- The Covered Platforms (hereinafter defined) refer
to an internet based portal owned and operated by PropertyShare Online Platform Private Limited
(“PSOP”), a company incorporated
under the laws of India and having its registered office located at E715, 7th A Main, Raheja Residency,
Koramangala 3rd Block, Bangalore- 560034. PSOP has two subsidiaries namely PropShare Capital Advisors
Private Limited, a portfolio manager registered with the Securities and Exchange Board of India
(“PSCap”) and PropCap Property
Management Private Limited (“PropCap”), a company that offers property management services. PSOP, PSCap,
PropCap and their subsidiaries, successors, assigns and affiliates shall hereinafter be referred to as
“PropShare”. Accordingly, the terms
refer to PSOP, PSCap or PropCap either severally or collectively as the context of the usage may
require. PropShare provides the users, an online platform to facilitate purchase of ownership of
completed rent yielding real estate assets including commercial, retail, warehousing, hotels
- These terms and conditions of use
applicable to your use of the PropShare website (www.propsharecapital.com), mobile-optimized versions of
the website, digital applications, and any other media formats for the purposes of use and promotion of
PropShare (collectively referred to as the “Covered Platforms”), and other products, software and services, which may be offered from
time to time, on the Covered Platforms or offline, owned or licensed and operated by PropShare and its
affiliates, such as email, chat, bulletin board services, information related to recommendations, news
groups, forums, communities, personal web pages, calendars, and/or other message (together the
- By accessing the Covered Platforms, registering as
a User with the Covered Platforms, submitting any material to the Covered Platforms or using any of the
Platforms or Services.
- You represent and warrant that you are an
individual of legal age or a HUF or a company or a trust or an LLP eligible to form a binding contract
as per the Applicable Laws of your domicile (or if not, you’ve received your parent’s or
guardian’s or governing body’s permission to use the Covered Platforms and such approving
- Unless the context otherwise requires, for the
Law” means all laws, ordinance, statutes, rules,
orders, decrees, injunctions, licences, permits, approvals, authorizations, consents, waivers,
privileges, agreements and regulations of any governmental authority/court of law having
jurisdiction over the relevant matter including any interpretations thereof, in effect;
- “Intellectual Property
Rights” means all patents, designs and drawings,
trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand
names and business names and any similar rights and the benefit (subject to the burden) of any of
the foregoing (in each case whether registered or otherwise, and includes applications for the grant
of any of the foregoing and the right to apply for any of the foregoing in any part of the
- “Terms and
Transaction Documents (if any) or any other document which outlines or governs the relationship
between the User and PropShare regarding the use and access of Covered Platform and Services;
Documents” means the various documents required to be
executed by a User to purchase an interest in a listed property on the Covered Platform;
- “User” means you, and does not include your permitted assigns,
successors, trustees, successors-in-interest, heirs and legal representatives and the like, unless
the context requires otherwise;
Account” means the personal online account created by
User to access and use the Covered Platforms;
applicable), PropShare grants you a non-transferable, non-exclusive, license to use the Covered Platforms for
your personal, non-commercial use.
- Intellectual Property Rights
- You acknowledge that all the Intellectual Property
Rights in the Covered Platforms are owned either by PropShare or PropShare's licensors, or by the
content suppliers, as the case may be, but in no event by the User except as explicitly provided herein.
The use, access and provision of the Covered Platforms does not transfer to you or any third party any
rights, title or interest in or to such Intellectual Property Rights. PropShare or PropShare's
licensors, or content suppliers reserve all Intellectual Property Rights not specifically grated in
- Subject to the restrictions under Paragraph 5
(Restrictions on Use) below, you agree that all copyright and other proprietary notices on any Covered
Platforms content must be retained on all copies thereof.
- Restrictions on Use
are subject to the restrictions provided below.
