Indian Property Dekho.com
Terms & Conditions

IndianPropertyDekho.com  Terms & Conditions 

I. Defined Terms:

Ø  "Agreement" Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deemed to have been executed at New Delhi. These terms of use (Terms) constitute a legally binding agreement between you and Indian Property Dekho Realty Services (the "Company") regarding your use of the web site i.e. www. IndianPropertyDekho.com (the "Site") and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms.

Ø  You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.

Ø  "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.

Ø  "Company": Is defined as Indian Property Dekho Realty Services (IPDRS) having its corporate office at 1110, Arunachal Building, 19 Barakhamba Road, New Delhi, along with its unit for the Company’s website IndianPropertyDekho.com.

Ø  “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 its notice to the user either through e-mail or conventional mail.

Ø  “Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.

Ø  “My Package”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website  IndianPropertyDekho.com

Ø  “Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and package, including but without limiting to the User' s name, telephone number, mailing address, account and email address.

Ø  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.

Ø  “Services”: Means the Services to be provided by the Company to the User of IndianPropertyDekho.com and shall include the provision of following facilities:

1.    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..

2.    Service to the Users who wishes to secure a property through IndianPropertyDekho.com and its Internet links.

3.    Service to the users who wishes to place a print advertisement in any of the group publications through the IndianPropertyDekho.com site.

4.    Service to the Users who wishes to insert advertisements at IndianPropertyDekho.com.

5.    Service to the Users who wishes to receive advertisements and promotional messages on IndianPropertyDekho.com and through emails.

 

Ø  IndianPropertyDekho.com Is defined as the Internet web site of the Company at www.IndianPropertyDekho.com

Ø  ”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

II. Commencement of Service

Ø  The Service shall be deemed to have commenced on the Date of Commencement of service.

III. Cancellation

Ø  Company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy. 

IV. Obligations of User/Subscriber

Ø  The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.

Ø  The user agrees that any data entered into herein will be subject to mandatory verification process by Indian Property Dekho Realty Services.

Ø  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.

Ø  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.

Ø  The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the IndianPropertyDekho.com service.

Ø  The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.

Ø  The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.

Ø  The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.

Ø  The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.

Ø  The User shall be responsible for the set-up or configuration of his equipment for access to the Service.

Ø  IndianPropertyDekho.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with IndianPropertyDekho.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing. 

Ø  The User will indemnify Indian Property Dekho Realty Services 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.

Ø  “IndianPropertyDekho.com 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 liable for any and all action taken by third party (whether civil/criminal). Indian Property Dekho Realty Services however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaint should be addresses by email at info@IndianPropoertyDekho.com or intimated by phone 011-43755152.

Ø  “The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by Indian Property Dekho Realty Services as deemed fit by them”.

Ø  “User of the website agrees to indemnify and keep Indian Property Dekho Realty Services indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party”

Ø  For any person to register ( In Case of Online Auction ) as a buyer/seller on the website, he must upload his/her government approved set of identification on the website. Any indication of a forged/ fake identification document submitted at the website automatically annuls the contractual agreement between the client and the website.

Ø  IPDRS reserves the right to modify, suspend, cancel, discontinue or terminate the Services of the website or reject any or all entries/blogs at their absolute discretion without giving any prior notice and without assigning any reason whatsoever and without any liability to the User.

Ø  User represent and warrant that it owns or otherwise control all of the rights to the content/documents/information submitted on the Website and that it will not violate the Service Terms or cause injury to any other person or entity. IPDRS takes no responsibility and assume no liability for any material, documentation, content, opinion, recommendation, or advice submitted by User or any third party. IPDRS has no obligation to post any content/documentation/information provide by User, and reserve the right to post its own versions of that content/information (including, but not limited to, photos of properties or property descriptions) instead of User's in IPDRS's sole discretion.

Ø  IPDRS specifically prohibits the posting of User's content which provides the following and/or has the effect of the following. The list below is for illustration only and is not a complete list of all prohibited User Content. The User Content:-1) is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;2) harasses, incites harassment or advocates harassment of another group or individual;3) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";4) promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous or which amounts to contempt of any judicial authority or violation of relevant laws;5) contains restricted or password only access pages, or hidden pages or images;6) displays or links to obscene, indecent pornographic, material of any kind;7) provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users.

