
8 Payment Gateway Disclaimer
8.1 The Service is provided in order to facilitate access to pay application fees online. The Company nor the Payment Service Provider do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the App for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.
8.2 The Payment Gateway shall access your Credit Information as your authorized representative and shall use the Credit Information for limited End Use Purpose consisting of and in relation to the services proposed to be availed by you from such Payment Gateway. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell or rent the Credit Information to any other person and the same cannot be copied or reproduced other than as agreed herein and in furtherance to the prevailing laws in India. The Parties agree to protect and keep confidential the Credit Information both online and offline.
8.3 The Credit Information shared by you, or received on by us on your behalf shall be destroyed, purged, erased promptly within 1 (one) Business Day of upon the completion of the transaction/ End Use Purpose for which the Credit Information report was procured. [Note – To be discussed.]
9 Refund and Cancellation Policy
9.1 Refund for Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach the Company with his/ her claim details and claim refund from the Company alone. Such refund (if any) shall be made only by the Company via Payment Gateway or such other means as the Company deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.
9.2 Refund for fraudulent/duplicate transaction(s): The User shall directly contact the Company for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by the Company alone in line with their policies and rules. [Note – Please let me know your thoughts.]
9.3 Server Slow Down/Session Timeout: In case the App or Payment Service Provider’s webpage, that is linked to the App, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:
a) In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact the Company via e-mail or any other mode of contact as provided by the Company to confirm payment.
b) In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.
10 Information on the App
10.1 Whilst every effort is made to update the information contained on the App, neither the Company nor any third party or data or content provider, if any, make any representations or warranties, whether express, implied, in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data, information posted by Users and/or content contained on the App (including but not limited to any information which may be provided by any third party or Openhaus Customers or data or content providers) (“Information”) and shall not be bound in any manner by any Information contained on the App. The Company reserves the right at any time to change or discontinue without notice, any aspect or feature of the App.
10.2 Information offered on the App is only for information purposes and shall not be construed as advice. A User relies on the Information contained on this App at his/her/its own risk. If the User finds an error or omission on the App it may inform the Company about the same. The Company may take into consideration such input by a User but is under no obligation to act on such input.
11 Intellectual property and proprietary information
11.1 The Company is legally entitled to use of trademarks, word marks, logos applied or registered in the name of the Company. The Company is the owner of the App, including but not limited to the, source code, object code, scripts, logos, design, graphics, button icons, arrangement and software. All content posted on the App is either owned by the Company or irrevocably assigned to the Company. The User is not entitled to use the name, trademarks, proprietary information, logos or the intellectual property of the Company in any manner whatsoever.
11.2 Nothing contained on the App should be construed as granting any license or right to any User, to use any intellectual property belonging either to the Company or third party service provider associated with App, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the App that is capable of being protected as intellectual property shall be the property of the Company and nothing contained therein should be construed as granting any license or right to the User to use any such material without the prior written permission of the Company.
11.3 The User agrees that they shall not, in any manner whatsoever –
● design, develop or engineer a website or application deceptively similar to the App;
● download, duplicate, copy, alter, modify any content or intellectual property on the App;
● publicize or use for commercial gain any content or intellectual property on the App;
● any content or intellectual property on the App; and
● Reverse engineer the App.
12 Pop-up - third party applications
12.1 There may be links contained on the App or pop-up advertisements to other applications/ websites/ web pages/blogs etc. which will give a User access to such other applications/websites/web pages/blogs etc. (“Linked Website”). The applications/ websites/ web pages/blogs etc. accessible by such Linked Website are not under the control of the Company. The Company has not reviewed, nor approved the content, services, material, other links etc. available on such Linked Website and shall not be held responsible in any manner whatsoever for any contents, services, other links etc. (or lack thereof) on any such applications/websites/web pages/blogs etc.
