EValuerPro - TERMS & POLICIES of USE Our privacy policy is available at https://evaluerpro.com/privacypolicy.txt EValuerPro is a software system comprising of a Web site, an application for Android platform available on the Google Play App store platform. EValuerPro is developed and owned fully by CivilSoftSys (the "Provider"). EValuerPro eases the process of data collection and processing for valuation professionals appraising or valuating real estate. 1. TERMS OF USE By browsing, accessing or using EValuerPro, you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the EValuerPro. Continued use of EValuerPro will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time. 2. DEFINITIONS In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires: * "CivilSoftSys" means the company providing this software system. * "EValuerPro" means the software system consisting of the web site and the Android Application * "User" shall mean and include any person who uses the EValuerPro software system. * "Privacy Policy" means the privacy policy set out in Clause 21 of these Terms and Conditions of Use. * "Register" means to create an Account on EValuerPro and "Registration" means the act of creating such an Account. 3. GENERAL TERMS Applicability of terms and conditions: The use of any part of EValuerPro shall be subject to these Terms and Conditions of Use. Location: EValuerPro is intended solely for use by Users who access EValuerPro on its internet site via a browser or the EValuerPro Mobile application. We make no representation that EValuerPro is available or otherwise suitable for use outside of Real Estate Valuation Profession. Scope: EValuerPro, is for your professional use only. Prevention on use: We reserve the right to prevent you from using the EValuerPro. Equipment and Networks: The provision of EValuerPro does not include the provision of computer, a mobile telephone or handheld device or other necessary equipment to access EValuerPro or make any Redemptions. To use EValuerPro, the user will require Internet connectivity and appropriate telecommunication links, a computer capable of accessing the displaying the https protocol and a mobile device capable of running Android Applications. You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using EValuerPro. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing EValuerPro or any such third-party charges as may arise. You accept responsibility for any such charges that arise. 4. REGISTRATION In order to use EValuerPro, the User must be registered with EValuerPro. User shall provide CivilSoftSys with all such documents as may be required by CivilSoftSys By registering with CivilSoftSys, User agrees to provide true, accurate, current and complete information, failing which CivilSoftSys shall have a right to reject User's registration and terminate the User's right to use or access EValuerPro. When User registers with CivilSoftSys as a User of EValuerPro, a User Account will be created, that is associated with User's unique user name, and password. User shall be responsible for anything that happens through the User's Account. By registering with CivilSoftSys as a User of EValuerPro, the User expressly consents to the terms and conditions, payment terms and Privacy Policy. If the User does not feel comfortable with any part of our Terms of Use, the User must not use EValuerPro.. The User expressly undertakes to keep his account information current and valid and in case of any change in information provided, update his account immediately. In the event of any action/notice by any law enforcement agency or conviction by a court of law, the User shall undertake to forthwith without any delay inform CivilSoftSys about the same and keep E Valuer Pro updated. 5. COMMUNICATIONS You agree to receive programmed notifications (Reminder, Alerts) from EValuerPro or CivilSoftSys after registering with the Application on your mobile telephone or other handheld devices (as the case may be). 6. INFORMATION: The User will be required to submit the following information while registering: At least one Bank Account Number and IFSC Code PAN, GSTIN, or other identifications issued by various agencies of Government of India Email Address Mobile Phone numbers and Landline numbers. During the usage of the Android application on a mobile phone or a device, EValuerPro will capture and store the IMEI number of the device and the Mobile phone number. This will be used only for the purpose of authentication of the user. The User is responsible to keep the User's email address up to date so that CivilSoftSys or EValuerPro can communicate with the User electronically. The User authorises CivilSoftSys directly or through third parties, to make any inquiries as CivilSoftSys consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the User for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof. 7. YOUR OBLIGATIONS Accurate information: You warrant that all information provided on Registration and contained as part of your Account is true, complete and accurate and that you will promptly inform us of any changes to such information by updating the information in your Account. Content on EValuerPro: It is your responsibility to ensure that any products or information available through EValuerPro meet your specific requirements. Prohibitions in relation to usage of EValuerPro: Without limitation, you undertake not to use or permit anyone else to use EValuerPro: - * to send or receive any material which is not civil or tasteful * to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third-party rights; * to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world; * to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); * to cause annoyance, inconvenience or needless anxiety; * to intercept or attempt to intercept any communications transmitted by way of a telecommunications system; * for a purpose other than which we have designed the Platform or intended it to be used; * for any fraudulent purpose; * other than in conformance with accepted Internet practices and practices of any connected networks; * in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; * or in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure\ Prohibitions in relation to usage of EValuerPro: Without limitation, you further undertake not to or permit anyone else to: - * furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers; * attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan); * execute any form of network monitoring which will intercept data not intended for you; * enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party); * extract data from or hack into EValuerPro; * Use EValuerPro in breach of these Terms and Conditions of Use; * engage in any unlawful activity in connection with the use of EValuerPro; or * Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying EValuerPro. User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time. User shall inform E Valuer Pro of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change. 8. USE OF EValuerPro: - EValuerPro is intended to be used by User for collecting, and organizing data captured by mobile device and/or entered on the web site. The User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of EValuerPro, the Vendor hereby shall subscribe to a suitable plan as the User may deem appropriate and make payment to CivilSoftSys as per payment terms decided with CivilSoftSys. CivilSoftSys has no obligation to verify the authenticity of the data once the date is generated through a valid login and authenticated through a password. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. CivilSoftSys shall not be liable for any mistake or misuse of the EValuerPro by either the User or by any person authorized by the User, or by any person gaining access to EValuerPro through the User. The User agrees that EValuerPro accepts all data originating from his Account in good faith and that they are genuine and, in a manner, consistent with commercially reasonable security standards. User shall indemnify and hold CivilSoftSys safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through Vendor. We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that EValuerPro will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at admin@civilsoftsys.net. We do not warrant that your use of EValuerPro will be uninterrupted and we do not warrant that any information (or messages) transmitted via EValuerPro will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access EValuerPro, access to EValuerPro may be suspended, restricted or terminated at any time. We do not give any warranty that EValuerPro are free from viruses or anything else which may have a harmful effect on any technology. We reserve the right to change, modify, substitute, suspend or remove without notice any information or features in EValuerPro from time to time. Your access to EValuerPro may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or features. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information from EValuerPro any time. We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use. 9. SUSPENSION AND TERMINATION If you use (or anyone other than you, with your permission uses) EValuerPro, in contravention of these Terms and Conditions of Use, we may suspend your use of EValuerPro. If we suspend EValuerPro for particular users, we may refuse to restore the access to EValuerPro for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use. CivilSoftSys shall fully co-operate with any law enforcement authorities or court order requesting or directing CivilSoftSys to disclose the identity or locate anyone in breach of these Terms and Conditions of Use. Without limitation to anything else in this Clause 9, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend EValuerPro; (b) suspend your use of EValuerPro; and/or (c) suspend the use of EValuerPro for persons we believe to be connected (in whatever manner) to you, if you commit any breach of these Terms and Conditions of Use; * We suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or * We suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person. * Our rights under this Clause 9 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination. 10. DISCLAIMER AND EXCLUSION OF LIABILITY EValuerPro and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to EValuerPro, including in relation to any inaccuracies or omissions in EValuerPro, warranties of merchantability, quality, and fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade. We do not warrant that EValuerPro will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the EValuerPro will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities, or computer server failures. While we may use reasonable efforts to include accurate and up-to-date information on EValuerPro, we make no warranties or representations as to its accuracy, timeliness or completeness. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with EValuerPro, your access to, use of or inability to use EValuerPro reliance on or downloading EValuerPro, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with t EValuerPro and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected. Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the EValuerPro, or electronic mail transmitted to and from us, will not be monitored or read by others. 11. FEES EValuerPro charges are either pre-paid or post-paid. User can have a customized fee structure based on the agreement with CivilSoftSys. 12. SPECIFIC TERMS CivilSoftSys Pro shall not be a party to the contract between the User and any Third Parties in any manner whatsoever. All contracts are directly between User s and their Third Parties. User shall be responsible for any miscommunication or incorrect information that may be provided to CivilSoftSys at the time of enabling the EValuerPro for the User. 13. SECURITY The User will not hold CivilSoftSys liable in case of any improper/fraudulent/unauthorized/ duplicate/erroneous use of the user's mobile and/or the web-based access or through any other platform. CivilSoftSys will also not be liable for any direct or indirect consequences connected with the use/ misuse of User web/ mobile/e mail account by any third party. If any third parties gain access to the EValuerPro, the User will be responsible and shall indemnify CivilSoftSys against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise. The User shall be fully liable for: Any unauthorised use of his mobile/ email account; and/or. all authorised data transfers on his web/mobile/email account. Without prejudice to the remedies available to CivilSoftSys and these Terms, CivilSoftSys shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of: * any defect in any Products supplied to the User; * the malfunction of any computer terminal or equipment or mobile device; * the utilization of EValuerPro by any person other than by the User; * any data transfer which is unsuccessful or fails for any reason whatsoever, whether CivilSoftSys has a prior notice of it or not; * Any miss-statement, error or omission in any details disclosed to CivilSoftSys. 14. INDEMNITY You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the EValuerPro, (b) any other party's use of the EValuerPro using your User ID, password, verification PIN and/or any identifier number allocated by EValuerPro , and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding. 15. INTELLECTUAL PROPERTY RIGHTS All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the EValuerPro are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be. Nothing contained in EValuerPro should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed in EValuerPro without our written permission. Misuse of any trademarks or any other content displayed on EValuerPro is prohibited. We will not hesitate to take legal action against any unauthorised usage of our trademarks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners. 16. AMENDMENTS We may periodically make changes to EValuerPro, including to the descriptions and features at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of EValuerPro. We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on EValuerPro web site and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you. 17. APPLICABLE LAW AND JURISDICTION EValuerPro can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing EValuerPro both you and we agree that the laws of India without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of EValuerPro. You accept and agree that the jurisdiction shall lie with the Courts in Pune only in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use. 18. ELECTRONIC NOTICES You agree that the Provider shall have a right to send electronic notice as when the need be in case of any default, or any act resulting in breach of these conditions which shall be deemed to be served on your registered email Id and shall be deemed to be served as if by delivered post the cost of which shall be kept upon you. 19. LANGUAGE You agree that the decisive language for communication between you and the Provider is English. All information about the E Valuer Pro application is primarily in English, including these Terms and Conditions. 20. PRIVACY POLICY Access to EValuerPro and use of EValuerPro is subject to this Privacy Policy. By accessing and continuing to use EValuerPro, you are deemed to have accepted this Privacy Policy, and in particular, you are deemed to have consented to our use and disclosure of your personal information in the manner prescribed in this Privacy Policy and for the purposes set out in Clauses 3 and/or 4 We reserve the right to amend this Privacy Policy from time to time. If you disagree with any part of this Privacy Policy, you must immediately discontinue your access EValuerPro. As part of the normal operation of EValuerPro, we collect, use and, in some cases, disclose information about you to third parties. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of your personal information when you use EValuerPro: - Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfilment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Personal information should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Our privacy policy is available at https://evaluerpro.com/privacypolicy.txt Last updated on 2024-April-22