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.
BY CLICKING ‘ACCEPT’ OR ACCESSING THIS WEBSITE, USING OR INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF THE USER IS NOT AGREEABLE WITH THE TERMS OF THE AGREEMENT, HE MAY NOT CLICK ‘ACCEPT’, ACCESS THE WEBSITE, USE OR INSTALL ANY PART OF THE SERVICE AND THE COMPANY MAY PROMPTLY CANCEL ALL ITS TRANSACTIONS WITH THE USER.
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- Agreement: Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deem to have been executed at Pune.
- Company: Is defined as Bharatestates.com having its office at Pune.
- 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.
- Date of Termination: Is the date of expiry mentioned in the notice or/and the letter of termination.
- 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 Bharatestates.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 Bharatestates.com and shall include the provision of following facilities:
- 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, allied services etc.
- Service to the Users who wishes to secure a property through Bharatestates.com and its Internet links.
- Service to the Users who wishes to insert advertisements at bharatestates.com.
- Service to the Users who wishes to receive advertisements and promotional messages on BharatEstates.com and through emails.
- Bharatestates.com: Is defined as the Internet web site of the Company at BharatEstates.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.
- User must be competent to enter into a valid contract according to Section 11 of The Indian Contract Act, 1872 i.e.
- he/she must be above the age of 18 years;
- he/she must be of sound mind
- he/she must not be disqualified from entering into this agreement by any law
- This Agreement in electronic form will be valid as per Section 10A of the Information Technology Act, 2000.
- The User’s registration for paid membership with the Website represents and warrants that the User shall ensure competency to enter into this Agreement as per S.11 of The Indian Contract Act, 1872 and thereby intend to agree and abide by terms of this Agreement.
- Subsequently if the User realizes that they are unable to comply with the condition mentioned in clauses mentioned above, they must undertake to inform such disability to The Company at the earliest.
Commencement of Service
- The Service shall be deemed to have commenced on the Date of Commencement of service.
- The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the "My Subscriptions" page or as may be prescribed by the Company from time to time.
- Liability for the Subscription Fees shall accrue from the Date of Commencement.
- All individual Users who access or make postings of information at Bharatestates.com for the purpose of buying property shall be exempted from the application of this clause.
- Currently there is no Subscription Fees or Brokerage fee for Individuals Posting resale Property / lease/ rental property Ads on BharatEstates.com.
- BharatEstates.com Management has rights and can decide on subscription fees from all individuals posting resale Property Ads on BharatEstates.com in future if required without prior notice.
For Agents and Brokers
- Agents and Brokers are not allowed to post property Ads on BharatEstates.com.
- BharatEstates.com Team has every right to de-activate suspicious property ads or property ads posted by agents or brokers without notice to the concerned party.
- Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
- The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company's deciding the dispute in the User's favor, the Company shall refund to the User any excess amount paid by the User free of interest.
- Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
- Your BharatEstates Account Information is password-protected for your privacy and security.
- In certain areas BharatEstates uses industry-standard SSL-encryption to protect data transmissions.
- Bharatestates.com 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.
Obligations of User/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.
- 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 Bharatestates.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- 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.
- 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.
- 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.
- Bharatestates.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with Bharatestates.com shall be reflected after 48 working hours. The user further agrees to the stipulated 48 working hours.
- The User will indentify BharatEstates.com 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.
- "Bharatestates.com does 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). BharatEstates.com 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 working hoursof receipt of such complaint. All complaint should be addresses by email at firstname.lastname@example.org
- "The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by Bharatestates.com as deemed fit by them."
- "User of the website agrees to indemnify and keep Bharatestates.com 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."
- The Users shall not host, display, upload, modify, publish, transmit, update or share any information that
- Belongs to another person and over which the user does not have any right ;
- Relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harming minors in any way;
- Violates any law for the time being in force;
- Deceives the Company about the origin of such messages or communicates any information which is misleading, defamatory, offensive, vulgar, obscene, profane, scandalous, lascivious, libelous, hurting religious sentiment or menacing in nature;
- Impersonates another person;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- The User shall not use, manipulate or interfere with other users’ or any listings/information.
