Terms Of Use - Skyview by Empyrean

Terms Of Use

Please read the following terms and conditions of use (“Terms of Use”) carefully before using this website i.e.www.skyviewpatnitop.com (“Website”). The Terms of Use stipulated herein constitute a legally binding agreement made between you, whether executed personally or on behalf of an entity (“You” or “Your” or “User”), concerning Your access and use of the Website and services/products offered by Emyprean Skyview Projects Private Limited (“ESPPL”) via this Website. By accessing this Website and any pages thereof, You agree to be bound by these Terms of Use. This Website is available for Your use only on the condition that You agree to the Terms of Use set forth below. If you do not agree to all the Terms of Use, do not access or use this Website.

  • User Eligibility1.1This Website is available only to the Users who are competent to enter into a contract as per Indian Contract Act, 1872 and such Users shall use the services provided on this Website, in accordance with all the Terms of Use stipulated herein.1.2It is not ESPPL’s intention to collect or use personal information from anyone who is not competent to enter into a contract, and ESPPL will not knowingly do so. In the event, ESPPL is made aware that ESPPL has collected any personal information from a person who is not competent to enter into a contract, and ESPPL is asked to delete such information from our system and/or record, ESPPL will promptly do so.1.3ESPPL reserves the right to refuse access to use the services offered, if it is brought to ESPPL’s notice or if it is discovered that You are not competent to enter into a legally binding contract.
  • Modification/Changes2.1This Website is available only to the Users who are competent to enter into a contract as per Indian Contract Act, 1872 and such Users shall use the services provided on this Website, in accordance with all the Terms of Use stipulated herein.2.2It is not ESPPL’s intention to collect or use personal information from anyone who is not competent to enter into a contract, and ESPPL will not knowingly do so. In the event, ESPPL is made aware that ESPPL has collected any personal information from a person who is not competent to enter into a contract, and ESPPL is asked to delete such information from our system and/or record, ESPPL will promptly do so.2.3ESPPL reserves the right to refuse access to use the services offered, if it is brought to ESPPL’s notice or if it is discovered that You are not competent to enter into a legally binding contract.
  • Disclaimer and No Warranties3.1The information and materials contained on the said Website, and the terms, conditions, and/or descriptions that appear on the Website, are subject to change. Unauthorized use of the said Website and systems, including but not limited to unauthorized entry into ESPPL’s systems, misuse of passwords, and/or misuse of any information posted on the Website is strictly prohibited. Not all products and services are available in all geographic areas.3.2Your eligibility for particular products and/or services is subject to final determination by ESPPL and/or its affiliates. You are aware that the information available through this Website is provided solely for informational purposes on an “as is” basis at User’s sole risk. ESPPL makes no guarantees as to the accurateness, quality, and/or completeness of the information provided on or through the Website, and ESPPL shall not be responsible and/or liable for any errors, omissions, and/or inaccuracies in the information disseminated or for any User’s reliance on the information disseminated. User shall be solely responsible for verifying the information on the Website. ESPPL does not warrant that the services provided and/or products sold, through and/or on the Website, will be uninterrupted or error-free or that defects on the Website will be corrected.3.3While using this Website, You are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You undertake to not use this Website for any fraudulent or unlawful purpose, and You shall not take any action to interfere with this Website and/or any other User’s use of this Website. In addition, ESPPL expects You to respect the rights and/or dignity of other Users. By way of example and not of limitation, You expressly agree that You will not do any of the following, which violates this Agreement:

    3.3.1Post, upload, share, transmit, distribute, facilitate distribution of and/or otherwise make available to and/or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar or otherwise objectionable material of any kind, including unauthorized and/or unsolicited advertising;

    3.3.2Reproduce, duplicate and/or copy any portion of this Website, except as authorized by Terms of Use stipulated herein;

    3.3.3Sell, resell and/or otherwise exploit for any commercial purposes, the use of and/or access to this Website and/or any portion thereof without the prior written consent of ESPPL;

    3.3.4Impersonate any person and/or entity, falsely state and/or otherwise misrepresent Your affiliation with any person and/or entity in connection with this Website, and/or express and/or imply that ESPPL endorses any statement made by You;