The inclusion of any such applications does not imply endorsement by the Company of such other Linked Website. When visiting such Linked Website, the User must refer to the external application/website's terms and conditions of use. No hypertext links/ links to third applications shall be created from any application/ website controlled by the User or otherwise to the App, without the express prior written permission of the Company. The User is to contact the Company if it would like to link to the App or would like to request a link to its application/website.
13 Disclaimers and Limitation of Liability
13.1 You acknowledge that the Services provided on the App. The Company does not assure or guarantee that they would necessarily be the exact copy or same in perception in reality when viewing the flats or apartments or any such premises.
13.2 The Users shall solely be responsible for any decisions made by them in regards Services and the plans and the steps taken by the User to follow these plans. The Company hereby states that any decisions regarding the purchase of the property should not be made solely on the basis of the information available on the App.
13.3 The Company shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use of the App, in any manner whatsoever (including death).
13.4 The Company shall endeavor to provide accurate and hassle free information to the Users of the App in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes cannot be guaranteed and you acknowledge that other data/information on the App could have errors or may not be up to date, for which the Company cannot be held accountable or liable at any time.
13.5 The Company may undertake maintenance of the App, undertake actions interrupting use of the App, upgrade software, repair technical issues, modify the App, deal with any other circumstances beyond the Company’s control, without any notification to the User. The User acknowledges and agrees that the a forestated circumstances may result in interruption of Services on the App. The User agrees to cooperate with the Company during such times.
13.6 The User agrees and understands that the Company shall not be held responsible, liable for the disruption of services or non-performance of the terms of these Terms of Use and Privacy Policy or the costs and consequences arising from disruption of services or the non-performance of the terms of these Terms of Use and Privacy Policy, owing to a force majeure event such as national emergency, war, riots, insurrections, acts of terrorism/ public enemies, pandemics, epidemics, civil disturbances, prohibitive governmental regulations or the orders of any judicial / legislative authority, strikes, lockouts or other industrial disturbances, fire, floods, lightning, violent winds, cyclones, severe rains, earthquake or other acts of God, hardware or software crashing or failures, or any other cause beyond the reasonable control of the Company that renders use of the App impossible.
13.7 The Company shall not be responsible or liable for any loss or deficiency of any services availed through the App. The Users shall use the App at their own risk.
13.8 In no event shall the Company be liable to the Users for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the App.
14 Limitation of Liability
14.1 THE WARRANTIES EXPRESSLY STATED IN THESE TERMS OF USE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY COMPANY. THERE ARE NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS OR GUARANTEE FOR A PARTICULAR PURPOSE. THE SERVICE AND COMPANY INFORMATION ARE PROVIDED TO USER ON AN "AS IS" AND "AS AVAILABLE" BASIS. USER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR USER'S PURPOSES.
14.2 In no event will the Company’s aggregate liability exceed [Rs. 10,000/-. In no event will the Company be liable in an action in negligence, contract, tort or based on a warranty or other legal theory, in any way to the User or any other person for any lost profits or revenues, loss of use, loss of data or costs of procurement of substitute goods, licenses or services or similar economic loss, or for any punitive, indirect, remote, exemplary, special, incidental, consequential or similar damages of any nature, whether foreseeable or not arising out of or resulting from these Terms of Use. The foregoing limitation applies to all causes of action in the aggregate including without limitation to breach of contract, breach of warranty, negligence, strict liability and any other torts.
15 Indemnity
15.1 You shall indemnify and hold safe harmless indemnified the Company, its directors, employees, affiliates, representative, sub-contractors, agents and associates of the Company from any and all claims and losses imposed on, incurred by or asserted as a result of or related to:
(i) your access and use of the App,
(ii) your breach of these Terms of Use / Privacy Policy;
(iii) your misrepresentation, negligence, misconduct, non-compliance or violation of any applicable laws, violation of a third party right;
(iv) any wrong or incorrect information provided by you to us, in any manner whatsoever.;.15.2 This indemnity shall survive the termination of these Terms of Use and Privacy Policy. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or members.
