TERMS OF USE

This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000.

This electronic record is generated by a computer system and does not require any physical or digital signatures.

These terms of use (“Terms of Use”) are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of (“Company”) platform viz., www.crematrix.com (“Platform”), which is owned and operated by Bhugol Analytics Private Limited, having its registered office at 1203, Lodha Supremus Saki Vihar Road, Powai, Andheri East, Mumbai-400072, Maharashtra, India.

These Terms of Use are a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your” or “User” hereinafter) and the Company (referred to as “we”, “us”, “our” or “Company”).

Your access of the Platform signifies your consent to these Terms of Use and shall be deemed to be a valid contract formed through electronic means which shall be enforceable against You in the same manner as any other written contract. Your use of the Platform and Services, tools, and products provided therein, including any reports provided for your benefit (collectively referred as the “Services” hereinafter), is governed by the following terms and conditions as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. By accessing the Platform or using the Services, you agree to accept and be bound by these Terms of Use. Please do not use the Services or access the Platform if you do not accept all the Terms of Use along with other policies including privacy policy or are unable to be bound by these Terms of Use or other applicable policies.

When you use any of the Services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as a part of this Terms of Use, by mere reference. You acknowledge and agree that Company may amend any terms at any time by posting the relevant amended and restated terms on the Platform. By continuing to use the Services or access the Platform, you acknowledge to have accepted the amended terms and agree that the amended terms will apply to you. It is your responsibility to periodically review these Terms of Use for any updates and changes.

Your access to the Platform may occasionally be suspended or restricted to allow repairs, maintenance, or an addition of a new facility or service at any time without any prior notice to you. The Company shall not be held liable or responsible for the non-availability of the Platform during the periodic maintenance operation or unplanned restrictions. However, we will endeavour to ensure uninterrupted availability or uptime of the Platform.

1. Eligibility

You shall not use the Services if you are not of legal age to form a binding contract with Company. If you are accessing the Platform on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association, or other entity to use and access the Platform.

In case you avail Services while accessing the Platform, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. The Company disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).

2. User Accounts and Registration

a) Users are required to register and set up an account (“Account”) for using the Platform by entering a valid email address and password to sign in ("Account Information"). New Users can request for an invite to use the Platform by entering a valid email address, phone number, designation, name and company name. In addition to the Account Information that a User provides for registration, a User may be required to furnish any additional information as the Company may require. A User always has the option of not providing the information which is not mandatory.

b) User must be registered on the Platform to access or avail the Services upon registering as a member, and the Company may, at its sole discretion offer you a trial period for you to access or avail the Services and you consent to the inclusion of the Account information in our database and authorize the Company and its affiliates to share the Account information with other Users or otherwise use your personal information in accordance with the Privacy Policy. The Company, at its sole discretion may ask for the verification of your Account Information provided by You. You shall ensure that the Account Information is true, complete, accurate and up to date at all times.

c) For accessing the Services, User shall make payment of applicable charges specified by us through any payment mechanism made available by us on the Platform.

d) Except with the Company’s approval, a User may only register one Account on the Platform. The Company may cancel or terminate a User’s account if the Company has reasons to suspect that the User has concurrently registered or controlled two or more Accounts. Further, the Company may reject a User’s application for registration, without assigning any reasons thereof.

e) The manner of usage, protection and confidentiality of your Account Information are more specifically dealt under the Privacy Policy and you are requested to read the Privacy Policy in detail before sharing your Account Information or creating an Account.

f) A set of User ID and OTP (One Time Password) / password is unique to a single Account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password for all activities that occur under User’s Account. You should immediately inform us in the event that your password has been leaked, misused or made known to someone else, without your authorization. You agree that all activities that occur under your Account (including without limitation, posting any company or product information, clicking to accept any terms and conditions or rules, subscribing to or making any payment for any Services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.

3. Licence

a) Subject to your compliance with the Terms of Use, we grant all Users a personal, non-exclusive, non-transferable, revocable, limited licence to enter into the Platform and use the Services.

b) You acknowledge and agree that the Company may interrupt, terminate, discontinue, or block your access to the Services or portions thereof at any time, subject to these Terms of Use. The Company reserves the right to terminate or suspend your use of the Services upon a good faith determination of a violation of the Terms of Use.

c) Your license to access the Services shall be effective till such time as may be prescribed by the Company based on the payment/ subscription options available on the Platform. Upon expiry of such term, a User must make necessary payments to keep their Account active. Following the non-renewal of your Account, you shall cease to have access to any portion of the Services.

