By visiting the Website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly, you agree to use the website only for the purposes intended as permitted by:
These terms of use constitute a legally binding agreement between you and the Company regarding your use of the Website and any services offered by the Company. Your use of the Website is governed by the following Terms of Use as applicable to the Company including the applicable policies which are incorporated herein by way of reference. These terms and conditions including the policies constitute your binding obligations, with the Company.
Use of the Website includes accessing, browsing, or registering to use the Website. By proceeding to the Website, you acknowledge to have read, understood, and accepted the terms of user agreement which shall constitute the entire binding agreement between you and the Company.
You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms of Use. While individuals under the age of 18 may access the Website, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such Parent/Legal guardian's registered account. In order to access the Website, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Company Resources. You agree that any information you provide will always be accurate, correct, and up-to-date and will be governed by the Privacy Policy.
Through this website you can link to other websites which are not under the control of the Company. We have no control over the nature, content, accuracy, and availability of those sites. The inclusion of any links does not necessarily imply the commendation or endorse the views expressed within them. Every effort is made to keep the Website up and running smoothly. You link to any such website entirely at your own risk. The Company takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
The Company accepts no liability for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any linked website.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access this Website. Accordingly, you are responsible for all activities that occur under your account/s.
All information and data submitted by you shall become the property of the Company. However, all such information shall be kept strictly confidential by the Company.
You have access to only your own data and information stored in the database of the Website (subject to prior confirmation of identity) and nothing more. You may edit or amend such data and information from time to time.
All confidential information (including name, e-mail address etc.) voluntarily revealed by you, is done at the sole discretion and risk. If such information, collected by a third party, is misused or results in unsolicited messages from such third parties, then such actions are beyond the control and liability of the Company and the company accepts no responsibility or liability whatsoever for such actions.
Accessing (or attempting to access) the Website by any means other than through the means provided by the Company, is strictly prohibited and prosecutable. You specifically agree not to access (or attempt to access) the Website through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, rent or resell the Website is strictly prohibited.
You are solely responsible for any consequences, losses, or damages that the Company may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
You agree to indemnify and hold harmless the Company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. The Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by the Company.
All of the trademarks, service marks and logos displayed on this website (the "Trademark(s)") are registered and unregistered trademarks of the Company. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining a written permission from the Company. You agree not to affect/interrupt or attempt to affect/ interrupt the operation of this website in anyway.
The Company welcomes your comments and feedback regarding the Website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to the Company through the Website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, the Company asks you not to send it any information or materials that you do not wish to assign to the Company, including any confidential information.
Your use of this website is at your sole risk. Under no circumstances, shall the company be liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use this website or your reliance on any information provided on this website. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of data, revenue or profits.
You further agree that company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
User agrees that company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall company's total liability to you for all damages or/and losses or/and causes of action exceed the amount paid by you to company, if any, that is related to the cause of action. The company takes no responsibility/liability whatsoever for shortage or non-fulfillment of the service/s on company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and you hereby undertake that in such situation/s, you shall not claim any right/damages/relief, etc. against the company for "deficiency of service" under the consumer protection act or any other act/rules, etc.
Company shall not be liable for all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, isp connection costs, etc., which are to be borne by you personally.
Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone, laptops, computers, or any other device, and or any damage, loss, either direct or indirect arising out of the use of website.
Your privacy is important to us, which is why Company has created a separate Privacy Policy in order to explain in detail how it collects, manages, processes, secures, and stores your private information. The Privacy Policy is included under the scope of this Agreement.
You hereby agree and irrevocably authorize that the Company has the right to:
Maintenance
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the Website without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work and/or your access to the Website.
The Company shall not be liable for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Violation of Terms of Use
Personal Information
Company collects information about the users. This information is voluntarily provided by the user and is collected in the database of the Website. The information so collected in the database refers to the property details, email address and names of the user. The data collected is for the exclusive use of the Company and the Company reserves its right to allow access to such information to any third party. Any use or sharing of information with any third party shall not invite legal action against the Company.
