Terms of Use

EMBASSY OFFICE PARKS MANAGEMENT SERVICES PRIVATE LIMITED
TERMS OF USE

1. General

Welcome to the official website of Embassy Office Parks Management Services Private Limited available at https://www.embassyofficeparks.com/ (“Website”). This Website is owned and operated by Embassy Office Parks Management Services Private Limited, whose registered office is at Royal Oaks, Embassy Golflinks Business Park, Off Intermediate Ring Road, Bengaluru 560 071, Karnataka, India and may be used or accessed for informational purposes only.

For the purpose of these terms of use (“Terms of Use”), “We”, “Us”, “Our” and “Embassy” means Embassy Office Parks Management Services Private Limited and “You”, “Your” or “User” means any person who accesses or uses the Website or Our Services.

This Terms of Use is a legal and binding agreement between You and Embassy and governs Your use of, and access to, the Website, and Our Services. This document is made in pursuance of the Information Technology Act, 2000 and associated rules and is an electronic record generated by a computer system. It does not require any physical or digital signature for the purpose of acceptance.

By accessing or using the Website, You agree to be bound by these Terms of Use and Our other policies made available on the Website, including but not limited to the Privacy Policy (“Policies”). Please read the Terms of Use and Our other Policies before doing so. If You do not agree to either this Terms of Use or any of Our Policies, please do not use or access the Website.

Your acceptance of these Terms of Use implies that You have the capacity to enter into a legally binding contract as per applicable law of the jurisdiction in which You are accessing the Website.

Please review these Terms of Use from time to time. We reserve the right to amend and/or modify all or any of the Terms of Use at Our sole discretion without notice. These amendments and/or modifications shall become effective immediately upon being published on the Website. Your continued use of the Website and/or the Services following any such amendment and/or modification indicates Your acceptance of the same.

2. Our Services

  • Our Website allows You to access information about Our services, projects, initiatives and products, make enquiries and view the pictures and videos in relation to the same, (collectively referred to as “Services”).
  • Our Website also allows You to subscribe to Our newsletters and press releases, for which You will be required to provide Us with Your email address.
  • You may also reach out to Us by providing Your personal information on the ‘Contact Us’ section of Our Website. In such an event, You will be required to provide Your name, phone number and email address.
  • In the event You have registered Yourself on the National Do Not Call Registry, or any similar list, You are requested to ensure that Your registrations permit Us to contact You using the information provided by You.

By agreeing to use Our Services:

  • You agree that You are eighteen (18) years of age or above, or the age of majority in the jurisdiction from where You are accessing the Website. Your acceptance of these Terms of Use implies that You have the capacity to enter into a legally binding contract as per applicable law, in particular, the Indian Contract Act, 1872;
  • Our Services are designed to be compliant with the laws of India however, Our Services may be made available in jurisdictions outside India at Our sole discretion. If You access Our Services from locations outside India, You agree and acknowledge that You do so at Your own risk and You are solely liable for compliance with applicable local laws. Embassy shall carry no liability for any loss or damage arising out of Your use of Our Services;
  • You warrant that all information provided by You on the Website is true, current, complete and accurate;
  • You warrant that should Your information change at any time during Your use of the Website, You shall update Your information to ensure it remains true, current, complete and accurate at all times;
  • You agree that the availability of Our Services and/or content on the Website and Your ability to access Our Website, Services and/or content on the Website is subject to Our sole discretion;
  • We regularly make changes on Our Website including changes to Our content on the Website;
  • You agree to be fair, accurate and non-disparaging while leaving comments, feedback, testimonials and reviews on or about the Website or Our Services;
  • You agree that Embassy has the right to suspend Your access to the Services at any time, for any purpose, without notice; and
  • You agree that We reserve the right to restrict Your access to Our Website and all Services if You have, or We have reasonable grounds to be believe that You have, breached any of Our Policies, or been convicted of an offence which involves moral turpitude or any offence under the penal code of the jurisdiction from which You are accessing the Website.

3. Scope of License

Subject to Your compliance with these Terms of Use and Our other Policies, We grant You a non-exclusive, non-transferable, revocable, non-sub-licensable limited license to access and use the Website, Services and content on the Website for personal and non-commercial use. You acknowledge that by accessing Our Website and/or Services, no right, title or interest in Our Website, Services and/or any content on the Website shall be deemed transferred or transferable to You.

