Terms and Conditions

Introduction

This website urbancraftcollections.com, including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces etc, , (hereinafter collectively referred to as “Urban Craft Collections”) is owned, hosted and operated by Urban Craft Collections (hereinafter referred to as UCC), a firm in India under the MSME Act and Goods & Services Tax (GST) Act and having its registered office at Alappuzha India. These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between Urban Craft Collections and the User (the “Agreement”).

Urban Craft Collections and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

UCC may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Urban Craft Collections. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Urban Craft Collections, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. UCC may also suspend the operation of Urban Craft Collections for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize urbancraftcollections in a manner inconsistent with these terms and conditions, UCC may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Definitions

The term Subscriber/User would include any person, whether an individual or a legal entity who has subscribed to the Services of Urban Craft Collections (whether on a paid or free basis), and to whom the access to Urban Craft Collections is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Urban Craft Collections or chosen by the Subscriber or agreed upon by Urban Craft Collections. It is made abundantly clear that only the authorized User has the right to access the Services so offered by Urban Craft Collections.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Urban Craft Collections, without the need or a requirement to create an account i.e. visits non-restricted portions of Urban Craft Collections. The term Advertiser would include a Subscriber/User uploading or relaying content using the Services.

The use and access to Urban Craft Collections, shall be subject to these terms and conditions and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorized user’ and will nevertheless be subject to the terms and conditions regulating the usage of Urban Craft Collections, and expressly so with respect to respecting the intellectual property rights of the UCC, and abiding by terms and conditions below mentioned.

The terms ‘User’ and ‘Customer’ would include both the Subscriber/Advertiser(s) and Browser/Visitor(s).

The terms ‘Service’ or ‘Services’ would mean to include the interactive online information service offered by Urban Craft Collections on the internet through which the user may access information carried by Urban Craft Collections in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Urban Craft Collections, acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.

The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535) as amended read with any rules or regulations that might be framed thereunder.

Submission and administration of listings/advertisements

User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to Urban Craft Collections, unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User’s website or on Urban Craft Collections. Similarly, Urban Craft Collections does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by Urban Craft Collections & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. Some listings may contain third party audio/video content (“AV Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by Urban Craft Collections or the providers of the AV content as to its accuracy or completeness.The User agrees to the use of any content or information provided to UCC/Urban Craft Collections for promotional, marketing, and publicity purposes without any compensation. Where you provide us with voice samples or voice recordings to generate voiceovers for video listings, you provide us with a royalty-free, irrevocable, worldwide, sublicensable, and transferable right and licence to use, modify, and further develop the voice samples and voice recordings in a manner that Urban Craft Collections deems fit. In case a User is covered under the RERDA, it shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing. The User shall disclose all material information as required by LMA and in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User shall disclose all material factual information as regarding the property being advertised, its correct dimensions as also in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, UCC may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. UCC may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, UCC may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. UCC will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website or the Urban Craft Collections website. UCC shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on Urban Craft Collections and UCC shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees

(a) To represent and warrant that all Properties and associated information provided by the User will be accurate; (b) That the User will not permit the posting of a property on Urban Craft Collections under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;

UCC shall place the information relating to properties at defined sections of Urban Craft Collections or such other mirror or parallel site(s). UCC reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User’s website or on Urban Craft Collections without notice. UCC accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While UCC shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Urban Craft Collections.

Users, who are buying/renting property/properties through Urban Craft Collections, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on Urban Craft Collections merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.

Content

We employ proprietary and third-party AI tools to identify and address harmful content on our platform. These tools are designed to take reasonable efforts towards detecting violations of platform terms and applicable laws, including harmful behavior such as speech that violates our platform terms. Automated moderation may operate automatically or with human oversight, depending on the complexity of the content and internal guidelines. Based on the output of technological moderation, content may be approved, rejected, or escalated to a second level of review by human moderators. These tools rely on third-party services to provide the detection and moderation capabilities.

Our automated tools function as part of a multi-layered moderation process. Please note that users have the right to raise grievances or appeal moderation decisions in accordance with our platform terms [ Grievances ] and such feedback will be reviewed in accordance with established timelines, including by human moderators where necessary.

