USER AGREEMENT

1. INTRODUCTION

This user agreement is an electronic record in terms of Information Technology Act, 2000 (Act) and rules thereunder, as applicable and is published in accordance with the requirements of the Act and the rules notified thereunder. This user agreement is generated by a computer system and does not require any physical or digital signatures. By browsing and using this Platform, it is deemed that you have consented to the terms and conditions set out herein and are bound by the terms and conditions set out herein. In the event you do not agree to the terms and conditions set out herein, please refrain from using this Platform

The use of the Platform is offered to you conditioned on your acceptance of all the terms and conditions contained in this User Agreement. Upon your acceptance, this User Agreement shall be effective and binding upon you and you shall not claim invalidity of this User Agreement merely on the grounds that this Agreement is being concluded electronically. You hereby further agree that this User Agreement is being concluded and executed at State of Karnataka.

All users are requested to carefully read the terms and conditions set out herein for the use of the Platform which is owned and operated by Bliv Spaces Private Limited, a company incorporated under the laws of India with its office at BLIV Spaces Pvt Ltd. REVA NEST. REVA UNIVERSITY, Bengaluru 560064.

In this policy, the term  ‘Platform’ refers to www.bharatklub.com and the bharatklub applications as listed on the google play store and app store; the terms ‘we’ or ‘our’ or ‘us’ refer to BLIV Spaces Private Limited, the company owning and managing the Platform; and the term ‘you’ or ‘your’ refers to the user who uses our Platform or registers on our Platform for himself/herself or is validly authorised on behalf of any other person (whether natural person or legal entity) to use and access our Platform for benefit of such other person. In the event you are accessing or using this Platform on behalf of some other person, we shall assume that you are duly authorised by such person. In the event you do not have sufficient authorisation to share such information with us, you shall be solely responsible for your acts and omissions.

You agree and confirm that you are competent to enter into this agreement and agree to give us the right to terminate this User Agreement if it comes to our notice that you do not have adequate authority and capacity to enter into this User Agreement.

2. ABOUT THE PLATFORM

We endeavour to provide access to the blue and grey collared workers to access various services through our Platform. You hereby acknowledge and agree that we are only a platform connecting you to various third parties and are in no manner liable for the products or services provided by such third parties.

In relation to housing opportunities posted on the Platform, we are an intermediary/platform only providing real estate-related listings for purposes of seeking rental accommodation by the User. We are in no manner responsible for the obligations of the owner/manager of the property listing including any liability arising on account of the accommodation not being to the satisfaction of the User, accidents, injury or liability arising on account of the conditions of the accommodation including but not limited to any structural defects or dilapidated condition of the property and in such cases, the User shall have the right to claim only against the owner of the property listing. Similarly, we are in no manner responsible to the owner of the property listing for any payment obligations, acts or omissions of the User.

In relation to the employment/job/gig opportunities posted on the Platform, please note that we are only an intermediary setting out the listings for job/gig openings for the benefit of the User and are in no manner liable in any manner whatsoever to the employer or the User (including their respective heirs, successors, affiliates or beneficiaries), and we shall in no case be considered as an employer or agent of the employer or as a contractor under applicable laws.

3. REFUND

The housing opportunities are for a minimum period of six months, subject to relevant notice in case of exigencies. In the event that an agreement for a housing opportunity is terminated prior to the term mentioned in this agreement then the deposit/advance, if any, will be refunded to you, subject to setoff of any amounts payable by you to the owner of the property as per your rent subscription.

4. DISCLAIMER OF LIABILITY

While we take all reasonable care in preparing and updating the information on this Platform, we and our Associates (defined below) do not represent or warrant (either express or implied) the accuracy, reliability or completeness of any of the content on the Platform. You acknowledge and accept that the Platform’s content may include errors. You further acknowledge and accept that you shall use this Platform and our services solely at your own risk and the content provided on this Platform is on “as is” and “with all faults” basis. Neither we nor our affiliates, associates, employees, officers, directors, advisors, licensors or any other person acting on our behalf (Associates) shall be liable or responsible to you in respect of your usage of the Platform and its content. Further, we and our Associates disclaim all liability and warranty in relation to the Platform and provision of other related services, whether express or implied, including in respect of the title and information on our Platform. We and our Associates disclaim all liability (including special, indirect or consequential loss) for loss directly or indirectly arising from: (i) your use of, or reliance on, the Platform or the Platform’s content and related services; (ii) unauthorised use or access to our servers; (iii) usage of services of third parties listed on our Platform; (iii) interruption or cessation of transmission to or from our server.

