The websites https://www.habitatrealty.in and https://www.habitatprime.in shall herein be referred to as “Habitat”. With Effect From 1st April 2025 This is a legal agreement between You (the person viewing, using or accessing the Site, OR any person or entity listing/advertising a property, OR any person who is a paid Subscriber/Member availing of the Habitat Prime Privilege Customer Program, and later collectively referred to as "You", or "User" as per the context) and KSIN Industries, a Company that owns and operates Habitat
Please read these terms of use carefully before using the services or subscriptions offered by Habitat. These terms of use set forth the legally binding terms and conditions for Your use of the Habitat websites and/or advertising and promoting properties, and/or a paid Subscription of the Habitat Prime Privilege Customer Program.
Habitat is in the business of displaying, advertising and promoting properties, the details of which are posted on behalf of any authorised person or entity listing/advertising a property. Habitat is therefore a search and research tool for potential property buyers. Habitat is also in the business of providing a Subscription/Membership based Privilege Customer Program which enables the paid Subscribers/Members to avail of exclusive offers, discounts, and benefits. These Offers and Benefits are offered directly or indirectly by various businesses/companies/brands hereinafter referred to as “Affiliates”, who are desirous of promoting their products/services to the paid Subscribers/Members of the Customer Program.
1. Specific Terms - Habitat Prime - Privilege Customer Program
Please read these terms of use carefully before using the subscriptions offered by Habitat. These terms of use set forth the legally binding terms and conditions for Your subscription plan.
1.1 Habitat (as Habitat Prime) offers a combination of Offers and Benefits, (Services), offered directly or indirectly by its Affiliates which the User may subscribe to, subject to the needs of the User, upon payment of applicable fees (“Subscription/Membership Fees”). Failure to subscribe or expiry thereof may result in limited or restricted access to the Services.
1.2 Each such Offer from its Affiliates, shall be governed by the specific Terms of Use of each such Offer as decided by the respective Affiliate, and the same shall be displayed via a button (Terms of Use) next to the said Offer on the “Program Benefits” section. These Terms shall be final and binding for the respective Offer.
1.3 In order to use the paid Subscription, You are required to register with Habitat and provide accurate and complete registration information including, but not limited to Your name, mobile number, e-mail address and any other information if needed.
2. About Redeeming the Offers - - Habitat Prime - Privilege Customer Program
2.1 The details of How to Redeem the Offer, including any web page link, contact person, or specific store or outlet addresses, shall also be displayed via a button (Details) next to the said Offer on the “Program Benefits” section. The said Offer can only be redeemed using the given mode, and not via any other mode.
2.2 For Offers related to “Cash back on Property purchase”,The Offer stands valid only if You book the site visit through us by initiating it on our property listing website https://www.habitatrealty.in, and/or handing over the booking amount cheque through Habitat to the Developer, as the case may be. The Cash back amount will be credited only after completion of transaction as may be defined by the respective Developer on a case to case basis. The amount of Cash back will depend on the type of membership that you have subscribed for. The Offer is available only on the properties already listed on our property listing website https://www.habitatrealty.in. However, where a particular property is not already listed, Habitat shall endeavor to include the same and enable the Offer on it. You shall need to write to us in advance in such an event, and ensure that your site visit is booked through Habitat after confirmation of the property listing with Habitat. Habitat shall not be responsible or liable in any way whatsoever for the authenticity and accuracy of the details of the listed properties as the same is provided by the developer or their representative and is not verified by Habitat.
2.3 For Offers related to “Cash back on Finance/Loan”, The Offer stands valid only if Your loan application is done through us. The Cash back amount will be credited to you within a maximum of 45 days from disbursement of the loan application. The amount of Cash back will depend on the type of membership that you have subscribed for.
3. Other Terms - Habitat Prime - Privilege Customer Program
3.1 Habitat shall not be responsible for and is totally indemnified by you for any defects in service that you may encounter while dealing with any of the Affiliates. You shall have to take up such matters if any, directly with the Affiliate.
3.2 Habitat reserves the right to modify, in part or full, any of the Offers without providing any prior information. Irrespective of the Offers available at the time of You buying a subscription/membership, only the Offers and their Terms of Use at the time of redemption shall be applicable, and shall supersede any previous Offers.
