Terms of Student App

Terms and Conditions pertaining to Your-Space Application

Last updated:      December, 2023

Please read these terms and conditions carefully before using Our Application.

1. Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named “Your Space” Application.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Country refers to India
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ashimara Housing Private Limited, 221, First Floor, Okhla Phase III, New Delhi 110020, India.
• Device means any device that can access the Service such as a computer, a cell-phone or a digital tablet.
• Payment Wallet means which is the Funding Account information you save (if any) for use in making future Payments.
• Resident means student, working professional or any other person occupying the Accommodation Unit allotted to such Resident by AHPL at the Premises.
• Service refers to the Application.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

“You” and the “Company” are collectively referred to herein as Parties.    

2. Acknowledgment

 

• These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

 

• Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

 

• You represent that you are over the age of 18. However, in case Your age is under 18 years consent has to be provided by Your natural/ legal guardian and the terms and conditions set forth herein shall equally apply upon You, the Resident.

 

• Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

3. User Representations

 

• By using the Services, you represent and warrant that:

 

• all registration information you submit will be true, accurate, current and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and agree to comply with the legal terms. In case You are a minor, consent for using Our Services has to be provided by your natural/legal guardian.
• You will not use the Service for any illegal/unauthorised purpose.
• You will not access the Service through any automated or non-human means, whether through a bot or script or otherwise.
• You will not use the Services for any illegal or unauthorised purpose.

 

• 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 Services.

 

4. User Registration

 

• You may be required to register to use the Services. 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.

 

5. Payment Wallet

 

• You shall be required to pay via our Payment Wallet which will reflect as credit balance on the Wallet. Such Payment Wallet is a virtual account which operates as a deposit with the Company and all subsequent deletions with respect to fees shall be reflected in the Payment Wallet. The Company has authorised ICICI Bank as the payment gateway that authorises the payments made by You via credit card/debit card/UPI/NEFT etc. to the Company.

 

• The Payment so provided is for facilitating payments between You and the Company. The Payment Wallet shall not be used for any other purpose.

 

• The Company shall incur no liability if the Service is unable to complete any Payments initiated by You because of the existence of any one or more of the following circumstances:

 

• You are responsible for ensuring that there are sufficient funds available in your Payment Wallet to cover any amount you authorize for payment. If you do not have sufficient funds in your Payment Wallet, your Payment may not be processed.

 

• You are responsible to obtain all the relevant authorizations from Your financial institution and to provide us with correct information;

   

• If the Payment Gateway as provided by ICICI Bank is not working properly and you know or have been advised about the malfunction before you execute the transaction;

 

• On the existence of circumstances beyond our control (such as, but not limited to, fire, flood, or other acts of God, third party systems, or interference from an outside force) prevent the proper execution of the transaction; and/ or

   

• Your failure to follow our instructions for the use of the Service.

In the event your Payment is not processed for the reasons stated hereinabove your liability shall remain outstanding and unpaid, and you will be subject to all applicable penalties, late fees and interest charges assessed thereon, all of which obligations remain your sole responsibility.  

6. Third Party Websites and Content/Links to Other Websites

 

• Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

• The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

• We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

7. Prohibited Activities

 

• You shall not access or use the services for any other purpose other than that for which we make the services available. The Services shall not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

 

• As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, without written consent from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services and/or the content contained therein.
• Disparage, tarnish or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with applicable laws or regulations.
• Engage in unauthorised framing or linking of the services.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload/transmit) viruses, Trojan horses, or other material including spamming, that interferes in any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation or maintenance of the Services.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measure of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Except as permitted by Applicable Law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue generating endeavour or any commercial enterprise.

   

8. Termination

 

• We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

 

• Upon termination, Your right to use the Service will cease immediately.

 

9. Limitation of Liability

 

• Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to an amount of Rs. 1000/-

 

• To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

10. Disclaimer

 

• The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

• Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

11. Governing Law, Arbitration and Jurisdiction

 

• The Agreement shall be governed by the laws of India.

 

• In case of any dispute arising between the parties, the parties shall first submit such dispute to Arbitration to be adjudicated by a sole arbitrator mutually appointed by the parties. The orders of such arbitrator shall be final and binding upon the parties. The seat of arbitration shall be Delhi and the language shall be English.

 

• The courts at Delhi alone shall have exclusive jurisdiction to deal with all matters concerning this Agreement.

 

12. Intellectual Property Rights

 

• The Parties understand and agree that no license or other right has been granted, directly or by implication, estoppel or otherwise with respect to any Intellectual Property Rights and no additional licenses or other rights shall arise from the execution of this Agreement.

 

• That the Parties acknowledge and agree, that in the event of a third -party claim that the Application or Your Possession or use of the Application infringes the company’s/third party’s Intellectual Property Rights. You, will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement.

 

13. Severability

 

• If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

14. Waiver

 

• Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

15. Modifications

 

• We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

• By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

16. Contact Us

 

• In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at info@your-space.in or write in to us at 221, First Floor, Okhla Phase III, New Delhi 110020.