- You shall not:
- license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Covered Platforms, without express written
consent of PropShare;
- access the Covered Platforms in order to build
a similar or competitive service;
- copy, reproduce, distribute, republish,
download, displayed, poste or transmit in any form or by any means, any part of the Covered
Platforms, for any commercial purpose or otherwise, without express written consent of
- use the Covered Platforms in any way that
causes, or may cause, damage to the Covered Platforms, its Users or impair the availability or
accessibility of the Covered Platforms or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or
- abuse, harass, impersonate, intimidate or
threaten other Users;
- post or transmit, or cause to be posted or
transmitted, any content that is harmful, infringing, libellous, defamatory, abusive, offensive,
obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or otherwise violates any
Applicable Law or right of any third party; or that threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents investigation of any offence or
is insulting any other nations;
- use the Covered Platforms for any unauthorized
- post or transmit, or cause to be posted or
transmitted, any communication or solicitation designed or intended to obtain password, access to
another User’s account, or private information from any User;
- create or send unwanted email (spam) to any
- impersonate any person or entity, or falsely
state or otherwise misrepresent your affiliation with a person or entity;
- infringe upon the Intellectual Property Rights
of PropShare, other Users, or any third party, while accessing or using the Covered Platform;
- submit comments linking to affiliate programs,
multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload, or otherwise
make available any material that contains software viruses or any other computer code, trojan horse
or other code with malicious, disruptive and/or destructive features, files or programs designed or
functioning to interrupt, destroy, or limit the functionality of any computer software or hardware
or telecommunications equipment, including the Covered Platforms;
- use any robot, spider, scraper, sniping
software or other automated means to access the Covered Platforms for any purpose;
- conduct any systematic or automated data
collection activities on or in relation to the Covered Platforms without express written consent of
- use the Covered Platforms or any part of it to
transmit or send unsolicited commercial communications, or for any other purposes related to
marketing, without express written consent of PropShare;
- take any action that imposes, or may impose,
in our sole discretion, an unreasonable or disproportionately large load/strain on our
- sell or otherwise transfer your User Account/
profile, or allow any third party to use or access your User Account; or
- without our prior written consent, reverse
engineer, frame, modify, copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information, software obtained from or part of
the Covered Platforms.
- User Accounts
- You may need to register an account with us in
order to use or access the Covered Platforms or the Services.
- To be eligible to register an account with us, you
must be of such age that you can enter into legally binding agreements as per Applicable Laws where You
- By registering an account with us
(“Registered User”), you represent
and warrant that you are such age that you can enter into legally binding agreements as per Applicable
Laws where You reside in, that all information you submit is true, accurate and complete and you shall
information you submit is truthful, accurate and complete; (b) you will maintain the accuracy of such
information; and (c) You are eligible to enter into legally binding agreements under the Applicable Laws
where You reside in. You acknowledge that Your use of the Covered Platform shall be deemed to be genuine
and any action taken by PropShare or any third party based on the same shall be deemed to be
- You will be solely responsible for maintaining the
confidentiality of your User Account and log-in details, and we will not be responsible for misuse of
your User Account by any third party, whether authorized by you or not. You may never use another
User’s account without permission of such User and us. You also prohibited from sharing your
log-in details or allowing anyone access to your account or do anything that might put your User Account
or other User Accounts at risk.
- You are responsible for any activity on the
Covered Platforms arising out of any failure to keep your User Account confidential and may be held
liable for any losses arising out of such a failure. You agree to notify us immediately of any
unauthorized use of your User Account or any other breach of security.
- PropShare reserves the right to refuse to offer
access to or use of the Covered Platforms to any person or entity at PropShare’s sole discretion
including by changing its eligibility criteria at any time.
- The Covered Platforms may allow a User to create more than one profile under it, especially in case of family members,
relatives and affiliates. In the event that Your profile has been created under another User’s profile,
it will be deemed that you have accorded your consent to such User to create such profile.
Any action initiated under Your profile shall be deemed to have been done with your consent and due authorization.
You may at any time place a request to delink your profile linked to a User by writing an email to firstname.lastname@example.org.
All such delinking requests will be processed at the earliest and a new User profile will be created for you.
- Mobile Apps and Third-Party Services
- When you access and use the Covered Platforms, you
may also be using the services of one or more of our affiliates or third-party service providers,
including wireless carrier, mobile platform provider, or application store (e.g. GooglePlay, Apple
iPhone Store, Windows Store etc.). The use of these services by you shall be subject to specific
these affiliates or third parties (including fees for downloading and using mobile applications, and any
operator network and roaming charges), and you hereby explicitly agree to comply with same.
- You may have to use third-party payment gateway to
make payments to us, or to other vendors through the Covered Platforms. The processing of payments will
be subject to the terms, conditions and privacy policies of the payment processor, in addition to these
based on your payment method and may be determined by agreements between you and the financial
institution, credit card issuer or other provider of your payment method. We are not responsible for any
error by the payment processor.