3.3 The Subscription/Membership Fee paid by the User is non-refundable.
3.4 Habitat reserves the right to revise the Fees as well as the Offers and Benefits of any plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User.
3.5 The Subscription is not available to individuals who are younger than 18 years old.
3.6 The Subscription is non-transferable and also not for resale.
3.7 For any support or queries you can write to us on connect@habitatprime.in
4. Acceptance Of Terms
By registering or subscribing for and/or using the Service in any manner, You agree to all of the terms and conditions contained herein ("Terms of Use" or "Terms"), which also incorporate Habitat's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time by Habitat, each of which is incorporated by reference and each of which may be updated by Habitat from time to time without notice to You.
5. Content
5.1 All Content on the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Habitat cannot guarantee the authenticity and accuracy of any Content or data which property listers may provide about themselves or their business. You acknowledge that all Content accessed by You using the Service is at Your own risk and You will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom and Habitat shall have no liability towards You or any other party for any damage or loss resulting from such Content. 5.2 For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Habitat on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by Users is collectively referred to as, "User Submissions." 5.3 The Site may contain User Submissions which Habitat does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent Habitat’s views, opinions, beliefs, morals or values. Habitat does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any User Submissions that the Users submit or publish on the Site. After posting any User Submissions on the Site, the Users continue to own the rights that the Users may have in that User Submissions subject to the limited license set out here. Habitat shall use reasonable efforts to monitor or remove such User Submissions where Habitat considers it appropriate or necessary to do so. Habitat does not promise that the Content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties. The Users hereby expressly acknowledge and agree that Habitat will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any User Submissions. 5.4 Please note that any User Submissions or advertisement that promotes online gambling, lotteries or games of skill that offer prizes of cash (including online casinos, sports betting, bingo games, or poker games using real money) shall be permitted only if prior written permission is granted to conduct such games by appropriate authorities and not otherwise. 5.5 User Submission shall not infringe any third-party rights including intellectual property rights, privacy rights, performer’s rights etc. 5.6 You shall at all times comply with all applicable laws, ordinances, regulations, and codes which are applicable to the performance of Your obligations under these Terms of Use. 5.7 User Submission should not contain any such image, photograph, design, artwork, any other copyrightable work, trade name, trade mark etc. that may violate intellectual property rights of any third party and must acquire permission/authorization/licenses for trademarks or copyrightable works owned/controlled by a third party prior to being uploaded as Content.
6. Conditions To Use
6.1 The Services will be provided on a best efforts basis. Habitat will make reasonable efforts and shall endeavor that You are able to use the Services without undue disruption, interruption or delay. 6.2 By subscribing to the Habitat Prime membership, You may receive updates, promotional materials and other information we may send with regards to the Service, or new services Habitat may offer. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to connect@habitatprime.in. When You use the Site to avail the Services, You agree that You are involved in the transmission of sensitive and personal information, including but not limited to Your registration information and mobile number (collectively "SPI"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. Habitat, is a technology-based platform under the proprietary ownership of KSIN Industries and therefore, would take all necessary steps to secure and maintain the confidentiality of the SPI that You have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The User hereby irrevocably and unequivocally authorizes Habitat to utilize User information or Content for the purposes including for the provision of Services in accordance with the Terms of Use and to disclose User information to its proprietors, directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services. 6.3 Habitat shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry. However, Habitat disclaims any responsibility for any harm resulting from anyone’s use, viewing, or downloading of Content. If You access or use any Content, You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any User Submissions offered through any of the Services is the relevant user’s (the person, persons or entity that was responsible for uploading, adding or sharing the User Submissions or materials) sole responsibility, and You agree that Habitat shall not be liable for any damages that may result from Your use of the User Submissions. Further, Habitat shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, link failure, Site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.
