Welcome to the Habitat Plush Society Management software (web portal and Mobile app), a platform designed to streamline housing society management. By accessing or using our Web App and/or Mobile App, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, you may not use the App.
This document is an electronic record generated by a computer system and does not require physical or digital signatures.
We urge you to carefully review the following Terms and Conditions. They include critical information regarding your rights, responsibilities, and any applicable limitations or exclusions.
By accessing or using our website, https://habitatplush.com/ (“Website”), or the Habitat Plush mobile application (“App”) (collectively referred to as the “Platform”), you acknowledge and agree to abide by these terms (“Terms of Use” or “Terms”).
Please ensure you read these Terms and Conditions thoroughly before registering on the App or using the Platform.
By accessing or using Habitat Plush’s services, including its web portal, mobile app(s), and APIs (collectively referred to as “Habitat Plush”), you agree to be bound by these Terms and Conditions.
You must use the platform only for lawful purposes and in compliance with these Terms. This agreement forms a legally binding contract between you and Habitat Plush.
To accept these Terms, you must be at least 18 years old. If you are under 18, a guardian must review, understand, and accept these Terms on your behalf. If you are accepting these Terms on behalf of a registered association, society, or builder, you confirm that you are of legal age and authorized to do so.
You also agree to provide accurate and complete information about yourself and update it promptly if any changes occur.
By using the Habitat Plush platform, you acknowledge and accept these Terms, Conditions, and disclaimers. If you do not agree, you must stop using the platform immediately.
This Terms of Subscription (“Agreement”) is entered into between Habitat Plush (“Service Provider”) and you, or the entity you represent (“Customer/Supplier”), governing your access to and use of the Service Provider’s products and services (“Product”). If you are acting on behalf of an entity, you confirm that you have obtained all necessary approvals and authorization to bind the entity to this Agreement.
The Service Provider and Customer are individually referred to as a “Party/Buyer” and collectively as the “Parties/Buyers.”
The terms of this Agreement, including payment obligations, shall be governed by the agreed or granted Order Form executed between the Service Provider (“Supplier”) and the “Buyer” or “Buyers.” The Supplier hereby grants the Buyer access to the Product as specified in the Order Form.
The Customer represents and warrants that:
Failure to comply with these representations and warranties may result in immediate suspension or termination of access to the Product, at the Service Provider's sole discretion.
Ownership of Customer Data:The Customer retains ownership of all information, data, and material generated, uploaded, accessed, interpreted, or analyzed through the Product (collectively referred to as “Customer Data”).
No Obligation to Review:The Service Provider is not obligated to review Customer Data for accuracy or potential liability.
Indemnification:The Customer agrees to fully indemnify, defend, and hold the Service Provider harmless from any damages, losses, costs, or liabilities arising from or related to Customer Data.
Legal Authority:Each Party confirms it has the legal right and authority to enter into this Agreement and fulfill its obligations as outlined.
Authorized Representation:Representatives executing this Agreement, whether electronically or physically, are duly authorized to bind their respective Parties.
Regulatory Compliance:Both Parties agree to adhere to all applicable legal and regulatory requirements relevant to exercising their rights and fulfilling their obligations under this Agreement.
No Warranty: The Service Provider and its representatives make no express, implied, or statutory warranties, including but not limited to:
Software Limitations: The Customer acknowledges that complex software is inherently prone to defects, errors, and bugs in design, functionality, security, and other aspects. The Service Provider does not guarantee the Product will be entirely free from such issues.
Compatibility: The Product is warranted to be compatible only with software and systems specified by the Service Provider. No guarantees are made for compatibility with other software or systems.
Functionality Assurance: The Service Provider ensures that the Product’s functionality will not materially decrease during the active Subscription Term.
Subscription Term Definition: The Subscription Term refers to the period covered by the payment already made for the Product subscription.
Remedy for Breach: In the event of a warranty breach, the Customer’s sole remedy will be:
Third-Party Software and Hardware Integrations: The Service Provider will exercise due diligence when selecting third-party software or hardware for Product integration. However, the Service Provider does not guarantee:
Third-Party Website Links: The Service Provider’s website may include links to third-party websites managed by external entities. These links do not constitute endorsements of the linked websites or their services. The Customer acknowledges and agrees that the Service Provider:
Definition: Each Party may disclose to the other certain non-public, proprietary, or sensitive information, whether or not explicitly labelled as "confidential," related to business activities, including technical, marketing, financial, and planning data (“Confidential Information”).
