TERMS OF USE

Please read these terms of use carefully, before using the Serenity Hills (“Webpage”).

DEFINITIONS

“Data Protection Laws” means all applicable statutes, laws, secondary legislation, regulations and common law duties pertaining to privacy, confidentiality and/or the protection of Personal Data or corporate data in India including, without limitation, Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011(India) and Information Technology Act, 2000(IT Act 2000), Digital Personal Data Protection Act, 2023, and General Data Protection Regulations.

“User”/“You”/“Your(s)” refers to any person or entity accessing or using the Webpage.

“Our”/“We”/“Us” shall mean Emaar India Limited.

These terms of use, together with the documents referred to in it (hereinafter referred to as the “Terms”) are the terms on which You are permitted to make use/ access the Webpage.

Please read these Terms carefully before You start to use/access the Webpage, as these shall apply to Your use of the Webpage. By accessing the Webpage, You confirm that You accept these Terms and that You agree to comply with them. If You do not agree to these Terms, please do not proceed further to use the Webpage.

These Terms shall elaborate the conditions on which We process any personal data that We collect from You, or that You choose to provide to Us while interacting with the Webpage.

CHANGES TO THESE TERMS

We may revise these Terms at any time, by amending this page without providing any intimation to You. Please check these Terms from time to time.

UPDATES

The contents of this Webpage are for Your general information and use only. We may update the Webpage from time to time, and may change the content, display, form, at any time without prior notice. Further, contents on the Webpage may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that the Webpage, or any content on it, will be free from errors, viruses, malware, or omissions.

ACCESSING THE WEBPAGE

We do not guarantee that the Webpage, or any content on it, will always be available or be uninterrupted. Access to the Webpage may be suspended for maintenance, withdrawn, discontinued or may be changed without notice. We shall not be liable for any damage or inconvenience caused to You if, for any reason, the Webpage is unavailable at any time or for any period. You are responsible for making all arrangements that may be necessary for You to have access to the Webpage. You are also responsible for ensuring that all persons who access the Webpage through Your internet connection, are aware of these Terms and other applicable terms and conditions, and that they shall comply with them.

ELIGIBILITY

Services of the Webpage would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Webpage.

INFORMATION PROVIDED BY YOU

Please ensure that the details You provide Us with are accurate and complete and inform Us immediately of any changes to the information that You have provided by e-mailing us at feedback.in@emaar.ae. You agree that if You provide any information that is false, inaccurate, not updated or incomplete or We have reasonable grounds to suspect that such information is false, inaccurate, not updated or incomplete, or not in accordance with these Terms, We shall have the right to indefinitely suspend or terminate or block Your access to the Webpage and refuse to provide You with access to the Webpage.

INTELLECTUAL PROPERTY RIGHTS

This Webpage contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics present on the Webpage. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

Access to this Webpage does not authorize anyone to use any name, logo or mark contained thereon in any manner. All content displayed on the Webpage is solely for Your personal, non-commercial consumption only. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Modification of the materials, use of the materials on any other application or website or networked computer environment or use of the materials for any purpose other than personal, non-commercial consumption is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration or benefit, whether monetary or not shall be deemed ‘commercial use’ for the purpose of these Terms.

Reference on this Webpage (if any) to names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply Our endorsement or recommendation, information, product or service. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. You may not create a link to this Webpage from another application, website or document without Our prior written consent.

OTHER TERMS

• Use of Third Party Services:

When You use the Webpage, You may also be using the services of one or more third parties. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties and We will not be responsible for any such usage.

• No Reverse Engineering

You shall not, and You will not permit, encourage, assist, authorize or otherwise aid any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the interface of this Webpage, whether in whole or in part, or create any derivative works from or of the Webpage.

LICENSE TO USE THIS WEBPAGE

We grant You a limited, revocable, non-exclusive, non-transferable license to access and use this Webpage for your personal and informational purposes, including viewing project details, expressing your interest, and complete transactions for residential/commercial units offered by Us. You shall not modify, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this Webpage without Our prior written consent

You shall not frame or use framing techniques to enclose any trademark, logo or proprietary information (including images, text, page layout, or form) that belongs to Us or Our affiliates, without Our express written consent. Any unauthorized use shall result in immediate termination of the license granted under these Terms.