Your submission of personal information through the Website is governed by Privacy Policy. The Company respects the privacy of its users and is committed to its protection.
Errors, inaccuracies, and omissions
Notice
All notices
(a) if sent to you to the address identified on the Application Form and
(b) if sent to the Company to such address as provided in writing for such notice purposes
Notice shall be deemed given upon receipt when delivered personally and upon receiving acknowledgment/written verification of receipt from courier.
Grievance Redressal Mechanism: Any complaints, abuse or concerns with regard to content and/or comment or breach of these terms shall be immediately informed to the designated
Grievance Officer as mentioned below via in writing or through email to:
info@abacorp.in
Non-exclusive Remedy
Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
Waiver
The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect.
RERA Disclaimer
Entire Agreement
This Agreement constitutes the entire and exclusive agreement between you and the Company with respect to your access to and/or use of the Website, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The rights to change vary or amend, however exclusively rest with the Company.
• Amendment
The right to amend, vary or change the Terms of Use contained herein at any time exclusively rests with the Company. The terms may be varied/amended by the Company from time to time and the revised terms will be deemed to apply at the relevant time in respect of your registration and/use of the website. Please check this page from time to time to take notice of any changes the Company has made as they are binding on you. For avoidance of any doubt, your continued use of the Website constitutes an affirmation and acknowledgment of the amended terms and conditions.
• Applicable Law and Jurisdiction
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between you and the Company.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within 30 days after such claim or cause of action arose or be forever barred.
All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/correct and complies with the laws of the land.
Use of this Website and purchase, booking/registration of products or services from www.abacorp.co.in will be governed by construed on accordance with the law of India. You agree that any legal action or proceeding between you and the Company will be brought exclusively in court of competent jurisdiction in G.B Nagar, Uttar Pradesh, India without regard to its conflict of law provisions.
.
• Acknowledgment and acceptance of Terms of Use
The Terms of Use appearing here above consists of the entire agreement between you and the Company and replaces all previous arrangements/schedules between the parties regarding the subject matter contained herein above. By completing the registration process and/or checking the "I have read and accept the Terms of Use" box, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions of the Company as appearing herein-above.
THE GENERAL TERMS AND CONDITIONS FOR BOOKING ARE AS BELOW:
This Application is subject to terms and conditions given here under and shall be binding on the Applicant(s).
Post the allotment of a Unit by the Company the Applicant shall be referred to as the Allottee, accordingly wherever the context so requires the term ‘Applicant’ shall be read as ‘Allottee’.
The Applicant(s) hereby agrees to the following terms and conditions:
1. BOOKING
Nothing contained herein constitutes advertising, marketing, booking, selling or an offer for sale, or invitation to purchase a unit (Residential/Commercial) in any project by the Company.
3. The Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to the information, services or related information provided by the Company with respect to any property or project.
4. The Applicant(s) hereby understands and agrees that mere submission of application for booking of flat does not automatically confer allotment and that the allotment of the unit will depend on the availability and subject to the compliance of the following:
(a) Submission of correct information and documents as prescribed by the Company by submitting the duly filled Application Form;
(b) Payment of 10% of the total consideration of such unit (Residential/Commercial) and approval by the Company; and
(c) Verification of information and documents submitted by you.
It is however clarified that the discretion of the Company in this regard shall be final and binding on the prospective customers.
5. That the conditions mentioned herein are not exhaustive for the allotment of the unit and may further be supplemented and/or amended by the terms and conditions of allotment as mentioned in the allotment letter and thereafter the ATS to be executed between the Applicant(s) and the Company.
2. Submission of Application Form
2.1. The submission of the duly filled application form on the Website constitutes an offer by the applicant to acquire a unit (Residential/Commercial) in the building/project as mentioned in the application form on the terms and conditions contained herein and/or as specifically provided otherwise. The application does not confer or constitute any right in favour of the applicant of allotment and/or agreement for acquisition of the unit.