Obligations of the Receiving Party: The Receiving Party must:
Disclosure Required by Law: Confidential Information may be disclosed if legally required, provided that:
Exclusions from Confidential Information: Information will not be considered “Confidential Information” if:
Return or Destruction of Confidential Information: Upon termination of this Agreement or at the Disclosing Party’s request, the Receiving Party must:
Survival of Confidentiality: The confidentiality obligations under this Agreement will survive for two (2) years after its termination.
Compliance with Data Protection Laws: Both Parties agree to comply with all applicable data protection laws concerning the collection, processing, and safeguarding of personal data.
Customer Account Responsibility: Customers are responsible for maintaining the confidentiality of their user IDs and passwords. Customers bear full responsibility for any activities conducted under their accounts.
Consent for Personal Data Sharing: The Customer represents and warrants that they have obtained prior written consent from individuals whose personal data is shared with the Service Provider.
Service Provider Obligations: The Service Provider acknowledges that any personal data shared by the Customer will only be processed per the terms outlined in the Data Processing Agreement (“DPA”). The DPA is made available to the Customer at the designated location.
Ownership by Service Provider: The Service Provider retains all rights, title, and interest in the intellectual property rights related to the Product and Services, including:
These rights are protected under applicable intellectual property laws and are owned by or licensed to the Service Provider.
Customer's Usage Rights: The Customer is granted a limited, non-transferable license to use the Services and Product as explicitly stated in this Agreement. No other licenses or proprietary rights are granted. All rights not expressly provided to the Customer under this Agreement are reserved by the Service Provider.
Service Provider's Intellectual Property Development: The Service Provider owns all intellectual property rights for inventions, processes, algorithms, designs, software, or other creations ("Creatives") developed during the provision of Services. The Customer has no claim to such intellectual property, regardless of its association with the Services or Product.
Customer's Obligations: The Customer must take steps to prevent infringement of the Service Provider's copyrights, trademarks, or other intellectual property rights by third parties. Upon discovery of any actual or potential infringement, the Customer must:
Third-Party Infringement: If the Customer becomes aware of any third-party infringement or potential infringement related to the Product, the Customer must:
General Compliance: Each Party agrees to comply, at all times and at its own expense, with all applicable laws, regulations, and legal requirements that pertain to its performance under this Agreement.
Payment of Fees: Each Party is responsible for paying all applicable fees, charges, and expenses required by such laws or regulatory frameworks.
Licenses and Permits: Each Party must obtain, maintain, and keep in full force all necessary licenses, permits, authorizations, registrations, and qualifications required by regulatory authorities. This obligation is essential to ensure the Party's lawful ability to fulfill its commitments and obligations under this Agreement.
Effective Date and Duration: This Agreement is valid from the Subscription Start Date (as defined in the Order Form) and continues until explicitly terminated.
Review and Termination: Either Party may review or terminate the Agreement at any time during the Subscription Term by providing at least thirty (30) days' written notice.
The Customer’s data will be available for extraction during the notice period, which must fall within the Subscription Paid Duration. After the notice period, access to the software will be discontinued.
The Service Provider will retain the Customer's data for ninety (90) days after termination in case of reactivation, subject to payment of the reactivation fee. After ninety (90) days, the Service Provider will delete the Customer data unless legally prohibited.
Non-Payment and Termination: Non-payment of the Subscription dues by the due date will result in automatic termination of the Subscription, and the Customer's access to the Services will be discontinued.
Upon termination, the Service Provider will revoke all rights granted under this Agreement.
Liabilities on Termination: Upon termination, the Customer is liable to pay for all Services availed and Product usage up to the termination date.
Breach of Terms: The Service Provider reserves the right to suspend the Customer’s usage of the Product and Services immediately in case of a breach of this Agreement by the Customer.
