1. General

1. This document is an electronic record generated by a computer system in terms of information technology act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes. This electronic record does not require any physical or digital signatures.
2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.PropSun.com.
3. The domain name www.PropSun.com is owned and operated by PropSun Properties & Loans having its office at 18, Kalapurnam Complex, Navrangpura, Ahmedabad, where such communication shall be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
4. For the purpose of this privacy policy, wherever the context so requires,
   1. The term ‘You’ and ‘User’ shall mean any legal person or entity accessing or using the services provided on this Website.
   2. The terms ‘We’, ‘Us’ and ‘Our’ shall mean the Website and/or the Company.
   3. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively.
   4. The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner and have no legal or contractual value, and shall not be used by either Party to interpret the provisions contained herein in any manner.
   5. The use of the Website by the User is solely governed by this Policy as well as the Terms of Use of the Website (“Terms”, available at www.PropSun.com ), and any modifications or modifications made thereto by PropSun from time to time, at its sole discretion. The User specifically agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry/ termination of either one will lead to the termination of the other.
   6. The User unequivocally agrees that this Policy and the aforementioned Terms constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into the Terms, and shall be treated as part of the same. The User acknowledges and agrees that no signature is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting any part of the Website constitutes the User’s full and final acceptance of the Policy and the aforementioned Terms.
   7. The Parties clearly agree that the Company retains the sole and exclusive right to alter or modify the Policy and the aforementioned Terms without any prior permission or intimation to the User, and any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms, and stay updated on their provisions and requirements. If the User continues to use the Website following such change, the User will be deemed to have consented to any and all amendments made to the Policy and Terms. So far as the User complies with the Policy and Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Website.

2. GATHERING OF PERSONALY IDENTIFYING DATA AND OTHER INFORMATION

1. The Company collects and stores the User’s personal information, which is provided by the User from time to time on the Website, including but not limited to the User’s name, passwords, email address, name, address, age, sex, nationality, preferences, browsing history, etc., as well as any images or other information uploaded/ published by the User on the Website, as per acknowledged by the User. The User is aware that this information will be used by PropSun to provide services and features targeted at the User, that are most likely to meet the User’s needs, and also to customize and improve the Website for making its user’s experiences safer and easier.
2. The User is aware that the Website may automatically track certain information about the User based upon the User’s IP address and the behaviour on the Website to better understand and cater to the interests of its users. The User is expressly made aware that such information may include the URL that the User visited prior to accessing the Website, the URL which the User subsequently visit, the User’s computer and web browser information, the User’s IP address, etc.
3. If the User chooses to post messages / reviews / feedbacks anywhere on the Website, including but not limited to message boards, chat rooms, blogs, etc., he/she is aware that any and all such information posted will be collected and stored by the Company indefinitely, and may be used to resolve disputes, avail customer support, troubleshoot problems, etc. Also, the User is aware that such information, if requested, may be provided to judicial or governmental authorities of requisite jurisdiction.
4. The User is aware that any and all information pertaining to the User collected by the Company, whether or not directly provided by the User to PropSun, including but not limited to the User’s activities or postings on the Website, etc., may be collected and complied by the Company / Website into a file/folder specifically created for/allotted to the User, and the User hereby expressly consents to the same.
5. The User is aware that while he / she can browse some sections of the Website without being a registered user, certain activities require the User to provide valid personal information to PropSun. Such information may be used to send the User offers and promotions, whether or not based on the User’s interests, and the User hereby expressly consents to receiving the same.
6. The User is expressly aware that the Website may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like pin code, age, income bracket, sex, etc.). The User is aware that this data is used to customise the Website for the benefit of the User, and providing all users of the Website with services that PropSun believes they might be interested in availing of, and also to display content in line with the User’s preferences.
7. The User is further aware that PropSun may occasionally request the User to write reviews for services availed of by the User from the Website, and also reviews for the various sellers listing their projects on the Website. The User hereby expressly authorises us to publish any and all reviews written by the User on the Website, along with the User’s name and some contact details, for the benefit and use of other Users of the Website.
8. Nothing contained herein shall be deemed to compel PropSun to store, upload, publish, or display in any manner content / reviews / surveys / feedback submitted by the User. The User hereby expressly authorises us to remove from the Website any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.

3. COOKIES

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. The Website uses cookies to help the Company/Website to identify and track visitors, their usage of website, and their website access preferences. The Users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the Website, with the drawback that the User may consequently be unable to use certain features on the Website.

4. SHARING OF PERSONALLY IDENTIFIED DATA

1. Hereby You expressly agree that the PropSun may use your personal information to contact you and deliver information to you that, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, forum comments and reviews, your portfolio related updates, and communications relevant to your use of this website. By accepting this Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, you may opt out of the receipt of certain communications in your profile.
2. The User is aware that the PropSun may share the User’s personal information with other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of the Website’s services; and to facilitate joint or co-branded services, where such services are provided by more than one corporate entity.
3. The User is aware that the PropSun may disclose personal information if required to do so by law or if the Website / Company in good faith believes that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal processes. The Website / Company may also disclose the User’s personal information to law enforcement offices, third party rights owners, or other third parties if it believes that such disclosure is reasonably necessary to enforce the Terms of Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protects the rights, property or personal safety.

5. DISCLAIMER OF WARRANTIES AND LIABILITIES

1. Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an ‘as is’ basis without any warranty whatsoever, either express or implied.
2. The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and rate of a product for a particular purpose.
3. The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
4. The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
5. The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
6. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

6. THIRD PARTY ADVERTISEMENTS / PROMOTIONS

The User is aware that PropSun uses third-party advertising companies to serve ads to the users of the Website. The User is aware that these companies may use information relating to User’s visiting to the Website and other websites in order to provide customized advertisements to the User. Furthermore, the Website may contain links to other websites that may collect personally identifiable information about the User. The Company / Website is not responsible for the privacy practices or the content of any of the aforementioned linked websites, and the User expressly acknowledges the same and agrees that any and all risks associated will be borne entirely by the User.

7. DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of this Policy and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (ADR) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Policy and/or Terms.

1. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below:
2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Ahmadabad in the state of Gujarat, India. The Parties expressly agree that the Terms, Policy and other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Ahmadabad shall have exclusive jurisdiction over any disputes a