    3.3.5Violate and/or attempt to violate the security of this Website;

    3.3.6Disseminate on the Website any viruses, worms, spyware, adware and/or other malicious computer code, file and/or program that is harmful, invasive and/or is intended to damage and/or hijack the operation of, and/or monitor the use of, any hardware, software and/or equipment;

    3.3.7Use any data mining, bots, spiders, automated tools and/or similar data gathering and/or extraction methods, directly or indirectly, on the Website or to collect any information from the Website and/or any other User of the Website; or

    3.3.8Assist or permit any persons in violating these Terms of Use or applicable statutes, orders, regulations, rules, and other laws governing the use of the Website.

    3.4The products and/or services on this Website are provided and “as available”, “with all faults” basis and without warranties and/or representations of any kind either expressed or implied. Information, products, and/or services contained on this Website, and the inclusion and/or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by ESPPL and/or ESPPL’s affiliates. The material provided and/or information disseminated on this Website could include technical inaccuracies and/or typographical errors. ESPPL may make changes and/or improvements at any time.

    3.5To the fullest extent permissible, pursuant to applicable law, ESPPL disclaims all warranties relating to the information and description of the product(s) and/or service(s) displayed on this website. ESPPL and/or its Affiliates and/or third-party suppliers and/or licensors and/or partners do not warrant and/or make any representations regarding the use or the results of the use of the services, the Website and/or any reference sites in terms of correctness, accuracy, reliability, or otherwise.

    3.6ESPPL does not warrant that the functions contained and/or service(s) and/or product(s) and/or information provided on this Website will be uninterrupted or error free, that defects will be corrected, or that this Website and/or the servers that make it available are free of viruses and/or other harmful components but shall endeavour to ensure Your fullest satisfaction.

    3.7ESPPL does not warrant and/or make any representations regarding the use of and/or the result of the use of the material and/or service(s) and/or product(s) and/or information provided on the Website in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers/suppliers. The Website, information, products, services and the Content are provided on an “as is” basis.

    3.8ESPPL, to the fullest extent permitted by law, disclaims all warranties, either express and/or implied, statutory and/or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose.

    3.9You acknowledge that this Website is provided only on the terms and conditions set out in these Terms of Use. Your uninterrupted access and/or use of this Website, on this basis, may be prevented by certain factors outside reasonable control of ESSPL, including without limitation, the unavailability, inoperability and/or interruption of the internet and/or other telecommunications services or as a result of any maintenance and/or other service work carried out on this Website. ESPPL does not accept any responsibility and shall not be liable for any loss or damage, whatsoever, arising out of, or in connection with, any ability/inability to access and/or to use the Website.

  • Privacy Policy4.1ESPPL believes in protecting Your privacy. Our Privacy Policy contains further information about how data is collected, used and made available on or by the Website. Please click here to review our current Privacy Policy, which also governs Your use of this Website, to understand our practices: Privacy policy – https://skyviewbyempyrean.com/privacy-policy/ 4.2With respect to any individual whose personal information is provided by You to ESPPL, You represent to ESPPL that You have obtained all necessary consents for the processing of such personal information contemplated by the services.
  • User Contributions5.1This Website may contain message boards, personal web pages and/or profiles, forums, social media platform(s), bulletin boards and/or other interactive features that allow Users to post, submit, publish, display and/or transmit to other users and/or other persons content and/or materials (“User Contributions”) on or through the Website.5.2If You voluntarily disclose any personal information on or through the Website or on any other User or member-generated pages which may result in unsolicited contact from other parties then You shall be responsible for any content and/or information and/or User Contributions You transmit on or through our Websites.5.3Any User Contributions that You post on or through the Website shall be considered as non-confidential and non-proprietary. By providing any User Contributions on the Website, You grant us, our affiliates, our service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
  • User’s Representations and Warranties6.1You represent and warrant that:6.1.1Any content and/or information and/or User Contributions, You transmit on or through our Websites is truthful, accurate, not misleading and offered in good faith, and that You have the right to transmit such content/information/User Contributions. You hereby also represent and warrant that You own and/or control all rights in relation to the User Contributions and have the right to grant the license to use such User Contributions to ESPPL and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. ;6.1.2You shall not upload, post and/or otherwise make available on or through this Website any content/User Contributions which are protected by copyright, trademark and/or other proprietary right of any third party without the express written permission of the owner of such right(s), or the authority to do so. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, and/or any other harm resulting from such a submission.

