2. AMENDMENT/MODIFICATION OF TERMS/SERVICES
3. SCOPE OF SERVICES
CubeBubbles offers an array of online services including but not limited to listing of properties on the website for sale, lease, purchase, creating a network for an apartment complex/building whereby. You can interact with your neighbours, apartment complex accounting, registration of society, posting classified advertisements, services offered by various third party vendors ("Services"). The services offered by CubeBubbles/ third party vendors may be availed by both individuals and organizations such as builders or brokers. You are permitted to post your requirements / advertisements on our website as long as such posting is genuine and is in accordance with the Terms. Further, with your consent, You may authorize any person, including CubeBubbles, to carry out the postings on your behalf and such postings shall also be in accordance with the Terms. You shall be solely liable for any posting done by you or by any person on your behalf or with your consent.
4. REGISTRATION OBLIGATION AND MEMBERSHIP
In order to avail the various services offered by us, you are required to register with CubeBubbles. If you represent an organization and wish to use the Services for your organization, we recommend that You, and all other users from your organization, sign up for user accounts by providing your corporate contact information. The membership of this website is available only to those above the age of 18 barring those Incompetent to Contract™ which inter alias include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If you are a minor and wish to browse/use the Website, you may do so through your legal guardian and CubeBubbles reserves the right to terminate your account on knowledge of You being a minor and using the membership of the Website. Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. In the event you provide us with false and inaccurate details or CubeBubbles has a valid reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account and levy penalty (esp. for brokers who list as owners or builders providing fake info).
5. PAYMENT OBLIGATION
The charges/fees for the various Services offered by CubeBubbles have been decided on a demographic basis and hence monthly subscription mode is not determined and dsiplayed in website because of its varying pricing based on location. How ever pricing for a particular country will be derived bench marking with other competitors and also after pricing negotiation with our B2B client. please mail to support@CubeBubbles.com to get more information. The model work as a pre paid wallet model with a minimum subscription time frame of 3 months and a maximum time frame of one year. Hence You may be required to pay the amounts, communicated by us or set forth in the Website, if you wish to avail any Services CubeBubbles reserves the right to alter/modify the amounts payable for the Services without any prior notice.
6. CANCELLATION AND REFUND
Since the subscription time frame ranges from 3 months to one year no cancellation will be made available for any cancellation requests arising between or before three months. Any cancellation requests need to be submitted in writing or in electronic format . The cancellation procedure and refund flow will be as follows
a. 3 months subscription - no refund
b. 6 Months subscription -
1) if cancellation request is made before 4 months of expiry ,refund of 3 months subscription after deducting 20% cancellation charges + any taxes that need to be levied
2) If cancellated after 4 months of expiry - no refund will be made
c) 12 months subscription
1) if cancellation request is made before 10 months of expiry , refund of 9 months subscription after deducting 20% cancellation charges + any taxes that need to be levied
2) If cancellated after before 7 months of expiry date or 4 months after initialisation period refund of 6 months subscription after deducting 20% cancellation charges + any taxes that need to be levied
3) If cancellated after before 4 months of expiry date or 6 months after initialisation period refund of 3 months subscription after deducting 20% cancellation charges + any taxes that need to be levied
4) if cancelled after 8 months of initialisation - no refund will be made
There will be no refund of any amounts paid by you for availing the various Services offered through the Website, except expressly stated else where CubeBubbles may offer certain discounts or other offers for the various Services. The terms and conditions of the offers/discounts shall be clearly set forth in the Website and the same may be time bound and hence you may not claim any offers/discounts when the time for the same has lapsed/expired. There are specific services which are offered directly by third party vendors and the role of CubeBubbles in such cases is only to post the availability of such services on our website. CubeBubbles will not be liable or responsible in any way for such services or the quality of such services. Any payments being made by Users do not accrue to CubeBubbles and CubeBubbles will not entertain any requests for information / clarification regarding such Services.
d) In case the customer is charged twice for a transaction ( for any technical or customer forced refresh error's), the excess transacted value will be reversed back via the same instrument , with in 07 to 10 working days, post verification.
e) Unique transaction ID generated by cubebubbles will serve as the reference number for any communication regarding refunds.