Ø  The contents/documents, views and ideas expressed/posted are of the respective Users and IPDRS does not support/endorse any such views, ideas and expressions. Moreover, IPDRS does not represent or guarantee the truthfulness, accuracy, or reliability of any such postings/property posted by the Users, the ability of Seller to offer property to Buyers/bidders or any document/information/pictures/content related to property or Bidder information or genuineness of the Buyer and/or Bidder and makes no representations about any property listed/documents available/ information related to properties listed or uploaded on the Website or buyer or seller or bidder or any other related information on the website. The Users are cautioned to enquire in their personal capacity or use common sense and proper judgment with respect to any information/documentation available on the website. IPDRS is merely providing a platform to the Users for the purposes of buying and selling its properties and is not involved in the any transaction between Seller, buyer or bidder, in any manner whatsoever. Any reliance on the content/documentation/information posted by other Users using the website shall be entirely at the risk of the User. User understand and confirm that using and acting in pursuance of information and documentation on the Website can accrue risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false or with intent to cheat or defraud.

Ø  IPDRS shall not be liable or responsible in any manner whatsoever for deletion and/or failure to transmit or store any information/documentation/content posted by the User by using the Services herein or personal information provided by the User or any other communication maintained by the Service. Further, IPDRS reserves the right to create limits on use of the said Service and storage at its sole discretion without assigning any reason whatsoever and without giving any prior notice.

Ø  USER AGREE THAT THE USE OF THE SERVICES IS AT USER's SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT IPDRS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IPDRS makes no representations or guarantees that the Services are compatible with USER's equipment or that the Services, or that any electronic communications sent by IPDRS or its affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and IPDRS disclaim any liability relating thereto. User agrees that IPDRS have the right to change the content or technical specifications of any aspect of the Services at any time in its sole discretion. User further agrees that such changes may result in Users being unable to access the Services.

Ø  IPDRS make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, documentation, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. Users are encouraged to conduct their own due diligence and investigate all matters relating to any properties. It is recommended that user shall seek independent advice, including legal advice, to perform the due diligence and use good faith efforts in determining that the content of all information provided to or obtained by User is accurate.

Ø  IPDRS does not warrant that website will operate without any technical error and is free from any computer viruses or other harmful mechanisms. IPDRS shall not be liable in any manner whatsoever for any consequences, claims, damages, costs etc. arising out of any of the above-said reasons or due to any force majeure factors and/or due to any reasons beyond the control of IPDRS. IPDRS to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. IPDRS makes no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links used on the website.

Ø  IPDRS's maximum liability arising out of or in connection with the website or User's use of the IPDRS's Services/Website, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed INR Rs. 20,000/-

V. Prohibited Actions

Ø  User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service

Ø  The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.

Ø  The User shall use the Service only for the purpose for which it is subscribed.

Ø  The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

Ø  The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on IndianPropertyDekho.com except such data and information which is posted by the particular User himself.

Ø  The User shall not share the Service with any person without the prior written approval of the Company.

Ø  The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.

Ø  Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.

Ø  The User shall be prohibited if they persistently send messages or make postings on IndianPropertyDekho.com to any other User or third party who access IndianPropertyDekho.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.

Ø  The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.

Ø  The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to IndianPropertyDekho.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of IndianPropertyDekho.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.

Ø  User agrees not to make use of anyone else's Information other than as necessary to complete any transactions in which you are involved.

Ø  The User shall not violate, or attempt to violate the security of IndianPropertyDekho.com and/or any web sites linked to IndianPropertyDekho.com or gain un-authorized access to any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

Ø  The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or IndianPropertyDekho.com network system.

Ø  In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to IndianPropertyDekho.com the Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.

Ø  The Users shall avail the Service on IndianPropertyDekho.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.

Ø  Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the IndianPropertyDekho.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.

Ø  Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through IndianPropertyDekho.com site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

Ø  You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -

o   Belongs to another person and to which you do not have any right to;

o   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;

o   Harm minors in any way;

o   Infringes any patent, trademark, copyright or other proprietary rights;

o   Violates any law for the time being in force;

o   Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

o   Impersonate another person

o   Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

o   Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

o    Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company's Services/Site/computer resource, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

VI. Confidentiality & Security

Ø  To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).

