Terms And Conditions

DISCLAIMER AND TERMS AND CONDITIONS FOR USER OF THE ORANGE CIRCLE FOR REFERRAL & LOYALTY PROGRAM

These Terms & Conditions (“Terms”) set out the rights and obligations for the provision of services by Ashwin Sheth Group. The domain name www.ashwinshethgroup.com (“Website”) is owned by ASG, having its registered office at 3rd Floor, Prius Infinity, Subhash Road, Near Garware House, Vile Parle (E), Mumbai 400057.

These Terms form the basis of ASG’s relationship with user/s (defined hereinbelow) of the offer. When the user creates an account as a customer, you agree to these Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink, if any. Further, you agree to avail the benefits of the membership electronically; accordingly, you are responsible for reading and understanding these terms. By creating a customer account, you acknowledge that you have read and understood these terms as they apply to the platform and/or the offer. Anything accepted electronically will be treated as an original contract and will have the same binding legal effect as if it were a physical version, delivered in person. The Website Terms of Use and Privacy Policy apply to the use of the Website, regardless of whether you agree to these Terms or sign up for the referral program.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services and/or offer. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue the use of the site immediately.

The Terms and Conditions set out herein are the legally binding on the User/s for the use of the website and membership. The Terms and conditions may be modified by the ASG from time to time which shall be deemed effective as a notice to the user/s.

DEFINITIONS AND INTERPRETATIONS
1. Throughout the site, the terms “we”, “us” and “our” refers to ASG.
2. Throughout the site, the terms “User” “Customer”, “You”, “Your” refers to the individual accessing, registering themselves or browsing the ASG website and includes the person creating the account to avail benefits provided under the Orange circle campaign.
3. “Ashwin Sheth Group or ASG” shall include any company / partnership firm / LLP or any other entities which may be incorporate in future by Ashwin Sheth Group but shall not include any companies / entities which may be deregistered.
4. “Confidential Information" shall mean and include technical, financial and/or commercial information and data relating to a Party’s respective businesses, price, practice, finances, employee information, planning, facilities, products, techniques and processes and shall include, but not limited to, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, marketing plans, customer names and other technical, financial or commercial information and intellectual properties, whether in written, oral or other tangible or intangible forms, Information of certain third parties with which the party has relationships, Data of past, present or prospective clients/ customers / suppliers / consultants / licensees and licensors (whether in India or aboard) of the party including their names, addresses and other personal data, of the party and Financial or commercial data, particularly data relating to new products, projects, services, promotion campaigns, plans for future development, pricing agreements and joint ventures in which the party is involved.
5. However, Confidential Information shall not include information which (i) was known to the Party receiving the information (the “Recipient”) prior to the time of disclosure by the other Party (the “Disclosing Party”); (ii) was part of the public domain or becomes part of the public domain through no breach of this Agreement by the Recipient; or (iii) was lawfully received by the Recipient from a third party without any obligations of confidentiality.
6. “Intellectual Property" means algorithms, audio, audio-visual works, books, copyright, data, database, database rights, design rights, devices, documents, domain names, drawings, flowchart, formulas, instruction manuals, inventions, logos, memoranda, methods, models, notes in any mode or medium, patents, procedure, processes, proprietary techniques, records, registered designs, research projects, rights in inventions, service marks, sketches, software, system, trade and business names, trade secrets, trademarks, utility models, video, websites and website contents, work of authorship, other confidential and proprietary information of all kinds and other similar proprietary rights which may subsist in any part of the world and whether registered or not, including, where such rights are obtained or enhanced by registration, any registration of such rights and rights to apply for such registrations anywhere in the world.
7. "Intellectual Property Rights" or "IPRs" include (i) all rights, title, and interest under any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world in respect to the Intellectual Property; (iv) right to obtain and hold appropriate registrations in Intellectual Property, (v) all extensions and renewals thereof and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same;
8. "Law" means all applicable laws, bye-laws, rules, regulations, circulars, notifications, ordinances, protocols, codes, guidelines, policies, notices, directions, orders, decrees or judgments of courts or other requirements of any governmental authority in any relevant and appropriate jurisdiction of the India in relation to the services;
9. “Member” shall mean and include any and all individuals / establishments / entity/s to which ASG offers / grants / offers complimentary benefits / discounts / value added services / privileges / goods on invitational basis or who has been admitted for membership of the under the orange circle program.