7. Rules and Conduct
7.1 As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of Your activity in connection with the Service. Additionally, You shall abide by all applicable local, state, national and international laws and regulations and, if You represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to Your industry. 7.2 By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action or publish any information that: infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality; You know is false, misleading, untruthful or inaccurate; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Habitat in its sole discretion; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") and not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the internet; involves commercial activities (whether or not for profit) and/or sales without Habitat 's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit, overburden, impair, compromise or interfere with the Site, the Users, or Habitat ’s systems or security or with the proper functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Habitat or any third party; impersonates any person or entity, including any employee or representative of Habitat; includes anyone's identification documents or sensitive financial information; or breaches the Terms of Use and /or Privacy Policy and/or any of the other policies and rules incorporated herein. 7.3 You shall not (directly or indirectly): take any action that imposes or may impose (as determined by Habitat in its sole discretion) an unreasonable or disproportionately large load on Habitat (or its third-party providers') infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; bypass any measures Habitat may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); run any form of auto-responder or "spam" on the Service; use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Site; harvest or scrape any Content from the Service; modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Content, except as expressly authorized by Habitat; decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction; copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder; not delete or modify any Content of the Site and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; use the Site or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site, any Services or any operating system; not make false or malicious statements against the Services or the Site or Habitat; or otherwise take any action in violation of Habitat's guidelines and policies. 7.4 You acknowledge that all hardware and software underlying the Site as well as other internet related software which are required for accessing the website are Habitat’s intellectual property, and that You have no rights in, or to, the hardware, Site or any Services other than the right to use each of them in accordance with the terms of these Terms of Use. Habitat has intellectual property rights over all intellectual property on the Site except any intellectual property or Content owned by third parties including third-party service providers or any UGC (as defined hereunder). Habitat reserves the right to initiate appropriate legal proceedings against any User or third party including a third-party service provider for an infringement of its intellectual property rights, in accordance with applicable law. Nothing herein shall give the User or any third party including third-party service provider any intellectual property rights in any of the intellectual property owned by Habitat. The User agrees that it shall not make any claim against Habitat for any intellectual property of Habitat under these Terms of Use. 7.5 Habitat reserves the right to access, read, preserve, and disclose any information as Habitat reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Habitat, its users and the public, or (vi) providing, modifying, or improving future or current products and/or services of Habitat. 7.6 Further, the User hereby irrevocably and unequivocally authorizes Habitat to utilize User information, User Submissions, or Content for the purposes including those set out below: provision of Services in accordance with these Terms of Use; disclose User information, User Submissions, or Content to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services; providing, modifying, or improving future or current products and/or services of Habitat. contacting a third-party service provider and/ or facilitating/ enabling the services of a third-party service provider for the User pursuant to the arrangement between Habitat and such third-party service provider; Provided that nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of Habitat or any third-party service provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons. conducting internal studies, consumer research, surveys and preparing reports in connection with the Services; entering the registration data for an account; and sending alerts, contact details, promotional messages, promotional calls, location information whether by Habitat itself or through its partners/ vendors and sub-partners/ sub-vendors or affiliates who are Users of the Site. 7.7 You shall not (and shall not permit any third party to), while using the features on the Site, including but not limited to the chat feature and any functionality of the chat feature, take any action or host, display, upload, transmit, share or publish any information or User Submission that: belongs to another person or User, or tends to impersonate another person; is defamatory, obscene, pornographic, paedophilic, invasive of one’s privacy, libelous, racially objectionable and is otherwise unlawful under applicable laws; is harmful to children; violates any applicable laws, including but not limited to laws in relation to data protection and privacy; violates any third party intellectual property rights; You know is patently false or misleading and is written or published with the intent to mislead or harass a person or entity for financial gain or cause injury to such person or entity; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or incites others to commit offences; contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit, overburden, impair, compromise or interfere with the Site, the Users, or Habitat’s systems or security or with the proper functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Habitat or any third party. 7.8 You hereby grant Habitat the license to use your User Submissions in presentations, websites, press releases, interviews, promotional materials and other self-promotional channels, including but not limited to social media platforms, and you shall not, under any circumstance whatsoever, hold Habitat liable for usage of such User Submissions for the aforementioned purposes. 7.9 You hereby agree and acknowledge that Habitat has no control whatsoever over, and no duty to take any action regarding any Content, including User Submissions, posted on the Site, more specifically through the chat feature available on the Site.