4. Ownership and Restrictions

Embassy or its licensors, own all rights, titles and interest in and to, the Website, underlying software, user interfaces, Services, and the graphics, images, photographs, videos, logos, trademarks, appearance, organization and layout of the Website. You agree that by accessing the Website, no rights, titles or interest in the Website, software, user interfaces, Services, or any other intellectual property that is incorporated in it, shall be deemed transferred to You.

Except as provided in these Terms of Use, You may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, redistribute, perform, display, sell, frame or deep-link, make available, sell, offer on commercial rental, create derivative works, translate, adapt or otherwise use the Website, content on the Website and/or Services in a manner not expressly provided for under these Terms of Use.

You warrant that You are using the Website on Your own initiative and You agree to use the Website, Services and content on the Website in accordance with all applicable laws, rules and regulations.

You shall use the Website only for its intended purposes in a bona fide manner. In addition to the restrictions provided above, You further agree to use the Website, Services and/or content on the Website in a lawful manner and not to:

  • Use the Services for any purpose that is unlawful or prohibited by the Terms of Use;
  • Attempt to or gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services by hacking, password “mining” or any other illegitimate means;
  • Directly or indirectly solicit the account information of other users or access or try to access any account which does not belong to You;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website or Services or breach the security or authentication measures on the Website or any network connected to the Website;
  • Extract data from the Website;
  • Attempt to circumvent the regular operation of the Website, or reduce the fees or consideration that We may derive from the Website by any means including by creating multiple accounts, redirecting traffic or following other fraudulent or deceptive practices;
  • Collect any User information through automated means, including but not limited to bots, robots, spiders and scrapers without Our prior written permission;
  • Facilitate or encourage any violation of these Terms of Use or Our other Policies, as amended from time to time;
  • Harass or harm another person using the Website;
  • Exploit or endanger a minor using the Website;
  • Impersonate or attempt to impersonate any person or entity;
  • Violate any intellectual property right, trade secret, privacy, publicity or other proprietary right of any person;
  • Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software, applications and/or any element comprising the Website and the application for accessing the Services;
  • Copy, record, edit, modify any of the content on the Website for any purpose;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services, including Embassy's servers, networks or accounts;
  • Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the content on the Website;
  • Delete or revise any information provided by or pertaining to any other User of the Services;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit or link to an image, video, audio or any information of another person without that person's consent;
  • Post, upload or otherwise transmit or link to content that is threatening, abusive, excessively violent, invasive of another’s privacy, publicity or other rights;
  • Post, upload or otherwise transmit or link to content that is tortious, false or misleading or is defamatory, libelous, hateful or discriminatory;
  • Post, upload, host, display, publish, share or otherwise make available on the Website any content or information that belongs to another person to which You do not have any right to or contains any content which is not compliant with the Information Technology Act, 2000, rules, regulations, and guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Policies, as amended or re-enacted from time to time;
  • Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the content on the Website; or building a business using the content on the Website) without Embassy's prior written consent;
  • Use technology or other means to access, index, frame, or link to the Website (including the content on the Website) that is not authorized by Embassy;
  • Access the Website (including the content on the Website) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices but not caches or archives of the Website and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
  • Use the Services to advertise or promote competing services;
  • Use the Services in a manner inconsistent with any and all applicable law;
  • Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing;
  • Use the Services for public display regardless of whether the public has paid for such display or not;
  • Broadcast or make available the content on the Website to any third party; or
  • Use the Website and/or Services for any other purpose other than for personal viewing.

5. Termination

You agree that We may, at Our sole discretion, suspend or terminate Your access to all or part of Our Website and resources with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Illegal, fraudulent or abusive activity may be grounds for terminating Your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, Your right to use Our Services We provide will immediately cease, and We reserve the right to remove or delete any information that You may have on file with Us.

6. Indemnities

You agree to defend, indemnify and hold harmless Embassy, its affiliates, directors, officers, employees and agents and the portfolio real estate assets of Embassy from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (i) Your use of and access to the Website, content on the Website and Services; or (ii) Your violation of any term of this Terms of Use; or (iii) Your violation of any third party right, including without limitation any privacy, publicity or intellectual property right; (iv) Your breach of applicable law(s); or (v) any unauthorized, wrongful, unlawful or illegal use of Your account by a third party with or without Your consent.