10. “Membership Card” means the non-transferable the orange circle card that is embossed with the name of the individual and the assigned ID number to that Member.
11. “Participating Partner or Participating Member” shall mean and include such person(s) entity/s who offer discounts / privileges / benefits / value added services / goods to members under the orange circle program.
12. “Participating Properties” is used to collectively represent all the properties/assets/companies mentioned in Attachment A. The list of these properties may change over time without any prior notice.
13. “Program” means the loyalty and rewards program owned, managed and operated by ASG, offering benefits, facilities or arrangements to members by reason of their membership in the Program.
14. “Referee” shall mean any customer who books a new flat with ASG through referral/loyalty.
15. “Referrer” shall mean anyone who refers a new prospect to the ASG.
16. “Reward” shall mean and include the reward issued by ASG on such terms and conditions decided by ASG from time to time at its own discretion to the referrer and/or referee for successful booking of a flat by the referee in the participating project(s).
17. “Successful Booking” means the time when the agreement for sale is executed by ASG and the Referee and the said agreement is duly stamped and registered in accordance with the Indian Registration Act, 1908.
18. The term “including” shall mean including without limitation.
ELIGIBILITY FOR THE PROGRAMME
1. The membership is for individuals and entities that have purchased and currently own property from ASG and/or registered allotees (defined under the Real Estate (Regulation and Development) Act, 2016) currently living in ASG properties for more than 6 months.
2. Individual/s who enrolls themself under the orange circle program must be over 18 years of age.
3. Granting or refusing membership to any individual/entity for Orange circle program shall be entirely at the discretion of ASG.
4. In the event the Member is a company/partnership, then cards will be issued to a select number of directors/partners, at the discretion of ASG.
5. An add-on card for one family member will be made available upon request, subject to additional cost, if any. This is entirely at the discretion of ASG.
REFERRAL AND LOYALTY PROGRAM
1. Any visitor, user and/or member, who signs up and/or participates in the ASG Orange Circle Program agrees to be contacted by the Company to receive special offers/promotions regarding the Company’s new pre-launches, launches or activations.
2. These Terms apply to all users of the site, including without limitation users who are browsers, Allotees, customers, prospective customer, visitors and/ or any individual/entity by whatever name called (“User/s”).
3. You have voluntarily agreed to share/ upload information on Ashwin Sheth Group website www.ashwinshethgroup.com. All details as mentioned in the form must be duly filled in; else the same would not be considered as valid. You may reach out to us on the co-ordinates specified in the referral section of the company's website or the company's digital presence on various platforms (as mentioned above), for any query on the program.
4. You have voluntarily agreed to share/upload details of yours & your referrals i.e. friend(s)/relative(s)/associate(s)/co-worker(s)/others herein after termed as Referral Leads (RL) by sharing personal information, i.e. name(s) / e-mail id(s)/mobile no.(s) and you are sharing the same in good faith. The date on which you have given the RL shall be termed as Referral Date (RD). You will be responsible for the referral shared & we would request you to preferably refer those people who are, or may be interested in real estate purchase.
5. You agree that at time of taking the RL(s) from you, we shall dynamically search/check in Ashwin Sheth Group Private Limited data base for referrals given for Ashwin Sheth Group Projects in Mumbai data base as to whether the RL(s) so referred already exists in the respective projects databases for period up to RD + 60 days. In case RL does exist in the respective projects data base as above then we shall, through our employee/manager/associate, communicate the same to you that such RL(s) shall not accepted as valid referrals.
6. All the RL(s) successfully accepted in our data base shall be exclusively tagged in your name for RD+60 days.
7. You will be informed of their referrals through a designated email id as mentioned on the referral section of the company's website. All communication regarding your referrals and its status would be done through this email id and you may also reach out to us on the same. Within 1-2 business days from RD you will receive a welcome email that would intimate you of the status/validity of your referrals. Subsequently, you will also be informed via email of the progress of your valid RL's.
