Terms and conditions
Terms and conditions
Welcome to COPAN, an online property management services platform.
This document is an electronic record, in terms of Information Technology Act,
2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic records in various states as mended by the Information Technology Act, 2000. Being generated by a computer system it does not require any physical or digital signature and are accorded legal recognition under the requirements of Section 4 of the Information Technology Act, 2000.
ABOUT THE COPAN WEBSITE
The Website offers various property management services and support for Owners looking to manage their properties and rent out properties using the COPAN services.
Each User of the Website may avail the service offerings on the Website by
1) By using our Website, using our Services, by clicking an online acceptance button you consent to be legally bound by all the terms and conditions under this agreement.
4) COPAN may monitor Your access to the Website and terminate Your access to the Website or any part thereof at any time and for any reason without any notice. The provisions regarding disclaimer of warranty, accuracy of information, software, database other system or functionality of website and indemnification shall survive such termination.
INFORMATION ABOUT US AND OUR WEBSITE
1) www.COPAN.in is a Website owned, operated and controlled by COPAN… (“COPAN,” “we,” “our” or “us”). COPAN’s acceptance is expressly conditioned upon your assent to these Terms in its entirety.
2) The www.COPAN…in Website is …
AMENDMENT / MODIFICATION OF TERMS/SERVICES
2) The relationship creates on You, a duty to periodically check these Terms and stay updated on its requirements.
3) If You continue to browse/use the Website following such a change, this is deemed as consent by You to the so amended policies.
“Payment” means that which is transferred by the Owner when registering for the Services via the Website or in accordance with payment terms under a separate services agreement with COPAN;
“User/Users” means any person who uses and registers on the Website owned, operated and controlled by COPAN in accordance with Section 6 (Registration on Website) below;
“Resident” means any person who is using the COPAN services and/or who is residing at a Property and who is not an Owner of the Property. Resident may include a tenant of a designated property depending on the nature of the transaction and related documentation signed between Owner and such Resident;
“Services/s” means and includes free services, paid services and add-on services;
“Service Request” means a request made by a User to appropriate services on the Website. This is done when registered User after completing the registration intake form followed by email. Both the registration request and the form are processed via email, along with all the requested information, by COPAN receiving them;
“Service Fee” means a percentage of the Total Contract Value that COPAN
will charge the Owner for the provided services.
“Owner” means the person or entity that has entered into a separate Services Agreement with COPAN to avail property management service offerings as agreed under such services agreement. Owners may purchase the COPAN Services as a User. Owners may be either individuals or legal entities, or any other entity that is the owner or authorised representative to enter into separate transactional documents in relation to the property for which the COPAN are being used;
“Move-In” means COPAN services relating to facilitating occupation of the Property by Resident;
REGISTRATION ON THE WEBSITE
1) In order to avail the Services offered by us, you may apply for registration and establish an account and password protected access different areas of the Website.
2) As we process the User’s application, and thereafter, following the User’s application for registration to the Website, we may request additional information, documentation and materials from the User, as we, in our discretion, deem necessary. However, we discourage sharing any personal information, other than valid documents issued by Indian government departments (State or Central Government departments, statutory or regulatory bodies, public sector undertakings etc.) regarding the User of entity to be registered.
REQUIREMENTS FOR REGISTRATION
1) You must be 18 years old or over to create an account on our Website and warrant that the details you provide on registration are true, accurate, complete and current;
2) You must promptly update us with any changes to your account details;
3) You must create a password when you register, and you are responsible for maintaining the confidentiality of that password;
4) You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purpose of transacting for any services via this Website, and you will be responsible for any and all activity conducted using your password;
5) You shall take reasonable steps to prevent unauthorised access to your account via any computer or other device that you use to access your account;
6) If you believe someone has, without authorisation, accessed an account that you created on this Website, please contact us immediately.
When you create an account, you may be given the opportunity to opt-in to receive marketing emails from us, our affiliates or third parties. You can manage your email subscription preferences via our Website or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your account, and we reserve the right to do so. If we believe that the registration information that the User provided is false or not correct, current or complete, or if we believe that the User has violated these Terms, we reserve the right to suspend or terminate the User’s application to register to the Website. However, we have no obligation to verify the accuracy, correctness, or completeness of any information that the User or others have provided nor are we liable for losses or any damage resulting therefrom. The User may not hold payments that COPAN is entitled to due to such action by COPAN.
GENERAL TERMS OF SERVICE
COPAN provides the following types of Services to different User categories:
A) SERVICE OPTIONS
You can find a description of our service options on our website, we will explain which Service options are available to different USER CATEGORIES of our Website.
