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Terms and Conditions

This service is provided by SocietyMax ("SM" or "we" or "us" or "Website/Platform") is a SaaS based online / mobile platform developed by Impeccable Softwares Private Limited, a company based in Pune, 402, Fourth Floor, Kapil Residency, Greens Colony, Pashan-Sus Road, Pune, Maharashtra, India, 411021 to help Apartment – Housing Society residents and Business owners ("Residents" or “Owners”) of apartment, societies, buildings and complex enhance their residential and business experience. To receive the Service (including access to this Website/Platform/Mobile app), you must first accept the following terms and conditions (the "Terms of Use") and the terms of our Privacy Policy by clicking the checkbox on your dashboard OR via email communications.

REGISTRATION

In order to use SocietyMax online services, a user must first complete the registration form. During registration a user is required to provide their contact information. The registration information given by the user must always be accurate, correct and up to date. This information is used to contact the user on need basis.

YOUR ACCOUNT

To access the Services, you must create an account associated with a valid e-mail address and phone number. Unless explicitly permitted by the service terms, you may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents or Customers or Members) and, except to the extent caused by our breach of this Agreement, we and our affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with our termination policy below.

Through your account you may providing Services to your contractors or agents or Customers, in such cases your Customers or agents or contractors are not the part of this agreement and have no legal rights to make any claims, whatsoever.

APARTMENT COMPLEX, PERSONAL & BUSINESS INFORMATION

All information provided by the user under ‘SOCIETY, PERSONAL OR BUSINESS INFORMATION’ page OR at the time of registration is available only to the Website Admin OR society admin of the society where the user belongs to.

Here Society means Apartment Complex, Shopping Complex and Group of people who want to use this Website/Platform .

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the Service, or access to the Service.

www.societymax.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). This will take place with notice and adequate time given to you, so that you may retain the information assets created by you on www.societymax.com. Beyond the time given, you agree that www.societymax.com shall not be liable to you or to any third party.

INDEMNITY

You agree to indemnify and hold www.societymax.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against www.societymax.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website/Platform.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

FEES, PAYMENTS & REFUNDS

i) Service Fees. You will pay us the applicable fees and charges for use of the Services as described on Website/Platform and/or share with you via email as Pricing/Plan/Quotation, using one of the payment methods we support. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Fees and charges for any new Service or new feature of a Service will be effective when we post updated fees and charges on our Website/Platform and/or share with you via email unless we expressly state otherwise in a notice. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice.

ii) Maintenance Bills and Dues. Apartment Housing Society Admin can setup and raise Maintenance bill/invoices/demands along with any other bill to collect the money required for maintenance of society, where residents/flat, shop & property owners/tenants can pay the same via Payment Gateway integrated in SocietyMax. Once payment received we will be settling in your bank account within 3 days. SocietyMax will be additionally charging Gateway and Convenience Fees on all online transactions and will be remitting billed/invoiced amount to your bank. While on-boarding, we may need to collect cancelled cheque, ID proofs form your side and need your approval for setting up payment gateway.

iii) One the payment is made using our platform and using Payment Gateway, we will not be involved and liable for in any refund to either Website Admin or Residents/Owners/Tenants, Society Admin will have to manually (No digital interface will be provided) pay the refunds by cheque or cash suitable to your Society/Apartment/Business policies.

iv) Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including GST and any applicable tax in future. You will provide us any information we reasonably request to determine whether we are obligated to collect GST from you, including your GST number. If you are legally entitled to an exemption from GST, any tax, sales, use, or similar transaction tax, you are responsible for providing us with legally sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.

TERMINATION OF ACCESS

Your access to SocietyMax Services will be terminated, if we have an agreement with your building management or owners that is terminated or interrupted, or if you violate the terms of these Terms of Use. If so, you will no longer be eligible to use the Website/Platform/Our Services.

If you are moving to a new building/Society/Complex/Apartment for which if our service exist. In that case you need to notify us so that we can terminate your access from present society and can create a new account for you. Please note, the account creation process will be a standard process followed by SM, please contact info@societymax.com for more detail.

LIST OF PROHIBITED ITEMS

On SocietyMax.com users are prohibited from aiding in the sale / exchange of any item present in the below list. This is only a partial list and items can be added as and when prohibited to law or brought to the notice of SocietyMax.com.