These tools are part of our ongoing efforts to improve moderation capabilities and ensure compliance with legal and platform standards. While we endeavour to maintain accuracy and fairness, no system is perfect. The measures are implemented on an “as is” basis, and we will continue to refine them in collaboration with external service providers to better protect our community.

Payment Terms

Payments for the Services offered by Urban Craft Collections shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Urban Craft Collections. UCC offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that UCC/Urban Craft Collections, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to UCC under any other agreement or commercial relationship towards other products/services. Urban Craft Collections gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Urban Craft Collections undertakes no liability for free Services. Urban Craft Collections reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

Urban Craft Collections uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Urban Craft Collections does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Urban Craft Collections, once a credit card transaction has been completed, the payment information is not accessible to anyone at Urban Craft Collections after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.

Urban Craft Collections shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Refund in failed transactions

Though UCC payment reconciliation team works on a 24 x 7 basis, UCC offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Urban Craft Collections.

If you utilize Urban Craft Collections in a manner inconsistent with these terms and conditions, UCC may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

CPL Marketing Campaigns with Developers and Agents/Brokers

In case of CPL marketing campaigns, UCC shall endeavor to deliver agreed number of leads at agreed cost per lead.
In case of CPL marketing campaigns UCC reserves right, in its sole discretion, to decide and deploy the channel/product for advertising to generate leads.
UCC reserves right at its sole discretion, to stop any campaign on either completion of its obligation for leads delivery or upon non receipt of amount as stipulated under agreed terms.
UCC neither guarantees nor participates in nor is privy to potential conversion of delivered leads or any possible transactions as a consequence thereof in any manner whatsoever. UCC is an intermediary under the provisions of IT act 2000. A lead is contact details of a user who has consented to be contacted about UCC advertised properties or projects or other similar properties.
Any advance or amount received against such invoice is non-refundable.
The customer agrees to strictly adhere to applicable data privacy law with respect to the leads delivered by UCC.
UCC shall not be liable for any loss, direct or indirect, to anyone on account of any reason whatsoever.
If the same lead(s) is generated for the same project within 30 days of the 1st unique lead generation date, UCC will consider the recurring lead(s) as duplicate and not charge the duplicate count. In all other scenarios, lead will be considered as unique.
The customer shall be responsible for the protection of personal data contained in all leads, as per applicable law, and it understands that the limited consent obtained by UCC is for the purposes of enabling it to share the lead with the Customer.

Video Community Guidelines

User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:

• Video should be original, free from any copyright issue

• Video should not contain any personally identifiable information of the User/Agency

• Video content should not be obscene/inappropriate

• Video should not contain language which is detrimental to any community/segment

Video Content Screening

Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing.

Additionally, the video screening process shall also be carried out in the following cases:

• User reporting the video to toll free/email ids

• Infringement claim by agent/user

The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform.

Agents shall have the option to edit or remove videos during the course of the listing duration.

Urban Craft Collections shall utilize 3rd party services such as You-tube for hosting and streaming these videos. While doing so, the site and the users on the site shall be compliant with respect to You-tube Terms of Service https://www.youtube.com/t/terms and Youtube API Services – Developer Policies.

Use of Information

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (“Content”) as proprietary to Urban Craft Collections. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Urban Craft Collections. Urban Craft Collections does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.

User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

Intellectual property rights

All logos, brands, trade marks and Service marks (“Marks”) appearing in Urban Craft Collections are the properties either owned or used under license by UCC and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with UCC / its associates. The access to Urban Craft Collections does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

UCC respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. UCC shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Urban Craft Collections as a platform to infringe the Intellectual Property Rights of others, UCC will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access Urban Craft Collections, UCC grants the Users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

Restrictions/Prohibitions

1. The following actions will inter alia constitute a misuse of Urban Craft Collections and are strictly prohibited:

a. Utilising the Services offered by Urban Craft Collections in any manner so as to impair the interests and functioning of UCC/Urban Craft Collections and which is non-compliant with laws and regulations including RERDA.

b. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on Urban Craft Collections and/or any services or products of the UCC, in any manner or for any purpose which is not, consistent with in accordance with the Terms of Use.