6. TERMS AND CONDITIONS FOR AVAILING THE SERVICES - WITHIN APARTMENT COMPLEX
The array of services offered by CubeBubbles includes Service rendered to residents within a building/apartment complex ("Residents") to interact with their neighbors and share their knowledge of the neighborhood. Subject to the provisions below, and to the terms of any agreement we may have with your building's owners or management or association, the following elements of the Service are available to Residents:
a) Network Access:
As part of the Service, CubeBubbles creates a unique Network for each building/apartment complex. If you are a Resident of a building, we will permit you to access the entire Network for that building by using a username and password. Initially, CubeBubbles will provide you with an activation code in a postcard or other mailing sent to your apartment complex/building or, in certain participating buildings, provided by your building's management or Residents. Otherwise, you may request an activation code from contactus@CubeBubbles.com. Please note that only one username and password should be created per user/Resident. Username is the email id provided by the Resident. You can invite other Residents living in your unit or any of your neighbour by clicking on "Invite Neighbours" by providing email ids or house reserve the right to verify this information before enabling an additional account.
b) Registration Information:
c) Profile Information:
d) Notices; Messages; Community Forums:
The Website contains notice board where you may post notices for other Residents to see. Please note that, if you post a notice, the uploaded users email and registered Unit number that you have provided will be displayed with that notice. Although we reserve the right to verify your information, we do not assume any obligation to do so. We cannot, and do not, guarantee that each person who claims to be a resident of your building actually is a resident of your building. We are not obligated to pre-screen or monitor any messages or bulletin boards or notice board or advertisement, but do reserve the right to do so, and to remove any message from the Website in our discretion. We may also forward offensive or unlawful content to law enforcement authorities or to your building's management or owners. In the event of any claim on CubeBubbles on account of any messages posted by you, CubeBubbles will not be liable for the same and You shall indemnify CubeBubbles in this regard.
7. TERMS AND CONDITIONS - OTHER SERVICES
a) Local Info:
The Website contains Local Info section which will allow you to access, rate, review vendors in your locality or neighbourhood. The information on these pages may be provided by a third party or submitted by individual Residents. You agree that any information that you provide on these sections will be true and accurate, and that you shall not defame, slander or libel any person or establishment. CubeBubbles cannot and does not guarantee the accuracy, integrity or quality of any content submitted by individual users or provided by third party. In addition, your interactions with businesses found on or through the Service, including payment and delivery of goods or services (including any food orders), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those businesses. In no event shall CubeBubbles or your building or management be liable for any damages arising out of any interaction between you and such parties.
b) Market Place:
Market Place lets you offer goods and services such as posting of properties for sale, new properties being developed in any area, etc. to one another, or post wanted ads. Please keep in mind that the Market Place is only a venue for you to place or respond to classified listings. CubeBubbles hereby reserves the right to set the limit on the number of responses for a free user. CubeBubbles does not take responsibility for the content on the website and You are required to exercise independent judgment before acting upon any content set out in the Website. You may not list or sell any item in the Market Place or otherwise through our Service which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, ordinance or regulation.
8. REGULATION OF USAGE OF WEBSITE
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. You agree not to use the Website (including, without limitation, any Services you may obtain through your use of the Website): in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; to stalk, harass, or harm another individual or organization; to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; to interfere with or disrupt the Website or servers or networks connected to the Website. Without limiting the foregoing, you may not list or sell any prohibited / banned items in the Market Place. You agree not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to the Website unless You have acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said property(s) on the Website. Photographs with any watermark are prohibited.
9. TERMINATION OF REGISTRATION
Without limiting any other remedies, CubeBubbles may terminate your account if
(a) you are found or suspected to have engaged in fraudulent activity in connection with the use of our Services,
(b) we are of the opinion that you have breached these Terms or such other reasons as deemed fit by CubeBubbles with or without assigning any reasons/evidence thereof.
