Definitions

• • OSP Platforms are defined as any Mobile Application / Web Portal under OSP’s Control, whether partial or otherwise (including, without limitation, Website, Mobile Application, and the Web Portal (“Platform”) from which these terms of use were accessed from) and include the OSP Services. The terms “OSP”, “We”, “Us”, “Ours” shall mean One Stop Property Solutions Pvt Ltd. and its affiliates.
  • Services are defined as the services offered by OSP to the public enrolled on the Platform through OSP Platform or as listed on the OSP Platform (“Services”).
  • OSP Services are defined as the Services offered by OSP including creating and maintain user accounts on the Platform, OSP seamlessly connects the community and the residents, facility management, security personnel, daily help, visitors, and Service Providers, with a view to improving the security and convenience, and any other service that is made available on the Platform from time to time (“OSP Services”).
  • Users are defined as the duly registered Unit Owner/Housing Society, opting for OSP Services, having willfully registered with OSP to provide their services (“You”/ “Your” / “User”).
  • Payments are defined as any and all payments made by the User to OSP for services provided through the Platform.
  • Payment Gateway is defined as the payment aggregator/bank’s payment gateway through which the transactions shall be routed through.
  • Wallet is defined as a Digital Wallet provided on the Platform to facilitate and store your payment details and payments, which shall be used to receive payment for the facilities provided on the Platform.

Privacy Policy

Please review our Privacy Policy, which also governs Your visit to the Platform, to understand our practices. The personal information/data provided by You during the course of usage of Platform will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. OSP shall be entitled to use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes through any social media platform, internal and external access, sale of such data etc. If You object to Your information being transferred or used, PLEASE DO NOT USE THE PLATFORM IN ANY MANNER WHATSOEVER.

Statement of Services

The Platform is developed by OSP with the intention to provide the Users with comprehensive security management, ultimately helping the Users to keep their building/place of residence/place of business, secure. Further, through its Platform, OSP seamlessly connects the community and the residents, facility management, security personnel, daily help, visitors, and Service Providers, with a view to improving security and convenience. The Platform ensures that the Users are always in charge of the security of their premises and endeavors to help the Users in taking necessary and appropriate security measures, if and when required. Please note that neither the Platform nor OSP, through the use of the Platform, intends to replace the security of the premises or claims to provide any security for the premises. The Users are responsible for hiring and managing the security of the premises on their own and OSP does not play any role in the same. The Platform is created solely for the purpose of helping the security personnel, already in place, to further secure the premises by controlling the visitors.

OSP Services

Through its Platform, OSP provides the following services:

• to create a personalized account containing your contact information, email-id, etc. based on information you provide;
• Guest information: Name, Phone No., photograph of the guest and the resident flat to be visited;
• Service providers: For service providers such as plumbers, electrician, manager, housekeeping, gardeners etc., the name, phone number, resident flat to be visited (if any),vehicle number (if any), entry/exit time, identity proof, visit purpose and photograph, may be collected subject to explicit consent by the user. If the User wishes to create specific profile of such staff, then subject to explicit request/consent of the User, profiles for such staff shall be created. For security reasons, some personally identifiable information of service providers including delivery executives is taken at the gate as per the appropriate local laws;
• to enable you to provide feedback, and contact our customer service in case of any problem with the services;
• to conduct surveys, make promotions, advertise and to provide the results thereof such as success stories etc;
• to provide information about you and your experience to further promote our Platform etc;
• to generate internal reports about the use of our Platform and many more related uses;
• Any other service that is made available on the Platform from time to time subject to the scope of services specified hereinunder.

Your Registration Obligation

In consideration of your use of the Platform, you represent that you are eligible to form a binding contract and are not a person barred under the laws of India or another applicable jurisdiction. You also agree to provide:

• Provide true, accurate, current, and complete information as asked during registration (“the registration data”).
• Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or OSP has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, OSP has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). OSP is concerned about the safety and privacy of all its users.