We provide no guarantee that access to the Platform will be available or that the Platform is free from viruses or anything else which may damage any computer which accesses the Platform. We may, from time to time, restrict access to any part or whole of the Platform in our discretion for any reason whatsoever including to prevent the spread of virus or security breach or in case of non-compliance with the terms of this User Agreement by you or any other person. Any content downloaded or otherwise obtained through the Platform is done at your own discretion and risk and you are solely responsible for any damage to your computer or other electronic system or loss of data that results from the download of any such content.

5. NON-EXCLUSIVE LICENSE

The Company and/or its licensors own the intellectual property rights in the materials provided to you on and through this Platform. You are granted only a non-exclusive, limited and non-transferable right to access and view the content of this Platform in accordance with the terms and conditions mentioned herein. You are not permitted to copy, sell or distribute or otherwise deal with the content on the Platform without our prior written consent or to the extent expressly permitted by us. However, nothing contained in this User Agreement shall be interpreted to give you the license to use our trademarks and tradenames in any manner whatsoever.

 

 

6. USAGE OF THE PLATFORM

You agree to not use this Platform and its services for any purpose that may, in any way, give rise to any liability for us or constitute a criminal offence.

You agree to not use this Platform and its content in any manner that is: (i) unlawful, fraudulent, harassing, abusive, harmful, libellous, threatening, harmful, vulgar, obscene and otherwise objectionable material; or (ii) for gaining access to restricted parts of this Platform or any other computers or computer servers of other users, third parties; or (iii) for violating other users’ or third parties’ privacy; or (iv) disabling or avoiding any security device or attempting to probe or test the vulnerability of a system or network or interfering with the computer network by way of sending viruses etc. ). Further, you shall not, either directly or indirectly: (i) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform; (ii) access the Platform in order to build a similar or competitive service; (iii) copy, reproduce, distribute, republish, download, displayed, post or transmit in any form or by any means, any content of the Website / App (iv) use the Platform  in any way that causes, or may cause, damage to us, the Platform, its users or impair the availability or accessibility of the Platform in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (v) use the Platform for any unauthorized purpose, or in violation of any applicable law or the User Agreement; (vi) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain access to another user’s account, or private information from any user; (vii) infringe upon our intellectual property rights or similar rights of any third party; (viii) post, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, trojaiin 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 Platform; (ix) use any robot, spider, scraper, sniping software or other automated means to access the Platform for any purpose; (x) do anything that is detrimental to us or the Platform  or is not in accordance with the legitimate objectives of this Platform..

You agree to not abet and encourage any person to do any of the actions stated above. The Platform and its content is not intended for distribution to, or use by, any person or entity in any jurisdiction where such distribution or use would be contrary to their respective laws.

You also agree to provide accurate and complete information about yourself as prompted by our registration form or any field on the Platform. If you provide any information that is untrue or incomplete (or becomes untrue, inaccurate, not current or incomplete), or we have reasonable grounds to believe that such information is untrue or incomplete, we have the right to suspend or terminate your account and refuse further access to our services.

As a condition of your use of the Platform, you agree to indemnify and hold us and our Associates harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorney’s fees), as incurred, arising from your use of the Platform or related services or from your violation of the provisions of this User Agreement or breach of applicable laws.

7. NO ASSURANCES / NO GUARANTEES

Nothing contained on this Platform shall be relied upon as a promise or representation as to past or future performance. The Platform may contain forward-looking statements. In some cases, you can identify forward-looking statements by reference to terms such as “may,” “will,” “should,” “believes,” “targeted,” “projected,” “estimates,” “predicts,” or other such terms. Forward-looking statements are subject to various risks and uncertainties; neither we nor our Associates provide any representation and warranties in respect of such statements. Neither we nor our Associates assume any liability in respect of the accuracy and completeness of such statements. We are also not liable to update, rectify or modify any such statements or any other content on this Platform. Past performance of any opportunity listed on this Platform is not necessarily indicative of its future performance. Neither us nor our Associates guarantee or assure any return under any of the opportunities listed on this Platform .