- The User shall not take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to The Company).
- The User shall not distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes via the Website.
- The User shall not harvest or otherwise collect information about other users, including their email addresses and other details without the Company’s consent.
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
- 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.
- The User shall use the Service only for the purpose for which it is subscribed
- 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 there to.
- The User shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Bharatestates.com except such data and information which are posted by the particular User himself.
- 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.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The 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.
- The User shall be prohibited if they persistently send messages or make postings on Bharatestates.com to any other User or third party who access Bharatestates.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.
- 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.
- 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 Bharatestates.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 bharatestates.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other than as necessary to complete any Bharatestates.com transactions in which you are involved.
- The User shall not violate, or attempt to violate the security of Bharatestates.com and/or any web sites linked to Bharatestates.com or gain un-authorized access 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.
- 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 Bharatestates.com network system.
- 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 without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity which leads to the said violations and in the event the User continues with such prohibited activity, the Company reserves the unilateral right to suspend or/and deactivate the User's access to Bharatestates.com the Service and/or any other related facility. 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.
- The Users shall avail of the Bharatestates.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 libelous 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 Bharatestates.com related transactions.
- Bharatestates.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Bharatestates.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- Bharatestates.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Bharatestates.com systems, 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.
- User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of The Company, and The Company shall not be responsible for any data lost while transmitting information on the Internet. While it is The Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. The User understands and acknowledges that due to circumstances both within and outside of the control of The Company, access to the Site may be interrupted, suspended or terminated from time to time.
- The Company shall have the right at any time to change or discontinue any aspect or feature of The Website, including, but not limited to, content, hours of availability, applicability of fees or charges and equipment/softwares needed for access or use. Further, The Company may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Copyright and Trademarks
- Everything located on or in this Site, is the exclusive property of The Company, or used with express permission of the Copyright and/or Trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANTY IS STRICTLY PROHIBITED.
- Any violation of this policy may result in a Copyright, Trademark or other intellectual property right infringement that may subject End User to inter alia civil and /or criminal penalties.
- This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of The Website are protected by Copyright as a collective work under the Indian Copyright Act, 1957. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User are not supposed to modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission/license from of The Company and the copyright owner is duly obtained as per Section 30 of the Indian Copyright Act, 1957. Even if such a license is obtained, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.
- End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material.
- Trademarks that are located within or on the Site other than as per the provisions of The Trade Marks Act, 1999 and which are owned or operated in conjunction with The Company shall not be deemed to be in the public domain but rather the exclusive Intellectual property of The Company.
- Any other mark on the Web site otherwise other than as mentioned above are used under the express permission of the Proprietor of such Trade Mark and are for the exclusive benefit and use of The Company, unless otherwise stated. The Company holds the right of permitted use as defined under S.2 (r) (ii) of The Trade Marks Act, 1999 in such scenario.
- End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
Confidentiality & Security
- 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)).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquires 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.
- 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.
- 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.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from Bharatestates.com database without prior consent from Bharatestates.com in writing.
- The Company shall have the right, but not the obligation, to monitor the contents of the Site at all times, including any chat rooms, blogs and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by The Company, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The Company shall have the right to remove any material that The Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- 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 Bharatestates.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.
- Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
- 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.
- 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.
- If in the opinion of the Company, the User has breached any of the terms and conditions of this agreement.
- If in the opinion of the Company or/and any regulatory authority, it i s not in the public interest to continue providing the Service to the User for any reason.
- 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.
Liabilities upon Termination
- If the Agreement is terminated pursuant to clauses set out in XI 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.
- 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.
Suspension of Service
- If any monies 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.
- 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 up to the date.
