Online Platform is a technology services platform that facilitates online collaboration for real estate transactions and delivery of real estate consulting and advisory services.
Services shall include:
Access and Hosting Services
Company shall provide the Publisher with services for hosting of the Content on the Online Platform.
Logistical and administrative support
We may provide logistical and administrative support in connection with any transaction, and such support shall include, scheduling appointments between Publishers and Users, accompanying Users during visits to and inspections of Properties, and obtaining information regarding the Properties and assistance with title searches. Company and its officers shall not be responsible for any loss or damage that the Publisher or its personnel may incur or any Property damage that may arise during site / Property visits.
General real estate consulting services including in relation to buying, selling, management, and tenant services may be provided by the Company.
Company may be paid valuable consideration in exchange for recommending a Vendor to You or providing Your contact to a Vendor. You authorize Company to make such reference and acknowledge that the Company may be paid valuable consideration for providing such a reference. Company shall have no liability to the Users for claims relating to deficiency or quality of goods and / or service, billing disputes, misrepresentations, etc.
You understand and agree that the Services may include advertisements. To help make the advertisements relevant and useful to You, We may serve advertisements based on the information We collect from You through the Services.
Certain services offered directly by third party Vendors may be listed on the Online Platform and the role of Company in such cases is only to list the availability of such services. Company will not be liable or responsible in any way for such services or the quality of such services.
The Company reserves the right, in its sole discretion, to change, add or remove any capabilities / features of the Online Platform and / or any Service without notice.
Publisher shall not interfere with other Publishers providing their services or Properties on the Online Platform.
The Company may provide suitable interface to the Publisher to upload the Content on the Online Platform or at its discretion may require the Publisher to provide the Content in a suitable format for uploading on the Online Platform by the Company. The Publisher shall at all times keep the Content up to date, current and complete.
The Publisher warrants that it has the rights and authorization necessary to transact with the Property through the Online Platform and through the Company’s partner network, and the Publisher shall, at the request of the Company, provide a copy of such authorization to the Company.
In the event the Properties displayed on the Online Platform are no longer available for sale to the End User or the Publisher for whatever reasons would not be able to fulfil its obligation with respect to any of the Properties listed on the Online Platform, the Publisher shall promptly update the Content on the Online Platform to reflect its status.
It shall be the sole responsibility of the Publisher to resolve any dispute or controversy with the End Users.
We do not charge any fees for Users for enabling general access to the Content or to the Online Platform, but we reserve right to charge a licence fee in the future for permitting general access to the Content or the Online Platform.
. Access to certain Content on the Online Platform may be offered by the Company for a fee on a monthly or annual subscription basis ("Paid Content"). Paid Content, when introduced, will be a separate feature on the Online Platform.
Fees for Paid Content is determined by the Company. Fees may vary based on several factors, and the Company reserves the right to change any fees at any time. Fees may be paid through electronic payment methods that is made available by the Company. Fees may also be paid, if such option is available, through the use of ‘credits’ purchased on Google Play Stores, iOS Stores by payment of money.
Subscription to access Paid Content cannot be cancelled or the fees be refunded unless due to the failure of the Online Platform to display the Paid Content indefinitely, technical or otherwise. In case of credits / refunds, the End User may seek a pro rata refund by writing to: firstname.lastname@example.org.
You are authorized to access the Online Platform without registration, and also, if permitted, participate in any interactive activity, with other Users on any bulletin board, dashboard or other communication platform made available by the Company. However, if You wish to avail the services of a service provider or enter into any commercial transaction in relation to the Property, You will be required to register by providing certain basic details. We reserve the right, but not obligated to verify such information in order to ascertain Your identity.
5. ELIGIBILITY TO USE ONLINE PLATFORM
Additional Representation and Warranties of Real Estate AgentIf You are a Real Estate Agent, You represent that You are a licensed real estate agent in Your state. You agree that, You will not do any act or thing or omit to do any act or thing (or permit Your representatives or agent) that is in violation of applicable laws or Your licence conditions. You will not facilitate / advertise / list the sale or purchase of any immoveable property that is not in compliance with the applicable real estate laws.
You shall be responsible for reviewing and obtaining any necessary licenses, waivers or permissions with respect to any third-party rights to Content uploaded, posted, transmitted or otherwise communicated on to the Online Platform.
You shall not upload, post or otherwise transmit any Content, that is obscene, unlawful, derogatory or defamatory of any race, religion or ethnic groups, or material that misappropriates or infringes Intellectual Property Rights of others, on or through the Online Platform or to End Users.
You undertake that You will not host, display, modify, publish, transmit, update or share any Content including data, text, message, review, comments, description, image, sound, and video that:
belongs to another Person and to which You do not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes Intellectual Property Rights of others;
violates any Laws for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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, computer network data, computer data base or software;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer network data, computer data base or software; and
If You are a promoter / developer or any other real estate professional (not being a Real Estate Agent) You agree that You will not publish any Content in relation to any Property in a real estate project or part of it that has not received applicable developmental approvals, permits, or other regulatory approvals .
7. ROLE OF THE COMPANY
You acknowledge and agree that the Company may carry out marketing programs. Such promotions shall be carried on by the Company and You hereby authorize the Company to run marketing programs in relation to the Properties. You acknowledge that the Company shall have the sole discretion to determine which Properties to offer as part of the marketing programs. Further, the Company does not guarantee any 6 minimum level of success in connection with any marketing programs, and its selection of Properties to include will not be an endorsement of those Properties, or of the Publisher.
Property descriptions and other information provided on our Website are intended for general information and marketing purposes and, while we make reasonable efforts to publish reliable information, We have not verified them and make no representation and warranties about such listing. We will not in any circumstances accept responsibility for their accuracy. Information on the Website is not intended to amount to advice on which You should rely. It is strictly advised that You obtain professional advice before taking, or refraining from, any action on the basis of the Content.
User authorizes and gives consent to Company to send user, either through itself or through any third-party service provider, from time to time various information/alerts/SMS/other messages or calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry/ listed in National Customer Preference Register or not.
The Company may collect various Personal Information from You when You use the Website and or the features provided by the Website.
9. INTELLECTUAL PROPERTY RIGHTS
All rights, title, and interest in and to Content, created by the Publisher, and provided to the Company and all Intellectual Property Rights relating thereto will remain with the Publisher (or its licensors).
The Publisher hereby grants, and the Company hereby accepts, a non-exclusive, worldwide, royalty free, fully paid up, non-transferable license, to copy, reproduce, store, display, deliver and modify the Content on the Online Platform. The Publishers hereby grant to the Company a non-exclusive, worldwide, royaltyfree, fully paid up, non-transferable right to use the trademarks and tradenames of the Publishers, solely in connection with the performance of Services and in connection with its public relations, marketing and promotional events
All rights, title, and interest in and to the Online Platform, including but not limited to software, text, data, images and graphics, all updates, modifications, enhancements, improvements, upgrades or corrections thereof, and all related Intellectual Property Rights will be exclusively held by the Company and / or its affiliates.
You shall not reverse engineer or decompile the Online Platform
The Company name and logo are trademarks of the Company and all other logos and marks of other organizations that appear on the Website are trademarks of their respective owners.
The Company does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in operating conditions, internet connectivity, third party software components and other reasons beyond the control of the Company that could result in the loss of Content or availability of Services or loss of any other information relating to transactions carried out through Online Platform.
The Company (nor its employees, agents, suppliers or affiliates) shall not be liable to You (nor to Your employees, agents, suppliers or affiliates) for any lost profits, or any indirect, special, incidental, or consequential loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the provision of Services or arising from or relating to Your use of the Online Platform, even if the Company has been advised or should be aware of the possibility of such damages. In no event shall the Company be liable to You for any punitive damages.
You acknowledge and undertake that You are accessing this Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Online Platform. We shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of conditions, representations or warranties provided by any User in connection with the sale of the Property or provision of services. We shall not mediate or resolve any dispute or disagreement between You and any other User.
11. SUSPENSION AND TERMINATION OF ACCOUNT
We may terminate, suspend or limit Your access to Your Account or block devices using Your IP address from accessing the Website:
if We determine, in our sole opinion, that You have misrepresented any information You provided us;
if We determine, in our sole opinion, that You are ineligible to access this Website in accordance with the Laws;
if We are required to do so by the Law.
12. JURISDICTIONYou agree that any dispute or claim related to Your use of the Website is subject to the exclusive jurisdiction of the courts of Bengaluru, India, and will be adjudicated as per the laws of India for the time being in force.