TERMS OF USE

RESO, on behalf of itself and its affiliates/group companies under the brand “RESO” (“RESO”), is the author and publisher of the internet resource www.reso.co.in (“Website”). RESO owns and operates the services provided through the Website. Please carefully go through these terms of use (“Terms”) and the privacy policy available at https://www.reso.co.in/#/ (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by RESO. These Terms of Use and Privacy Policy together constitute a legal agreement (“Agreement”) between you and RESO in connection with your visit to the Website and your use of the Services (as defined below).

AGREEMENT TO TERMS 

By using the www.reso.co.in website, you signify your assent to be bound by these conditions. In addition, when you use any current or future ww.reso.co.in service (“RESO Service”), you will also be subject to the terms of use, guidelines and conditions applicable to that RESO Service (“Terms of Use”). The Services may change from time to time, at the sole discretion of RESO, and the Agreement will apply to your visit to and the use of the Website to avail the Services so provided, as well as to all the information provided by you on the Website at any given point in time. This Agreement defines the terms of use under which you are allowed to use the services provided in the website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any question(s) about any part of the Agreement, feel free to contact us at [email protected]. By use of the Services, you irrevocably accept all the conditions stipulated in this Agreement, the Terms of Use and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms of use (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service mentioned in the website, you signify your acceptance of the terms of this Agreement. Your act of continuous usage of the Website following any modification will amount to an agreement to follow and also be bound by the Agreement so modified. Therefore, by such act of continuous usage following any modification, you will be made subject to and be deemed to have been made aware of and also to have accepted, the changes in the revised Terms of Use. The information/services provided on the website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

1. 1. 1. The Indian Contract Act, 1872,
      2. The (Indian) Information Technology Act, 2000, and
      3. The rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”)

