TERMS OF USE

• BACKGROUND

  The following Terms of Use (“Terms”), along with any and all other associated and referred documents, govern the access to and use of the website located at www.athaus.in (“Our Site”) and any related webpages, applications or digital platforms operated by Saga Mountains Private Limited (“we”, “our” or “us”), a company incorporated under the Companies Act, 2013, bearing CIN U55101DL2023PTC423877, having its registered office at 4 MMTC/STC Market, Geetanjali, New Delhi-110017, and operating the managed-workplace brand “HausPlus”.

  By accessing, browsing or using Our Site, Users acknowledge that they have read, understood and agreed to be legally bound by these Terms. If Users do not agree with these Terms, they must immediately discontinue use of the Website.

  These Website Terms govern your access to and use of the Site and the content available on or through the Site as an unregistered user or visitor. They do not apply to any products or services offered by us, which are governed by our separate Terms and Conditions of Business available on this website. If you use any of our physical spaces, login-based online services, brokerage or referral programs, or any other services provided by us, your use of those services will be governed by the terms and conditions applicable to them and accepted by you at the time of registration or use. If you access or purchase any of our products or services through our partners or third-party service providers, your use of those products or services will also be subject to the terms and conditions of the relevant partner or service provider.

  Continued use of Our Site after the posting of any changes to the Terms shall constitute a deemed acceptance of such changed/updated Terms.

• 1. DEFINITIONS AND INTERPRETATIONS

  1. “Applicable Law” means all applicable statutes, rules, regulations, governmental notifications, judicial decisions and binding directions in force in India.
  2. “Business Days” shall mean all days of the week excluding Sundays and gazetted holidays.
  3. “Content” shall mean any and all text, graphics, images, audio, video, scripts, code, software, databases, trademarks, logos, designs, layouts and any other form of information capable of being stored on a computer that appears on, forms part of, is generated, provided, or otherwise made accessible through Our Site;
  4. “Terms” shall mean the following Terms of Use, along with any and all other associated and referred documents;
  5. “User” shall mean any user of Our Site;
  6. “User Content” shall mean any content submitted to Our Site by a User;

• 2. ACCEPTANCE OF TERMS

  1. Use of Our Site shall constitute acceptance of these Terms.
  2. Users accessing Our Site on behalf of a company, partnership, association or any other legal entity represent that they are duly authorised to bind such entity to the present Terms.
  3. These Terms may be revised from time to time as we may deem fit. The revised Terms shall become effective immediately upon publication on Our Site. A User’s continued use of Our Site following such publication shall constitute acceptance of the revised Terms.

• 3. ELIGIBILITY

  1. Our Site shall be available only to individuals who are at least 18 years of age, unless otherwise specified.
  2. Users shall ensure that their usage of Our Site complies with the applicable law.
  3. Users shall not use Our Site where such use is prohibited by law.

• 4. ACCESS TO OUR SITE

  1. Our Site shall be available to Users free of charge.
  2. Access to Our Site is provided on an “as is” and “as available” basis.
  3. We reserve the right, at any time and without prior notice, to:
     1. modify or discontinue any part of Our Site;
     2. restrict or suspend access to any feature(s) on Our Site;
     3. introduce, modify or discontinue services;
     4. perform maintenance, upgrades or security enhancements.
  4. We do not guarantee uninterrupted, secure or error-free access to Our Site and shall not be liable to any User in any way if Our Site or any part thereof is unavailable at any time and for any period.

• 5. INTELLECTUAL PROPERTY RIGHTS

  1. Unless expressly stated otherwise, Our Site, the Services, and all Content made available through Our Site, including all copyrights, trademarks, trade names, logos, designs, layouts, graphics, photographs, software, source code, databases, compilations, audio, video and other intellectual property rights therein, are owned by or licensed by us and are protected under Indian and International intellectual property laws.
  2. Nothing contained in these Terms shall be construed as transfer of any ownership rights to any User.
  3. Subject to the present Terms, we provide Users a limited, personal, non-exclusive, non-transferable and revocable license to access and use Our Site and Content solely for their own personal and lawful use.
  4. No User shall:
     1. reproduce, publish, distribute or commercially exploit any Content available on Our Site;
     2. modify, translate, adapt or create derivative works of Content available on Our Site;
     3. remove or alter any copyright, trademark or proprietary notice from Our Site;
     4. frame, mirror or otherwise reproduce any part of Our Site on another website or platform;
     5. use any Content available on Our Site for commercial purposes without our prior written consent.
  5. We reserve the right but shall not be obligated to monitor, remove, edit, modify or remove any Content, at any time as we may deem fit.