2.2. The applicant shall submit all the information and document correctly. Any incorrect and false information if found to be submitted, will lead to automatic cancellation of the application/termination of the allotment without any further notice.
2.3. The applicant(s) shall specifically indicate the preference of the flat booked and said preference shall not be allowed to be changed. However, Company may at its sole discretion entertain a request for change of category if the units (Residential/Commercial) are available in the desired category. If the change of category is allowed by the Company, the same shall not be final unless difference in the Registration Amount has been duly paid by the applicant.
3.1. No application for booking of flat shall be entertained unless the payment of the minimum amount of registration fee i.e. 10% of the Total Cost of the preferred unit (Residential/ Commercial) (herein after referred as “Registration Fee”) is paid by the Applicant(s). The application not accompanied by the Registration Fee or less Registration Fee shall be rejected summarily
3.2. The payment of the Registration Fee shall be made by RTGS/NEFT or through the payment getaway as per the Payment Policy in the name of the Company.
3.3. The Registration Fee shall be exclusive of all taxes and duties. The applicant(s) shall be liable to bear and pay all applicable taxes, duties, statutory levies, charges etc. of whatsoever nature with respect to booking of the unit and the taxes, duties, statutory levies, etc. paid by the Applicant(s) cannot be refunded by the Company in any event.
3.4. In the event if the applicant fails to pay the Registration Fee in full, the application form shall not be considered by the Company and the applicant will not be entitled to allotment of any unit/ flat in the project.
3.5. The applicant(s), if resident outside India, shall solely be responsible for complying with the necessary formalities as laid down in Foreign Exchange Management Regulation Act, 1973, Foreign Exchange Management Act, 1999, Reserve Bank of India Act and Rules made there under or any statutory amendment(s), modification(s) made thereof and all other applicable laws including that of remittance of payment, acquisition/sale/transfer of immovable properties in India etc.
4. Acceptance or Rejection of Application
4.1. The Company shall send an acceptance of the application form or the rejection of the application form on the registered mobile number and email address of the applicant(s).
4.2. The allotment, if confirmed shall be further communicated by the Company in writing by issuing an allotment letter, which shall remain provisional till the Agreement for Sale (“ATS) is duly executed between the Applicant(s) and the Company.
4.3. In case of rejection of the application form by the Company, the Company shall refund the Registration Fee (or such other amount as paid by the applicant) to the applicant within 90 days of the date from which intimation message is sent to the applicant. Except for the refund of Registration Fee (without any interest or penalty), the applicant shall not have any right or remedy against the Company.
4.4. The Company reserves the right to accept or reject this Application at its sole discretion without assigning any reason for the same.
5. EXECUTION OF AGREEMENT
On acceptance of applicant form, the applicant shall enter into ATS with the Company and shall remain bound by the terms and conditions of the ATS. Unless the ATS is executed, the booking shall remain provisional.
The Applicant(s) agree to execute the ATS with the Company within 30 (thirty) days from the date of its receipt by the Applicant and/or appear before the Sub-Registrar for its registration as and when intimated by the Company.
Upon the execution of the ATS, the terms and conditions of the allotment of the unit in favour of the applicant shall be solely governed by the provision of the ATS and the applicable law.
In the event if the applicant fails to execute the ATS with the Company within the accepted time-period, the Company shall serve a notice to the applicant for rectification of default, which if not rectified within 30 (thirty) days from the date of its receipt by the applicant, application of the applicant shall be treated as cancelled and all sums deposited by the applicant in connection therewith, shall be forfeited.
This document is legally binding and in all respect up to date as per 1/2/2021
You may contact the ABA Corp team in case of any queries or issues related to any of the listed projects at our site sales/marketing office or reach us at info@abacorp.in
Thankyou
Director
ABA Corp
1/2/2021