4. Users Conduct

a) The Platform may be used by the Users for lawful purposes only. The Company specifically prohibits any use of the Platform for, and you agree not to use the Platform for, any of the purposes, including but not limited to, the following and you shall also not do or cause to do any of the following:

i) Copying, reproducing, duplicating, modifying, publishing, transmitting, displaying, performing, selling, or distributing any of the Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Platform (the “Platform Content”). The Platform Content includes proprietary databases of commercial and residential real estate information, which, include but not limited to, information, text, photographic and other images, and data contained therein and the proprietary algorithm, organization, and structures for categorizing, sorting, and displaying such Information in whole or in part, or

ii) Downloading any Platform Content unless you see a ‘download’ or similar link displayed on the Platform by reference or unless you have obtained our prior consent to download the Platform Content, or

iii) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Platform or of the Company. User may not use any meta tags or any other “hidden text” utilizing the Platform’s or Company’s name or trademarks without the express written consent of the Company, or

iv) Using any robot, spider, or any other data mining technology or automatic or manual process to monitor, merge, decompile, disassemble, scrape, translate, decode, reverse engineer, decompile, cache, extract data from, copy or distribute the Platform Content (except as may be a result of standard Internet browser or search engine), or

v) Use or distribute any information from the Platform Content, including information that has been verified or confirmed by you, to directly or indirectly create or contribute to the development of any database or product, or

vi) Use, reproduce, publish or compile any portion of the Platform Content for the purpose of selling or licensing any portion of the Platform Content or making any portion of the Platform Content publicly available;

vii) Store, copy or export any portion of the Platform Content into any database or other software, except as expressly set forth in the permitted usage above;

viii) Use the Platform Content or any portion of Platform Content in a manner, that:

a) is unlawful, threatening, abusive, harmful, libellous, tortious, defamatory, false, misleading, obscene, vulgar, racially, or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability, or violate any applicable laws, intentionally or unintentionally, or is otherwise objectionable; or

b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or

c) constitutes unlawful advertising or fraudulent, unfair, or deceptive practices, “spam” or any other form of unlawful solicitation in India or any other jurisdiction, with limited exceptions as may be granted by the Company in writing; or

d) contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy, or limit the functionality of the Platform Content or servers or networks connected thereto or the activities of other users of the Platform Content or of any computer software or hardware or telecommunications equipment.

b) Use any portion of the Platform Content to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable spam or privacy laws; or

c) Misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful. You must not attempt to gain unauthorized access to any portion or feature of the Platform or any other systems or networks connected to the Platform or to the server on which the Platform is stored or to any of the Services offered on or through the Platform or any server, computer or database connected to this Platform. You must not attack this Platform via a denial-of-service attack.

d) We will not be liable for any loss or damage caused by a denial-of-service attack or viruses that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Platform or to your downloading of any information posted on it, or on any website linked to it. You agree to immediately report to us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

e) Unless expressly permitted, Users shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information of any other User or visitor to the Platform, or any other user, including any Account on the Platform not owned by User, to its source, or exploit the Platform or any Service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Platform. If you come across any content or activity on the Platform that is illegal or in violation of these Terms of Use or other policies, you are requested to immediately notify the Grievance Officer specified in the Privacy Policy.

f) By providing any information, content or material (“User Content”) to the Company or our representative(s), you grant perpetual, worldwide, royalty-free, revocable and sub-licensable license to the Company to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Platform, the provision of any Services and/or the business of the Company. You confirm and warrant to the Company that you have all the rights, power, and authority necessary to grant the above license.

Throughout this Terms of Use, the Company's prior written consent means a communication coming from the Company's department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization.

5. User's Responsibilities

You represent, warrant, and agree that:

i) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms of Use and other policies of the Platform;

ii) you have full power and authority to accept the Terms of Use and other policies of the Platform, to grant the license and authorization (if applicable) and to perform the obligations hereunder;

iii) you shall comply with all applicable laws and regulations while using and transacting on the Platform including obtaining such corporate, statutory or other approvals, consents and permissions as required to transact on the Platform and will use the Platform for lawful purposes only and in accordance with permitted usage;

iv) you will provide true and correct information in all instances where such information is requested from the User. The Company reserves the right to refuse access to use the Services offered to any Users or to terminate access granted to existing Users at any time if the information or documentary proof is incorrect or misleading and/or without providing any reasons to the User; and

v) you shall access the Platform and transact at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.

b) User shall indemnify, defend and hold harmless the Company and its affiliates, directors, officers, employees, agents, sub-contractors, partners and representatives against any loss, liabilities, expenses, costs or damages (including but not limited to loss of profits) suffered as a result of unauthorised attempts to: (i) defeat or circumvent the Account Information or other security features; (ii) use the Platform or Services for other than intended purposes; or (iii) obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation that are not permitted and may result in a loss of access to the Services. User also agrees that in case of the multiple use of its Account or User’s failure to maintain the security of your Account, the Company shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate the User’s account without liability to the Company.

6. Payment and Restrictions

a) You acknowledge that by using the payment mechanism available on the Platform, you make an express choice of the mode of payment for the Services availed on the Platform.

b) We reserve the right to refuse any Account opening request or for access to Services. In the event that we make a change to or cancel a request, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of opening of Account.

c) You agree to provide current, complete and accurate purchase and Account Information for all purchases made on the Platform. The Users acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a payment transaction or any delay in processing a payment transaction which is beyond control of the Company.