    6.1.3You understand and acknowledge that You are responsible for any User Contributions You submit and/or contribute, and You have full responsibility for such content, including its legality, reliability, accuracy and/or appropriateness. ESPPL shall not be held responsible and/or be liable to any third party for the content and/or accuracy of any User Contributions posted by You and/or any other User of this Website.

  • Intellectual Property Rights7.1Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (“Content”) are the sole property of ESPPL and its affiliates. The Content is protected by Intellectual Property and other laws in India. Elements of the Website are also protected by trade name, trade secret, and other applicable laws, which shall not be copied and/or imitated in whole and/or in part. All customised graphics, icons, and other items that appear on the Website are trademarks, service marks and/or trade name (“Marks”) of ESPPL, its affiliates and/or other entities that have granted ESPPL the right and licence to use such Marks and may not be used and/or interfered with, in any manner without the express written consent of ESPPL. Except as otherwise expressly authorised by these Terms of Use, You shall not, in any manner whatsoever, copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Website in any way without ESPPL’s prior written permission. Except as expressly provided herein, nothing on this Website shall be construed as granting, by implication, estoppel or otherwise, any license and/or right to use any Intellectual Property displayed and/or used on this Website, without the prior written permission of ESPPL.7.2ESPPL hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to access and use only the Website, Content, products and services only for non-commercial purposes in the manner expressly permitted by ESPPL and subject to these Terms of Use. Except for this limited license, ESPPL does not convey any interest in and/or in relation to the information, User Contributions, Content, services, products and/or any other data available on or through the Website by permitting You to access the Website. Except to the extent required by law and/or as expressly provided herein, none of the Content and/or information and/or User Contributions may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form and/or by any means, resold and/or redistributed without the prior written consent of ESPPL. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit and/or otherwise use the Content and/or information in any way unless expressly permitted to do so by ESPPL.7.3Any rights not expressly granted herein are reserved.
  • Third Party Links8.1The Website may contain links to third-party Websites and resources (“Linked Site”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by ESPPL of the content of such Linked Sites. ESPPL makes no representations and/or warranties regarding the correctness, accuracy, performance and/or quality of any content, software, service and/or application found at any Linked Site. The Linked Sites are not under the control of ESPPL. ESPPL does not review and/or monitor any Linked Sites and shall not be responsible for the availability of the Linked Site or the content or activities of such sites. If You decide to access a Linked Site, You will do so at Your own risk. In addition, Your use of Linked Site is subject to any applicable policy, and terms and conditions of use, including but not limited to the Linked Site’s privacy policy. Prior to purchasing any third-party product(s) and/or availing any services described on the Linked Sites, You are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither ESPPL nor its parent and/or any of its subsidiaries, divisions, affiliates, agents, representatives and/or licensors shall have any liability arising from Your purchases of third-party products and/or availing any services based upon the information disseminated on the Linked Site(s), and ESPPL shall not receive and/or review complaints regarding such purchases.8.2Linking to any page of the Website other than http://www.skyviewpatnitop.com (“Associated Link”) through a plain text link is strictly prohibited in the absence of a separate linkage agreement with ESPPL. Any website, other than the Associated Link, that links to the Website, and/or any page available therein, is prohibited from replicating Content.
  • Payment of Fee:9.1The User agrees to pay all charges, fees, duties, taxes, and assessments for the services availed and/or products purchased through or on this Website. The services provided and/or products offered shall be subject to their applicable terms and conditions.
  • Confidentiality10.1Any information and/or User Contributions and/or Content which is specifically mentioned/shared on or through the Website shall be treated as confidential. The User of this Website shall all times maintain confidentiality of information and/or User Contributions and/or Content shared on or through the Website. The information and/or User Contributions and/or Content shall not be disclosed unless as required by law or to serve the purpose of the Terms of Use.
  • Notice11.1ESPPL may provide you with notices and communications by email, regular mail or postings on the Website or by any other reasonable means. Except as otherwise set forth herein, if You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure, and transfer of your information under this Privacy Policy or any terms of ESPPL’s Terms of Use and other terms and conditions or polices of ESPPL, please contact at feedback@skyviewpatnitop.com.
  • Termination12.1The Website and these Terms of Use are effective until terminated by ESPPL. If at any time, ESPPL is of the view that You have violated/ breached these Terms of Use then ESPPL shall have the right and/or remedy that may be available under any applicable law, and subject to regulatory requirements, to suspend, limit and/or terminate all or a portion of Your access to the Website, and/or any of their features at any time with or without notice.12.2You understand and agree that ESPPL, at its sole discretion, may terminate and/or suspend Your use of the Website, information, services, products, User Contributions and Content at any time, and for any and/or no reason at its sole discretion, even if access and use continue to be allowed to other Users of the Website.12.3Upon such suspension or termination, You must immediately discontinue Your use of the Website, and destroy any copies You may have made of any portion of the Content / User Contributions. Accessing the Website, information and/or products and/or services and/or Content, after such termination, suspension and/or discontinuation, shall constitute an act of trespass. Further, You agree that ESPPL shall not be liable to You or to any third party for any termination or suspension of Your access to the Website, information and/or services and/or products and/or Content.

