Terms & Conditions
- This website (msmodybuilders.com) is the property of and operated by M.S. MODY BUILDERS & DEVELOPERS, a company incorporated under the Companies Act, 1956 of India and having its registered office at 1st Floor, Vrindavan, Plot Number 1, Padmanagar, Evershine Nagar, Malad West, Mumbai – 400064 (hereinafter referred to as “the Company”), and its group companies (affiliates, subsidiaries, ultimate holding company and its subsidiaries)
- The users/customers may please note that (msmodybuilders.com) is the only official website of the Company. The users/customers are cautioned and advised to rely only on the information and contents that are displayed on the website and not to rely upon any information stated on any other websites which may appear to be similar to the website, including the ones that contain M.S. MODY BUILDERS & DEVELOPERS Company’s logo/brand name.
- By using the Website for any purpose and in any manner including general browsing, response/feedback, availing of services, or downloading content, it is presumed that you have read and understood and have agreed to abide by and be governed by the terms and conditions set forth herein (Website Terms and Conditions) read along with any other terms and conditions governing the use of the Website including linked sites.
- The Website and its contents are available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and of legal age in your jurisdiction to form a binding contract and that any personal information you may submit will be accurate and truthful. The Company reserves the right to ask for proof of age from you and your account may be suspended until satisfactory proof of age is provided. We may, in its sole discretion, refuse to offer the Website to any person or entity and change its eligibility criteria at any time.
- The Website makes available information/material on the Company, its products/projects as well as products/projects of its group/affiliate/ associate companies (the Company and such group/affiliate/ associate companies are hereinafter collectively referred to as the M.S. MODY BUILDERS & DEVELOPERS and connected information which are exclusively in the nature of general information and should not be construed as advice (including technical advice) in any manner. The Website may include information and photographs of various properties developed and constructed or in the process of being developed and constructed by the Company or under their supervision. Such information may include technical data like layout plans, site plans, plot size, apartment/unit size, project status and completion dates, etc. as also pictures/photographs. The Company does not provide any express or implied warranty, representation or assurance regarding the accuracy or reliability of the information on the Website or in respect of any matter relating to the Website. Your reliance on the Website or any information on the Website is entirely at your own responsibility and risk and the Company assumes no responsibility and shall not in any way be liable in this regard. The Company may modify or update or alter or add to the information and content of the Website as also the Website Terms and Conditions without any obligation to notify you or any other past, present, or prospective user of the Website. Additionally, the prices and availability of the products, services, schemes, etc. provided or offered on the Website are subject to change without prior notice and at the sole discretion of the Company. The legal obligations set out herein are in addition to any other legal obligations which arise between the parties due to sale of products or services.
- The Website is solely for your personal non-commercial use, and you must ensure that your use of the Website is exclusively for this purpose. The Company only grants you a non-exclusive, non-transferable, limited right to use the Website. You shall not claim any other right in respect of the Website. You shall also not have any right or license to use any of the trademarks of the Company or M.S. MODY BUILDERS & DEVELOPERS that may be contained on the Website. You shall not reproduce, copy, modify, distribute, publish, license, transmit, display, commercialise, transfer, sell or deal with the information and/or content of the Website in any other manner. You shall not create any derivative work from any information or content appearing on the Website or any part of it. The Company may withdraw access to the Website at any time at its discretion without offering any reason or notice whatsoever.
- The Corporate Logo of the Company indicated on each page and that of their subsidiaries and affiliates are the trademarks owned by M.S. MODY BUILDERS & DEVELOPERS, which also includes all-other graphics, logos, page headers, taglines, button icons, scripts and service names (M.S. MODY BUILDERS & DEVELOPERS Trademarks). The said trademarks will not be used in connection with any product or service that is not in any manner connected or provided by M.S. MODY BUILDERS & DEVELOPERS, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits M.S. MODY BUILDERS & DEVELOPERS. All other trademarks not owned by the Company that appear on the Website, are the property of their respective owners, who may or may not be affiliated with or connected to the Company and the Company does not claim any right, interest or affiliation with such parties. Nothing on the Website or your use of any of the services shall be construed as conferring any licence or other rights under the intellectual property or other proprietary rights of the Company, its subsidiaries and affiliates, or any third party, whether implied or otherwise, save as expressly provided.
