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These Terms and Conditions (“Terms”) govern your access to and use of the website operated by DREAM APEX REALTIES LIMITED, a Public Limited Company incorporated under the laws of India, having its registered office at 24 High, D-225-226, MIDC Industrial Area, Shiravane, Nerul, Navi Mumbai, Maharashtra 410210, together with its subsidiaries, affiliates, and group entities (hereinafter collectively referred to as the “Company”, “we”, “us”, or “our”).
By accessing, browsing, or otherwise using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms, which constitute a legally binding agreement between you and the Company. If you do not agree with any part of these Terms, you must immediately cease and refrain from using this Site.
1.ACCEPTANCE OF TERMS:
Your use of the Site signifies your unconditional acceptance of these Terms and the Privacy Policy. The Company reserves the right to amend, modify, or update these Terms at any time without prior notice. Any such changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically for updates.
2.ELIGIBILITY:
You must be at least 18 years of age and competent to enter into a legally binding contract under the Indian Contract Act, 1872, to use this Site. By accessing or using the Site, you represent and warrant that you meet these eligibility requirements. If you are using the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3.PURPOSE OF THE SITE AND CONTENT DISCLAIMER:
A.The content made available on this Site is intended solely for general informational purposes in relation to the Company’s business activities, including its construction projects, real estate developments, and corporate information. While the Company endeavours to ensure that the information presented is accurate and up to date, no representation or warranty, whether express or implied, is made regarding the completeness, reliability, or accuracy of such information.
B. In particular, with respect to real estate and construction-related information, all descriptions, specifications, dimensions, layouts, plans, images, renderings, and other details are provided for illustrative and indicative purposes only and may not accurately reflect the final delivered product. Images may include artistic impressions or computer-generated visuals, and actual properties may differ in design, specification, or appearance. Measurements and distances are approximate and subject to variation. The information herein does not constitute an advertisement, marketing, booking, selling or an offer for sale, or invitation to purchase a unit in any project by the Company under the Real Estate (Regulation and Development) Act, 2016.
C. Nothing contained on this Site shall be construed as an offer, invitation to offer, contract, warranty, or guarantee of any kind. The content does not constitute legal, financial, engineering, or real estate advice. Any reliance placed on the information provided on this Site is strictly at your own risk. Users are strongly advised to independently verify all information by conducting site visits, reviewing official documentation, and seeking appropriate legal, financial, and technical advice from qualified professionals before making any decisions.
D. Users are advised to refer only to information available on the respective Real Estate Regulatory Authority (RERA) websites for project-specific details, where applicable.
4. SITE ACCESS AND AVAILABILITY :
Access to the Site is provided on an “as is” and “as available” basis. The Company does not guarantee that the Site, or any content on it, will always be available or that access will be uninterrupted, secure, or free from errors, bugs, or viruses. We may suspend, withdraw, discontinue, or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
5. USER CONDUCT AND PROHIBITED ACTIVITIES:
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. You agree not to misuse the Site by: a. knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. b. Attempting to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. c. Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Site. d. Using the Site to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material. e. Engaging in any activity that disrupts, interferes with, or otherwise harms the proper functioning of the Site. Any such actions may constitute a criminal offence under the Information Technology Act, 2000, and other applicable laws. The Company reserves the right to report such violations to the relevant law enforcement authorities and to take appropriate legal action.
6. INTELLECTUAL PROPERTY RIGHTS:
All intellectual property rights in the Site and its content, including but not limited to text, graphics, images, logos, trademarks, service marks, designs, software, and databases, are owned by or licensed to the Company. These works are protected by applicable intellectual property laws in India. You are granted a limited, non-exclusive, non-transferable right to access and use the Site for personal and non-commercial purposes only. Any unauthorized use, including reproduction, distribution, modification, public display, or creation of derivative works, is strictly prohibited without the prior written consent of the Company.
7. THIRD-PARTY LINKS:
The Site may contain links to third-party websites or resources for your convenience. These links are provided for informational purposes only. The Company has no control over the content of such external websites and does not endorse or assume any responsibility for their content, accuracy, privacy policies, or practices. Accessing such third-party websites is done entirely at your own risk.
8. DISCLAIMERS AND LIMITATION OF LIABILITYT:
I. The fullest extent permitted under applicable law, including the Information Technology Act, 2000, the Company disclaims all warranties, express or implied, in connection with the Site and your use thereof. The Company shall not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: a. Use of, or inability to use, the Site; or b. Use of or reliance on any content displayed on the Site.
ii. This includes, without limitation, any direct, indirect, incidental, consequential, or punitive damages, loss of profits, loss of business opportunity, business interruption, loss of anticipated savings, loss of data, or damage to computer systems. The Company shall also not be liable for any damage caused by viruses, distributed denial-of-service attacks, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any content from it.
iii. You agree to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:
The Company reserves the right, at its own discretion, to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with the Company in asserting any available defences. This obligation shall survive the termination of your use of the Site.
9. NO AGENCY, PARTNERSHIP OR BROKERAGE RELATIONSHIP:
Nothing contained on this Site shall be deemed or construed to create any agency, partnership, joint venture, employment, or brokerage relationship between the User and the Company. The Company acts solely as an information and service platform.
10. NO INVESTMENT ADVICE:
The Company does not provide investment, financial, tax, or legal advice. Users are advised to consult independent professionals before making any investment or purchase decisions.
11. FORWARD-LOOKING STATEMENTS:
Any statements regarding future developments, expansion plans, business strategies, or potential projects are forward-looking in nature and are subject to change without notice.
12. INVENTORY AVAILABILITY DISCLAIMER:
Availability of units, offices, or inventory is subject to change and shall not be considered confirmed unless formally agreed to in writing by the Company.
13. USER RESPONSIBILITY AND RISK:
Any decisions made based on the information provided on this Site are solely at the user’s discretion and risk, and the Company shall not be liable for any consequences arising therefrom.
14. TERMINATION OR SUSPENSION OF ACCESS:
The Company reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Site, without notice, for any reason, including, without limitation, any breach of these Terms or any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of the Company or other users.
15. PRIVACY AND DATA PROTECTION:
Your use of the Site is also subject to the Company’s Privacy Policy, which is incorporated by reference into these Terms. The Company processes personal data in accordance with its Privacy Policy and applicable laws of India, including the Digital Personal Data Protection Act, 2023.
16. GRIEVANCE REDRESSAL MECHANISM:
In accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Company has appointed a Grievance Officer to address any concerns or complaints raised by users.
17. Contact Information:
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18. GOVERNING LAW AND JURISDICTION:
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms and conditions shall be subject to the exclusive jurisdiction of the courts located in Navi Mumbai, India.
19. SEVERABILITY:
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
20. WAIVER:
No failure or delay by the Company in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
21. ENTIRE AGREEMENT:
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company.