We shall also not be responsible in case of “phishing” or similar fraudulent scams. In order to mitigate the chances of such scams, ensure you are visiting the authorised url of our Platform; you check for affiliation of officers with us; you don’t share your password with anyone; and ensure that emails you receive are from the @bharatklub.

8. INVESTIGATION

When the company wishes to investigate a malfunction of the Platform or any breach of these terms and conditions by you or any other person, it may employ different mechanisms for assistance and you agree and confirm to co-operate with such investigation without any restrictions.

9. POLICY ON PAYMENTS

You agree that, for any payments done using our Platform, we are not responsible for the money movement or lack of it or freezing of money between your bank and the payment partner. You agree that we are not responsible for the ways in which the payment partner could use the data they might share with them, while doing a payment.

10. PRIVACY POLICY

Please access our privacy policy <here>. The privacy policy shall be deemed to form an integral part of this agreement by reference. By consenting to the terms of this User  Agreement, you agree to be bound by the terms of the privacy policy as well.

References on this Platform to any names, or services of third parties, or hypertext links to third party websites or information or content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties. If you decide to visit the websites of any such third party sites, you do so entirely at your own risk.

When you access and use the Platform, you may also be using the services of one or more of our affiliates or third-party service providers (e.g., Google Play, Apple iPhone Store, Windows Store etc.). The use of these services by you shall be subject to specific documentation agreed with such parties, 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 Platform. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor, in addition to this User Agreement, and you hereby explicitly agree to comply with same.

11. GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of India and subject to the paragraph below, courts in Bangalore, India will have jurisdiction.

Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claim/or differences which are not being amicably resolved, such disputes shall be referred to arbitration wherein each party shall appoint one arbitrator each who shall then jointly appoint the third arbitrator. The arbitral proceedings shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made there under. The seat and place of arbitration shall be Bangalore, India.

12. SEVERABILITY

If any provision of this User Agreement is determined to be void or unenforceable under applicable laws, such provisions shall be deemed amended or deleted to the extent necessary to conform to applicable laws and the remaining provisions of this User Agreement shall remain valid and enforceable as applicable at the time of its execution.

13. INDEMNITY

You hereby covenants to keep us and our Associates from all damages, liabilities, demands, costs, expenses, claims, actions and proceedings (including all consequential, direct, indirect, special or incidental loss or punitive damages or loss, legal and other professional fees, cost and expenses, fines, penalties, interest and loss of profit or any other form of economic loss (including loss of reputation)) arising due to breach of this User Agreement by you or any person acting on your behalf or on account of violation of applicable laws.

14. TERMINATION

This agreement can be terminated by us, at any point of time, thus ending the relationship formed via this agreement, with or without a cause or notice. Once the agreement is terminated by us, your access to the Platform shall cease and will not include any or all services that were given to the user prior to the termination.

Company shall not be liable for the termination of agreement or termination of services, to any user or any third party. It is not mandatory for the Company to explain the user why their agreement was terminated but the causes could include any order from the government or the court, user’s breach of terms specified in the agreement including non-payment of monetary sum owed to the company or a reasonable suspicion on part of the company that a user has breached the terms and conditions of this agreement.

15. CONFLICTING AGREEMENTS

In case of execution of definitive agreements by you with us in respect of the investment opportunity (such as expression of interest, subscription agreement etc.), if this User Agreement conflicts with the provisions of such definitive agreements, the provisions of the definitive agreements shall prevail.

16. AMENDMENTS

We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. The updated User Agreement shall be posted on the Platform so that it is always available to you; however, in case of substantial changes to this User Agreement, we shall notify you in accordance with applicable laws through your email id provided to us.

17. COMMUNICATIONS

You agree that we are authorised to call/SMS/e-mail you despite your registration with the National Do Not Call or Do Not Disturb services.

18. CONTACT US

In the event of any disputes or grievances, you may write to our grievance officer Mr Deepak Sonthalia, CEO at deepak@blivspaces.com.  The grievance officer shall take cognisance of the matter and undertake steps to resolve the matter in accordance with provisions of applicable laws including in relation to Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Our customer care contact number is +91 7373738987.