    12.4The provisions concerning authorized use, Intellectual Property Rights, User Contributions, Disclaimer and No Warranties, Confidentiality, Limitation of Liability and Indemnity, as well as any other provisions that by their nature should survive, shall survive any such termination.

  • Indemnity13.1You agree to defend, indemnify, and hold ESPPL harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fee, arising from and/or related to Your use of this Website and/or services you avail and/or any products you purchase through it.13.2You shall defend, indemnify, and hold harmless ESPPL and its affiliates from and against any losses including any material claim, liability, demand, damage, judgement and/or other obligation and/or right of action, which may arise as a result (a) your breach of any provision of the Terms of Use; (b) Your activities in connection with the Website; or (c) unsolicited information You provide to the ESPPL through the Website.
  • Limitation of Liability14.1In no event shall, ESPPL, its affiliates, licensors, suppliers or any third parties mentioned on the Website, be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses and/or expenses arising in connection with this Website and/or any Linked Site and/or use thereof or inability to use the Website, products, information, services and/or Content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not ESPPL or its representatives thereof, are advised of the possibility of such damages, losses and/or expenses.
  • Dispute Resolution15.1All dispute(s) and/or difference(s) arising out of or in connection with any of the matters set out under these Terms of Use or Website (“Dispute”), if not resolved by amicable settlement within thirty (30) days from the date of occurrence of Dispute, shall be finally and conclusively determined by arbitration in accordance with the Arbitration and Conciliation Act, 1996, of India, for the time being in force. The arbitration shall be conducted by a sole arbitrator appointed by ESPPL (“Sole Arbitrator”). The Sole Arbitrator shall reach and render a reasoned decision in writing with respect to the appropriate award to be rendered or remedy to be granted pursuant to the dispute.15.2To the extent practical, decisions of the Sole Arbitrator shall be rendered no more than ninety (90) days following commencement of proceedings with respect thereto.15.3The arbitration shall be conducted in English, and the venue for arbitration shall be Jammu and Kashmir.

    15.4The Sole Arbitrator shall be entitled to award costs of the arbitration and the costs of arbitration will be borne by such party which is/ are directed by the arbitrator to so bear the costs of arbitration.

  • Governing Law and Jurisdiction16.1To the fullest extent permitted by law, these Terms of Use are governed by the laws prevailing in India, as amended from time to time and courts in Jammu and Kashmir, India will have jurisdiction.
  • General17.1You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.
  • Waiver and Severability18.1The failure of ESPPL to exercise or enforce any term or condition set forth in these Terms of Use shall not constitute a waiver of such right or provision. Waiver of any provision of this Agreement will be effective only if in writing and signed by ESPPL.18.2If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  • Entire Agreement19.1The Terms of Use constitute the sole and entire agreement between You and ESPPL with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.