• 6. LINKS TO OUR SITE

  1. Our Site may be linked subject to the following conditions:
     1. The linking shall be carried out in a fair and legal manner;
     2. The linking shall not suggest any form of association, endorsement or approval on Our part unless written permission is provided by us to that effect;
     3. The link shall not contain any of our logos, trademarks or wordmarks unless written permission is provided by us to that effect;
     4. The linking shall not be carried out in a way to damage Our reputation or to take unfair advantage of the same.
  2. Our site shall not be linked to any other site which contains material that is:
     1. Sexually explicit;
     2. Obscene;
     3. Deliberately offensive to any caste, creed, class, sex, religion, nationality, disability, sexual orientation, or age;
     4. Promoting violence;
     5. Promoting or assisting in any unlawful activity;
     6. Intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
     7. Likely to deceive any person;
     8. Intended to or is otherwise likely to infringe (or threaten to infringe) any person’s privacy;
     9. Intended to impersonate any person or otherwise misrepresent the identity of any person;
     10. Intended to infringe the intellectual property rights of any person or entity;

• 7. THIRD-PARTY SITES AND SERVICES

  1. Our Site may contain links to third-party websites, applications or services for the convenience of Users.
  2. Such links shall not be construed to constitute any endorsement, recommendation or approval by us unless expressly stated otherwise.
  3. Any such links, unless expressly stated, shall not be considered to be under Our control and shall only be used for informational purposes.
  4. Users’ access to any such third-party sites shall be entirely at their own risk and shall be governed by the Terms and policies of such third parties.

• 8. LIMITATION OF LIABILITY

  In no event shall we be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business opportunities, goodwill, data or business interruption, arising out of or in connection with your use of, or inability to use, Our Site, whether arising in contract, tort (including negligence), strict liability or otherwise, even if we have been advised of the possibility of such damages. In no event shall our aggregate liability arising out of or in connection with these Terms or your use of Our Site exceed INR 1,000 (Indian Rupees One Thousand).

• 9. INDEMNITY

  1. Users agree to indemnify, defend and hold us harmless, against all claims, proceedings, liabilities, losses, damages and expenses arising out of or in connection with:
     1. The User’s breach of these Terms;
     2. The User’s misuse of Our Site;
     3. The User's violation of any applicable law;
     4. The User’s infringement of any intellectual property, privacy or other rights of any third party;
     5. The content submitted on Our Site by such User.
  2. These obligations shall survive the termination of these Terms.

• 10. SECURITY

  1. We will employ reasonable skill and care to ensure that Our Site is free from any virus or other malware. However, we shall not be liable or responsible for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect any User’s hardware, software, data or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
  2. Users are solely responsible for protecting their own hardware, software, data and other material from viruses, malware and any other security risks.
  3. Users shall immediately notify us of any suspicious activity, suspected unauthorised access or security breach;
  4. We reserve the right to investigate any suspected security incident and cooperate with law enforcement authorities wherever required.

