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QUBE OWNER'S Shall Review For Confirmation of Understanding


Dear QUBE OWNER(s),


Here, all shareholders must understand and agree that QUBICC PROPTECH Pvt. Ltd. is a Real Estate Company offering Fractional Ownership of Luxurious Resorts.


We divide the total cost of property (including BSP, GST, stamp duty, convenience charges, etc) into either 6 or 8 equal fractions depending upon the property.


Here, we have mentioned few key points regarding QUBE OWNERSHIP that you should be aware of:-


Please read each points listed below, having detailed Terms & Conditions for complete understanding.


I/We understand the Terms and Conditions of the special offer that I/we have chosen at the time of signing up for purchase of QUBE.


1. I/We confirm having read the Terms and Conditions governing purchase of QUBE ownership Usage and the Terms and Conditions with regard to QUBE OWNERSHIP and agree to abide by the same. All necessary clarifications and information of the QUBE OWNERSHIP have been provided to us.


2. I/We understand that any payment made by me/us would first be appropriated toward the Booking Fees and balance if any would be appropriated towards the entitlement fees.


3. I/We understand that in the event of request for cancellation by me/us the QUBICC shall have the right to forfeit "earnest money" and would refund the balance amount only and amount will be refunded after transferring the shareholding to new/any other member.


4. I/We understand that I/we shall be admitted as QUBE Owner of QUBE OWNERSHIP only upon fulfillment of the entire amount and installments mentioned, to be entitled for the benefits of QUBE OWNERSHIP.


5. The registration of property will be done on the name of designated SPV and all co-owners will get shareholding of that SPV.


6. I/We understand that the number of people residing in a room is as follows : 2 adult and 1 kids can occupy one room. (Children above 8 years shall be considered as adult for the purpose of occupancy)


7. I/WE understand that the gifting of the QUBE is my/our responsibility and in this regard the QUBICC does not undertake any responsibility or liability.


8. I/We understand that I/we can make my/our own arrangements to sell my/our QUBE and OWNERSHIP rights & that the QUBICC shall not buy it back from me/us.


9. Room- Nights Booking Cancellation Policy will be as per the resort terms & conditions.


10. I/We agree that without the confirmation of booking, I/we will not have a right of entry into any property.


11. I/We agree to pay Annual Management Fees (AMF) of Rs. 5000 + GST to QUBICC for SPV management whether I/we has/have used QUBE in a particular year or not. Non-payment of the same shall result in my/our dis-entitlement from the use of the entitlements and QUBICC shall have the right to cancel the usage rights if I/we do not pay the AMF or has the right to charge penalty for the delayed payment.


12. I/We understand that the Promotional Offer if any mentioned in the booking form & signed by me/us will be applicable at that time only.


13. I /We understand that any part payment made by me towards any outstanding shall first be appropriated towards interest and then earlier dues /outstanding.


14. In case of default in payment of any installment by me/us, QUBICC shall have the right to terminate my/our QUBE OWNERSHIP and the Terms and Conditions mentioned in QUBE OWNERSHIP agreement shall apply.


15. I/We have read the rules of cancellation, and agree to the same.


16. I/We confirm that there are no other verbal/written promises or any other assurance not mentioned in the QUBE OWNERSHIP rights that have been made by any QUBICC personnel.


METHODS OF PAYMENTS AND REFUNDS


QUBE OWNER should quote their booking details on all bank transfers and cheques made payable to QUBICC to avoid any error and undue delay.


It is the sole responsibility of QUBE OWNER to pay all bank charges in respect of all payments made to QUBICC and refunds received from QUBICC except in case where QUBICC is found to be at fault.


All refunds to QUBE QWNER will be done in the same manner and currency as the original payment was done.


PAYMENT CONSENT


QUBICC doesn't accept any payments in Cash. All payments to the QUBICC is to be made in form of Cheque/DD/NEFT/RTGS favoring to QUBICC or via UPI or net banking. Any payment in cash and Cheque/DD/NEFT/RTGS not favoring to QUBICC is at the QUBE OWNER'S risk and the QUBICC will not be liable for such payments.


QUBE OWNER must have to complete their installment payments within 12 months (25% quaterly) after the formation of SPV. Installment slab may can vary according to property type and property size and will be specified in the dashboard.


QUBE OWNER must understand that if booking of QUBE is cancelled from their end under any circumstances then the booking amount considered as "Earnest Money"will be forfeited by QUBICC.


QUBICC is liable to return the booking amount with an interest of 7.5 % pa if QUBICC fails to gather the rest co-owners within 180-365 days depending upon the property type as specified at the time of booking.


FOR CO-OWNERSHIP APPLICATION

(To become a QUBE OWNER) you must follow guidelines listed below:

1. You must be atleast 18 years of age.


2. Complete and submit an user form to QUBICC in the prescribed form.


3. Pay the booking fee to QUBICC.


4. 4.QUBICC reserve the right to refuse any user form, including without limitation if required to do so by the laws, rules or regulations of any local, state, national or federal governmental entity or by any judicial, public, regulatory or law enforcement authority or court.


5. All these terms will be effective from the date of singing the agreement.


6. If a company, partnership, trust, unincorporated association or other entity wishes to owns QUBE OWNERSHIP, ownership must be in the name of the person nominated by the company or other entity to represent it.


7. Up to 2 co-owners of QUBE OWNERSHIP who live at the same address may apply for one ownership. You must nominate a lead owner to act as our principal contact for matters relating to your ownership.