Users are expressly prohibited from using or exploiting Urban Craft Collections and/or any content or data provided therein for:

• Any commercial purposes such as creating alternate databases, extending access to Urban Craft Collections to third parties without prior written consent of the UCC; and/or

• Undertaking any business activity which is in competition with the business of UCC; and/or

• Sharing access with persons who are not contracted with the UCC.

• Reselling the products/services offered by the UCC.

c. (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from Urban Craft Collections;

d. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of Urban Craft Collections or any of the services or products offered on or through Urban Craft Collections which are not intended for you; (b) any server, website, program or computer systems of the UCC or any other third parties and/or Users;

e. Modifying the services provided through Urban Craft Collections or their appearance using any technology or overlay any additional offering on top of such services or simulate Urban Craft Collections’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at info@urbancraftcollections.com

f. Accessing Urban Craft Collections through interfaces other than those expressly provided by UCC;

g. Attempting to breach or breaching any security or authentication measures set up by the UCC in relation to Urban Craft Collections and/or attempting to probe, scan or test the vulnerability of the UCC’s system or network;

h. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from Urban Craft Collections (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the UCC;

i. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;

j. Circumventing or attempting to circumvent any technological protections used or employed by the UCC or by any third party in order to protect the content on Urban Craft Collections and/or to exclude robots, spiders etc. from crawling and /or scraping content from Urban Craft Collections.

k. Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers

l. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of Urban Craft Collections or any computer networks connected to Urban Craft Collections, by any other User;

m. Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from Urban Craft Collections without explicit consent obtained in writing by approach us at info@urbancraftcollections.com

n. Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;

o. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;

p. Stalking, threatening, or in any manner harassing any other User;

q. Imposing an unreasonable or disproportionately large load on Urban Craft Collections’ infrastructure;

r. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of Urban Craft Collections (or any part thereof) and providing deep links into Urban Craft Collections (or any part thereof) without prior permission of UCC;

s. Spamming Urban Craft Collections/UCC or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

t. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

• Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;

• Belongs to another person and to which you have no right;

• Infringes, breaches or otherwise contravenes the rights of the UCC or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;

• Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of Urban Craft Collections, or any other computer system or resource;

• Is grossly harmful, harassing, invasive of another’s privacy including bodily privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing basis of gender, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever;

• Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;

• That deceives or misleads the addressee about the origin of such messages or communicates any Misinformation or information which is grossly offensive or menacing in nature;

• That harms minors in any way;

• That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

You hereby expressly agree not to:

Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Urban Craft Collections to any other system. No reproduction of any part of Urban Craft Collections may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Urban Craft Collections, whether in hard copy or electronic format, including postings to any other Urban Craft Collections; or
Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Urban Craft Collections or link to Urban Craft Collections, without our express written consent.

Violations of system or network security may result in civil or criminal liability.

Links to third party web sites

Urban Craft Collections may provide links to other third-party World Wide Web sites or resources. UCC makes no representations whatsoever about any other Web site you may access through Urban Craft Collections.

Disclaimer and warranties

Urban Craft Collections is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF Urban Craft Collections IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

UCC and third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of Urban Craft Collections.

Views expressed by the Users are their own, UCC does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. UCC does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

UCC offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to UCC/Urban Craft Collections are solely for the purposes of display of the property advertised.

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. UCC does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in UCC or any of its Affiliates. Further, nothing contained in Urban Craft Collections should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and UCC makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

Urban Craft Collections is controlled and operated from India and UCC makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Urban Craft Collections from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

UCC offers products, Services, content and various other functionalities through Urban Craft Collections and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. UCC does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Urban Craft Collections may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that UCC intends to announce, launch or provide such products, programs or Services in your country.

Limitation of liability

UCC will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Urban Craft Collections web portal, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

UCC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User’s data/information. UCC shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.

For the purposes of the Consumer Protection Act, 2019 (CPA), the term Consumer will be limited to paid Customers who have not subscribed to Urban Craft Collections for purposes of commercial gain (business purposes) and their intent to utilize the services for individual use only.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of UCC (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon UCC.

UCC will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to UCC to be placed on the website by technical or any other means is not the responsibility of UCC and UCC does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on Urban Craft Collections website or any of its other websites / domains owned and operated by UCC.

