Terms & Conditions

Welcome to The Capital Mall (“The Capital”).

These terms and conditions (“Terms and Conditions”) outline the rules and regulations for the use of The Capital’s website, located at The thecapitalmall.com (“Website”). The Website is intended to provide data in relation to The Capital’s website. By accessing this Website we assume: (i) you are not disabled by any law from entering into a contract; and (ii) you accept these Terms and Conditions. Do not continue to use the Website if you do not agree to take all of the Terms and Conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer and all Agreements: “Client”, “you” and “your” refers to you, the person logged onto this Website and compliant to the Terms and Conditions. “Ourselves”, “we”, “our” and “us”, refers to our “Company” i.e. Achole Developers Pvt. Ltd.. “Party” or “Parties”, refers to both the Client and Ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of The Capital’s stated services, in accordance with and subject to, the prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. These Terms and Conditions constitute an electronic contract between you and us. We reserve the right to revise these Terms and Conditions at any time in our sole discretion by posting revised Terms and Conditions on the Website. Your use of the Website signifies your acceptance of all the terms and conditions contained within the Terms and Conditions posted at the time of your use. You will be responsible for regularly reviewing the Terms and Conditions posted on the Website.

Access and use of the Site

You may access and use the Website solely in accordance with the Terms and Conditions set out herein and for your own internal or for personal use.
Certain areas of the Website may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
User accounts and business transacted: For usage of certain services under the Website, you may need to register yourself as a user. Upon registration as a user, you will be provided a ‘user id’ and a ‘password’. Registration data and certain other information about you is subject to the Privacy Policy.
Postings by you to any message board or bulletin board located in the Website or e-mail submission via the Website will become the property of the Company, and we may use information contained in any such postings (including any remarks, suggestions, ideas, concepts, know-how or other intellectual property) for any purpose whatsoever and as deemed appropriate by us. By providing any such information or materials to The Capital, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and you agree that The Capitalis free to use any remarks, suggestions, ideas, concepts, knowhow or other intellectual property. You acknowledge and agree that you are responsible for whatever material you submit on the Website, and you agree not to post or otherwise disseminate on the Website any unlawful, defamatory, libellous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person. You understand and agree that the Company, its employees or representatives shall have no liability for any information or material contained on a bulletin board or other posting site or which are submitted or transmitted via email through the Website.
In no event shall the Company be liable for unauthorized access to or alteration, theft or destruction of the contents of your account through accident, fraudulent means or devices or any other method.
The contents of the Website are provided on “as is” and “as available” basis and though intended, are not guaranteed to be correct, complete or up to date. They do not constitute advice and should not be relied upon in making any decision. You acknowledge that any reliance of any information shall be at your sole risk. We disclaim all liability to any person for loss or damage caused by errors or omissions, whether arising from negligence, accident or any other cause.

Copyright Policy

All content included on this Website, such as text, graphics, trademarks, logos, button icons, images, audio clips, digital downloads, data compilations, software and other proprietary information whether registered or not, is the property of its content suppliers i.e. the Company and is protected by the (Indian) Copyright Act, 1957 and international copyright laws and treaties. All software used on the Website is the property of the Company or its software suppliers and protected by the (Indian) Copyright Act, 1957 and international copyright laws and treaties.
None of the material on the Website, including any photographs or literature, (a) may be incorporated in any other work, publication or site in any form/format whatsoever; or (b) may be copied, reproduced, distributed, republished, sold, downloaded, displayed, posted or transmitted in any manner, including, but not limited to, by electronic, mechanical, photocopying, recording or other means, except for personal use, without our express written permission. Modification and/or re-use of any of content and graphics for any purpose is strictly prohibited. DO NOT copy or adapt the HTML that generate pages, which also is copyrighted.

Specific Prohibited Uses

The Website may be used only for lawful purposes. We will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision. The following is an illustrative list of prohibited uses on the Website. It is hereby clarified that the following list is not an exhaustive list and only an illustrative one.

taking steps to copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any of or any right to use or access the Website, or any of your’ rights in the licenses thereto;
taking steps to copy, modify, create, write or develop any software derivative of the Website;
taking steps to use the Website in any manner except as expressly set out herein;
taking steps to translate or create any derivative works based on the Website; or
taking steps to directly or indirectly sell, modify, edit, rent, translate, copy, display, perform, publish, transmit, distribute or otherwise disseminate any contents of the Website.

