REVISED 2019 - 2020
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. There are neither physical nor digital signatures necessary for this electronic record because it is produced by a computer system.
1. The Platform (hereinafter defined) refers to an internet-based portal owned and operated by Growth Housing, a firm registered under Indian Partnership Act 1932 and having its registered office located at B2/79, Shanti Shopping Center, Opp. Railway Station, Mira Road (E), Thane – 401 107. The term “Growth-Partner” on the Platform may refer to one or more entities that are part of the Rashmi Group.
4. NOTHING CONTAINED ON THE PLATFORMS SHOULD BE CONSTRUED AS AN AUTHORIZATION BY THE SECURITIES AND EXCHANGE BOARD OF INDIA (“SEBI”) TO SOLICIT INVESTMENTS NOR SHOULD THE PLATFORMS BE CONSTRUED AS A SEBI-AUTHORIZED CROWDFUNDING PLATFORM OR A STOCK EXCHANGE, OR THEIR EQUIVALENT. THE PLATFORMS ARE USED BY US TO PROVIDE SERVICES TO OUR REGISTERED USERS.
i. “Applicable Law” means all laws, ordinances, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements, and regulations of any governmental authority/court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect;
ii. “Intellectual Property Rights” means all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);
iv. “Transaction Documents” means the various documents required to be executed by a User that governs its relationship with Rashmi Group;
v. “User” means you, and does not include your permitted assigns, successors, trustees, successors-in-interest, heirs and legal representatives, and the like, unless the context requires otherwise;
vi. “User Account” means the personal online account created by User to access and use the Platform;
IV. Intellectual Property Rights
2. Subject to the restrictions under Paragraph 5 (Restrictions on Use) below, you agree that all copyright and other proprietary notices on any Platforms content must be retained on all copies thereof.
V. Restrictions on Use
2. You shall not:
i. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform, without express written consent of Rashmi Group;
ii. access the Platform in order to build a similar or competitive service;
iii. copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means, any part of the Platforms, for any commercial purpose or otherwise, without the express written consent of Rashmi Group;
iv. use the Platform in any way that causes, or may cause, damage to the Platform, its Users or impair the availability or accessibility of the Platform or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
v. abuse, harass, impersonate, intimidate, or threaten other Users;
vi. post or transmit, or cause to be posted or transmitted, any content that is harmful, infringing, libellous, defamatory, abusive, offensive, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or otherwise violates any Applicable Law or right of any third party; or that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nations;
viii. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain the password, access to another User’s account, or private information from any User;
ix. create or send an unwanted email (spam) to any other User;
x. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
xi. infringe upon the Intellectual Property Rights of Rashmi Group, other Users, or any third party, while accessing or using the Platform;
xii. submit comments linking to affiliate programs, multi-level marketing schemes, and sites repurposing existing stories or off-topic content;
xiii. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojan horse, or other code with malicious, disruptive, and/or destructive features, files, or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including the Platform;
xiv. use any robot, spider, scraper, sniping software, or other automated means to access the Platform for any purpose;
xv. conduct any systematic or automated data collection activities on or in relation to the Platform without the express written consent of Rashmi Group;
xvi. use the Platform or any part of it to transmit or send unsolicited commercial communications, or for any other purposes related to marketing, without the express written consent of Rashmi Group;
xvii. take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load/strain on our infrastructure;
xviii. sell or otherwise transfer your User Account/ profile, or allow any third party to use or access your User Account; or
xix. without our prior written consent, reverse engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or software obtained from or part of the Platform.
VI. User Accounts
1. You may need to register an account with us in order to use or access the Platform or the Services.
2. To be eligible to register an account with us, you must be of such age that you can enter into legally binding agreements as per Applicable Laws where You reside in.
4. You will be solely responsible for maintaining the confidentiality of your User Account and log-in details, and we will not be responsible for misuse of your User Account by any third party, whether authorized by you or not. You may never use another User’s account without the permission of such User and us. You are also prohibited from sharing your login details or allowing anyone access to your account or doing anything that might put your User Account or other User Accounts at risk.
5. You are responsible for any activity on the Platform arising out of any failure to keep your User Account confidential and may be held liable for any losses arising out of such a failure. You agree to notify us immediately of any unauthorized use of your User Account or any other breach of security.
6. Rashmi Group reserves the right to refuse to offer access to or use of the Platform to any person or entity at Rashmi Group’s sole discretion including by changing its eligibility criteria at any time.
7. The Platform may allow a User to create more than one profile under it, especially in the case of family members, relatives, and affiliates. In the event that Your profile has been created under another User’s profile, it will be deemed that you have accorded your consent to such User to create a such profile. Any action initiated under Your profile shall be deemed to have been done with your consent and due authorization. You may at any time place a request to delink your profile linked to a User by writing an email to email@example.com. All such delinking requests will be processed at the earliest and a new User profile will be created for you.
VII. Mobile Apps and Third-Party Services
VIII. External Content
1. The Platform might contain links to third-party websites, services, and advertisements for third parties. Third-party websites may in turn link to the Platform. You acknowledge and agree that third-party websites, advertisements, and services are not under the control of Rashmi Group and that Rashmi Group is not responsible for the information, content, products, services, advertising, or other materials which may be provided therein (“External Content”).
2. Additionally, we may furnish reports, summaries, charts, data, valuation reports, and analyses prepared by third parties for you to provide a better understanding of the opportunity and the risks associated with you (“Third Party Materials”). You understand and acknowledge that your reliance on any Third Party Materials is at your own risk, and you should always obtain independent business, legal and tax advice in relation to all your decisions.
3. The inclusion of any link to such External Content or Third Party Materials on the Platform does not imply Rashmi Group’s endorsement, sponsorship, or recommendation of such External Content or Third Party Material. Rashmi Group specifically states that the links to External Content and Third Party Materials have been provided for convenience purposes and Rashmi Group does not review, approve, monitor, warrant, make any representations, or assume any liability whatsoever in connection with the use or reliance of such External Content.
4. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you click on, access, or use.
1. We use data collection devices such as “cookies” on certain pages of the Platform to manage our users’ sessions, store preferences, serve ads, track information, help analyse our web page flow, measure promotional effectiveness, and promote trust and safety.
2. The types of information cookies collect may include personal information such as your name, your IP address, contact details, personal preferences, and details of your use of the Platform.
4. In order to avail Services from us, we may share your personal information with third parties and/or regulatory bodies, subject to Applicable Law. We may also allow third-party advertising companies and marketing services companies to serve ads and other content when you visit the Platform and elsewhere on the internet and in other media. These third-party service providers may place third-party cookies and use the information about your visits, buying behaviour, browsing history, and preferences, to this Platform and elsewhere to serve ads and other content to you. We cannot control or access cookies used by third-party service providers.
5. In addition, we may provide your personal information to marketing services companies on an anonymous and aggregate basis to allow them to market their products or services, or for other marketing purposes. This may be information we received from you offline and online.
XI. Limitations, Disclaimers, and Exclusions of Liability
1. All information, content, materials, products (including software), and Services included on or otherwise made available to you on or through the Platform are provided on an “as is” without any implied or express representations or warranties, and other terms which might otherwise be implied by statute, common law or the law of equity including, but not limited to, implied warranties of merchantability, suitability, and fitness for a particular purpose.
2. Rashmi Group does not warrant that the information, content, materials, products (including software), or other Services included on or otherwise made available to you on or through the Platform (whether by Rashmi Group, its affiliates, suppliers, content providers, and advertisers), Rashmi Group’s servers or electronic communications sent by Rashmi Group are free of viruses or other harmful components.
3. Rashmi Group shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, or incidental damages, or damages for business losses, loss of contracts or business relationships, profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failure of the Platform and any materials posted thereon, products (including software) or other Services or otherwise made available to you on or through the Platform, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
4. Without prejudice to the generality of the foregoing paragraph, Rashmi Group does not warrant or represent:
0. the completeness or accuracy of the information published on the Platform;
1. that the material on the Platform is up to date;
2. that the Platform or any Service on the Platform will remain available.