YOUR CONTENT AND INFORMATION

You own and bear all liability for all of the content and information that You provide on the Webpage.

In addition, please see the below:

• For content that is covered by intellectual property rights, such as photos and videos (“IP Content”), You specifically grant Us a non-exclusive, transferable, sub-licensable, royalty free, worldwide and perpetual license to use any IP Content that You provide in connection with the Webpage.
• When You delete the IP Content, it is deleted in a manner similar to emptying the recycle bin on a computer. You understand that removed IP Content may persist in backup copies for a reasonable period of time (but will not be available to others, except as required under relevant statutes, legislations, court orders or other such legal authority).

Notwithstanding the above, You agree that We may retain and use any of Your IP Content, data or information to provide You Our services and for ancillary purposes including but not limited to research and analysis in accordance with applicable laws.

USE OF THE WEBPAGE

Your use of any information or materials on this Webpage is entirely at Your own risk, for which We shall not be liable. It will be Your own responsibility to ensure that any services or information available through this Webpage meet Your specific requirements. You agree, undertake and confirm that Your use of the Webpage shall be strictly in accordance with applicable law and shall be governed by the following:

• You shall not upload, modify, publish, update or share any information which:
• belongs to another person and to which You do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
• is false, inaccurate or misleading in any way;
• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• infringes upon or violates any third party’s rights including without limitation, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• contains video, photographs, or images of another person (with a minor or an adult) without their express written consent.
• solicits passwords or personal identifying information for commercial use;
• involves engaging in commercial activities and/or sales without Our prior written consent including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products/services related to the Webpage;
• interferes with another User’s use and enjoyment of the Webpage;
• refers to any application, website or URL that, in Our sole discretion, contains material that is inappropriate for the Webpage or contains content that would be prohibited or violates the letter or spirit of these Terms;
• harm minors in any way;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; and
• creates liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider or other suppliers.
• You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar orequivalent manual process, to access, acquire, copy or monitor any portion of the Webpage or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Webpage or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Webpage. We reserve Our right to bar any such  We shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/ participation in any way on Your own or through group/(s) of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
• You shall not attempt to gain unauthorized access to any portion or feature of the Webpage, or any other systems or networks connected to the Webpage or to any server, computer, network, or to any of the services offered on or throughthe Webpage, by hacking, password “mining” or any other illegitimate
• You shall not probe, scan or test the vulnerability of the Webpage or any network connected to the Webpage nor breach the security or authenticationmeasures on the Webpage or any network connected to the Webpage. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Webpage, or any other customer, or any service or information made available or offered by or through the Webpage, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Webpage.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, including the term ‘Emaar’, the project name – “Serenity Hills” or otherwise engage inany conduct or action that might tarnish Our image or reputation, or otherwise tarnish or dilute Our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Webpage or Our systems or networks, or any systems or networks connected to Us or our equipment/servers.
• You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or throughthe Webpage or any service offered on or through the Webpage.
• You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicableand as amended from time to time and also all applicable laws, rules and regulations regarding Your use of Our service, including all relevant Data Protection Laws. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force and shall not use the Webpage for any purpose that is unlawful.
• Any unauthorized use of this Webpage may give rise to a claim for damages and/or be a criminal offence.

CONSENT TO MARKETING RELATED COMMUNICATIONS

By submitting your Expression of Interest (EOI), You consent to receive marketing communications from Us via email, SMS, WhatsApp, phone calls, or other digital channels regarding Our real estate project and other offerings by Us or Our affiliates.

NOTICES

For the purpose of these Terms, Our prior written consent shall mean a communication coming from Our official e-mail Ids, through our authorized personnel, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.