Termination

UCC may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Urban Craft Collections (or any part thereof) for any reason, including, without limitation, that UCC based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

Indemnification

Submissions and unauthorized use of any information(s)/materials contained on Urban Craft Collections may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, UCC and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Urban Craft Collections material or your breach of these terms and conditions or any applicable law.

UCC will not be party to any legal proceedings between parties contracted through these Services. In case UCC is sought to implicated in any legal proceedings, costs will be recovered from the party that names UCC as a party to such proceedings. UCC shall abide with any court order served on it through due process.

Privacy Policy

The Privacy policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the Privacy policy , additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the user.

Terms of use for Users

• When you indicate your interest in a Real Estate Listing or express interest in related services on Urban Craft Collections, you authorize Urban Craft Collections to contact you (even though you may have registered with NDNC/DNC), and are sending your profile consisting of your personal details and application information including relevant documents to Urban Craft Collections, and you are requesting and authorizing Urban Craft Collections to make available such information contained in your response to the applicable Advertiser/seller(s) for such Real Estate Listing(s). You provide consent for your data to be provided to such Advertisers/service providers and others, who may further contact you over the phone/email/whatsapp etc. Please note that our privacy policy does not govern the use of your data by third parties once it is shared.

• In addition, by using Urban Craft Collections, you agree that Urban Craft Collections is not responsible for the content of the Advertiser/seller’s/broker’s/builder’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.

• You consent to your application, documents and any responses sent to you by the Advertiser/seller or vice versa through Urban Craft Collections being processed and analyzed by Urban Craft Collections according to these terms of use and Urban Craft Collections’s privacy policy. Urban Craft Collections shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not. Urban Craft Collections may use your application materials (including public profile consisting of your personal details and responses to advertiser/seller’s questions) to determine whether you may be interested in a Real Estate Listing, and Urban Craft Collections may reach out to you by way of calls/SMS/Emails etc. about such Real Estate Listing or other similar properties of a like nature (even though you may have registered with National Preference Register (NCPR).

• Information you post in public areas of Urban Craft Collections sites or applications or make visible in your profile, may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While Urban Craft Collections takes measures to safeguard your information from unauthorized access or inappropriate use, Urban Craft Collections does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of Urban Craft Collections or application or to a public website.

• Additionally, it shall be the sole responsibility of the user to ensure that it uses the ‘Opt-out’ options as it deems fit to debar / refuse access of the data fed by it, to dealers. UCC shall not be responsible for such insertions / data being accessed by its subscribers or users whose access has not been specifically blocked /debarred by the user while using the privacy settings.

• In order to use Urban Craft Collections, you may sign up using your email & username, an auto generated password will be sent your email. Using this username and password you can sign in to our portal and start adding properties.

Terms of conditions specific for dealers/ builders/ banks/Payment Gateways

• You will comply with all applicable Data Protection Laws in relation to the Processing of personal data; and not process personal data which is irrelevant, in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions

• You shall implement adequate technical and organizational controls to protect the shared personal data obtained from Urban Craft Collections against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure

• You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable the privacy law as applicable) in an expeditious and compliant manner

• You agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared

• You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from Urban Craft Collections to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.

• You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.

Arbitration

If any dispute arises between a user/users and UCC arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Alappuzha. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

Severability of provisions

THIS AGREEMENT between you and UCC governs your use of Urban Craft Collections. If any provision of these Urban Craft Collections terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

Waiver

The failure of UCC to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

Governing law

By accessing Urban Craft Collections you agree that the laws prevailing in India shall be the governing laws in all matters relating to Urban Craft Collections as well as these terms and conditions.

Jurisdiction

Courts at Alappuzha, India alone shall have the exclusive jurisdiction in all matters relating to Urban Craft Collections and these terms and conditions, irrespective of the territory and jurisdiction of your access to Urban Craft Collections.

UCC does not routinely monitor your postings to the web site but reserves the right to do so. However, if UCC becomes aware of an inappropriate use of Urban Craft Collections or any of its Services, UCC will respond in any way that, in its sole discretion, UCC deems appropriate. You acknowledge that UCC will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, UCC will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

UCC reserves all other rights.

Grievances

In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints to our mail: info@urbancraftcollections.com.

Amendment

Please report any violations of these terms and conditions to UCC at info@urbancraftcollections.com