8. Third Party Sites and Services
8.1 Habitat may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When You access third party websites, You do so at Your own risk. These other websites are not under Habitat's control, and You acknowledge that Habitat is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Habitat or any association with its operators. You further acknowledge and agree that Habitat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 8.2 Habitat permits third-party service providers to serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services. The User acknowledges and agrees that third party service providers may use cookies or similar technologies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Site and general browsing pattern and report how third-party service providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website. Habitat neither has access to, nor do the Terms of Use govern the use of cookies or other tracking technologies that may be placed by third party service providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. Habitat assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements. It is to be noted that Habitat does not guarantee the accuracy, integrity or quality of any content/service provided by such third-party service providers. Further, the Users interactions with such third-party service providers through the Services provided by Habitat on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and the third-party service providers. In no event shall Habitat be liable for any damages arising out of any interaction between the User and such third-party service provider. The information provided on the Site is provided to the Users on an "AS IS, WHERE IS" basis.
9. Suspension and Termination
9.1 Subject to applicable law, the User is responsible for notifying Habitat immediately upon becoming aware of any unauthorized access into or misuse of the account causing a breach of security as per the Terms of Use. Habitat shall extend support by ensuring immediate termination or suspension of such account and shall take such other appropriate safety measures as it may deem necessary. Habitat shall not be held liable for any unauthorized access into the account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing Habitat about such unauthorized access. 9.2 Habitat, at all times, reserves the right, to reject or disable an account immediately in the event of the User’s violation of any applicable law or anything done by the User in contravention of these Terms of Use and including but not limited for any other reason in relation to the safe and secure operation of the Site. 9.3 Habitat has the right to modify, suspend or terminate all or any part of the Services including its features, structure, Fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the account and/or User’s access to the Site, at any time, without any prior notice to the User. 9.4 Habitat may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your account, You may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Warranty Disclaimer
10.1 Save to the extent required by law, Habitat has no special relationship with or fiduciary duty to You. You acknowledge that Habitat has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content You access via the Service; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. The User agrees that Habitat shall not be held liable for any such unauthorized access into or misuse of the Account arising out of compromise of such details and password of the account. 10.2 You release Habitat from all liability for You having acquired or not acquired Content through the Service. The Service may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. Habitat makes no representations concerning any Content contained in or accessed through the Service, and Habitat will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service. 10.3 Habitat shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall Habitat be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons You may otherwise meet through the Services. 10.4 The Site, Service, and Content link are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law. 10.5 Habitat, and its proprietors, directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service including, without limitation any third party sites or services linked to the Site and / or Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content or software available at or through the Service or Third Party Sites or Services is free of viruses or other harmful components; or (d) the results of using the Service will meet Your requirements. Your use of the Site, Service, and Content is solely at Your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to You. If any open-source software is included in the Site or any Services, the terms of an open-source license may override some of the terms of these Terms of Use.
11. Indemnification
You shall defend, indemnify, and hold harmless Habitat, its affiliates and each of its employees, contractors, proprietors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to Your use or misuse of, or access to, the hardware, Site, Service, Content, or otherwise from Your violation of these Terms of Use, or infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. Habitat reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with Habitat in asserting any available defences
12. Limitation of Liability
12.1 Habitat will not be liable or responsible for: Any instance where the transaction is unable to be completed or does not fructify; any failure to perform, or delay in performance of, any of Habitat’s obligations under these Terms of Use that is caused by any act or event beyond Habitat’s reasonable control, including force majeure events; any failure to perform, or delay in performance of, any of Habitat’s obligations under these Terms of Use or any financial loss that is caused by an assigned partner(s) or a third-party service; the Site not meeting Your individual requirements or the Site containing defects or errors, as the Site has not been developed specifically for You. It is Your responsibility to ensure that You use the Site if the facilities and functions of the Site meet Your requirements; any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect Your device, data or other proprietary material due to Your use of the Site or the Services. 12.2 Additionally, by using the Site or any Services, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Site or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. 12.3 To the maximum extent permitted by applicable law, in no event shall Habitat, nor its proprietors, directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not Habitat, its proprietors, directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Site, Service, or Content for the use or the inability to use the Site and /or Service; indirect, remote or consequential losses or damages; loss of actual or anticipated profits; loss of revenue; loss of goodwill; unauthorized access to or alteration of Your transmissions or loss of data; loss of anticipated savings; wasted expenditure; cost of procurement of substitute goods or services; or any other matter relating to the Site and / or Service. 12.4 It is Your responsibility to ensure that You use the Site only if the facilities and functions of the Site meet Your requirements. Nothing in these Terms of Use shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms of Use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, Habitat’s liability will be limited to the fullest extent permitted by applicable law. 12.5 Without prejudice to the foregoing, none of the proprietors, directors, employees, agents, representatives, partners, suppliers or content providers of Habitat shall be personally liable for any action in connection with the Site or the Services. Habitat’s total aggregate liability under these Terms of Use shall be limited to the Fees paid by the User for availing the Services in relation to which such liability of Habitat arises.
