TERMS OF USE

INTRODUCTION

These Terms of Use govern your use of DLF Hospitality Super App, including content, updates, and new releases (“Platform”). The Platform is a service application that connects the community of Platform users with the resident welfare association (“(RWA”)), club management, facility management company and all other third party service providers appointed by the facility management company including security personnels (collectively defined as ““Operators”” herein) to interact through the Platform, with a view to inter alia improving access to services, safety and security and convenience of the users (collectively “Services”).

ACCEPTANCE OF THE TERMS OF USE

Please read these terms of use carefully. By accessing, clicking on accepting these terms of use or using the Platform, you are agreeing to the terms of use set out below (as revised from time to time) (“Terms”) and concluding a legally binding contract with DLF Limited and our affiliates (hereinafter referred to as “we”, “us” or “our”). Please note that these Terms may be updated from time to time, and we advise you to look through them as often as possible. These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Platform including but not limited to the Services, communication, and Content (defined herein after) provided to us or to the Operators now or in the future via the Platform.

Your continued use of the Platforms after any changes to these Terms are posted, will be considered acceptance of those changes. Subject to your compliance with these Terms, DLF grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platforms.

ELIGIBILITY

You may use the Platform in accordance with these Terms and our Privacy Policy along with the creation of a user account ("Account") using your Personal Data which shall then be considered as your user profile ("Profile") on the Platform.

You must be over the age of eighteen (18) years and able to understand and agree to the terms, conditions, obligations, representations, exclusions, and warranties set forth in these Terms. If you are categorized as a child under the applicable laws and use our Platform and our Services, then it shall be assumed that you are registered as a dependent by a registered Account user and are using our Platform and our Services only under the guidance and involvement of the registered Account user (in such cases a parent or legal guardian.)

Please note that in case a child who is a dependent of a registered Account holder on the Platform, uses or accesses the Platform, it will be assumed that such use and access has been done under the guidance of the registered Account holder and we shall not be held liable for any misuse of the Platform or Services by children.

Our Platform is not available for use directly by children (under the age of 18 or any other age of children as per the applicable laws) and does not provide information aimed at or specifically targeting children.

USAGE OF PLATFORM

The Platform and Services can be accessed through a compatible mobile device using Internet access and may require software compatibility. You agree that you are solely responsible for the requirements to use the Platform and Services, including any applicable changes, software updates and fees for SMS messages, data plans, and general usage, as well as the terms of your usage with your mobile device and telecommunication network provider. We make no warranty or representation of any kind, express, statutory or implied as to a) the Services provides and the operation of the Platform by the Operators b) the availability of telecommunication network provider or telecommunication network services to access our Platform and Services at all times and all locations or c) any loss, damage or any other cyber security issues or intrusion of the telecommunication network provider and telecommunication network services and d) any disclosure of information to third parties or failure to transmit any data or communication or settings connected with your mobile device or telecommunication network provider or telecommunication network services.

USE AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

You may use the Platform in accordance with these Terms and our Privacy Policy along with the creation of a user account ("Account") using your Personal Data which shall then be considered as your user profile ("Profile") on the Platform.

You must be over the age of eighteen (18) years and able to understand and agree to the terms, conditions, obligations, representations, exclusions, and warranties set forth in these Terms. If you are categorized as a child under the applicable laws and use our Platform and our Services, then it shall be assumed that you are registered as a dependent by a registered Account user and are using our Platform and our Services only under the guidance and involvement of the registered Account user (in such cases a parent or legal guardian.)

Please note that in case a child who is a dependent of a registered Account holder on the Platform, uses or accesses the Platform, it will be assumed that such use and access has been done under the guidance of the registered Account holder and we shall not be held liable for any misuse of the Platform or Services by children.

Our Platform is not available for use directly by children (under the age of 18 or any other age of children as per the applicable laws) and does not provide information aimed at or specifically targeting children.