- Upon subsequent payment, by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
Violation of Terms & Conditions
- If bharatestates.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Bharatestates.com 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. Bharatestates.com 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. Bharatestates.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 Bharatestates.com believes in its sole discretion that any advertisement or/and services may create liability for Bharatestates.com, Bharatestates.com 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. In sum, Bharatestates.com 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
Disclaimer of Warranties: The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Bharatestates.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The Company / Bharatestates.com makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does Bharatestates.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
- All commercial / contractual terms will be offered by and agreed to between buyers and sellers of the properties alone. The Website/Company does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.
- The Website/Company is not responsible for any non-performance or breach of any contract entered into between Users or between any User and seller of any property. The Website/Company cannot and does not guarantee that the concerned Users or seller of properties will perform any transaction conceived through the Website. The Website/Company shall not and is not required to mediate or resolve any dispute or disagreement between Users and or seller of properties.
- The Website is only a venue through which Users can gain information regarding properties they can buy. The Website/Company is only providing a platform for communication and it is agreed that the contract for sale of any of the property shall be a strictly bipartite contract between the seller of the property and the User/buyer. At no time shall any right, title or interest over the properties vest with The Company nor shall The Company have any obligations or liabilities in respect of such contract. The Company is not responsible for delayed possession of properties or other incidental matters thereto.
- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or Bharatestates.com.
- Bharatestates.com will not be liable for any time difference arising between a message released through a gateway / server (provided to Bharatestates.com) and such message finally reaching the End User from the concerned service provider.
- The Company shall not be liable for any disclosure of information concerning the User's account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition The Company shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
- In case the there is any loss of information, caused due to any reason, weather as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
- All information are accepted in good faith and Bharatestates.com accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
- The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
- The Company does not warrant that Bharatestates.com or any of the web sites linked to Bharatestates.com be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.
- It is not the Company's policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through Bharatestates.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party's rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or Bharatestates.com and/or the internet.
- Bharatestates.com is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Bharatestates.com screen or/and censor or/and otherwise control the Users of its service. Bharatestates.com cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of Bharatestates.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. Bharatestates.com does not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
- If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Bharatestates.com has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the Bharatestates.com or/and their officers or/and employees or/and agents or/and successors.
- The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
- No advice or or/any information, whether oral or/and written, obtained by the User from Bharatestates.com or/and through or/and from the service shall create any warranty not expressly stated herein.
- In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such site visits. The Company/Bharatestates.com shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Advertiser in this regard.
- The website's total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company's website or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
- The User releases and indemnifies The Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website/seller of the properties and specifically waive any claims that he/she/it may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, The Website/Company cannot control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
- The Website may on request organize Site visits for Users free of cost. However, the User in full recognition and appreciation of the dangers and hazards inherent in visiting a construction site, freely acknowledges and understands that the activity involves the risk of serious bodily injury or death, and the User hereby fully accepts and assumes all risks and responsibility for injuries, losses, liabilities, damages and costs which the User or such other persons accompanying him may incur as a result of such Site visit. The User may be advised to wear a hard hat, safety glasses with side shields and any other personal protective equipment as may be required by the construction company/builder at all times at all times while on the construction site, which he shall strictly adhere to.
- The User on his behalf and on behalf of his personal representatives, executors and heirs, hereby releases and agrees to indemnify, defend and hold harmless The Company, its affiliates, partners (including joint venture partners), members, managers, officers, directors, agents, employees or volunteers, subcontractors and sub-subcontractors, and if applicable, the owner(s) or lessor(s) of the property (“Releasees”), from and against any and all injuries, losses or liabilities, to the fullest extent permitted by law, incident to the User’s involvement or participation in visiting the construction site (“Release and Indemnification”). This Release and Indemnification shall include, but not be limited to, all injuries, losses or liabilities of any kind whatsoever incurred or sustained by the User or his property as a result of the negligence of the Releasees.
Limitation of Liability
- User agrees that Bharatestates.com shall not 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 Bharatestates.com has been advised of the possibility of such damages. User further agrees that Bharatestates.com 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 Bharatestates.com 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 Bharatestates.com'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 Bharatestates.com, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Bharatestates.com 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.