7. Disclaimer of Warranties

  • You agree and acknowledge that the Website, content and Services are provided ‘as-is’, for general information purposes only. We endeavour to keep the information up-to-date and correct but the Website, Services and the information and content on it are being provided without warranties of any kind, either express or implied including those of title, fitness for purpose and merchantability, completeness, accessibility, availability, security, compatibility or non-infringement, to the fullest extent permitted by applicable law. You acknowledge that the functioning of the Website is not error free, uninterrupted or free of viruses and other harmful components. You further agree that Embassy is not under any obligation to screen, censor or edit any portion of the content before providing access to You.
  • None of the images, material, stock photography, projections, details, descriptions and other information that is currently available and/or displayed on the Website including details of the projects and/or developments undertaken by Embassy including depictions by banners and/or posters of the project, should be deemed to be, or constitute, advertisements, solicitations, marketing, offer for sale, invitation to offer, invitation to acquire, including within the purview of the Real Estate (Regulation and Development) Act, 2016.
  • Design, specifications, floor plans, brochures, interactive plans, availability of spaces and other information provided in relation to our projects are subject to change without prior notice. Computer generated images, walkthroughs and render images are the artist's impression and are representative in nature.
  • Computer generated images, walkthroughs and render images are the artist's impression and are an indicative of the actual designs.
  • You are therefore requested to verify all details and aspects of any proposed booking/acquisition of units/premises, directly with Our authorised sales team and not rely on the information provided on the Website.
  • Please note that We will not be accepting any bookings or allotments based on the images, material, stock photography, projections, details, descriptions that are currently available and/or displayed on the Website. We advise You to contact Our sales team for further information.
  • Each User agrees not to use the content of the Website as a substitute for independent investigations and competent financial and business judgment of the User of the units/premises and such User shall obtain professional advice tailored to his particular factual situation.
  • Any reliance You place on such information is therefore strictly at Your own risk. Any action You take upon the information on the Website is strictly at Your own risk and Embassy, its affiliates or its associated entities/companies will not be liable for any losses and damages in connection with the use of the Website or its content.
  • The Website may provide links to articles, news and other information which may be reproduced from public sources and We shall not be liable for the same in any manner and such third party public source will continue to be responsible for the relevant information.
  • 8. Limitation of Liability

    Embassy, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages arising from Your use of the Website, Services or content. Where the laws do not permit the exclusion or limitation of liability, in such jurisdictions, embassy’s liability shall be limited to the maximum extent permitted by law.

    9. Miscellaneous

    Force Majeure

    We shall not be held liable whatsoever in the event of failure to provide the Website and/or deliver the Services under these Terms of Use or any portion thereof occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike out, terrorist attack, network maintenance, service maintenance, server maintenance or any other cause beyond Our reasonable control.

    Survival

    Obligations which by their nature would continue beyond termination or expiration of these Terms of Use will survive termination or expiration of these Terms of Use including but not limited to Your representations, undertakings and warranties under these Terms of Use and clauses relating to indemnity, disclaimer of warranties, limitation of license, governing law and dispute resolution.

    Severability and Waiver

    If any provision of these Terms of Use is unenforceable or invalid, void or unenforceable, then that provision shall be considered severable and the rest of the Terms of Use will continue in full force and effect. Any failure to exercise promptly any right under these Terms of Use shall not constitute a waiver of that right.

    Entire Agreement

    The Policies constitute the entire agreement between You and Embassy governing Your use of, and access to, the Website, content on the Website and Services, superseding any prior agreements between the two parties.

    Governing Law and Dispute Resolution

    This Agreement will be governed by the laws of India as applicable between residents, without giving effect to its principles of conflict of laws (“Governing Law”).

    In the event of a dispute arising out of, or relating to, these Terms of Use, including any question regarding its existence, validity or termination, the parties shall, at the first instance try to resolve the dispute amicably by mutual discussions, and if the parties are unable to do so then, they may refer the dispute to, and finally resolve by, arbitration.

    In any arbitration commenced pursuant to this clause, the number of arbitrators shall be one, mutually appointed by the parties; (i) language of arbitration proceedings shall be English, and (ii) the seat, or legal place, of arbitration shall be Bangalore, India. The arbitration shall be confidential proceedings, closed to the general public. The arbitration shall be governed by and conducted in accordance with Arbitration and Conciliation Act, 1996, as may be amended from time to time. The award of the arbitrator shall be final and binding on the parties. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek relief in a court of competent jurisdiction in Bangalore, India without thereby waiving its right to arbitration of the dispute or controversy under this clause. Subject to the foregoing dispute resolution clause, both parties submit to exclusive jurisdiction of the courts at Bangalore, India.