PLEASE READ THIS DOCUMENT CAREFULLY. BEFORE ACCESSING OR USING www.buyindiahomes.com , YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE www.buyindiahomes.com.
There may be amendment/modifications to these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on www.buyindiahomes.com. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use ofwww.buyindiahomes.com, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. Buy India Homes may also suspend the operation of www.buyindiahomes.comfor support or technical upgradation, maintenance work, in order to update the content or for any other reason.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- “Authorized User” or "You" means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
- "Company":Is defined as Buy India Homes Pvt. Ltd. an existing Company under the Companies Act, 2013 and having its head office at Pune, Maharashtra along with its unit for the Company’s website www.buyindiahomes.com .
- “Date of Commencement”: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in it s notice to the user either through e-mail or conventional mail.
- “My Subscriptions”:Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website buyindiahomes.com
- “Registration Data”:Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User' s name, telephone number, mailing address, account and email address.
- Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
- “Services”: Means the Services to be provided by the Company to the User of www.buyindiahomes.com and shall include the provisions of the following facilities:
The Service shall be deemed to have commenced on the Date of Commencement of service.
“buyindiahomes.com ”: Is defined as the Internet web site of the Company at www.buyindiahomes.com
”User": Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.
The provision under Contract Act, 1872 for a valid contact shall be complied.
- Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
- Service to the Users who wishes to secure a property through buyindiahomes.com and its Internet links.
- Service to the users who wishes to place a print advertisement in any of the group publications through the www.buyindiahomes.com site.
- Service to the Users who wishes to insert advertisements at www.buyindiahomes.com
- Service to the Users who wishes to receive advertisements and promotional messages on www.buyindiahomes.com and through emails.
SUBMISSION AND ADMINISTRATION OF LISTING
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to www.buyindiahomes.com unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on www.buyindiahomes.com. The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, Buy India Homes may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed.
Buy India Homes may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, Buy India Homes may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. Buy India Homes will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the www.buyindiahomes.com website. Buy India Homes shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on www.buyindiahomes.com and Buy India Homes shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees.
(a) to represent and warrant that all Properties and associated information provided by the Customer will be accurate
(b) that the Customer will not permit the posting of a property on www.buyindiahomes.com under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
Buy India Homes Digital reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on www.buyindiahomes.com without notice Pointer. IProperty accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While Buy India Homes shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to www.buyindiahomes.com.
Customers, who are buying/renting property/propreties through Buy India Homes, must verify details the property/properties as well as right, title, ownership, lien etc. on their own.
OBLIGATIONS OF USERS/SUBSCRIBER
- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- The user agrees that any data entered into herein will be subject to mandatory verification process by Buy India Homes Digital Pvt. Ltd.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the www.buyindiahomes.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- www.buyindiahomes.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with www.buyindiahomes.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
- The User will indemnify Buy India Homes Digital Pvt. Ltd. for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
- “Buy India Homes do not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liabe for any and all actions taken by third party (whether civil or criminal)
LIMITATION OF LIABILITY
BUY INDIA HOMES DIGITAL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
BUY INDIA HOMES DIGITAL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer's data/information. BUY INDIA HOMES DIGITAL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
BUY INDIA HOMES DIGITAL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to www.buyindiahomes.com (or any part thereof) for any reason, including, without limitation, that BUY INDIA HOMES DIGITAL based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Submissions and unauthorized use of any information(s)/materials contained on www.buyindiahomes.com may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, BUY INDIA HOMES DIGITAL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of www.buyindiahomes.com material or your breach of these Terms and Conditions.
BUY INDIA HOMES DIGITAL gives a limited assurance that the name and contact information of the advertiser and the category in which the advertiser is listed by Buy India Homes, have been verified as existing and correct at the time of the advertiser's application to register with Buy India Homes, Buy India Homes Digital makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the Property & -Price offered by the advertiser.
Users using any of Buy India Homes Digital service across the following mediums ie. through internet ie Buy India Homes Website, Website, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Advertiser listed with Buy India Homes.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Buy India Homes Digital does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Buy India Homes. Further, Buy India Homes is not at all responsible for any act of Advertiser/s listed at Buy India Homes Digital.
For the purpose of this Agreement and attachments thereto and all renewals, “ Confidential Information ” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the “ Disclosing Party ” herein the Company ) or any other members of the Disclosing Party’s group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise com e into the possession of the other (the “ Receiving Party ” , herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party’s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to “Violation of Terms & Conditions” clause, release any such data and information to any third party without the prior consent of the User.
The User has access to only his own data and information stored in the database at www.buyindiahomes.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
All copyright and/or know-how and/or any other related intellectual property rights to the Services of www.buyindiahomes.com shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to www.buyindiahomes.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
The right to amend vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User.
This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at www.buyindiahomes.com The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
DISCONTINUATION OR MODIFICATION TO SERVICES
The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. Except for paid service, a pro-rated refund shall be effected for the remaining unused period.
There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of The Company’s Finance department, all legal notices shall be sent to the attention of the Company’s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail. All notices from the Company including notice of change to these Terms & Conditions or other matters related to www.buyindiahomes.com will be done by displaying notices to Users on the services.
Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
The failure of Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to b e invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
GOVERNING LAW AND JURISDICTION
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between Company and any User of the Service.
The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
This Agreement and any dispute or matter arising from incidental use of www.buyindiahomes.com is governed by the laws of India and the User and www.buyindiahomes.com hereby submit to the exclusive jurisdiction of the courts at Pune, Maharashtra, India without prejudice.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS