This is a legal agreement between you (the person viewing, using or accessing the Site (as defined hereunder) and later referred to as "You", or "User" as per the context) and MADTIN Technologies Private Limited, a company incorporated under the provisions of the Companies Act, 2013 ("DARBAAN").These Terms and Conditions apply to all visitors, users and others who access or use the Service.
These terms of use set forth the legally binding terms and conditions for Your use of the DARBAAN website “www.darbaan.in” and the “DARBAAN” mobile application together referred to as the "Site", and any sub-domains and the services, features, content or widgets available through the Site (collectively with the Site, referred to as the "Service(s)"), which includes an information-technology platform for providing visitor, society and accounting management services, as more fully described on the Site to apartment complexes/residential society/gated enclaves or such other residential facility/locality as the case may be ("Designated Premises").
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Your access to and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy . Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when you use the Application or the Website and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using Our Service.
2.1 Subject to these Terms of Use, DARBAAN may offer to provide the Services, as described more fully on the Site, and which are selected by You, solely for Your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any Services DARBAAN performs for You, any hardware offered by DARBAAN, or any widgets that You download from the Site or, subject to the Terms set out under the "Third-Party Sites and Services" section below, from third-party application stores authorized by DARBAAN, as well as the offering of any materials displayed or performed on or through the Services (including Content as defined below).
2.2 DARBAAN makes no representation that the Content on the Site and/or the Services is appropriate to be used or accessed outside India. Any users who use or access the Site or avail of the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction.
2.3 These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
2.4 You may access the Platforms as available for Your personal use only. You shall never use another User's account without such other User's prior express permission.
3.1 To avail any services offered by the Company, You will have to register on the Platforms to create Your account.
3.2 To register, You will be required to open an account by completing the registration process. For registration, You will provide us with Your accurate, truthful, and complete registration information (including, but not limited to, Your name ("Username"), mobile number, e-mail address, and a password You will use to access the Service).
3.3 You will be required to enter a valid phone number while registering on the Platforms. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.
3.4 You will keep Your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in the immediate termination of Your DARBAAN account.
3.5 Registration as a User is only a one-time process, and if You have been previously registered, You shall log in/sign into Your account using the same credentials as provided by You during the registration process.
3.6 To access Your account on the Platforms, You will be asked to log in with Your user ID and password to establish a unique identity for You. You are responsible for maintaining the confidentiality of Your password, verification code, and account information. If there is any compromise on Your password, You can change it using the ‘Forgot Password?’ functionality. You are solely responsible and liable for any activity that occurs on Your account. You will immediately notify DARBAAN in writing of any unauthorized use of Your account or any other security breach of which You are aware.
3.7 At the time of registration by the association/society/builder of the Designated Premises, the User shall complete an additional verification process. To access the Direct Customer’s administration account, the authorized personnel of the association shall also be provided with a unique ID and password. The Company holds no liability for the usage or sharing of information/data by such Direct Customers. They are fully responsible for all activities that occur on the administration account.
3.8 You shall not provide any false personal information to DARBAAN (including a false Username) or create an account for anyone other than Yourself without that person's permission. You shall also not use a Username that belongs to another person with the intent to impersonate them or use a Username that is offensive, vulgar, obscene, or otherwise unlawful.
3.9 At the time of registration, if You provide any information that is untrue, inaccurate, not current, or incomplete, or We have reasonable grounds to suspect that such information is incorrect, We reserve the right to suspend or terminate Your account and refuse any and all current or future use of the Platforms (or any portion thereof) at any time.
3.10 The Company shall not be responsible for performing background checks or providing any advice related to hiring/firing security personnel for apartment complexes/gated communities or any third-party service providers for residents. The hiring/firing of such personnel shall be at the sole risk of the association or residents. We are merely a technology platform.
4.1 "Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by DARBAAN on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by Users is collectively referred to as "User Submissions".
4.2 DARBAAN shall not be responsible for the authenticity of any Content or data provided by Users. You agree that You will be solely responsible and liable for any damage or loss caused to You or any other party resulting from any content.
4.3 Opinions and views expressed by experts in User Submissions on the site do not reflect the views, opinions, beliefs, morals, or values of DARBAAN. DARBAAN does not claim any ownership rights in text, files, images (including photos), videos, sounds, musical works, or any User Submissions that Users submit or publish on the Site. DARBAAN may monitor or remove User Submissions where deemed appropriate or necessary. However, DARBAAN shall not be responsible if the Content on the Site is inaccurate, incomplete, or outdated. Users acknowledge that DARBAAN will not be liable for any losses or damages (whether direct or indirect) resulting from actions taken based on User Submissions.
4.4 Any User Submission or advertisement that promotes online gambling, lotteries, or games of skill that offer cash prizes (including online casinos, sports betting, bingo games, or poker games using real money) shall be permitted only if prior written permission is granted by the appropriate authorities.
4.5 User Submissions shall not infringe any third-party rights, including but not limited to intellectual property rights, privacy rights, and performer’s rights. User Submissions must not contain any images, photographs, designs, artworks, copyrightable works, trade names, trademarks, or any other proprietary content belonging to a third party unless the User has obtained prior permission/authorization/licenses from the respective owner before uploading such Content.