• 11. USER OBLIGATIONS

  1. Users shall at all times ensure that:
     1. Our Site is used in a lawful and bona fide manner;
     2. Any and all local, national or international laws and regulations are complied with;
     3. Our Site is not used to upload or transmit viruses, malware or malicious code;
     4. They do not gain or attempt to gain unauthorised access to any of Our servers, network, account or database;
     5. They shall not interfere with the operation or security of Our Site;
     6. They do not impersonate any other person or entity;
     7. They don’t submit false or misleading information on or through Our Site;
     8. Our Site is not used in any way, or for any purpose, which harms or is intended to harm any person(s) in any way.
     9. They don’t use automated tools, bots, crawlers, spiders or similar technologies to access, monitor or copy any part of Our Site without our prior written consent;
     10. They don’t use data from Our Site for commercial purposes or for developing, training or improving any artificial intelligence, machine learning or similar model;
     11. They don’t reverse engineer, decompile or otherwise attempt to derive the source code of any software forming part of Our Site;
     12. They don’t use Our Site in any manner that is likely to disable, damage, or impair its functionality or security in any way.
     13. They maintain appropriate security measures, including antivirus protection, password security and data backups while accessing Our Site.
  2. Wherever Our Site permits users to submit any enquiries, reviews, comments, photographs, feedback or other material, the User shall be solely responsible for such Content and shall at all times, ensure that such Content shall not contain any data that:
     1. Is sexually explicit;
     2. Is obscene, deliberately offensive, hateful or otherwise inflammatory;
     3. Promotes violence;
     4. Promotes or assists in any form of unlawful activity;
     5. Discriminates against, or is in any way defamatory to, any person, group or class of persons.
     6. Is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
     7. Is calculated or is otherwise likely to deceive;
     8. Is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
     9. Misleadingly impersonates any person or otherwise misrepresents the User’s identity or affiliation in a way that is calculated to deceive;
     10. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
  3. By submitting any Content as referred to in sub-clause (b), the User grants us a worldwide, non-exclusive, royalty-free, transferable licence to host, reproduce, store, display, publish, communicate and otherwise use such User Content for operating, improving and promoting Our Site and services.
  4. We reserve the right to but shall not be obligated to review, edit, refuse or remove any User Content as we may deem necessary, without prior notice.

• 12. COMMUNICATIONS FROM US

  1. Subject to the User’s consent, we shall send them regular updates and marketing communications.
  2. Users shall have an option to opt out of Our marketing communications at any time by using an unsubscribe link provided with each communication.
  3. Upon opting out of marketing communications, a compliance period of 14 Business Days shall be provided to us for processing the request. The User may continue to receive communications from us during the compliance period.

• 13. PRIVACY POLICY

  1. We are committed to protecting the privacy of our Users and endeavour to take all reasonable steps to ensure the privacy of our Users.
  2. We collect User data through various means including direct collection of voluntarily provided information, automatic collection of technical information and collection of information from third-party service providers engaged to support the operation of Our Site.
  3. We shall not be liable for any unauthorised use of User Data by any third party.
  4. For further information, please access our Privacy Policy at www.athaus.in/privacy.

• 14. DATA PROTECTION

  1. By using Our Site, Users consent to the processing of their personal data as may be required for the functioning of Our Site and administrative purposes.
  2. Any personal data collected by us will be collected, stored and processed in accordance with the Applicable Law.
  3. For a better understanding of our collection, storage and processing of personal data, Users are urged to go through our Privacy Policy.

• 15. SUSPENSION OR TERMINATION OF USE

  1. We reserve the right to suspend or terminate any User’s access to Our Site as we may deem fit.
  2. In case of any breach of the present Terms, we reserve the right to:
     1. Issue a written warning to the User;
     2. Suspend (temporarily or permanently) the User’s right to access Our Site;
     3. Remove any content submitted by the User;
     4. Initiate legal proceedings against the User for reimbursement of any and all relevant costs resulting from the User’s breach; and/or
     5. Take any other action which we may deem fit.

• 16. CHANGES TO THESE TERMS

  1. We reserve the right to alter these Terms at any time as we may deem fit.
  2. The updated Terms shall become effective upon publication on Our Site.
  3. Continued use of Our Site after publication of changes shall constitute a User’s acceptance of the updated Terms.
  4. In the event of any conflict between different versions of these Terms, the latest Terms shall prevail unless expressly stated otherwise.

• 17. LAW AND JURISDICTION

  1. These Terms shall be governed by Indian Laws.
  2. All disputes arising out of or associated with the present Terms shall be subject to the exclusive jurisdiction of the Courts of New Delhi.

• 18. MISCELLANEOUS

  1. These Terms along with any and all other associated and referred documents, constitute the entire agreement between the User and us relating to the use of Our Site and supersede all prior discussions, communications or understandings relating thereto.
  2. If any provision of these Terms is held to be unlawful, invalid or unenforceable by a competent court, such provision shall be deemed severed to the extent necessary, and the remaining provisions shall continue in full force and effect.
  3. Any waiver from these Terms shall not be valid unless and until provided by us in writing.
  4. Any failure by us to enforce our rights under these Terms at any time for any period shall not be construed as a waiver of such rights.
  5. We may assign, transfer, novate or otherwise deal with our rights and obligations under these Terms without restriction.
  6. Nothing contained in these Terms shall be construed as creating any partnership, joint venture, agency, employment or fiduciary relationship between the User and us.