Platform use through mobile device:

Use of these Services may be available through a compatible mobile device using Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees for SMS messages, data plans, and general usage, as well as the terms of your agreement with your mobile device and telecommunications provider. OSP makes no warranties or representations of any kind, express, statutory or implied as to:

• the availability of telecommunication services from your provider and access to the services at any time or from any location;
• any loss, damage, or other security intrusion of the telecommunication services; and
• any disclosure of information to third parties or failure to transmit any data, communications or settings connected with the services.

Product License

• Subject to User's compliance with the Terms of Service, OSP grants the User a limited, non-exclusive, non-transferable license: (i) access the functionalities of the Platform for User's personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which User is permitted access solely for User's use. User shall have no right to sublicense the license rights granted herein.
• The User will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the Terms of Service. No licenses or rights are granted to User by implication or otherwise under any intellectual property rights owned or controlled by Service Provider or its licensors, except for the licenses and rights expressly granted in the Terms of Service. The Product and the intellectual property rights vested therein are owned by OSP.

Explicit Consent

By using our Platform, you explicitly consent to use the information provided by you/your society/your security, allowing it to keep a track of the persons visiting, provide the users with additional communications, information and promotions and also enabling the Platform to collect feedback, surveys, and questionnaires from the users. The Platform will use the user data to provide information to the user about visitors to their premises, including the visit purpose. The Platform may collect additional information at other times, including but not limited to, when the users are asked to give feedback, comments or when the user want to change their registered email id or mobile number. The Platform will not disclose the Contact Information such as mobile number, email address and other related information provided by a user unless a request made by the society/security is accepted by the user. Only a portion of the primary information of the account will be displayed on the Platform. It is guaranteed by the Platform that OSP will take all necessary measures to safeguard personal information from unauthorized access or inappropriate use by third parties.

Your use of the Platform

As an end user of the Platform and recipient of the services, you agree to the following conditions of use:

• You are solely responsible for the personal information you provide on the Platform, and you are requested to use your discretion in providing such information;
• The services provided on the Platform will depend upon the information you provide on the Platform and the services opted for by you. You will provide accurate and complete information everywhere on the Platform, based on which you will receive the Services;
• You will be solely responsible for all access to and use of the Platform by anyone using the password and identification originally assigned to you whether or not such access to and use of the Platform is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you;
• The information provided by you may be used by us for the purpose of Services including analysis, research, training and disclosure (where required) to our affiliates, group companies, agents and government authorities, etc;
• The information provided by you can be retained by us and can be used for internal and external purposes, for the sale of such data collected without revealing your identity, as per our Privacy Policy;
• The Services availed by you via the Platform are an extension of the security measures provided by your premises’ actual security. The Platform only facilitates and enhances the security of your premises and bears no responsibility for the outcome of any such Services obtained by you.
• You may view and access the content available on the Platform solely for the purposes of availing the Services, and only as per these Terms and Conditions. You shall not modify any content on the Platform or reproduce, display, publicly perform, distribute, or otherwise use such content in any way for any public or commercial purpose or for personal gain.

Payments and Refunds

By using the Platform to avail OSP Services, you will be bound by such terms and condition mentioned herein and the same shall remain in force in the event, OSP decides to assign, transfer, and subcontract its rights and/or obligations. Acceptance of this terms and conditions will be deemed to be a sufficient notice to you or to anyone who agree to use the aforesaid Platform. For any payment and refund, it shall be the responsibility of the User to enter correct banking information. OSP does not play any role with regards to entering banking information.