16 General
16.1 Entire Agreement.
These Terms of Use along with the Privacy Policy (“App Terms & Conditions”) constitute a record of the agreement between the User and the Company in relation to the User’s use of the App. Unless otherwise specifically stated, these App Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the User and the Company in respect of the User’s use of the App. These App Terms & Conditions are in addition to and are to be read in conjunction with any special terms and conditions that may be applicable to services availed of by a User.
16.2 Amendment
We may at any time as we think it is fit, change the terms and conditions of these Terms of Use and/or the Privacy Policy without advance notice to you. Your continued use of the App after such change in these Terms of Use and/or the Privacy Policy will mean and imply that you accept the new and/or modified terms and conditions of these Terms of Use and/or the Privacy Policy. Kindly re-visit the ‘Terms of Use’ link at our site from time to time to keep yourself familiarised with any changes that may be made to these Terms of Use or Privacy Policy to enable you to adhere to the same. It is clarified that any amendments or modifications to these App Terms & Conditions shall be effective immediately upon posting.
16.3 Conflict
If there is any conflict between the App Terms & Conditions and any other document, the App Terms & Conditions shall govern the arrangement between the User and the Company, whether such orders or other documents are prior to or subsequent to the App Terms & Conditions, or are signed or acknowledged by any partner, officer, employee, representative or agent of the Company, except for use of User Personal Data of Users, in which case the Privacy Policy shall prevail.
16.4 Waiver
Any delay, failure, forbearance or indulgence by the Company in exercising, enforcing at any time any of the provisions of the App Terms & Conditions shall not constitute or be construed to be a waiver of such provisions or of the right of the Company to enforce any such provisions. No single or partial exercise of any rights under the App Terms & Conditions shall preclude any other or further exercise of such rights or the exercise of any other rights under the App Terms & Conditions.
16.5 Severability
If any provision of the App Terms & Conditions or the application thereof become invalid or unenforceable, to any extent and for any reason including by reason of any applicable law, the remainder of the App Terms & Conditions and the application of such provision shall not be affected thereby, and each provision of the App Terms & Conditions shall be valid and enforceable to the fullest extent permitted by the applicable law. 16.6 Governing law and Jurisdiction and Dispute Resolution
All the App Terms & Conditions shall be governed by and construed in accordance with the laws of India. All disputes and differences between any User and the Company regarding the interpretation, scope or effect of any of the Company Terms & Conditions contained herein shall be referred to an arbitral tribunal consisting of a sole arbitrator appointed in accordance with the terms as may be mutually agreed between them. The language of proceedings shall be English and arbitration shall be held at Mumbai. The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996.Subject to the paragraph above, the User hereby consents to the exclusive jurisdiction of the courts of Mumbai, India in respect of any disputes arising in connection with the use of the App, the App Terms & Conditions or any other relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
16.7 Assignment
Any rights, benefits or obligations arising out of these App Terms and Conditions shall not be assigned by you to any person. Any such assignment shall be null and void. However, the Company may assign the terms of these App Terms and Conditions, in whole or in part, to any third-party at any point in time to any person at its sole discretion.
16.8 Contact Details
If the User
(i) has any questions, comments or concerns arising from the App Terms & Conditions;
(ii) desires to provide input on the Information on the App or the material provided by another User;
(iii) who desires to send in any requests/concerns/suggestions/feedback with respect to the App;
(iv) is desirous of discontinuing /cancelling his registration;
(v) the use of the App by another User; or
(vi) if the User wishes to lodge any complaints regarding the App for example misuse or abuse of the facilities/Services by another User, technical snag in the software etc., such User may write to or contact the Company at
For general questions/ support:
For Grievance:
Name: Prathit Kedia
Company: Openhaus Tech Private Limited
Address: Prestige Precinct, Almeida Road, Thane
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