- You shall use the Website only for lawful purposes and in accordance with the Website Terms and Conditions. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not use the Website for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity, or, to send, use or reuse any material that does not belong to you; or is illegal, offensive, deceptive, misleading, abusive, indecent, defamatory, in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or relates to or promotes money laundering; or, to cause annoyance, inconvenience or needless anxiety. You shall not in any manner interfere with the software or any other technical aspect of the Website or use the Website in any manner that could disrupt, damage, disable, or adversely affect any server of the Company or any networks or operating systems connected to the server of the Company. You shall also not use the Website in a manner that interferes with or impedes the use of the Website by other users. You shall not attempt to gain access to the Website through unethical and / or illegal means including hacking. You shall not attempt to alter the contents of the Website in any manner or post or attempt to post any abusive or defamatory content on the Website. You shall be completely and solely responsible and liable for any charges, taxes, duties, fees and any other charges that arise in connection with your use of the Website.
- The Company does not make any assurance or guarantee uninterrupted or error-free operation of the Website. The Company is also not responsible for any damage or interference to a user’s computer system that may occur while using the Website or any links to the Website. You are to be at the sole responsibility to take your own precautions to ensure your computer and operating system meet the necessary technical specifications and safeguards for using the Website. Furthermore, the Company reserves the right to suspend or restrict access to the Website for repairs, maintenance, or the introduction of new facilities or services, without prior notice to the user.
- The Website, the information and software therein are made available to you on an “as is” basis by the Company without any warranty, express or implied, of any kind including but not limited to that the Company shall under no circumstance and in no event be responsible or liable for any loss or damage (direct, indirect, special, consequential, incidental or otherwise, whether by way of loss of profits or loss of business opportunity, business interruption or loss of information or data or programs), arising in any manner whatsoever whether in contract, law, tort, or any other basis, that you may suffer out of your use of the Website and / or your reliance on the Website and / or any information therein.
- You hereby agree and authorize the Company to access your name, address, telephone number, e-mail address, birth date and / or anniversary date (collectively Basic Data / Contact Details) and consent to being contacted through calls / emails / SMS / other communication by the Company in order to assist you with your purchase or keep you informed regarding product details or send to you any product or service-related communication and offers. You hereby confirm that you have provided the Basic Data / Contact Details at your sole discretion and confirm that M.S. MODY BUILDERS & DEVELOPERS shall not be held responsible or liable for any claim arising out of accessing or using the said Basic Data / Contact Details.
- The Website may contain links to other websites (Linked Websites). These links are provided only for convenience and information. The Company has no control over the content or the availability of these Linked Websites and has not reviewed the information on the Linked Websites. The Company shall not be responsible or liable for any aspect of the Linked Websites including the content therein.
- If any of the Website Terms and Conditions are illegal or not enforceable, the same shall not affect the legality or enforceability of the remaining Website Terms and Conditions.
- Your use of the Website is subject to the “Privacy Policy” available on the Website. Please review the same. By using the Website, you accord your consent to the Company processing your personal information as set out in the “Privacy Policy”.
- If you breach any of the Website Terms and Conditions or any law or do any act or deed that affects the rights of third parties, the Company reserves the right to terminate your right to use the Website forthwith without any notice to you. The provisions of the Website Terms and Conditions shall survive any such termination. You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, associates, directors, officers, agents and employees from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to your use or misuse or an unlawful or negligent act or omission of, or access to, the Website and content, or otherwise from your user submissions, violation of the Website Terms and Conditions, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with the Company in asserting any available defences. In case the Company fails to act with respect to a breach by you or any other party or uses, such failure shall not constitute a waiver, nor shall it preclude the Company from exercising its right to act in respect of subsequent breaches.
- The Website Terms and Conditions shall be governed by the laws of India and the courts in Mumbai shall have exclusive jurisdiction in respect of any matter or dispute arising out of or in respect of the Website Terms and Conditions.
Privacy Policy
MS MODY BUILDERS respects and protects the privacy of the individuals that access the information and use the services brought through by them. Individually identifiable information about you is not wilfully disclosed to any third party without first receiving your permission, as covered in this Privacy Policy. This Privacy Policy describes M.S. MODY BUILDERS & DEVELOPERS’ treatment of personally identifiable information that M.S. MODY BUILDERS & DEVELOPERS collects when you are on the M.S. MODY BUILDERS & DEVELOPER’S site.
M.S. MODY BUILDERS & DEVELOPERS does not collect any unique information about you (such as your name, email address, age, gender etc.) except when you specifically and knowingly provide such information on (msmodybuilders.com Please be aware, however, that we will release specific personal information about you if required to do so in order to comply with any valid legal process such as a search warrant, statute, or court order, or if we find that your actions on our website violate the Terms of Service or any of our guidelines for specific services. Your consent and changes to the Privacy Policy.
By using the website, (msmodybuilders.com, you consent to the collection and use of your information as we have outlined in this policy and to our Terms of Service. M.S. MODY BUILDERS & DEVELOPERS may decide to change this Privacy Policy from time to time. When we do, we will post those changes on this page so that you are always aware of the information we collect, how we use it, and under what circumstances we disclose it.