• Payments:
  • You may use any payment service, like UPI, internet banking or debit or credit cards for making payments for loading/recharging the Wallet on the Platform. You shall be directed to our third-party payment gateway partners such as PayU, Paytm, PhonePe, CRED Pay, Juspay, Amazon Pay once you proceed to load/recharge the Wallet. Once re-directed to the Payment Gateway, you agree to be bound by the terms and conditions and privacy policy prescribed by the third-party payment gateway, basis which, the transaction shall take place. We will share your details with the Payment Gateway and the same shall be processed in accordance with the respective Payment Gateway’s privacy policy as may be made available to you by such Payment Gateway. For removal of doubts, it is clarified that, OSP neither directly nor indirectly charge any amount for Tokenisation services. Any update in pricing of the Services over the Platform shall not be deemed to be construed any charge for tokenisation services.
  • OSP shall not be liable in any manner whatsoever, if incorrect or inaccurate details (including those concerning credit or debit card(s)) are provided by you for loading/recharging the Wallet or if you use a credit or debit card which is not lawfully owned by you or if you permit a third party to use your password or any other means of accessing your bank account or credit card or debit card. Please note that neither OSP nor the Payment Gateway will be monitoring your use of any payment channel, and you are required to use the payment modes at your sole option and risks.
  • The Payment Gateway may block any card number, account numbers, group of cards or transactions from any specific blocked or blacklisted customer cards, accounts, group of IP addresses, devices, geographic locations as deemed fit.
  • The Payment Gateway and banks reserve their right to reject payments with respect for any order including for suspicious and unlawful transactions, potential or actual fraud, suspicious activities, card authentication and authorization issues, over payment made due to mathematical errors or any other issue.
  • OSP provides a mere platform to connect with your banking partner, enabling you to recharge/load your Wallet on the Platform. OSP shall not be liable in any circumstances for any failed payment occurring due to any reason. In the event of any failed payment, it shall be your duty to take the case with your banking partner. OSP does not participate and shall not be held liable for any activity between you and the Payment Gateway, including but not limited to failure of payment, payment not reflected in the Wallet, etc.
• Refunds:
  • Refunds for all eligible cancellations are issued through the payment method used at the time of purchase, except for cash payments made under the Pay on Delivery mode of payment.
  • You will not receive cash refunds in connection with a card sale. The refund amount, subject to OSP Cancellation Fees and Payment gateway Fees, shall be reflected in the Wallet on the Platform.
  • Refunds shall not be processed to third-party accounts. The user initiating refund shall get the refund amount in its Wallet connected with its Account on the Platform.
  • Refunds will only be made against genuine and trackable cancellation requests generated by you by clicking on the cancellation button provided on the Platform. Refund request against delays, nature of advice obtained, efficacy of treatment, health outcomes of consultation will not be entertained. In such situation, OSP shall not be held liable for such deficiency of service and no refund shall be provided in such events.
  • Refunds may be processed within 15 working days from the receipt of a request from you. All communications with regards to refund should be sent to info@mybuildings.in
• Refund Timeline:
  • The refund initiated by the User shall be processed in 5-7 working days subject to Payment gateway/bank’s timelines.
  • Any and all refunds, if approved by the Payment Gateway/Bank, shall be reflected in your Wallet with the Platform. It shall be your duty to withdraw the amount from the wallet to your Bank Account.
  • Any money withdrawn from the Wallet shall be your and your banking partner’s responsibility. OSP shall not be held liable for any failure of transaction, non-reflection of amount, any other error etc. related to the said transaction.
  • OSP shall not be held liable for any refunds, if not approved by the Payment gateway, and/or Bank. It shall be the sole responsibility of the user to approach appropriate authority regarding any discrepancy in transaction/reflection of amount.

Interruption/Suspension

• Interruption / Suspension of Services:
  • OSP has the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to non-payment of fees, and technical/operational reasons) and shall be under no liability to User in such an event. Further, OSP may, but shall not be obliged to, give User notice of any interruption of access to the Service.
• Termination of accounts:
  • OSP may terminate User's usage of the Platform, if User breaches the Terms and Conditions. OSP has the right (but not the obligation) to refuse to grant access to the Platform in case if User is in violation of the terms and conditions stated herein or in the event if the Subscription has been terminated/ expired. Except for the rights and license granted in these terms, OSP reserves all other rights and grants no other rights or licenses, implied or otherwise.
  • Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the Terms of Service, which by their nature shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Prohibited Content