CONTENT

You are responsible for the information and content you upload, post, upload publish, and store on the Platform ("Content"). You grant us a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Platform. We are not responsible for the Content or data you submit through the Platform, and you agree not to use, nor permit any third party to use, the Platform to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a)
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any law.
b)
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy.
c)
Personal information of any third party without their consent. In case you publish any personal information of another person or a third party, we will presume that you have taken free, specific, informed, unconditional and unambiguous consent from such person to share their personal information with us and have made available these Terms and Privacy Policy to them and such personal information is true and accurate.
d)
solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding.
e)
Virus, trojan horse, worm or other disruptive or harmful software or data.

We have no obligation to monitor Content on the Platform. We may disclose any information necessary to satisfy our legal obligations, to protect us or our Operators, our users, or for the operations of the Platform to run smoothly and effectively. We in our sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms.

You agree and allow us to use any feedback, suggestions, or complaints you provide to us in any way, including in future modifications of the Platform, other products or services, advertising or marketing materials.

INDEMNITY AND RELEASE

You shall indemnify and hold us, our officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) harmless from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Privacy Policy or any document incorporated by reference, or your violation of any law, rules, regulations, or the rights of a third party.

LIMITATION OF LIABILITY

In no event shall we, our their officers, shareholders, subsidiaries, associate companies, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the Platform or Services .

DLF shall not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.

DISCLAIMER

The Platform and Services, including all content, software, functions, material, and information made available or accessible through the Platform are provided “as is”. We make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services and/or Platform.

We do not warrant that the functions contained in content, information, and materials on the Platform, including, without limitation any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

ADVICE

It is agreed that none of the content or Services available on Platform shall be deemed to be any kind of advice by us. If you receive any information, recommendations, or advice from any Operator, employee or representative of Operator, then such information, recommendations or advice shall strictly be in the personal capacity of such Operator, employee or representative, and you may act upon it at your sole risk and costs. We shall in no way be liable or responsible for any transactions executed by you in pursuance of such information, recommendations, or advice. We and our officers, directors, partners, employees, agents, and affiliates shall have no responsibility with respect to any Services availed by you or investment decisions or transactions made by you.

PRIVACY POLICY

Our Privacy Policy outlines what Personal Data we collect when you sign-up with us or use our Platform, why we collect this Personal Data, and how we process that Personal Data to provide you with our services. You can access the Privacy Policy associated with our Platform to understand how we process and use your Personal Data.

VIOLATION OF TERMS OF USE / SUSPICIOUS ACTVITY

If we or the Operators, believe that you have violated any of the conditions as mentioned under these Terms of Use, our Privacy Policy and other terms and conditions applicable to the Platform, Services or any agreements consented to while availing Services or the Platform, or terms agreed to with your authorized Operators, we and the Operators reserve the right to suspend your access to the Services and/or Platform without prior notice to you.

YOUR USE OF THE PLATFORM

You agree that:

a)
Your use of the Platform shall not violate any applicable law or regulation.
b)
Your use of the Platforms shall be only for personal purposes and no commercial activities.
c)
All information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your account.
d)
You will manage your authorized user log in detail such as passwords and accept updates in a timely manner. You are responsible for securely managing the user details and password(s) associated with your Account on the Platform and to contact your authorized Operators and write to us immediately at superappsupport@dlf.in, if you become aware of any unauthorized access to your account details.
e)
You are responsible for all the interactions that take place on the Platform.
f)
You shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the Platform, including our copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
g)
You shall not access or use the Platform in any manner that (i) may be harmful to the operation of the Platform or its content; (ii) may be unlawful; (iii) maybe harmful to us or to any other user of the Platform; (iv) may hinder the other user’s enjoyment of the Platform; or (v) to defraud other user, DLF or any other service provider.
h)
You shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component, or malicious content, or otherwise impair or damage the DLF Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the DLF Platform.
i)
You shall not delete or modify any content of the Platform or Services.
j)
Your use of the Platform shall indicate that you have provided consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins, and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the Platform or Services. Please note that your continued use of the Platform following such Updates would mean deemed acceptance by you of the same.

COMMUNICATION

You agree and allow us and the Operators to contact you through telephone, email, SMS, or any other means of communication for the purpose of:

a)
Providing information about Platform or Services.
b)
Obtaining feedback in relation to the Platform or Services.
c)
Obtaining feedback in relation to any other services listed on the Platform.
d)
Resolving any complaints, information, or queries by you regarding the use of the Platform or your Content or your Personal Data.