1) Service options that require upfront payment before you can access them
(the “paid services”);
To be governed by the terms of a separate services agreement;
Payment terms (see Section 3 & 6(Consideration & Obligations of the
Any other applicable fee to be invoiced on actuals via email;
2) Service options other than the paid services that are performed or provided to you free-of-charge (“free service”);
To include services such as customer service and any other support services that COPAN provides to Users from time-to-time;
3) Service options that the User may also opt to use in addition to the paid and/or free services (the “add-on services”), which add-on services may be subject to additional terms and conditions to be agreed in writing;
Applicable fee to be invoiced on actuals via email.
COPAN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES,WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. COPAN IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY VENDOR OR RETAILER.
B) USER CATEGORIES
Through its platform, COPAN supports you with access to a variety of services and related support services such to different categories of Users.
• Owners may avail Services on the Website as registered Users or
• COPAN is not responsible for the conduct of any prospective Resident or third parties during the negotiations of any transaction. Owners accept that any decision to let a property to a particular Resident is made solely by the Owner without any representation, warranty or statement made to him by COPAN.
• COPAN has no obligations to Owners to repair, maintain the Property/ properties let by Owners at the end of any separate services agreement with or upon executing a transactional document with a third-party service provider.
• Additionally, Owner may via email communicate and agree to the terms of any free services and add-on services.
• Residents may avail Services as registered Users;
• If you are a potential Resident you may look up for suitable residential properties on third party links available through COPAN website. The Owner will then respond, either accepting your offer or declining it. If the offer is accepted COPAN will facilitate you entering into a rental agreement with the Owner and COPAN will facilitate the Move-In on specific terms advised by the Owner. Apart from the aforesaid, COPAN shall have no further obligations towards the Resident beyond the Move-in Date.
• The Services may include the delivery, services from a third-party vendor. Only those vendors that are authorised by COPAN shall be deemed to be included in the Services itself.
• Rental contracts are made exclusively between Owners and Residents.
COPAN is not a party to any rental contract and does not fulfil any obligations derived from the contractual relationship between Landlords and Tenants. COPAN does not make or accept any offers, either in its own capacity or on behalf of either Owner or Residents or any other party. COPAN disclaims all liability arising from or related to any rental contract to the fullest extent permitted by law. COPAN shall have no further obligation towards a Resident beyond the Move- in date.
• RESTRICTIONS ON USE OF WEBSITE & ADD-ON SERVICES You agree not to :
2) transmit any material designed to interrupt, damage, destroy or limit the functionality of our Websites;
3) use any automated software to view our Websites without consent and to only access our Websites manually;
4) use our Websites other than for your own personal use or as an agent listing properties for sale and to rent;
5) attempt to copy our data or reverse engineer our processes;
6) use our Websites in any manner that is illegal, immoral or harmful to us
(including to commit or facilitate the commitment of any fraud against us);
7) use our Websites in breach of any policy or other notice on our Websites;
8) remove or alter any copyright notices that appear on our Websites;
9) publish any material that may encourage a breach of any relevant laws or regulations;
10) interfere with any other user’s enjoyment of our Websites;
11) transmit materials protected by copyright without the permission of the owner; or
12) conduct yourself in an offensive or abusive manner whilst using our Websites.
Use of the Website and Services, specifically paid-services and add-on services are subject to the fees at the rates, packages, schemes, amounts, overage charges and payment cycles separately provided to the User.
A) USER CATEGORIES
• The provision of paid services under a separate services agreement for an Owner is contingent to non-refundable payment of the booking fee as communicated by COPAN to the Owner;
• For the paid services, you may be required to pay the amounts in accordance with the fee & payment obligations set out under a separate Services Agreement that you enter into with COPAN.
• We may, from time to time, change the applicable fees, rates, packages, schemes, amounts, overage charges and payment cycles. If we do so, we will put the User on notice of such changes, but we will not radically change these matters in a way that adversely affects the User, without obtaining his or her consent.
• All Fee relating to Services shall be paid and delivered through the COPAN platform only, and in no event directly to any applicable third- party vendor or otherwise outside of the COPAN platform. If COPAN does not receive Fees for payments identified at the point of purchase, you agree to pay all amounts due upon demand directly to COPAN immediately and COPAN further reserves the right to either suspend or terminate your COPAN account and your access to the Services in such circumstances.
• Fees are chargeable in Indian Rupee but COPAN reserves the right to offer that fee be charged in other currencies. If we do so and the User opts to be charged in another currency, the User may be subject to additional exchange fees or commissions collected by the User’s payment method provider.
• Exchange rates are determined by a reputable third-party provider and converted with the exchange rate applicable at the time the given reservation is made and is rounded up. The User will have no plea, claim or demand with respect to the exchange rate used or currency conversion performed.
• Goods & Service tax and other taxes may apply to the Service Fee, in which case they will be added to the amount due and charged. COPAN will issue and provide the User online invoices for the applicable fee we charge.