8. While your confidentiality shall be maintained through the Program unless it is absolutely must for us to disclose your name to your RL(s) in case of any objections by individual RL/RLs.
9. You agree and understand that Ashwin Sheth Group through its employee(s)/associate(s)/outsourced tele-calling support shall reach out to the RL(s) severally/jointly, multiple time(s) as the case may be through, telephone, e-mail, SMS, WhatsApp messages during validity period of the RL(s) i.e., RD+60 days. This is to ensure that RL(s) thus being given by you are followed up for marketing / sale of premises in various building(s) of 'Ashwin Sheth Group' jointly/severally.
10. You agree and understand that during the RD+60days period Ashwin Sheth Group shall through its employee(s)/associate(s)/outsourced tele-calling support shall update you via either e-mail/telephone/SMS/WhatsApp on the progress of marketing / sales effort concerning your RL(s).
11. You will be eligible for a Referral Gift (RG) if and, only if your RL(s) conclude(s) a purchase, referred to as Referral Lead Closure (RLC), of any premise(s) in any one of Ashwin Sheth Group (s)and fulfil the registration of 'Agreement of Sale' for the said property. You will be informed of your RLC's and RG's through email and you may also reach out to us via email/phone at the co-ordinates mentioned on the referral section of the company's website.
12. All such RG(s) may by subject to Tax Deduction at Source (TDS), if applicable as the case may be, and any tax on such gift, shall be solely to your account.
13. In case the RL(s) do not conclude the purchase of any premises with in RD+60 days, or by their own communication tell our employee(s)/associate(s)/outsourced tele-calling support not to further contact them, then in that case sales manager will intimate you via telephone, e-mail, SMS, whatsapp of such development and such RL(s) shall be discontinued for any marketing / sales activity.
14. All the rights of the referral program shall remain with Ashwin Sheth Group and it shall have all the rights to add/delete/modify any existing term(s) condition(s) without any notice to anyone to safeguard its business interest. Incase of any conflicts regarding the referral program Ashwin Sheth Management decision shall be final.
15. A successful referral means that the referred customer has booked an apartment with ASG Group and completed the registration of his new property. The following clauses also need to be applicable for the referral to be valid.
16. Referral scheme is not applicable in case referee is a blood relative – (sibling, spouse, parent or child i.e. any one is referrer and another is referee and vice versa). Loyalty scheme would be applicable for such cases.
17. In case the referee has stayed/ is staying/working in any ASG property (residential & commercial), referral scheme is not applicable, loyalty is applicable in that case.
18. If the referee is a current employee of any ASG vendor, referral program will not be applicable. Loyalty will be applicable in that case.
19. In case of referrer staying/working in a rented ASG property (residential & commercial) or a past resident of a ASG property, address proof (residential/office whichever applicable) is to be provided by referrer prior to payout.
20. In case of cancellation of the residence by referred customer, ASG Group will not be liable for any distribution of any rewards to bother referrer & referee.
21. In case of any conflict by either parties, the decision of ASG Group will be final.
22. ASG Group reserves the rights to include, modify and/or remove projects in the referral program and the referral program itself without any prior notice.
23. The referral reward will only be released after the referred person registers the flat agreement.
24. You have read all the terms and conditions and fully understood the same.
25. All interpretations of the Terms and Conditions of this Program shall be at the sole discretion of the ASG. Any Terms & Conditions pertaining to the Program may be cancelled, discontinued, withdrawn, changed, altered or modified or extended by the Company either with or without prior notice.
GENERAL TERMS AND CONDITIONS
1. Neither the membership nor any benefits offered by the Program creates, constitutes or gives rise to any legal or contractual rights to members against ASG, other members or participating properties.
2. The Membership Card issued under the orange circle remains the property of ASG. The membership/s and the Membership Card/s are not transferable and may only be used by the individual in whose name it was issued.