Ø  Since a user identification is necessary to access the Service; the User shall use only his own user Identification.

Ø  It is agreed by the User that he acquire s no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.

Ø  In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.

Ø  The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.

Ø  The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from IndianPropertyDekho.com database without prior consent from Indian Property Dekho Realty Services in writing.

VII. Maintenance

Ø  The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to IndianPropertyDekho.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

VIII. Termination

Ø  Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.

Ø  It shall be on the discretion of the Company that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.

Ø  However, the Company irrespective of clause 1 and 2 above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever

(a)  if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and

(b)  ) if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and, 

(c)  if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights:

IX. Liabilities upon Termination

Ø  If the Agreement is terminated pursuant to clauses set above, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination.

Ø  The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of the relevant Date of Termination.

X. Suspension of Service

Ø  If any money payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.

Ø  When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.

Ø  Upon subsequent payment by the User of such money as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.

XI. Violation of Terms & Conditions

Ø  If the Company, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Company may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. Company could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. IndianPropertyDekho.com will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If Company believes in its sole discretion that any advertisement or/and services may create liability for CompanyCompany may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. To summarize, Company reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.

XII. Limitation of Liability

Ø  User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

Ø  The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.

Ø  Company shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.

Ø  Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the magicbricks mobile application on your mobile phone.

XIII. Use of Information/Data Supplied

The User hereby agrees and irrevocably authorizes that the Company has the right to:

Ø  Use for the company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.

Ø  Retain all data or/and information supplied by the User while using the Service to remain at IndianPropertyDekho.com for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company’s property, records and databases as the exclusive property of the Company, for all times to come.

Ø  "By entering mobile number on magicbricks.com while registering for an account or receiving alerts, contacting a property seller/buyer, user gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DND list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with IndianPropertyDekho.com."

XIV. Indemnity

User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company’s use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User’s representations and warranties mad e in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of IndianPropertyDekho.com or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).

XV. Confidentiality

Ø  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.

Ø  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.

Ø  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.

Ø  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.

Ø  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.

Ø  The User has access to only his own data and information stored in the database at IndianPropertyDekho.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.

Ø  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.

Ø  All copyright and/or know-how and/or any other related intellectual property rights to the Services of IndianPropertyDekho.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 IndianPropertyDekho.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.

XVI. Variation

Ø  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.

Ø  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.

XVII. Discontinuation or Modification to Services

Ø  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.

Ø  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.

 

Refund Policy In Case of Bidding

The refunds will be made in the following cases:

For seller:

Ø  If seller has not received any bid greater than the reserve price at the end of the auction process, his credit will be refunded.

Ø  If winning bidder refuses to close the deal at the of the auction process, the seller’s credit will be refunded.

For Buyer:

Ø  If bidder is not declared as a winning bidder, his credit will be refunded subject to the visit charges.

Ø  When the seller withdraws the property listed by him, irrespective of whether the reserve price has been met or not, all the interested bidders are entitled to 100 % of refund of credits.

Ø  If seller refuses to close the deal with the winning bid, credit of winning bidder will be refunded.

Ø  an auction process, if a bidder withdraws, he is entitled to refund of an amount.

Refunds after scheduling visit to the property:

Ø  Whenever a bidder completes his visit to a property, a visit charge is levied by the website. Any refunds made thereafter to the bidder, would be made for an amount obtained by deducting the visit charges from the original amount.

Ø  The only exception to the rule is when the property for which the visit was arranged, has been withdrawn by the seller. In this case, even the charge for the visit borne by the bidder will be refunded fully.

General Refund Information

Ø  The refunds done by IPDRS would be done at the earliest possible convenience, on a best effort basis without any liability.

Ø  Refunds will be made possible only in the account through which the payment was received. If the information of the account is not available, the refund will be made by cheque in the name of person whose ID proof is submitted at the time of account creation.

Ø  IPDRS reserves the right, in its sole discretion, to amend or revise the refund policy at any point of time, without prior notice and the User agrees to be bound by such amendments or revisions. It is therefore suggested that the User must periodically review the updated version of these terms & conditions at www.IndianPropertyDekho.com

Note: The decision of the company would be considered final for any refunds to be made.