8. QUBICC shall be permitted to take instructions from and disclose information about your ownership to other co-owners.


9. If we are given conflicting instructions from co-owners, we are entitled to take the first set of instructions received and act on those instructions. If we continue to receive conflicting instructions from co-owners, we may at our reasonable discretion suspend or cancel (with an appropriate refund) exchange privileges relating to your QUBE Ownership unless such instructions can be promptly reconciled or resolved.


10. Co-owners of QUBE OWNERSHIP residing at different addresses must apply for separate QUBE.


QUBE GENERAL CONDITIONS


1. All communication to/from the company shall be to the first applicant.


2. 2.The Company is not liable to buy back or sell the QUBE of a customer.


3. Profit sharing will be disbursed at the end of financial year.


4. QUBICC has the right to advertise/market the apartments or any portion.


5. If the customer, neither done check-in into the property nor cancelled the booking ,the QUBE will be mentioned as occupied on the dashboard and the company will neither provide any other accommodation in any property nor provide any compensation.


6. It shall be the sole responsibility of the occupant/co-owner to inform the concerned manager on site regarding delayed check-in due to any circumstances. In the absence of any such intimation QUBICC reserves the right to release the booking without paying any compensation of nights. In the case of partial utilization of the unit due to delayed check-in or early check-out, the number of days debited shall be as per the original booking.


7. In the case of change of address of co-owner, new address in writing supported with a valid KYC (know your Customer) document should be provided by the co-owner to the company to avoid any mismatch.


8. QUBICC is liable to promote various other properties. The QUBE-OWNERS have no right to claim for access of such properties except their owned unit promoted by the Company.


9. The purchase of QUBE should not be interpret as purchase of equity/preference shares in the company or any ownership right over any properties of the company . The QUBE-OWNER are only liable to get accomodation in the unit for stay as per the terms & conditions.


10. QUBICC will not be responsible if it fails to fulfill obligations mentioned on time, due to any act of natural catastrophe, flood, war, civil commotion, strike or any other circumstances which is beyond the reasonable control of the company.


11. Any promises and commitments made either in writing or in words by any person representing the company, outside the purview of or in contradiction to these terms and conditions are not binding on the QUBICC.


12. If any provisions of these terms shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.


13. In order to communicate with the customer regarding updates related to payment transactions, promotions or other ownership related information, customer completely empowers QUBICC to communicate via any mode of communication even if the customer has registered to
TRAI rules. Customer must provide updated contact details in the case of change of contact details.


14. If the customer or their guest violate any rules/regulation or tried to defame QUBICC due to their any act, QUBICC reserves the right to cancel the usage right of QUBE QWNER.


15. QUBICC reserves the right to modify/amend any of the terms and conditions contained herein and/or impose additional conditions. Such clauses will be duly notified in the website of the company and will also be notified to customer via mail. In addition, the customer is subject to the prevailing rules & regulations of the unit concerned during the period of his/her stay.


16. QUBICC reserves the right to cancel the QUBE OWNERSHIP of customer if declared as insolvent or bankrupt.


17. As per the Company Act 2013, shareholding cannot be distributed before the completion of entire payment plan, hence QUBICC declares here to distribute the entire shareholding of the designated SPV after the completion of payment plan of all shareholder.


18. After deducting utility charges operational charges, remaining profit sharing will be disbursed to QUBE OWNERS.



DISPUTE RESOLUTION AND JURISDICTION


Any dispute or differences whatsoever arising out of or in connection with QUBICC shall be submitted to HARIDWAR DISTRICT COURT (Arbitration/Mediation/Negotiation) in accordance with ARBITRATION AND CONCILIATION ACT 1996 in India. The sole arbitrator shall be nominated by the board of directors of the company. The language used in arbitration proceedings shall be English/Hindi only. The parties agree to be bound by the award passed by the arbitrator.


QUBICC OBLIGATIONS


QUBICC is liable to provide alternate accomodation in case when company does not provide vacation even after the assignment of confirmation voucher for the unit.


In all cases where QUBICC provided alternate accommodation or pays liquidated damages, the number of nights confirmed by QUBICC shall be debited to the customer's account. QUBICC will not be responsible if it fails to fulfill obligations mentioned above on time, due to any act of natural catastrophe, flood, war, civil commotion, strike or any other circumstances which is beyond the reasonable control of the company.


QUBICC assures there will be no dilution of SPV or Property before a tenure of 5 years from the date of possession.


LIMITATION OF LIABILITY


Company specifically states that there will be no warranty with respect to the availability, quality or suitability of the accommodation facility provided in any unit.


Besides under any situation, the company will not be liable for any kind of special, incidental, indirect or consequential damages.


Shareholders will have no right to terminate the Directors of SPV, until QUBICC is out of business. Shareholders can ask for removal of director but it is on QUBICC management discretion for approval.


COMMUNICATING WITH YOU


1.QUBICC is the sole controller of all data of co-owners and all processing of data relating to your ownership.


2. QUBICC has rights to maintain records relating to your ownership. We shall be entitled to process your data for the purpose of providing you the products and services requested; to keep you informed of further offers from us which may be of your interest.


3. Shareholders must allow QUBICC or any third party authorized by QUBICC to make contact to you via post, e-mail, telephone. Hence company is allowed to disclose/share details with our authorized third party to make contact to you regarding products and services till the duration of SPV


I Hereby, Acknowledge that I have read and understood all the terms and conditions carefully stated above by QUBICC PROPTECH PVT. LTD. and I agree to all of the terms and conditions.