Service Provider's Indemnity: The Service Provider agrees to indemnify, defend, and hold harmless the Customer, its directors, officers, and employees from any losses, liabilities, claims, damages, costs, and expenses (including reasonable legal fees) resulting from:
The Service Provider also agrees to indemnify the Customer against any third-party claims or losses arising from infringement of intellectual property rights due to the use of the Product by the Customer.
Exceptions to Service Provider's Liability: The Service Provider will not be liable for indemnification if the claim arises from:
Customer's Indemnity: The Customer agrees to indemnify, defend, and hold harmless the Service Provider, its directors, officers, and employees from any losses, liabilities, claims, damages, costs, and expenses (including legal fees) arising from:
Indemnification Process: The indemnification is conditional upon the Indemnified Party:
Neither Party shall have the permission to use the name and logo of the other Party without the prior consent of the other Party.
Service Provider's Use of Customer's Logo: The Service Provider shall have the permission to use the Customer’s logo in identifying the Customer as a client of the Service Provider.
Definition: A Force Majeure Event refers to any event or circumstance beyond the reasonable control of either Party that prevents or delays the performance of any of its obligations under this Agreement. These events include, but are not limited to:
Obligation to Notify: If a Force Majeure Event occurs, the affected Party must immediately notify the other Party of the event. The notification should include details of the event and its impact on performance.
Duty to Mitigate: The affected Party shall make reasonable efforts to resume performance as soon as possible and take all necessary actions to mitigate the effects of the Force Majeure Event.
Aggregate Liability: Excluding specific liabilities outlined below, each Party’s total liability under or in connection with this Agreement, whether arising from tort or contract, shall be limited to the actual direct damages incurred. Such liability shall not exceed the amount paid by the Customer to the Service Provider in the three (3) months immediately preceding the date of the formal written notice of the claim.
Exclusions from Limitation: The limitation stated above shall not apply to:
Exclusion of Consequential Damages: Neither Party shall be liable to the other for any consequential, indirect, special, punitive, or incidental damages (including but not limited to lost profits, loss of data, or business interruption), regardless of the form of action or theory of recovery, even if advised of the possibility of such damages.
Mutual Discussion: Any dispute arising out of or in relation to this Agreement shall first be addressed through mutual discussion between the Customer and the Service Provider in good faith, with the aim of reaching an amicable resolution.
Unresolved Disputes: If the dispute cannot be resolved through mutual discussion:
For Customers residing in India, the dispute shall be referred to the Courts of Bangalore, Karnataka, India, which shall have exclusive jurisdiction.
Arbitration: If the Parties agree to arbitration as a method for resolving the dispute, the following terms shall apply:
Complete Understanding: This Agreement, including the Order Form and any annexures, schedules, or exhibits referred to and attached herein, represents the entire understanding between the Parties. It supersedes all prior agreements, promises, representations, negotiations, or understandings, whether written or oral, related to its subject matter.
Modifications: Any modifications, amendments, or supplements to this Agreement must be documented in writing and signed by authorized representatives of both Parties to be legally binding.
Non-Waiver: The failure or delay by either Party to enforce any provision, exercise an option, or demand performance shall not be construed as a waiver of any rights or remedies under this Agreement.
Severability: If any term, provision, or part of this Agreement is found to be invalid, void, or unenforceable, the remainder of the Agreement shall remain valid and enforceable to the fullest extent permitted by law.
Survival: Provisions of this Agreement that, by their nature, require performance or observance after termination or expiration shall remain in effect and continue to bind the Parties.
Assignment: Neither Party may assign this Agreement without prior written consent from the other Party. Any unauthorized assignment, whether by operation of law, court order, or other means, shall be void and unenforceable.
Relationship of the Parties: Nothing in this Agreement creates or implies any partnership, agency, joint venture, trust, or employer-employee relationship between the Parties. Neither Party may make representations or undertake obligations on behalf of the other without explicit authorization.
Mode of Communication: All notices, demands, or other communications under this Agreement shall be:
Service of Notice: Unless proven otherwise, notices shall be deemed to have been duly served:
All support services under this Agreement shall be provided electronically and directed to the designated email address: support@habitatplush.com.
Copy Right and Trademarks
“Habitat Plush” is a self-owned company. All rights to this website, including copyright in content represented here, are reserved.