- Bharatestates.com 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.
- Bharatestates.com 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 Bharatestates.com mobile application on your mobile phone.
Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
- 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.
- Retain all data or/and information supplied by the User while using the Service to remain at Bharatestates.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.
- "By entering mobile number while registering on bharatestates.com, user gives consent to Bharatestates.com to send alerts, contact and promotional SMS to users registered mobile number. In case user does not want to receive these messages on his/her mobile number, he can remove his/her mobile number from his user details from bharatestates.com".
- 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 made 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 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 agree 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 Bharatestates.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 e indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).
Provisions of Information Technology Act, 2000:
- The Company and/or the Website are ‘Intermediaries’ as per the provisions of Information Technology Act of 2000 and are therefore protected from liability with respect to any third party information/content that may be posted on the Website as per the law.
- 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 Bharatestates.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 BharatEstates.com command 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 Service or Bharatestates.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 Bharatestates.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 varies or changes 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 Bharatestates.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.
- 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.
Discontinuation or Modification of 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 affected 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 Bharatestates.com will be done by displaying notices to Users on the Service.
- 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 Bharatestates.com 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 be invalid, the parties nevertheless agree that the court should Endeavour 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.
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 Bharatestates.com 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.
- This Agreement and any dispute or matter arising from incidental use of Bharatestates.com is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Pune, India without regard to its conflict of law provisions. User and Bharatestates.com agree to submit to the personal and exclusive jurisdiction of the court located in Pune.
Acknowledgment and Acceptance of Terms and Conditions
- Our support center helps users to post their property with ease on our website. The information which we gather via calling is kept highly confidential. It is not outsourced to third parties under any circumstances. Customers also bear the responsibility of providing accurate and genuine information about their property when they receive calls from our support team. BharatEstates.com does not take any responsibility of data which is gathered via telephone calls.
- In case of any grievances against thewebsite, the User may kindly get in touch with (GRIEVANCE OFFICER), (Mob No.), (Email ID),
Function of Bharatestates.com is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored; or hosted
- Bharatestates.com does not
- Initiate the transmission,
- Select the receiver of the transmission, and
- Select or modify the information contained in the transmission
- Bharatestates.com observes due diligence while discharging its duties under information Technology Act, 2000 and also observes such other guidelines as the Central Government may prescribe in this behalf.
- Bharatestates.com respects the intellectual property rights of others, as well as their right to good name, right to privacy and any other applicable right (the "Rights") and requests the Users of its Services to do the same. If you believe that certain content/work, which appears on Our online Services at www.bharatestates.com(the "Services" and the "Website", respectively), infringes upon your Rights, you may send Bharatestates.com a written notification, stating the location of the content/work claimed to be infringing of your rights.
- Upon your notification, Bharatestates.com may remove or disable access to any such content/work.
- To be effective, your notification of claimed infringement must be a written communication that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a right that is allegedly infringed;
- Identification of the content/work claimed to be infringed via using the Website, or if multiple works are covered by a single notification, a representative list of such works;
- Identification of the content/work that is claimed to infringe or to be the subject of infringing activity and that access to which is to be disabled, and information reasonably sufficient to permit Bharatestates.com to locate such content/work, including the exact URI (Uniform resource Identifier);
- Information reasonably sufficient to permit Bharatestates.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use or appearance of the content/work in the manner complained of is in infringement of your Rights and that the information in the notification is accurate
Following receipt of your communication, Bharatestates.com may ask you to provide further or supplemental information, prior to removing any content which was displayed on the Website, as Bharatestates.com deems necessary. Bharatestates.com may also provide the registered User/Writer who uploaded the allegedly infringing content with your contact details, in order for that person to be able to contact you directly and communicate with you regarding your notification.
You can send any notification by using our contact details hereunder:
It is our constant Endeavour to make Bharatestates.com an enjoyable and effective experience for all our users. If you observe material or behavior that may violate one of the Bharatestates.com Terms & Conditions, please write to us. This will go a long way in enhancing our service!