You agree to provide full co-operation and correct and accurate information further to such communications made by us or the Operators.

Automated push notifications may be sent to you if you opt for push notifications through your device level settings for our Platform. You may choose to disable the notifications/ opt out of receiving such notifications by modifying the settings in your device regarding the Platform.

By submitting suggestions or other feedback regarding the Platform or Services, you agree to allow us to use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.

ANALYTICS

We may use the information and data that you provide to us through the Platform to make recommendations for Services, features that may be of interest or be useful to you. For example, we could use the data of the facilities you use to recommend club offers etc. By keeping your Profile accurate and Account up to date will enable us to make more accurate and relevant recommendations and updates from our Platform.

GENERAL

No joint venture, partnership, employment, or agency relationship exists between you, us or any third party as a result of the contract contained in these Terms. If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, we shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms (together with the Privacy Policy and any additional terms displayed in specific sections of the Platform) constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.

We shall not be liable for any acts or omissions on part of the Operators including inter alia deficiency in Service, wrong delivery or communication of Services, quality, incorrect billing, inability to use the facilities, time taken to close any Service request etc.

The Operators shall be solely responsible for any warranty/guarantee of the Services and facilities provided by them to the users of the Platform and Services and in no event shall be our responsibility.

GENERAL

We shall not be responsible for any delays or defaults in the performance of its obligations due to any contingencies beyond its control. Such contingencies include but are not limited to losses caused directly or indirectly by exchange or market rulings, cyber security incidents, suspension of trading, fires, floods, civil commotions or riots, earthquakes, cyclones, tsunamis, wars, strikes, pandemics or health calamities, any terrorist actions, system failures, breakdown in internet links and any regulatory actions by the government.

GOVERNING LAW AND JURISDICTION

The Platform and Services, all your interactions with the Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that any claims arising out of the use of the information from the Platforms or services shall be governed by the laws of India and only the Courts in Gurugram, India and no other Courts, shall have jurisdiction over the same.

TERMINATION

The Platform and Services, all your interactions with the Platform, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that any claims arising out of the use of the information from the Platforms or services shall be governed by the laws of India and only the Courts in Gurugram, India and no other Courts, shall have jurisdiction over the same.

GOVERNING LAW AND JURISDICTION

We or the Operators may immediately, in our sole discretion, and without notice terminate these Terms or suspend your use of this Platform if you fail to comply with these Terms, the Privacy Policy or are in violation of any other agreement, laws or regulations.

Upon such termination you must immediately stop using the Platform and any outstanding payments or Services due to you shall be dealt with manually by your authorized Operators.

Any termination of these Terms shall not affect the Operator’s rights to any payments or fees that are due and payable by you to the Operators.

This section along with the terms of the Privacy Policy will survive and remain in effect even if these Terms are terminated.

ASSIGNMENT

You shall not transfer or assign any of your rights and obligations arising from these Terms.

You agree and acknowledge that we may assign or transfer our rights and obligations under these Terms in whole or in part, to (i) an acquirer of DLF or any other DLF entity or their respective equity interest, business or assets; or (iii) a successor entity resulting from any corporate action including mergers or demergers.

SEVERABILITY

If any part of the provisions contained in these Terms are determined to be invalid, or unenforceable to any extent, such provision shall be severed from the remaining provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

Support

We support and encourage all users to contact us for questions, concerns, or suggestions relating to our Terms and our Privacy Policy or practices involving the usage of data.

For any Platform related technical issue, you may first reach out to DLF via chat support on the Platform for real time basis resolution or write to us at [ ].

For any Service related issues, you may first reach out to your authorized Operators via [ ] or write to your respective Operator.

In case you do not receive a satisfactory response from the chat support facility or from the Operators as the case maybe, you can escalate the matter to our Grievance Officer at [ ] and we shall address your concern within as soon as possible.

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[Name _______________]

Grievance Officer, DLF Limited

Address – [ ]

Email address -  [ ]@dlf.in

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Gaurav Sharma

Grievance Officer, DLF Limited

Address – [ ]

Email address - s-gaurav@dlf.in

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Time: Monday - Friday (09:00 a.m. to 19:00 p.m.)