The user shall not upload to, distribute, or otherwise publish through the Platform, the following Prohibited Content, which includes any content, information, or other material that:

• Belongs to another person and which you do not own the rights;
• Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, or otherwise inconsistent with or contrary to the laws in force;
• Is hateful, racially, or ethnically objectionable, disparaging of any person;
• Relates to or seems to encourage money laundering or gambling;
• Harm minors in any way;
• Infringes any patent, trademark, copyright, or other proprietary rights;
• Violates any law in India for the time being in force;
• Deceives or misleads the addressee about the origin of your message and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• Communicates any information which is grossly offensive or menacing in nature;
• Impersonate another person;
• Contains software viruses and malicious programs;
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order;
• Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
• Incites any offence or prevents investigation of any offence or insults any other nation;

You also understand and acknowledge that if you fail to adhere to the above, we have the right to remove such information and / or immediately terminate your access to the Services and / or to the Platform.

Limited Liability

By enrolling with OSP and its Platform, you understand and agree to the following:

• The Services availed by you via the Platform are provided by the relevant service provider, and not by OSP. The limitation of liability specified in this section also applies to any services availed by you from any third-party seller of services listed on the Platform.
• The Platform only facilitates enhancement of security of your premises and as such OSP bears no responsibility for the quality and outcome of any such Services availed by you, to the extent permitted by applicable law.
• OSP itself does not provide any security services. If you wish to opt for services available on the Platform, you are responsible for assessing such services and service providers. The consequences of acting on opting of services shall be your sole responsibility.
• In the event that OSP markets or promotes any Services on behalf of any service provider, please note that such Services are to be provided by the said service provider and you are responsible for undertaking an assessment regarding the suitability of such Services for your purposes. Marketing or promotion of Services, undertaken on behalf of the service provider, should be considered as being for informational purposes only, and does not constitute expert advice on the suitability of such services for your specific needs.
• To the extent permitted by applicable law, OSP or its affiliates or any group companies will not be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages arising out of or relating to:
  • These terms and conditions and privacy policy; and
  • Your use or inability to use the platform.

Indemnity

You agree and undertake to indemnify and keep indemnified OSP, its affiliates and any group companies and the concerned employee, agent, etc. (“Indemnified Persons”) for any losses, costs, charges and expenses including reasonable attorney fees that the concerned Indemnified Persons may suffer on account of:

• deficiency or shortfall in Services;
• suppression of material facts; or your failure to provide relevant information;
• misrepresentation by you ;
• Incorrect or inaccurate credit / debit card details provided by you;
• Using a credit / debit card which is not lawfully owned by you; or
• permitting a third party to use your password or other means to access your account.

Intellectual Property Rights

All trademarks, copyright, patent, and/or other proprietary rights and Laws and service marks with respect to the services are owned by the respective Parties. The trade names, trademarks, and service marks owned by the either Party, whether registered or unregistered, may not be used in connection with any Product or Service that doesn’t belong to either Party, in any manner that is likely to cause confusion. Nothing contained on the Platform should be construed as granting, by implication, estoppels or otherwise, any license or right to use OSPs’ trade names, trademarks, or service marks without the express prior written consent of OSP.

Confidentiality

The user shall not share any information of OSP, or the services availed from OSP or any other user on Platform, without the prior written approval of OSP. The user shall exercise reasonable care to protect the Confidential Information of OSP and other users from unauthorized disclosure, which care will in no event be less than the user takes to protect its own Confidential Information of a like nature. The user may disclose Confidential Information only to its family members or related persons who need to know such information for purposes of these terms and conditions, and will inform such related parties, by way of Policy and terms & conditions, that they are bound by obligations of Confidentiality. The user’s duty to hold Confidential Information in confidence shall be perpetual.