ELIGIBILITY, RESTRICTION AND UNDERTAKING

1. 1. 1. The User represents that it is either a body corporate duly incorporated under the laws of India or a citizen of India with capacity to contract under the laws of India. 
      2. The User understands that they are permitted to ODR services on the portal, , subject to the User’s assurance of not doing the following actions under any circumstances: 
         1. Use or attempt to use RESO’s services by automated means, such as automated bots, or perform any action against RESO’s services, which may cause or potentially risk an unreasonably or disproportionally load on the servers or network infrastructure of RESO; the forgoing will not be applicable to any action taken by a User with the prior consent of RESO.
         2. Bypass or trespass any computer software or system used by RESO which intents to distinguish human input from machine input, avert and prevent spam or automated extortion of data, robot prevention headers or other measures which provide restrain to access of ODR Services or data contained and withheld in the Website or the Portal, or use any software, device or technology to overload, hinder, slow down or scrape the Website, Platform or the systems of RESO or accumulate or manipulate data of RESO or any Users of the ODR Services.
         3. Provide faux, deceptive, deluding, counterfeit or inaccurate evidence fabricated purposefully, testimony or witness statements or use the ODR Services for any illegal, unethical or unlawful purpose and intent.
         4. Engage in activities or communication or post any material on the Platform or Website that is offensive, explicit, abusive, obscene, defamatory, sexist, casteist, racist, pornographic, inciting violence or otherwise threatens, intimidates and profanes any or an individual group on the basis of religion, gender, sex, sexual orientation, race, caste, ethnicity, nationality, age, or disability.
         5. Misuse of another individual User’s account on the Platform without granting authorization or permission; to clarify, in case of a User with multiple accounts, all shall be deemed to be the same and hold the User accountable.
         6. Provide fabricated, misleading, inappropriate, inaccurate and or false information during account registration.
         7. Attempts of utilising, destabilising and/or interfering with provided functioning of ODR Services in means other than which RESO provides.
         8. Link or publish article, material and/or content intended or mal-intended to damage, disrupt, corrupt or hinder another User’s browser or computer.
         9. Attempts to download, print, sell, archive, display, clone, mimic, enhance, deconstruct, decompile, reverse engineer, exploit or infringe upon commercially or otherwise, create extracted or derivative works from, create copies and/or archives of the Platform, the Website or any other copyright content for any purpose, except as explicitly permitted as sanctioned and/or authorised by RESO and ODR Services.
         10. Assist the use or misuse of the Platform, the Website or the ODR Services to or by the benefit of any unauthorised external or third parties.
         11. Threaten, intimidate, harass, harm, threaten, abuse, impersonate, deceive or jeopardize any other person or entity through the use of the Platform, the Website or the ODR Services.
         12. Infiltrate, permeate, hack or seek to gain unauthorised access to, or compromise the standing and integrity of the Platform or Website.
         13. Attempt to breach and/or bypass the security of software, network, structures, servers, data, computers or other hardware or which relates to the Website or the Portal of any external third parties interfacing or hosting along any part of the Website or the Platform.
         14. Violate abuse or misuse any applicable local, state, national or international law or regulation
      3. The User acknowledges and agrees that:
         1. The User is unaware of any ground to believe that it will derive or withdraw any mala fide or illegitimate benefit received by use of ODR Services, the Platform or the Website in relation to the active Disput
         2. The User is firmly and solely liable to RESO for the service fees associated with the use or application of ODR Services in relation to the active Dispute, despite any outcome of such application or use of the ODR Services.
         3. The User has all required equipments, systems, information, resources, connectivity, understandings, technologies and awareness to use the ODR Services to the active Dispute in a fair, proper, just and transparent manner.
         4. RESO shall not be responsible for any malfunctions, dysfunctions, errors, crashes, or other hindrances or adverse events that are solely attributable to the User’s use of the Platform or the Website.
         5. The Website, Platform or any software owned, developed or used by RESO Technologies in relation to the ODR Services and all right, title, entitlement and interest in such Platform, Portal and Technologies shall be the sole property of RESO and any licensors of RESO.
         6. The User’s use of, access to, or reach into the Website, Platform, Technologies, hereunder constitute a restricted/limited license from RESO to the User, to utilise the ODR Services made available on the Platform in relation to the Active Dispute as considered hereunder, and that the User has no other right or interest in, authority or claim over the Website, the portal, the Technologies or any other intellectual property of RESO whatsoever.
         7. RESO does not attempt to solicit or exhort nor does it wish to receive any information that is confidential, secret or proprietary information, personal information and data or other material from the user through the platform by e-mail or through any other means or devices which is not required for resolving an Active Dispute. Any confidential, secret, or proprietary information, personal data, personal or intellectual ideas, concepts, structures, systems, designs, plans, techniques or similar entities submitted or sent by the User to RESO, in relation to or in accord with an Active Dispute (User Content) through the Platform, by e-mail or any devices and means or way are subject to any applicable privacy obligations of RESO under the Privacy policy or any separate written agreements input, inserted or entered by RESO, with the User. RESO does not review, rewrite, filter, monitor or edit User Content posted, uploaded or otherwise made available to any other person, entity, device, on or through the Platform; however, RESO reserves the right without assuming obligation at its sole discretion, refuse, leave, screen-out, filter, or remove any User Content, in half or whole part which does not comply with these Terms of Use, is illegal, or otherwise undesirable, reproachable or inappropriate from any members’ forum, public domain, boards, forums or feedback section on the Website or the Platform, which can be accessed by persons besides the User, RESO and DRP.

GOVERNING LAW

This Agreement and the rights and obligations of the parties under this Agreement will be construed and interpreted as per the laws of the country of India, excluding its conflict and choice of law principles.

SEVERABILITY

This Agreement will be construed in a manner that renders its provisions valid and enforceable to the maximum extent possible under applicable law. To the extent that any provisions of this Agreement are determined by a court of competent jurisdiction to be invalid or unenforceable, such provisions will be deleted from this Agreement or modified so as to make them unenforceable and the validity and enforceability of the remaining provisions and this Agreement shall remain to be unaffected.

NATURE OF RELATIONSHIP

There is nothing in this Agreement that creates a joint venture, relationship of partnership, or agency between the Council DRP and the user. Accordingly, except as expressly authorized under this agreement, neither party has authority to pledge the credit of or make any representations or give any authority to contract on behalf of another party.

MINOR/CHILDREN

As per Indian Contract Act, 1872, any contract with a Minor is Voidable at his option within one year after attaining majority. Therefore, the website is intended for Users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the services mentioned in the website. This website does not intend to collect any personal information of a Minor (i.e., a person of under 18 years of age), unless the same is required to be collected under the specific circumstances relating to a particular User a particular service of this Site. In that case also, the personal information of a Minor shall be collected with the prior consent of his legal guardian as per the applicable laws prevailing at that point of time.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and competition laws of the country, foreign jurisdictions, and international conventions. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted access to and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

1. 1. 1. By using the Site, you represent and warrant that:
      2. All registration information you submit will be true, accurate, current, and complete;
      3. You will maintain the accuracy of such information and promptly update such information as necessary;
      4. You have the legal capacity and you agree to comply with these Terms of Use;
      5. You are not under the age of 18 years;
      6. Not a minor in the jurisdiction in which you reside {or if a minor}, you have received parental permission to use the Site;
      7. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
      8. You will not use the Site for any illegal or unauthorized purpose;
      9. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) and take the appropriate legal action .