Airline tickets that restrict transfer, other unauthorized ticket sale - Alcohol or tobacco products - Blood, bodily fluids or body parts - Bulk email or mailing lists that contain names, addresses, phone numbers, or other personal identifying information - Burglary tools, including but not limited to lock-picks or motor vehicle master keys - Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia -Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them - Counterfeit, replica, or knock-off brand name goods - Coupons or gift cards that restrict transfer, other unauthorized coupons or gift cards - False identification cards, forged certificates - Fireworks, firearms and explosives - Gambling items, including but not limited to lottery tickets - Material that infringes copyright, including but not limited to software or other unauthorized digital goods sale - Pornography - Pet animal parts, blood, or fluids - Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids - Stolen property, or property with serial number removed or altered.

Items can be included in the above list as and when prohibited by law.

THIRD PARTY OFFERS

As part of the Services, SocietyMax may provide you with information regarding the goods or services offered by various third parties including paid advertisers or sponsors of our services, brokers of apartment or condominium units or shops. This also includes vendors, business and services registered on our search and E-commerce portal.

Similarly, your fellow Residents/Neighbors may offer goods or services via our online Market place and SocietyMax Network marketing tool. In no event shall SocietyMax or your building be liable for any damages arising out of any interaction between you and such parties.

WARRANTIES, DISCLAIMERS

THE SERVICE (INCLUDING WITHOUT LIMITATION THE SITE, AND ANY TOOLS OR DATA INCLUDED THEREIN) IS PROVIDED "AS IS" AND CF DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PERFORMANCE OF THE CF SERVICE, INCLUDING ITS SAFETY, QUALITY, EFFECTIVENESS, COMMERCIAL VIABILITY OR MERCHANTABILITY. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY IN THIS REGARD.
In no event shall SocietyMax or your building or management be liable for any damage whatsoever arising out of the use of or inability to use the SocietyMax Service, even if SocietyMax has been advised of the possibility of such damages. SocietyMax does not take any responsibility for any damage happening due to any interaction between its users happening directly or indirectly through SocietyMax.

SECURITY AND DATA PRIVACY

We will implement reasonable and appropriate measures designed to help you secure Your Content and Data against accidental or unlawful loss, access or disclosure.

GOVERNING LAW, JURISDICTION

These Terms of Use shall be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state courts located in Pune, Maharashtra.

DISPUTE SETTLEMENT

Any disputes, differences arising out of, under or in connection with this agreement or any other breach thereof shall be resolved by mutual negotiations by and between the parties. Any unresolved dispute or differences shall be finally settled by an arbitrator to be nominated by CCT after 50% payment received for the legal charges that will be incurred by arbitrator. It being clearly understood and agreed by the Service Seeker that the Service Seeker shall not object to appointment of such a person on the ground of bias or the like. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be Pune. The parties mutually agree that the Court of Pune alone shall have jurisdiction with regard all or any of the matters arising out of or related to this agreement.

CHANGES TO THE SERVICE

SocietyMax reserves the right to redesign or modify the organization, structure, features, pricing, or "look and feel" of the Service and any portion thereof at any time without prior notice or liability hereunder.

For any further information please email info@societymax.com.

CHANGES IN SERVICES & INFRASTRUCTURE

We may change, enhance, add, discontinue, or deprecate any of the Services and Infrastructure or change or remove features or functionality of the Services and Infrastructure from time to time. We will notify you of any material change, addition to or discontinuation of the Services. Time taken to make such changes on Infrastructure and Services will not be count as Downtime and not eligible for Service Credit.

MODIFICATION OF AGREEMENT

We may modify this Agreement at any time by posting a revised version on the Web Site or by otherwise notifying you through registered email address. The modified terms will become effective upon posting as stated in the email message. By continuing to use the Services and Infrastructure after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Web Site or your email regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the beginning of this Agreement.

LIMITATION OF LIABILITIES

We will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit, goodwill or data), even if a party has been advised of the possibility of such damages. Further, neither we nor any of our affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with (a) your inability to use the services, including as a result of any (i) termination or suspension of this agreement or your use of or access to the services, (ii) our discontinuation of any or all of the services, or (iii) without limiting any obligation under the SLA, any unanticipated or unscheduled Downtime of all or a portion of the services for any reason, including as a result of power outages, system failures or other interruptions or (b) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your Content or other Data. In any case, our and our affiliates’ aggregate liabilities under this agreement will be limited to the amount You actually paid us under this agreement for the Services that gave rise to the claim during the 6 months preceding the claim.

FORCE MAJEURE

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

REGISTERED ADDRESS

402, Fourth Floor, Kapil Residency, Greens Colony, Pashan-Sus Road,
Pune, Maharashtra, India,411021.
Phone: +91 860-067-7778
Email: info@societymax.com

These terms of service was last modified on 27/11/2012.
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