- External Content
- The Covered Platforms might contain links to third
party websites, services, and advertisements for third parties. Third party websites may in turn link to
the Covered Platforms. You acknowledge and agree that third party websites, advertisements and services
are not under the control of PropShare and that PropShare is not responsible for the information,
content, products, services, advertising, or other materials which may be provided therein
- Additionally, we may furnish reports, summaries,
charts, data, valuation reports, and analysis prepared by third parties for you to provide better
understanding of the investment opportunity and the risks associated with you
(“Third Party Materials”). You
understand and acknowledge that your reliance on any Third Party Materials is at your own risk, and you
should always obtain independent business, legal and tax advice in relation to all your investment
- The inclusion of any link to such External Content
or Third Party Materials on the Covered Platforms does not imply PropShare’s endorsement,
sponsorship, or recommendation of such External Content or Third Party Material. PropShare specifically
states that the links to External Content and Third Party Materials have been provided for convenience
purpose and PropShare does not review, approve, monitor, warrant, make any representations, or assume
any liability whatsoever in connection with the use or reliance of such External Content.
- We strongly advise you to read the terms and
conditions and privacy policies of any third party websites or services that you click on, access or
- We use data collection devices such as
“cookies” on certain pages of the Covered Platforms to manage our users’ sessions,
store preferences, serve ads, track information, help analyze our web page flow, measure promotional
effectiveness, and promote trust and safety.
- The types of information cookies collect may
include personal information such as your name, your IP address, contact details, personal preferences,
and details of your use of the Covered Platforms.
- You have the ability to either accept or decline
access to certain features of the Covered Platforms.
- In order to avail Services from us, we may share
your personal information to third parties and/or regulatory bodies, subject to Applicable Law. We may
also allow third-party advertising companies and marketing services companies to serve ads and other
content when you visit the Covered Platforms and elsewhere on the internet and in other media. These
third-party service providers may place third-party cookies and use the information about your visits,
buying behaviour, browsing history, preferences, to this Covered Platforms and elsewhere to serve ads
and other content to you. We cannot control or access cookies used by third-party service
- In addition, we may provide your personal
information to marketing services companies on an anonymous and aggregate basis to allow them to market
their products or services, or for other marketing purposes. This may be information we received from
you offline and online.
- Limitations, Disclaimers and Exclusions of Liability
- All information, content, materials, products
(including software) and Services included on or otherwise made available to you on or through the
Covered Platforms are provided on an “as is” without any implied or express representations
or warranties, and other terms which might otherwise be implied by statute, common law or the law of
equity including, but not limited to, implied warranties of merchantability, suitability and fitness for
a particular purpose.
- PropShare does not warrant that the information,
content, materials, products (including software) or other Services included on or otherwise made
available to you on or through the Covered Platforms (whether by PropShare, its affiliates, suppliers,
content providers and advertisers), PropShare’s servers or electronic communications sent by
PropShare are free of viruses or other harmful components.
- PropShare shall not be liable for any damages
whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive
or incidental damages, or damages for business losses, loss of contracts or business relationships,
profits, data, database, software or other intangibles, damage to goodwill or reputation, or the cost of
procurement of substitute goods and services, arising out of or related to the use, inability to use,
performance or failure of the Covered Platforms and any materials posted thereon, products (including
software) or other Services or otherwise made available to you on or through the Covered Platforms,
irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution,
by statute, at common law or otherwise.
- Without prejudice to the generality of the
foregoing paragraph, PropShare does not warrant or represent:
- the completeness or accuracy of the
information published on the Covered Platforms;
- that the material on the Covered Platforms is
up to date;
- that the Covered Platforms or any Service on
the Covered Platforms will remain available.
- You understand and acknowledge that an investment
in real estate assets is speculative in nature and involves a high degree of risk, including the risk of
loss of capital. An investment in real estate asset is suitable only for sophisticated investors who
fully understand and are capable of bearing the risks of an investment in real estate assets. An
investor should only invest in real estate assets as part of an overall investment strategy, and only if
the investor is able to withstand a total loss of its investment. No guarantee or representation is made
by us that you will achieve your investment objectives or will receive a return of your capital.
- You confirm and acknowledge that by registering on
the Covered Platform, you authorize and consent to PropShare sending promotional and marketing content
to you through emails, phone calls, short message service or other electronic and non-electronic mode of
communication, and no such communication shall be deemed to be in violation of law relating to
unsolicited commercial communication.
- You accept that we have an interest in limiting
the personal liability of our officers and employees to the extent permitted by law and, having regard
to that interest, you agree that you will not bring any claim personally against our officers or
employees in respect of any losses you suffer in connection with the Covered Platforms or these Terms of
- The laws of certain jurisdictions do not allow
limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply
to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you
might have additional rights.