3. Use of the card will be construed as the full and unconditional acceptance of these terms and conditions.
4. Lost/Damaged cards may be reissued after consideration of request.
5. Members are required to be personally present and to produce their orange circle card along with additional photo ID proof, at the time of availing the privileges and benefits of the Program.
6. The discounts applicable on this card cannot be used in conjunction with any other privilege card or offer or promotion at any of the properties. This membership is not applicable to group arrangements.
7. ASG is in no way responsible for the actions of Participating Properties, for the offers offered by the Participating Properties and the consumption of the said offers.
8. ASG reserves the right to modify or cancel this Program and/or deactivate Membership Card(s) without any prior notice. The decision of ASG shall be final and binding in all such cases.
COMMUNICATIONS AND INFORMATION
1. The Orange Circle will send all membership correspondence as well as any promotions/offers to the most recent mailing or email address that member has provided. Member must immediately inform the orange circle of any change of name or contact details, and request to be made only through the individual’s account from online portal.
2. Each Member agrees and acknowledges that Member is personally responsible for remaining informed about the Program and any changes made to it.
3. Members may choose to opt out of receiving the promotional offers.
CANCELLATION, DISCONTINUATION OR TERMINATION OF MEMBERSHIP
1. ASG reserves the right to discontinue membership to any Member who appears to be using the Program in a manner inconsistent with the terms and conditions or intent of the Program and/or inconsistent with local or state laws, statutes or ordinances and/or is suspected of any action that may be considered actionable and illegal.
2. 6.2 Members may cancel their membership at any time, by giving one month’s notice. Until time of termination, the membership shall be considered Active.
TAXES
All applicable government taxes on accommodation and other facilities availed by the Member under this Program must be borne by the member, and are payable at the time of availing any offers/promotions/benefits of this Program.
INDEMNITY
The Member agrees to indemnify, hold harmless, and defend the ASG and its officers, directors, employees, agents and sub-contractors from and against any and all claims, losses, liabilities, damages, settlements, expenses and costs (including attorneys’ fees and court costs) (“Losses”) which arise out of and caused by the Member under this terms and conditions (a) any breach of terms (including representation, warranties, covenants, obligations) of this terms and conditions; or (b) any negligence or misconduct or omission by the Agency; or (c) any non-compliance with applicable laws by the member
APPLICABLE LAWS AND GOVERNING LAWS
This site is created and controlled by www.ashwinshethgroup.com in Mumbai, India; as such the laws of India shall apply; courts situated in Mumbai, India shall alone have exclusive jurisdiction in respect of all the terms, conditions and disclaimers www.ashwinshethgroup.com alone reserves the right to make changes to the site and the terms, conditions and disclaimers thereof. The membership is deemed to have been entered into at Mumbai, India and the laws of India will govern the membership and the Courts in Mumbai shall have exclusive jurisdiction.
ARBITRATION
Any dispute arising out of this terms and conditions shall be in the first instance settled by amicable negotiation between the parties hereto. Any or all disputes or differences whatsoever that are not settled amicable within Thirty (30) days in relation to the interpretation, meaning or effect of this terms and conditions, or to any breach thereof, the parties shall refer the dispute(s) to arbitration of sole arbitrator in accordance with the provisions of the Arbitration and Conciliation Act, 1996, for the time being in force. Both Parties shall mutually appoint a sole arbitrator to resolve the dispute(s). The arbitration proceedings shall be conducted in English. The proceedings shall be governed by the laws of India and the seat and venue for the arbitration proceedings shall be Mumbai. This Agreement is made under and will be construed in accordance with the law in the jurisdiction of the courts at Mumbai.
DATA PROTECTION
All personal information that the Parties may use, will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation applicable in India including the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011, as amended from time to time.
RELATIONSHIP
Nothing in this terms and conditions shall create or deem to create the relationship of employer – employee or any other similar relationship, including partnership, association of persons, Agency, joint venture between the user and the ASG and neither Party may enter into any contract or obligation, which purports to bind the other Party. The Relationship between the Parties shall be that of Principle to Principle.

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DISCLAIMER AND TERMS AND CONDITIONS FOR USER OF THE ORANGE CIRCLE FOR REFERRAL & LOYALTY PROGRAM