B) Cancellation & Refund
TERMINATION OF REGISTRATION
A) By User
B) By COPAN
Any separate services agreement will continue to apply unless earlier terminated by you or COPAN. Upon termination without limiting any other remedies, COPAN may suspend or terminate your account if:
• you are found or suspected to have engaged in unauthorised use or fraudulent activity in connection with the use of our Services or the Website,
• we are of the opinion that you have breached or are in non-compliance of these Terms or any other agreements or such other reasons as deemed fit by COPAN, or
• User performed any act or omission which is harmful or likely to be harmful to COPAN, or any other third party, including other users of the Website.
If you or COPAN terminate the agreements, or if COPAN suspends your access to the Services, you agree that COPAN shall have no liability or responsibility to you, and COPAN will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You or COPAN may terminate the Services Agreements in accordance with the termination procedure set out therein. This section will be enforced to the extent permissible by applicable law.
COMMUNICATION FROM COPAN:
As part of the Services offered to registered members, we may need to communicate with you via e-mail. You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Services, including one or more welcome e-mails / promotional e-mails, which help inform new users about various features of the Services. By becoming a registered member of COPAN and/or using the Services, you agree to receive certain communication from COPAN. You hereby confirm that, you do not have any objection to receiving emails, messages (SMS or any other mode) calls from COPAN, its group companies, affiliates and subsidiaries. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
INTELLECTUAL PROPERTY RIGHTS
The Website and the text, graphics, photographs, data, user interfaces, visual interfaces, content and materials, which contains (“COPAN Materials”), are the property of COPAN and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which COPAN has a right to use as described below. All logos, trade names, trademarks and/or service marks (“Marks”) appearing on Website and other COPAN Materials are the properties either owned or used under license by COPAN. All rights accruing from the same, statutory or otherwise, wholly vest with COPAN. 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.
COPAN respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. COPAN 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, COPAN will be free to terminate the said User/s account forthwith without any notice to the user.
Any other trademarks, service marks, logos and/or trade names appearing on the Website are the property of their respective owners.You may not copy or use any of the marks, logos or trade names appearing on the Website without the express prior written consent of the owner.
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. COPAN DOES NOT WARRANT THAT THE SERVICES OFFERED ARE FREE OF ERRORS OR MISTAKES. COPAN D O E S N O T WA R R A N T O R R E P R E S E N T T H AT D E F E C T S O R LIMITATIONS IN THE SERVICES WILL BE CORRECTED. NOR DOES THE COPAN WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE CONTINUOUSLY. CERTAIN EXTENUATING CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED. COPAN CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COPAN PROVIDES NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITION, COPAN PROVIDES NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICES. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST COPAN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
COPAN SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL, DIREC T, INCIDEN TAL, 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. C O N T E N T I S F R E Q U E N T LY U P D AT E D W I T H R E F E R E N C E TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE.
LICENSE GRANT & FEEDBACK
In consideration for the rights granted to you under the Website, you grant us the right to User generated content from you or authorised by you:
• to provide advertising and other information to you,
• worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such content in connection with the Website, the Services and (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and
• 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 will be required to contact COPAN immediately. Any feedback regarding correction of details has to be communicated to COPAN immediately and shall be subject to the confidentiality obligations under the Services Agreement. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your user submitted content, including the right to grant additional licenses to your user submitted content, unless otherwise agreed in writing in performance of the Services.
You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
Furthermore, except as otherwise provided in a separate subsequent written agreement, the receiver of the Feedback shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it, royalty free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. COPAN can be contacted on ———— or on (+91) —————or at Our office address COPAN
LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless COPAN, its officers, directors, employees and agents from any claim, cost, expense, judgment or other loss, expenses, liabilities, damages or demands (including legal fee and costs) incurred, in connection with or resulting from, directly or indirectly due to: (i) violation of the terms and conditions contained in this Terms by You, (ii) your use or misuse of or inability to use the Website, and/or any Professional Service, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another, and (v) Your confidential information and content that you submit or transmit through the Website. COPAN reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of COPAN.
LINKS TO THIRD PARTY SITES
The Website may provide links (including hyperlinks) to web sites and access to content, products and services owned, operated and controlled by third parties, including users, plug- ins from sites or applications, advertisers, affiliates and sponsors of the Website.
A link to a third-party web site from the website does not constitute endorsement by COPAN of the owner of the other site, the content of its site, or its products or services. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. COPAN EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD- PARTY SITES, AND YOU HEREBY AGREE TO HOLD COPAN HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
GOVERNING LAW & JURISDICTION
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to these Terms without regard to the conflicts of laws principles. If you gain access to the Services from locations outside India, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Website content in violation of Indian data protection laws and rules for export laws or regulations. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of Hyderabad, Telangana, India.
(i) to a parent or subsidiary,
(ii) to an acquirer of assets, or