PAYMENTS AND CREDENTIALS

• Payments made through the Webpage may be processed via third-party payment gateways. We shall not be liable for any errors, delays, or failures in payment processing attributable to such third-party services.
• You agree that the debit/ credit card details provided by You for payments of bills on the Webpage are correct and accurate and that You shall not use a debit/ credit card, that is not lawfully owned by You or the use of which is not authorized to You by the lawful owner. You further agree and undertake to provide correct and valid debit/credit card details.
• You may use the payment facilities of the Webpage by using a debit/ credit card or through online banking. Further, You agree and confirm that when You initiate a payment transaction and/ or issue an online payment instruction and provide Your card/ bank details:
• You are authorizing debit from the nominated card/ bank account for the payment of fees selected by You along with the applicable fees; and
• You are responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by You inclusive of the applicable fee for successful completion of the transaction.

REFUND AND CANCELLATION POLICY

Money shall be refunded under the following circumstances:

1. If We decide not to accept the Expression of Interest (EOI).
2. If You choose to withdraw Your EOI.

In both cases, the refund will be initiated and credited to the original payment method used for the transaction.

The processing time will depend on the respective bank’s Turnaround Time (TAT), which typically ranges from 10 to 12 working days. Please note that any delays caused by the bank’s processing timelines are beyond Our control, and We shall not be held liable for such delays. To ensure timely processing, please verify that all payment details provided are accurate and up-to-date.

INDEMNITY

You shall indemnify on demand and hold Us and Our affiliates, associates and their respective owners, shareholders, officers, directors, agents and employees, harmless, from any claim or demand or actions including reasonable attorneys’ fees made by any third party or penalty imposed due to, or arising out of:

• Your breach of these Terms or any document incorporated by reference, or Your violation of any law, rules, regulations or third-party rights; and
• any violation of applicable laws by You.

Rights and obligations hereunder shall survive termination of these Terms.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, We shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from Your use of the Webpage or any services offered therein.

EVENTS BEYOND OUR REASONABLE CONTROL

We shall not be held responsible for any delay in the provision of services as envisioned on the Webpage due to force majeure reasons including without limitation to the acts of god, strikes, acts of terrorism, regulatory changes, orders of government, political disturbances, fire, floods, tsunami, epidemic, pandemic and for any other reasons beyond Our control.

WAIVER

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or Our right to enforce it later. Any waiver of rights or remedies under these Terms must be in writing and signed by Us. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

TERMINATION

If You violate these Terms or otherwise create risk or possible legal exposure for Us, We have the right to stop providing You with access to all or any part of the Webpage.

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms and Your use of this Webpage and any dispute arising out of such use of the Webpage shall be governed by and construed in accordance with the laws of India. You agree, as We do, to submit to the exclusive jurisdiction of courts of Gurgaon, Haryana.

GRIEVANCE OFFICER

The name and contact details of Our Grievance Officer are as follows:

Farman Khalid
farmank@emaar.ae

The Grievance Officer can be contacted to report abuse, or to complain against any content hosted, transmitted, published, updated or shared on the Webpage, in the event there are any concerns regarding such content.

DISCLAIMER

All project-related information displayed on the Webpage is indicative and subject to change. It does not constitute a binding offer or contract. Final terms and conditions shall be as per the Agreement for Sale executed between You and Us.

You acknowledge and undertake that You are using the services available on the Webpage at Your own risk and volition and You are using Your best and prudent judgement before entering into any transactions through the Webpage.

No contents/ portion of the contents, graphics, picture or presentation in this Webpage may be used without explicit permission in writing from Us. Usage of contents/ parts thereof without verifiable and expressed permission from Us will attract legal consequences.

We shall not be responsible for any cancelled or failed transactions or payments attempted using credit cards, debit cards, net banking or any other means via the Webpage. You further agree that We shall not be responsible or liable for cancellations or failures which take place on account of You exceeding the existing limit on Your credit card.

Except as specified in these Terms, We make no warranty in connection with the subject matter hereof. We hereby disclaim any and all implied warranties, including without limitation all implied warranties of merchantability, fitness for a particular purpose.