Indemnification

The user agrees to indemnify and hold OSP, its officers, directors, agents, and employees, harmless from any claim or demand, losses, cause of action, damage, Law suits including reasonable Attorney’s fees and costs, arising out of, or relating to the services availed under these terms & conditions. The user agrees to defend any and all claims, demands, and cause of action, lawsuits and / or judgments arising out of, or relating to the Services availed under these terms & conditions, unless expressly stated otherwise by OSP in writing.

Relationship Between the Parties

The user is acting in its independent capacity; and nothing in these Terms & Conditions will be construed to create a Partnership, Joint Venture, or Agency relationship between the Parties. Each Party will be solely responsible for payment of all compensation owed to its employees, as well as employment related taxes.

Charges and Payments

The total Price for availing the desired services and any Incidental Services under these terms & conditions shall be payable in Indian Rupee only. OSP shall pay the due amount to the concerned party as per its respective agreement. The user shall individually be liable for payment of its own applicable Taxes; filing of Returns and necessary payments, if any. The user neither will hold the other liable for payment of the applicable dues of the other.

Force Majeure

Any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, pandemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for. If either Party is prevented from or delayed in performing any of its obligations under these terms’ conditions by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within Fifteen (15) days after the occurrence of such event. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations as per these terms & conditions for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.

Jurisdiction

Any dispute, controversy or claims arising out of or relating to these terms & conditions or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall be composed of one Arbitrator appointed by OSP. The place of Arbitration shall be at Ahmedabad, Gujarat. The Arbitral proceedings shall be conducted in English language and the Award shall be rendered in English only. The procedural Law of the Arbitration shall be Indian Law. The Award of the Arbitral Tribunal shall be final, conclusive, and binding upon the Parties, and the provisions of the Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the Arbitration Agreement in this Clause, shall be governed by and be subject to Indian Law, and shall be subject to the exclusive Jurisdiction of the Courts at Ahmedabad, Gujarat.

Amendments to these Terms and Conditions

OSP reserves the right to make changes to the policies, and these terms & conditions at any time. The user registered on the Platform will be subject to the policies and terms & conditions in force at the time unless any change to those policies or these conditions is required to be made by Law or Government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Waiver

Neither party shall be deemed by mere lapse of time (without giving notice or taking other action hereunder) to have waived any breach by the other party of any of the provisions of these terms & conditions. Further, the waiver by either party of a particular breach of these terms & conditions by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this terms & conditions. If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.

Disclaimer

The services displayed on the platform contain certain trade-marks, logos or service marks (“Marks”) which are owned by the respective brand owners/service providers or its applicable assignors and OSP does not have any ownership or claim over the said marks or for that matter any other form of intellectual property. All text, design and other works on the platform that are not owned by the brand owners/service providers, or its applicable assignors are the copyrighted works of OSP or its licensors. OSP may display the contents/features of the services listed on the platform as well as to use the trademarks, service marks and logos ("Marks") owned by the respective brand owners or other parties on the platform, (subject to copyright and other intellectual property rights under the law) for the purpose of information and the brand owner or its licensors shall not claim any action for wrongful use against OSP for the said use. OSP specifically disclaims ownership over the features of the services listed on the platform. The ownership of each such feature/services as well the associated intellectual property belongs to respective brand owner only. OSP has got developed for itself a unique platform related to providing of variety of services in connection with enhancement of security of the premises. However, in case you are the owner of any form of intellectual property which is used on the platform and do not want OSP to continue using the said intellectual property, you are requested to intimate OSP in writing along with necessary documentary evidence supporting your claim of ownership over the said intellectual property. You are agreeing to the clauses of these terms and conditions in good faith and shall perform its responsibilities without any mala fide intention. The user shall ensure that it owns the title, rights and interests for the services being offered by him/her on the platform. OSP shall not be responsible for any non-performance and/or breach of any contract and/or non-compliance with any and all applicable laws, ordinances, rules, government guidelines and directives on part of the user.

Notices

The user can contact OSP in case of any queries/claims relating to the Platforms or sale and purchase services provided by OSP at:
Email: info@mybuildings.in