Links to Other Sites

We, from time to time, may include on the Website, links of web pages that would have the content of various centres in India that are affiliated to us but are independent from that of the Company and over whom we have no control. In addition to the above, we, from time to time, may also include on the Website, links of any other website with whom the Company may have an arrangement for providing certain services (collectively the “Other Sites”).
These links are provided solely as a convenience and not as an endorsement by the Company of the contents or any quality of service or timely service as may be promised on such Other Sites. We reserve the right to remove any such links to the Other Sites without making any announcement.
We have not reviewed and are not responsible for the Other Sites. Your use of any of the Other Sites is at your own risk. The links are provided as Internet navigation tools only.
You should be aware that linked Other Sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of the Website. We are not responsible for such policies and expressly disclaim any and all liability related to such policies. We make no warranty or representation regarding any of the linked Other Sites or the information appearing on the Other Sites.
If you use the Other Sites by clicking on the link provided, such access/use of the Other Sites will be governed between you and the relevant centre or the relevant site owner, as the case may be. We shall not be in any manner responsible in relation to any content of such Other Sites or the access or use by you of such Other Sites nor will be liable for any loss or damage arising from the use thereof.

Cookies

We employ the use of cookies and other similar electronic tools. By accessing the Website, you agreed to use cookies and other similar electronic tools in agreement with our Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our Website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of the Company; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to The Capital. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of our logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that is rising on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Removal of links from our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Website remains available or that the material on the Website is kept up to date.

Representation and Warranties

We have taken due care and caution in compilation of data for the Website. However, we make no representation or warranty as regards the accuracy, adequacy or completeness of the information contained in the Other Sites linked to it and we are not responsible for any errors or omissions or for the results obtained from the use of such information.
We make no representations or warranties of any kind, either express or implied, with regard to the authenticity of the merchandise and services provided by the Other Sites linked to it.
We hereby exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness, performance, fitness for any contract entered into via the Website.
We make no warranty that the contents of the Website are free from infection by viruses or anything else which has contaminating or destructive properties.
We accept no responsibility or liability for any of the material contained on the servers of the Other Sites.

Disclaimer

The information and contents on this Website or on the websites linked to it are for general purposes only and may not be relied upon for any specific purpose.
We shall not be responsible for any loss or damage to any individual arising out of or subsequent to, relying on or adaptation of any information in the Website. The Website and the service under the Website are provided based on certain eternal principles and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement.
Under no circumstances will we be responsible for any loss or damage resulting from anyone’s use of the Website or the services under the Website and/or any content posted on the Website or transmitted to the users of the Website.
Content Posted on the Website
The information in the Website is provided by us. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, timeliness, reliability, suitability or availability with respect to any information contained therein.
In using the Website, you agree that its information and services are provided ‘as is, as available’ basis and without warranty, express or implied, and that you use the Website at your own risk. Any reliance you place on such information is therefore strictly at your own risk.
We reserve the right to change any content, information in the Website or the terms of use of the Website without prior intimation of the same.
We are not responsible for any incorrect or inaccurate content posted on the Website by any of the users of the Website.
In no event will we be liable, directly or indirectly, for any loss or damage including without limitation, direct, indirect, special, incidental or consequential loss or damage, or any loss or damage whatsoever arising from loss of data, profits, interest, business revenue, anticipated savings, business or goodwill, arising out of, or in connection with the use of the Website.
Every effort is made for the smooth functioning of the Website. However, we take no responsibility for, and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control nor shall we be liable for any misuse of the information given to access the Website and the details involving your transaction with us.
We are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the service under the Website. Any services requested from any of the Other Sites or any orders placed therein for procuring any product shall be between the relevant centre and the user/customer.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to or alteration of any communications between or amongst the users of the Website.
To the fullest extent permissible under applicable law, we specifically disclaim all warranties, express or implied or statutory, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, or accuracy. We make no representation or warranty whatsoever regarding the completeness, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of the Website or any of the content or services provided on, or accessible from, this site, or any opinion, advice or statement displayed on the site, including but not limited to the user password-protected portion. User accesses and uses the Website at user’s own risk.
We do not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
The information displayed on the Website or on the websites linked to it:
may not be used for any purpose except in connection with your direct use of the website as permitted and in accordance with the terms and conditions, disclaimer and privacy policy set out therein.
may not be reproduced for sale, distribution or commercial gain.
In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by the Terms and Conditions contained therein or by applicable law.
We reserve the right to suspend, discontinue or modify any part of this Website without notice. We may change this Website at any time without notice but does not assume any responsibility to update it.