4.6 You shall at all times comply with all applicable laws, ordinances, regulations, and codes that apply to Your activities under these Terms of Use.
5.1 The Company offers You a technology platform designed to enhance the safety and security of apartment complexes and gated enclaves through its proprietary software ("Service"). DARBAAN endeavors to provide uninterrupted and secure Services, ensuring protection against bugs, viruses, or technical issues following industry best practices. However, DARBAAN disclaims any responsibility for harm resulting from the use, viewing, or downloading of Content. You are responsible for safeguarding Your systems against viruses, malware, and other threats. DARBAAN shall not be liable for any damages caused by technical failures, including but not limited to, software/hardware malfunctions, site crashes, network failures, data breaches, or unauthorized access.
5.2 The entry process into any apartment complex or gated enclave is fully controlled by You. You have the authority to manage access for service providers (maids, drivers, cooks), family members, friends, and delivery personnel. Each entry is either resident-initiated or authorized by security personnel, agencies, vendors, or other appointed representatives. DARBAAN shall have no liability for any unauthorized entry.
5.3 DARBAAN may send You updates, promotional materials, and other Service-related communications. Users have the right to unsubscribe from such notifications at any time.
5.4 Resident associations (Direct Customers) may share User information with DARBAAN, in addition to data provided by You on the Platform. DARBAAN is committed to maintaining the confidentiality of this information. By using the Service, You authorize DARBAAN to process and share User information as necessary for service provision.
5.5 DARBAAN is not liable for additional services You may choose to avail on/from the Platform. These services may be governed by separate terms and policies.
5.6 The Company does not guarantee the stability, consistency, or uninterrupted operation of its Platform. DARBAAN reserves the right to modify or discontinue services without prior notice.
5.7 DARBAAN does not control third-party information, including value-added services or promotional links on the Platform. Any reliance on such information is at Your own risk.
5.8 DARBAAN is merely a technology platform and does not verify the accuracy of information provided by Users or third parties. Any use or publication of such information is at the User's sole risk.
5.9 You shall not use the Service for any purpose that violates these Terms of Use. You are responsible for all activities associated with Your account and must comply with all applicable laws, regulations, and industry standards.
6.1 DARBAAN offers a variety of Services, available through subscription based on the User's needs, subject to payment of applicable fees ("Subscription Fees/Fees"). Failure to subscribe may result in limited access to the Services.
6.2 The Subscription Fee paid by the User is non-refundable.
6.3 DARBAAN reserves the right to revise the Subscription Fees for any plan at any time, including before, during, or after a User’s subscription, without prior notice. The User will be notified of any fee changes and shall be required to pay the difference, if applicable, after such revision.
7.1 DARBAAN is authorized to utilize User information, User Submissions, or Content for the following purposes:
Nothing in this agreement shall be construed as creating a partnership, agency, or association between DARBAAN and any third-party service providers.
Users shall not upload, share, or distribute content that:
7.3 Users shall not:
7.4 DARBAAN reserves the right to access, read, preserve, and disclose user information as required to:
7.5 Users grant DARBAAN the right to use their submissions for promotional and marketing purposes, including but not limited to:
Users cannot hold DARBAAN liable for such usage.
7.6 DARBAAN has no control over User Submissions, including content shared via chat features.
8.1 All content, features, functionality, software, design, text, sound recordings, and images on the Site are exclusively owned by DARBAAN or licensed to DARBAAN, except where explicitly stated. Users may access the Site solely for their use of the Services offered.
8.2 All icons and logos are trademarks of DARBAAN. Unauthorized copying, modification, use, or publication of these trademarks is strictly prohibited.
8.3 All Content is copyrighted by DARBAAN or its licensors, except third-party content and links to third-party websites. Systematic retrieval of DARBAAN’s Content to create or compile a database, directory, or collection (whether through bots, spiders, automatic tools, or manual methods) without written permission is strictly prohibited. Unauthorized use of Content may lead to legal action.
8.4 Users must take reasonable precautions to protect DARBAAN’s proprietary information and shall not disclose or misuse such information.
8.5 Users must comply with all applicable laws regarding the download, use, or export of technology supported by the Site or Services, including restrictions in jurisdictions where such use is unlawful.
8.6 Users shall not:
8.7 DARBAAN reserves the right to use a Registered User’s brand identity, including logos and organization names, in promotional materials such as:
Our Service may include links to third-party websites or services that are not owned or controlled by DARBAAN. We do not assume responsibility for the content, privacy policies, or practices of any third-party websites or services.
Users acknowledge that DARBAAN shall not be held responsible for any damage or loss resulting from the use of, or reliance on, third-party content, goods, or services available through external links.
We strongly advise users to review the terms and privacy policies of any third-party websites before use.
10.1 This Agreement begins when the user downloads or installs the Application and remains in effect until terminated by either the User or DARBAAN.
10.2 Users may terminate their accounts by following the instructions on the Site. Subscription fees paid are non-refundable.