- We make no representation or warranty regarding
the Covered Platform:
- meeting your requirements,
- being accurate or reliable;
- being accessible in an uninterrupted, timely,
secure or error-free manner.
- Access to and use of the Covered Platforms by you
is contingent on your internet connection and we shall not be held liable for any loss that occurs due
to breaks in your internet accessibility.
- In the event that the Covered Platforms or any
portion thereof is not accessible due to technical problems or for any other reason, Users are not
entitled to claim any loss or damage from us, and we are not obligated to compensate any such
- If you are dissatisfied or harmed by the Covered
closing your account on the Covered Platforms.
Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including (a)
temporarily suspend your access to the Covered Platforms, (b) permanently prohibit you from accessing the
Covered Platforms, (c) blocking computers / devices using your IP address from accessing the Covered Platforms,
(d) contacting any or all of your internet service providers and request that they block your access to the
Covered Platforms, (e) commence legal action against you, whether for breach of contract or otherwise; and/or
(f) suspend or delete your User Account.
- Either you or PropShare may terminate the
relationship between us relating to the usage of the Covered Platforms, with or without cause, at any
time to be effective immediately. Please note that such termination shall only govern Your usage of the
Covered Platforms and any Services offered to You by an affiliate of PropShare or a third party shall
continue to be governed by the terms agreed in such individual service agreements.
- While PropShare will try to provide you prior
notice of any termination of your account, you agree that PropShare may under certain circumstances,
immediately terminate your User Account. Causes for termination may include, but shall not be limited
to, your breach of the Terms and Conditions, requests by law enforcement or government agencies,
non-payment of fees owed by you in connection with the access and use of the Covered Platform or the
- PropShare shall not be liable to you or any third
party for the termination or suspension of any Covered Platform. If you object to any Terms and
Conditions, your only recourse is to: (a) discontinue use of the Covered Platform or the Services; and
(b) notify PropShare of such discontinuance.
- Upon termination of the relationship, your right
to access or use the Covered Platforms and the Services shall immediately cease. You shall have no
right, and PropShare shall have no obligation thereafter, to execute any of your uncompleted tasks or
forward any unread or unsent messages to you or any third party. Once your User Registration is
terminated, cancelled or suspended, any data that you have stored on the Covered Platforms may not be
- Governing Law and Dispute Resolution
- These terms and conditions shall be governed by
and construed in accordance with the laws of India.
- The determination of existence of any disputes,
the nature of the disputes and how it should be handled relating to these terms and conditions shall be
decided by PropShare. Subject to the above, the courts of Bangalore will have exclusive jurisdiction
over issues arising out of these terms and conditions.
- Entire Agreement
between you and PropShare in relation to your use of the Covered Platforms and supersede all previous agreements
in respect of your use of the Covered Platforms. Please note, however, that other aspects of your use of
term of any individual service agreement executed with an affiliate of PropShare or a third party, such conflict
will be resolved at the sole discretion of PropShare.
PropShare reserves the right, at its sole discretion, to change, modify, add or
changes on the Covered Platforms. In such cases, changes will be effective upon expiry of seven (7) calendar
days following our posting of notice of the changes on the Covered Platforms. However, these changes will be
effective immediately for new users of our Covered Platforms. In the event a User has any reservation or
terminate this relationship under Clause 15. Your continued use of the Covered Platforms and/or the Services
are posted will be considered acceptance of such changes.
- Release and Indemnification
You agree to indemnify and hold each of PropShare, its directors, representatives,
employees, consultants and contractors, harmless from any claim or demand, including reasonable
solicitors’ fees, made by any third party due to or arising out of your use of the Covered Platforms and /
Property Rights or any other right of any other person or entity.
each other’s Confidential Information from unauthorized use, access or disclosure in the same manner as
each protects its own Confidential Information, but with no less than reasonable care. Except as otherwise
Information solely to exercise our respective rights and perform our respective obligations under these Terms of
Use. The term ‘Confidential Information’ shall mean all information disclosed or accessed by you to
us or by us to you which is labelled “confidential” (or with a similar legend) or which a reasonable
person would understand to be confidential given the nature of the information and circumstances of disclosure.
Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known
to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by the
receiving party by a third party not known by the receiving party to be under an obligation of confidentiality
with respect to such information; (c) is or becomes generally available to the public other than by violation of
disclosing party’s Confidential Information.
- If you need to give us notice of anything,
- If we need to give you notice of anything, we
shall write to you at the email address you provide to us.