Liability

We disclaims any liability for the use of the Website and/or Other Sites linked to it and shall not be liable in any manner whatsoever for any direct, incidental, special, indirect, punitive or other consequential damages arising out of your access, use or inability to use the Website and/or Other Sites linked to it, or any errors or omissions in the content thereof, including, but not limited to viruses or anything else which has contaminating or destructive activities.
All users agree that all access and use of this Website and on any website linked to it from this Website and the content thereof is at their own risk.
We shall not be liable for any damages (including, without limitation, damages for any loss) arising in contract, tort or otherwise, relating to the purchase of merchandise or services provided by the Other Sites linked to it.
Limitation of Liability: Neither the Company nor any of its agents, employees is liable, directly or indirectly, for any direct, incidental, consequential, indirect, special, exemplary or punitive damages arising out of or resulting from or relating in any way to your accessing, browsing and/or use of the Website. Without limiting the foregoing in any way, in no event shall the Company be liable for any direct, incidental, consequential, indirect, special, exemplary, punitive or any other damages, including but not limited to, loss of data, profits, interest, business revenue, anticipated savings, business or goodwill or business interruption resulting from the use or inability to use the Website (or the content or services provided on, or accessible from this Website), whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. This limitation of liability is applicable to any damage or injury resulting from negligence or omission of the Company, arising out of or resulting from or relating in any way to a computer virus or other harmful mechanisms, telecommunication errors, or unauthorized access to or use of user information through theft or other means. In no event shall the Company be liable for any criminal, tortious, or negligent actions or omissions of any third parties or other users of the Website.
The Website may be temporarily unavailable from time to time due to repairs and/or maintenance of the Website and/or due to a force majeure event. You acknowledge that such periods of unavailability will occur, and the Company shall not incur any liability as a result of such periods of unavailability. We will not be liable for any damages (including, without limitation, damages for any loss) arising in contract, tort or otherwise from the use of or inability to use the Website, or any of its contents, or from any action taken (or refrain from being taken) as a result of using the Website or any such content. The limitation of liability set forth above constitutes fundamental elements of the basis regarding use of the Website. The Website and its contents would not be provided to you without such limitation of liability.

Confidentiality

You acknowledge that the Website may contain information which is designated confidential by the Company and that you shall maintain such information with utmost confidentiality and that you shall not disclose such information under any circumstances unless we have provided you prior written consent with regard to the same.
You shall take commercially reasonable precautions to safeguard the confidentiality of all the confidential information of the Company, including, at a minimum, those precautions taken by you to protect your own confidential information of a similar nature. You will be responsible for any breaches of this section or by your employees, contractors and agents.
You acknowledge that any breach of your obligations under this section may cause irreparable injury to us and/or our third party licensors or contractors, which injury may be inadequately compensable in damages. Accordingly, we or such other party claiming under us may seek and obtain, without the posting of any bond or security, equitable relief against the breach or threatened breach of your obligations hereunder.
Unless previously authorized in writing by us, you shall not provide in any webpage/ portal any link or multiple links to the Website. You shall take prior permission from us with due explanation on the impact of providing such link.
You may not, without our permission, “mirror” some or all of the content of the Website on any other server. We prohibit caching, unauthorized hypertext links to this Website, or the framing of any materials available on this Website. As such, we reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the materials available on the Other Sites linked to the Website.
By using the Website, you agree to receive certain specific emails, calls for feedback and promotional offers from the Website. If any provision of these Terms and Conditions is held invalid, the remainder of the terms shall continue in full force and effect.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these Terms and Conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking Terms and Conditions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions.

Termination or suspension

You agree that the Website/Company, in its sole discretion, with or without cause, may terminate your password, or use of the Website.
Suspension of authorized users: We may, at any time, in our sole discretion, temporarily limit or suspend in whole or in part any user’s access to the Website.
Effect of Termination. Upon any termination, all rights granted to user hereunder shall cease, the user shall immediately discontinue use of the Website.

Dispute Resolution

These terms and conditions and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms and conditions shall be governed by and construed in accordance with Indian law and the courts at Mumbai shall have exclusive jurisdiction to resolve any disputes between us relating to these terms and conditions.

Indemnity

You agree to defend, indemnify and hold the Company, its directors, employees, representatives, agents and partners, harmless from any loss, damage, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Website in violation or from a breach of these Terms and Conditions.

Survival

All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality obligations and limitations of liability provisions, shall survive the expiration/termination of a contract. All other provisions shall be of no further force or effect upon expiration/termination; provided that all such provisions shall survive to the limited extent necessary to complete any transaction commenced prior to termination.
Interpretation and Severability: The disclaimers of warranties and the exclusions and limitations of liability shall be applicable except to the extent prohibited by applicable law and shall be enforced to the maximum extent permitted by applicable law. It is hereby clarified that information on the site shall mean and include all information displayed whether by way of images, audio or video.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. No changes to these Terms and Conditions shall be made except by a revised posting on this page. Your access to the Website is subject to other applicable laws and regulations.