13. Copyright and Trademarks
13.1 Copyright in works contained in the Site, including but not limited to all Content, features, functionality software, design, text, sound recordings and images, are Habitat’s exclusive property, or licensed by Habitat, except as otherwise expressly stated. You may access the Site only for Your use of the Services offered. 13.2 All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to Habitat. No information, code, algorithms, Content or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Habitat’s express written permission. The use of any such materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws 13.3 You must: not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Site or any of its components; not delete or modify any Content of the Site and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify; take all reasonable precautions to protect Habitat’s proprietary information, and (b) not to use (except as expressly permitted herein) or divulge to any third person any such proprietary information. not do any "mirroring" or "framing" of any part of the Services, or create internet links to the Services which include log-in information, user names, passwords, and/or secure cookies; not use the Services, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication; comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Site or any Services, which may include but is not limited to not using the Site in a country where the use of the Site or any Services is unlawful. 13.4 The Registered User (in the context of property lister as well as affiliate) agrees that Habitat can use the Registered User’s brand identity including its logo, organization name and mention Registered User’s usage of this Service in sales sheets, presentations, websites, press releases, interviews, promotional materials and other self-promotional channels.
14. Governing Law
14.1 A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Habitat agree that any cause of action arising out of or related to the Service must commence within 1(one) year after the cause of action arose; otherwise, such cause of action is permanently barred. 14.2 These Terms of Use shall be governed by and construed in accordance with the laws of India. Any action, claim, dispute or difference arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination (“Dispute”) shall be governed by and construed in accordance with the laws of India and the courts in Mumbai shall have exclusive jurisdiction over Disputes arising out of these Terms of Use. Notwithstanding anything contained herein, Habitat shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Mumbai that it may in its sole discretion deem appropriate and convenient.
15. Integration and Severability
These Terms of Use are the entire agreement between You and Habitat with respect to the Service and use of the Site, Service, or Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Habitat with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that Habitat will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, Habitat must provide You with written notice of such waiver through one of its authorized representatives.
16. Modification of Terms of Use
Habitat reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or Content) at any time by posting a notice on the Site or by sending You notice through the Service or via email. Habitat may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
17. Force Majeure
Habitat will not be responsible for any delay or failure to comply with its obligations under these Terms of Use or in performing the Services, if the delay or failure arises due to any event or circumstance beyond Habitat’s reasonable control.
18. Electronic Record
This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Site.
19. Miscellaneous
19.1 Habitat shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Habitat's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to You, and are not assignable, transferable or sublicensable by You except with Habitat's prior written consent. Habitat may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. 19.2 Unless otherwise specified in these Terms of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. 19.3 In respect of these Terms of Use and Your use of this Site, Service, or Content, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and You (and Habitat’s and Your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and Habitat and You agree that Habitat does not intend that any provision of these Terms of Use should be enforceable by a third party. The rights and licenses granted hereunder, shall not be transferred or assigned by the User, but may be assigned by Habitat without restriction.
20. Language
20.1 Where Habitat has provided You with a translation of the English language version of these Terms of Use, then You agree that the translation is provided for Your convenience only and that the English language versions of the Terms will govern Your relationship with Habitat. 20.2 If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
21. Contact
21.1 Should You have questions about this Terms of Use or Habitat’s information collection, use and disclosure practices, You may contact Habitat’s designated officer for these purposes, whose details are provided below: Name: Neha M, Email Id:connect@habitatprime.in .
21.2 Except where required by law, Habitat cannot ensure a response to questions or comments regarding topics unrelated to the terms of this Terms of Use or Habitat’s privacy practices.
22. Complete Understanding
22.1 These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.
You have read these Terms of Use and agree to all of the provisions contained above.