5. You understand and acknowledge that an investment in real estate assets is less speculative in nature compared to the stock and securities market and involves a lower degree of risk, but it can never be the loss of total capital invested. An investment in real estate assets is suitable only for investors who fully understand and are capable of bearing the risks of an investment in real estate assets. An investor may invest in with Growth Partner as part of an overall investment strategy, and only if the investor is able to wait till the end of the investment tenure.
6. You confirm and acknowledge that by registering on the Platform, you authorize and consent to Rashmi Group sending promotional and marketing content to you through emails, phone calls, short message service, or other electronic and non-electronic modes of communication, and no such communication shall be deemed to be in violation of law relating to unsolicited commercial communication.
8. The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
9. We make no representation or warranty regarding the Platform:
0. meeting your requirements,
1. being accurate or reliable;
2. being accessible in an uninterrupted, timely, secure, or error-free manner.
10. Access to and use of the Platform by you is contingent on your internet connection and we shall not be held liable for any loss that occurs due to breaks in your internet accessibility.
11. In the event that the Platform or any portion thereof is not accessible due to technical problems or for any other reason, Users are suggested to go through the offer documents, i.e. agreement, which will be signed and you can get registered just like any standard property deal.
1. Either you or Rashmi Group may terminate the relationship between us relating to the usage of the Platform, with or without cause, at any time to be effective immediately. Please note that such termination shall only govern Your usage of the Platform and any Services offered to You by an affiliate of Rashmi Group or a third party shall continue to be governed by the terms agreed in such individual service agreements.
2. While Rashmi Group will try to provide you prior notice of any termination of your account, you agree that Rashmi Group may under certain circumstances, immediately terminate your User Account. Causes for termination may include, but shall not be limited to, your breach of the Terms and Conditions, requests by law enforcement or government agencies, and non-payment of fees owed by you in connection with the access and use of the Platform or the Services.
3. Rashmi Group shall not be liable to you or any third party for the termination or suspension of any Platform. If you object to any Terms and Conditions, your only recourse is to: (a) discontinue the use of the Platform or the Services, and (b) notify Rashmi Group of such discontinuance.
4. Upon termination of the relationship, your right to access or use the Platform and the Services shall immediately cease. You shall have no right, and Property Share shall have no obligation thereafter, to execute any of your uncompleted tasks or forward any unread or unsent messages to you or any third party. Once your User Registration is terminated, cancelled, or suspended, any data that you have stored on the Platform may not be retrieved later.
XIV. Governing Law and Dispute Resolution
1. These terms and conditions shall be governed by and construed in accordance with the laws of India.
2. The determination of the existence of any disputes, the nature of the disputes, and how they should be handled relating to these terms and conditions shall be decided by Rashmi Group. Subject to the above, the courts of Thane City will have exclusive jurisdiction over issues arising out of these terms and conditions.
XV. Entire Agreement
XVII. Release and Indemnification
2. If we need to give you notice of anything, we shall write to you at the email address you provide to us.
Under no circumstances is the information mentioned herein to be construed as an offer to sell or a solicitation of an offer to buy any securities, or as an offer to provide any services.
This information mentioned herein has not been approved by any supervisory or regulatory authority.
Nothing contained herein may be relied upon as a guarantee, promise, assurance, or representation as to the future. No assurance can be given that the objective or strategy or vision or mission regarding the services offered by us will be achieved. The User is cautioned not to put undue reliance on any of the assumptions, scenarios, projections, representative data, expected yields, or other information contained herein.
The User should also note that there can be no assurance that any of the prospective opportunities described in this document will be consummated or that any other arrangement with any other person will fructify, or in either case, continue even if consummated or fructified.
Past performance is not indicative of future results and there can be no assurance that the arrangement described herein will achieve its goals. Certain information contained herein constitutes “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may”, “will”, “us”, “should”, “expect”, “anticipate”, “target”, “project”, “estimate”, “intend” or “continue”, “believe” or the negatives thereof, or other variations thereon. Because of various risks and uncertainties, actual events or results or actual performance may differ materially from the events, results or performance reflected or contemplated in such forward-looking statements. As a result, the User should not rely on such forward-looking statements.
XXI. Waiver of Rights