USER REGISTRATION 

You may be required to register on the website by creating your account. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a Username you select if we determine, in our sole discretion, that such Username is inappropriate, obscene, or otherwise objectionable.

MODE OF DISPUTE RESOLUTION

If any dispute arises between the website and the User, first attempt shall be to settle the dispute through mutual and amicable consultation. In the event of the settlement not being reached, the matter will be referred for Arbitration to the Delhi High Court Arbitration Centre. The decision of the Arbitrator shall be final and binding on both parties.

LIMITATIONS OF LIABILITY

We do not warrant that your access to the platform will be uninterrupted or error-free, that defects will be corrected, or that the platform or the server on which the platform hosted is free of viruses or other harmful components. Access to and use of the platform and the information provided herein is at your own risk and we do not undertake any accountability for any irregularities, viruses or damage to any computer or device that results from accessing, availing or downloading of any information from the platform. We do not warrant or make any representations regarding the use of or any consequences resulting from the use of any product and / or service availed in terms of its compatibility, correctness, accuracy, and reliability or otherwise. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including loss of profit, loss of revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. You assume total responsibility and risk for your use of the platform and all platform-related services.

AMENDMENT

The Council shall have the power to amend the agreement if it deems fit, and the agreement so amended must be in writing, and shall be signed by the professional and any person authorized by the council.

PRIVACY POLICY 

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in India.

PAYMENT INFORMATION 

If you choose to avail any of our services through the platform, our third-party payment processors will collect your payment information. We do not store your payment information in our system.

DISCLOSURE OF INFORMATION

(See Rules 4 and 6 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. We may share your information:

1. 1. 1. In response to a request for information by a competent authority if we believe disclosure is in accordance with or is otherwise required by, any applicable law, regulation, or legal process;
      2. With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our Terms, other terms and conditions and this Policy, or to protect our rights, property, or safety or that of others;
      3. If disclosure is intended to help investigate or prevent unauthorized transactions or other illegal activities;
      4. If necessary or appropriate to protect our rights or property, or the rights or property of any person or entity;
      5. If we otherwise notify you and you consent to the sharing;
      6. We may share your de-identified personal information with third parties to enable them to run statistical research on individual or aggregate trends;
      7. We share personal information and traffic data with our business partners who assist us by performing core services (such as consultations, maintenance of site, hosting, billing, fulfillment, or data storage and security) related to our operation of the platform and/or by making certain interactive tools available to our Users. Those business partners shall be bound to uphold the same standards of security and confidentiality that we have promised to you in this Policy, and they will only use your personal information to carry out their specific business obligations to RESO.

We do not sell exchange, transfer or give your information to third parties for any reason whatsoever except hereinabove mentioned and to the extent required for fulfillment of our services.

TERM AND TERMINATION

These terms of use shall remain in full force and effect while you use the site. Without limiting any other provision of these terms and conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP Addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

DISCLAIMER

The website is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the website’s content or the content of any websites linked to our website and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site, (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. We do not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the site, any hyperlinked website, or any website, featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any reason beyond our control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use or use of the Site. You agree that these terms of use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use. AS WITH THE PURCHASE OF SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE If the foregoing limitation is held to be unenforceable, our maximum liability to you shall not exceed the amount of fees paid by you for the products or services that you have availed through the platform. The possibility exists that the platform could include inaccuracies or errors. Additionally, the possibility exists that unauthorized additions, deletions or alterations could be made by third parties to the platform. Although we attempt to ensure the highest level of integrity, correctness and authenticity of the platform, we make no guarantees whatsoever as to its completeness, correctness or accuracy. In the event any inaccuracy arises, please inform us at [email protected] so that it can be corrected.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site;(3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other User of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

CONSENT

I acknowledge that I have read, and do hereby accept the terms and conditions/ terms of use contained in the Online Branch Disclosure and the Electronic Statement (E-Statement) Consent Agreement. BY CLICKING “I AGREE TO THE TERMS AND CONDITONS” OR “TERMS OF USE”, I CONFIRM THAT (1) I AM 18 YEARS OF AGE OR OLDER (2) I AM LEGALLY ENTITILED TO ENTER INTO THIS CONSENT ON MY OWN BEHALF (3) I HAVE READ, CORRECTLY UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS CONSENT AND (4) IT IS MY INTENTION, AMONG OTHER THINGS, TO ENTER INTO THIS AGREEMENT.