10.3 DARBAAN may terminate this Agreement at any time without notice. Additionally, this Agreement will be immediately terminated if the User violates any terms.
10.4 Users must immediately inform DARBAAN of unauthorized access to their account. Upon notification, DARBAAN will take necessary security measures, including account suspension or termination. DARBAAN shall not be liable for any loss or damage caused due to a User’s delay in reporting unauthorized access.
10.5 DARBAAN reserves the right to reject, disable, or deactivate an account in cases of:
10.6 DARBAAN may modify, suspend, or terminate any Services, features, pricing, or layout at any time, without prior notice.
10.7 DARBAAN reserves the right to terminate user access to any or all Services at any time, with or without cause, and without notice. Termination may result in the loss of user data.
10.8 Certain provisions, including ownership rights, disclaimers, and limitations of liability, shall survive termination of the Agreement.
10.9 Upon termination:
10.10 Termination shall not affect DARBAAN’s legal rights and remedies.
8.1 All content, features, functionality, software, design, text, sound recordings, and images in the site are exclusive property of DARBAAN or licensed by DARBAAN, except as otherwise expressly stated. You may access the Site only for Your use of the Services offered.
8.2 All icons and logos are trademarks of and proprietary to DARBAAN. The unauthorized copying, modification, use, or publication of these marks is strictly prohibited.
8.3 All Content is the exclusive copyright of DARBAAN or its licensors, except for third-party content and links to third-party apps or websites...
Our Service may contain links to third-party websites or services that are not owned or controlled by us...
10.1 The term of the Agreement commences when you download or install the Application and will continue until terminated by you or DARBAAN...
You agree that the platform, content, and all materials are provided on an “as is” and “as available” basis and your use of the platform shall be at your sole risk. To the fullest extent permitted by law, DARBAAN, its officers, directors, employees, and agents disclaim and exclude all warranties, express or implied, in connection with the platform and your use thereof. To the fullest extent permitted by law, DARBAAN excludes all warranties, conditions, terms or representations about the accuracy, security, reliability, quality, availability or completeness of the platform, user-generated content on the platform, or the content of any sites so linked and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of user-generated content or any content on the platform, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or (v) any errors or omissions in any user-generated content or any other content or for any loss or damage of any kind incurred as a result of the use of any user- generated content or any other content that is posted, emailed, transmitted, or otherwise made available via the platform. DARBAAN does not warrant, endorse, guarantee, or assume responsibility for any user- generated content or the platform advertised or offered by a third party through the platform or any hyperlinked services or featured in any banner or other advertising, and DARBAAN will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of user-generated content or services. As with the purchase of a service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
To the fullest extent permitted by law, in no event shall DARBAAN, its affiliates, their respective officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of user-generated content or any other content available at DARBAAN, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our DARBAAN platforms, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the DARBAAN platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our DARBAAN platforms by any third party, and/or (v) any errors or omissions in any user-generated content or any other content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the DARBAAN platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not DARBAAN is advised of the possibility of such damages.
We understand that, in some jurisdictions, warranties, disclaimers and conditions may apply that cannot be legally excluded, if that is true in your jurisdiction, then to the extent permitted by law, DARBAAN and its affiliates limit their liability for any claims under those warranties or conditions to supplying you the DARBAAN platform again.
You specifically acknowledge that DARBAAN shall not be liable for user- generated content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
DARBAAN makes no representations that the DARBAAN platform is appropriate or available for use in other locations. Those who access or use the DARBAAN platform from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless DARBAAN, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the DARBAAN Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the DARBAAN Platform.
You hereby expressly release DARBAAN, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of DARBAAN, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email.
These Terms and conditions shall be governed and construed in accordance with Indian Laws and subject to the exclusive jurisdiction of competent courts at Bangalore.
In the event of any dispute between you and DARBAAN, the same shall be amicably settled between the Parties...
You and DARBAAN agree that each party will bear its own costs and attorneys’ fees in the event of a dispute, provided, however, that either party may recover fees and costs to the extent permitted by applicable law. If a court or an arbitrator determines that an arbitration has been brought or threatened in bad faith, or that the demand was frivolous or asserted for an improper purpose, the court or arbitrator may, to the fullest extent permitted by law, award attorneys’ fees to the party defending against the claim just as a court could.
If either party believes that the other has initiated an arbitration in violation of this Dispute Resolution Agreement, if such an arbitration is threatened, or if either party has reason to believe an improperly commenced arbitration is imminent, the party against whom the arbitration has been or will be initiated may seek an order from a court of competent jurisdiction enjoining the arbitration from being filed or continued, and awarding its fees and costs, including reasonable attorneys’ fees, incurred in connection with seeking the order.
In case of any grievance arising from the use of the Platforms, please contact:
Contact Person: Manoj Gupta
Email: manoj.gupta@madtin.com
19. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. 20.Updating These Terms From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and DARBAAN reserves the right in its sole discretion to modify and/or make changes to these Terms at any time with or without notice . If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms. 21. Complete Understanding These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use. You have read these Terms of Use and agree to all of the provisions contained above