10. COMMUNICATION FROM CUBEBUBBLES:
11. Information for Users/Service Providers:
Because certain areas of the Website are designed to help Users discover new rental or purchasing opportunities, you may browse some sections of the Network for any apartment complex/building on the Website, even if you have not yet registered. However, you will not be able to read or post any reviews or ratings in these sections unless you have logged in as a Resident of that Network's building. CubeBubbles will not make available any of the information which could be private to any apartment to public users without notifying users of the network. However authority of deciding upon a piece of information to be private stays with CubeBubbles.
12. INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks ("Marks") appearing in Website are the properties either owned or used under license by CubeBubbles. All rights accruing from the same, statutory or otherwise, wholly vest with CubeBubbles. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India. CubeBubbles respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. CubeBubbles shall respect the Intellectual Property Rights of the users as well as third parties. In a case where a User/s are found to be using Website as a platform to infringe the Intellectual Property Rights of others, CubeBubbles will be free to terminate the said User/s account forthwith without any notice to the user.
13. DISCLAIMER OF WARRANTIES ALL INFORMATION AND SERVICES PROVIDED BY THE COMPANY THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CubeBubbles DOES NOT WARRANT THAT THE SERVICES OFFERED ARE FREE OF ERRORS OR MISTAKES. CubeBubbles DOES NOT WARRANT OR REPRESENT THAT DEFECTS OR LIMITATIONS IN THE SERVICES WILL BE CORRECTED. NOR DOES THE CubeBubbles WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE CONTINUOUSLY. CERTAIN EXTENUATING CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED. CubeBubbles PROVIDES NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITION, CubeBubbles PROVIDES NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICES. CubeBubbles SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL, DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER) DUE TO ACCESS, DOWNLOAD OR USAGE OF CONTENTS FROM THE WEBSITE. THE CONTENT OF THE WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE.
14. Whistleblowing CubeBubbles reserves the right to publish property details with Your consent that have been furnished by You. However, should there be a situation where Your consent was not obtained, You would be required to contact CubeBubbles immediately. Discussing this on any public or social forum is prohibited and a legal penalty will be applicable if this is found. Any feedback regarding correction of details has to be communicated to CubeBubbles immediately. CubeBubbles can be contacted on support@CubeBubbles.com
15. NO LIABILITY
Unless explicitly stated in any part of the Website, we are not involved in the actual transactions between buyers and sellers of any goods or services or any users posting any information/listings on the Website. We absolutely have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items offered thorough the Website. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have committed to buy. In addition, note that there are risks of dealing with people acting under false pretense. We expect that you will use caution when using the Website. You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, leads, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website or as a result of any sale, purchase of goods and services with other users of the Website. CubeBubbles is not liable in any manner to any third party/User for any content/listing, posted by the Users on the Website. CubeBubbles reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties and/or other goods and services posted on any part of the Website without prior notice.
You agree to indemnify, defend and hold harmless CubeBubbles, its officers, directors, employees and agents from any claim, cost, expense, judgment or other loss incurred due to violation of the terms and conditions contained in this Terms by You.
17. LINKS TO THIRD PARTY SITES
18. GOVERNING LAW
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to these Terms.
Courts at Ernakulam, Kerala India alone shall have the exclusive jurisdiction in all matters relating to the use of these Terms, irrespective of the territory and jurisdiction of your access to the Website. You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by sending a mail to support@CubeBubbles.com to enable us to keep the Website working efficiently and in a safe manner. We reserve the right to take down any posting, listing or information and or limit or terminate our Services and further take all reasonable technical and legal steps to prevent the misuse of the Website in keeping with the letter and spirit of these Terms. In the event you encounter any problems with the use of our Website or Services you are requested to report the problem by sending an e-mail to support@CubeBubbles.com The information provided in this Website is based on CubeBubbles data which is collected from various publicly known sources viz, websites, documents and maps including CubeBubbles's proprietary data resources, and from the inputs of unidentified individuals. It ought to be considered as a guideline and not as absolutely certain. While care has been taken for groundwork, no responsibility is accepted for the accuracy of whole or any part. This information is absolute property of CubeBubbles /360 Degrees Consulting. It should not be reproduced in any form, in part or whole, without prior written permission of CubeBubbles. The information is provided on an "as is" and "as available" basis. CubeBubbles expressly disclaim warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.