7. Limitation of Liability and Disclaimer

a) you agree that your use of the Platform shall be at your sole risk.

b) To the fullest extent permitted by applicable law, the Company, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Platform and your use thereof. The Company excludes all conditions, terms or representations about the accuracy or completeness of the Platform Content and assumes no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of Platform Content, (ii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our Platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Platform by any third party, and/or (v) any errors or omissions in any Platform Content or for any loss or damage of any kind incurred as a result of the use of any Platform Content made available via the Platform.

c) We hereby expressly disclaim all warranties and representations of any kind with respect to any Platform Content and features available on the Platform, including but not limited to: (a) warranties as to merchantability or use for a particular purpose the Platform Content whether or not the Company knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Platform Content or information derived from use of the Platform.

d) The contents, information, data, software, products, features, and services published on this Platform may include inaccuracies, incomplete details, or typographical errors. Changes are periodically added to the contents herein. The Company (and its owners, consultants, advertisers, affiliates, partners, officers, directors, or employees) shall not be liable to you or to any third party should the Company exercise its right to modify or discontinue any or all the contents, information, data, software, products, features, and services published on this Platform.

e) The Company (and its owners, consultants, advertisers, affiliates, partners, officers, directors, or employees) makes no representations about the suitability of the contents, information, data, software, products, and Services contained on this Platform for any purpose. All such contents, information, software, products, and Services are provided "as is" without warranty of any kind. The Company (and its owners, consultants, advertisers, affiliates, partners, officers, directors, or employees) hereby disclaim all warranties and conditions with regard to these contents, information, software, products and Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.

f) In in no event shall the Company (and its owners, consultants, advertisers, affiliates, partners, officers, directors or employees) be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Platform or any consequences arising out of the Account Information submitted by you or with the delay or inability to use the Platform, or for any contents, information, software, products, features and services obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, strict liability or otherwise.

g) The Services provided on the Platform is based on the data collected by the Company from publicly available sources. You acknowledge that the information provided through the Platform is compiled from publicly available sources, which are beyond the control of the Company, though such information is recognized by you to have been sourced from publicly available sites and sources that are under the jurisdiction of the Government of India and its various authorities. You acknowledge, agree and understand that inaccuracies may occur and the Company does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the information is provided to you on an "as is, with all faults" basis. In addition, the Company, in providing the information makes no endorsement of any particular security, sector, industry, entity, market participant, or brokerage. All material on the Platform is purely educational and informational in nature.

h) Under this Terms of Use, you assume all risk of errors and/or omissions in the Platform, including the transmission or translation or presentation or analysis of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the information provided on the Platform. Any material downloaded or otherwise obtained through the use of the Platform is done at your own discretion and risk.

8. Force Majeure

Under no circumstances shall the Company be held liable for any delay or failure or disruption of the content or Services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond the Company’s reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, pandemic, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

9. Intellectual Property Rights

a) All title, ownership and intellectual property rights in Platform and Platform Content shall remain with the Company or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms of Use and other policies of the Platform or by the Company are hereby reserved.

b) You agree not to interfere or infringe our rights in any marks, service marks, trade name and any other marks used by the Company (“Marks”) including challenging our use, registration, or application to register the Marks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Marks. The goodwill derived from using the Marks or any part thereof, shall inure exclusively to the benefit of the Company.

c) All Marks, domain name, trade dress including the look, feel and design of the Platform, Platform Content, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by you, except as permitted by the Company. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.

d) All third-party trademarks advertised or displayed on the Platform belong solely to the respective third party and We do not have any rights over such third-party trademark.

10. Notices

All legal notices or demands to or upon the Company shall be made in writing in English language and sent to the Company personally, by courier, certified mail, or electronic mail to the following entity and address:

Name: Bhugol Analytics Private Limited
Address: 1203, Lodha Supremus Saki Vihar Road, Powai, Andheri East, Mumbai – 400072
Attn: Abhishek Kiran Gupta
Email ID: info@crematrix.com

The notices shall be effective when they are received by the Company in any of the above-mentioned manner.

All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by email to the last-known correspondence, or email address provided by the User to the Company, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when,

a) the Company is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or

b) immediately upon Company posting such notice on the Platform that is publicly accessible without charge.

11. General Provisions

Subject to any terms and conditions, the Terms of Use and other policies of the Platform constitute the entire agreement between User and company with respect to and govern User’s use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

Company and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created. If any provision of the Terms of Use or other policies of the Platform is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced. Company’s failure to enforce any right or failure to act with respect to any breach by User under the Terms of Use or other policies of the Platform will not constitute a waiver of that right nor a waiver of the Company’s right to act with respect to subsequent or similar breaches.

Company shall have the right to assign the Terms of Use (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms of Use to any person or entity (including any affiliates of the Company)). User may not assign, in whole or part, any rights or obligations to any person or entity. The Terms of Use and other policies of the Platform shall be governed by the laws of India and the parties to the Terms of Use agree to submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.