TERMS AND CONDITIONS
This Website, www.propira.com, (hereinafter referred to as "Website") is owned, hosted and operated by M/s Propira Global Private Limited (hereinafter referred to as the “Company”), a company incorporated in India under the Companies Act, 2013. These terms and conditions regulating use of these Services constitute a legally binding agreement between the Company and the User (the “Agreement”).
By your use of the Website and any of the services and tools provided through this Website on any electronic device, you shall be contracting with M/s Propira Global Private Limited, the owner of this Platform. PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.YOUR USE OF THE WEBSITE SHALL SIGNIFY YOUR AGREEMENT TO BE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS-
DEFINITIONS
"User" is defined as an individual or corporate person who accesses or utilizes any of the services offered by the Website for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views. The term refers to subscribers for the services and the signatory, whose particulars are contained in the application form, includes its successors and permitted assignees; it also applies to visitors who access or utilize the website or any of its services without creating an account.
“Service” would mean to include but not limited to the interactive online information service offered by the Website through which the user may access information carried by Website in the online real estate database maintained by it. The term Service would also include to mean-
The search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria in order to find a property though the Website and its internet links.
The term would also include services by way of space used by Users for Posting User profile and/or listing for the purpose of sale/rental of property, and related property services etc. which Users can then select one or more of the items presented to view the full document/ record. However, the term Service does not extend to the Website acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
Service does not include user's visit or access to any third party website or database by way of clicking any advertisement or popup shown on company's website for commercial purposes.
"User Data" shall mean all information submitted by the User on the Website including data which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. with the exception of trading data, credit card numbers, checking account numbers, etc.
Words referring to the singular include the plural and vice versa as the context admits or requires; and words importing persons includes individuals, bodies corporate and unincorporated as the context admits or requires.
USER ELIGIBILITY
The use of Website, either by registration or by any other means, is available only to persons who are 18 years of age and above and can enter into a legally binding contract and are not barred by any law for the time being in force. A User who accesses this Website, either by registration or by any other means, not as an individual but on behalf of a legal entity, represents that he is fully authorized and responsible for the listing or posting ofany information on the Website on behalf of the legal entity and agrees to be accountable for the same to other users of the Website.
While individuals under the age of 18 may utilize the service of the Website, they shall do so only with the involvement and guidance of their parents and/or legal guardians, under such Parent/Legal guardian's registered account. User agrees to register prior to uploading any content and/or comment and any other use or services of this site and provide details including but not limited to complete name, age, email address, residential address, and contact number.
PAYMENT TERMS
The access to Website by any User, including registration of account with the Website and posting of any information for listing or any other kind of advertisement by any User does not require payment of any fee to avail such facility. However, the Company reserves the right to introduce subscription/advertisement charges or any payment terms for the all/any of the services provided on its website, as it may deem fit, in future.. The Company shall charge such fees, , the amount of which shall be decided and posted on the Website and also be revised from time to time by the Company.
The paid Services, as and when they are introduced, may be on auto renewal mode unless cancelled. If at any point the User does not wish to auto-renew the paid Service, User may cancel the service before the end of the service subscription term.
Payments for such services offered shall be on a 100% advance basis. The payment for Service once subscribed to by the User is not refundable and any amount paid shall stand appropriated. Refund, if any payable, after deducting the account cancellation fees, shall be at the sole discretion of the Company and for which it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts due to the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis, considering the usages of the services. User agrees that the refund process would take at least 21 days after the complete documentation has been received by the Finance team for processing such refund.
User acknowledges that the Company reserves the absolute right to refuse the refund in the event of wrong or objectionable property content being posted on the site, or the use of the website and/or its services in a manner inconsistent with these terms and conditions.
User acknowledges and agrees that the Company shall, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, be entitled to set off the amount paid or payable by User against any amount(s) payable to the Company under any other agreement or commercial relationship towards other products/services.
User also agrees that the Company reserves its right to amend alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms/disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Where fees as charges for paid services accrue, it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User/ or on demand. In case the user disputes the same for any reason whatsoever, User shall make the payment towards the 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 favour, the Company shall refund to the User any excess amount paid by the User free of interest.
In case of any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest @18% p.a. compounded annually on the outstanding amount from the date the payment became due until the date of final payment by the User.
The User agrees that the Company is an intermediary providing services as defined hereinabove and the information provided in this Website or services offered, as well as software, and related graphics contained within the Website or any of the Services provided by the Company is distinct from any other brokerage service offered by any other person(s) in respect of any property advertised on the company website. It is expresedly stated that any fee, commission, charges etc. that may be demanded for any dealership or brokerage services shall be payable separately to such persons offering dealership or brokerage services to the Users.
WEBSITE SECURITY
Transactions on the Site are secure and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties.
To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary (including but without limitation to changing his password from time to time and shall not reveal the same to any other person(s).
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 re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or relief or any other consequence(s).
The password and username being made available to the User shall be used only by the organization named by the User 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.
In the event of theft or loss of User identification or/and password, the User shall notify the Company immediately and provide the Company with a written notice to the same 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 User's credit and debit card information is not received, stored by or retained by the Company/Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
SUBMISSION AND ADMINISTRATION OF LISTING
The User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data unless the User submitting such a Listing/Advertisement has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property.
Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other users of the Website. The Company shall have the sole authority to choose the manner in which any property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Website and the Company shall have the right to modify the property listing in the exercise of its rights under these terms and conditions.
Where the User is covered under the Real Estate (Regulation and Development) Act, 2016, it shall be the sole responsibility of the User to ensure adherence of all compliances necessary, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information as required by Legal Metrology Act, 2009 and in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not.
The User may be required to substantiate his claims before the Company with respect to the status of the property, such as title, ownership and possession with such documents as may be specified by it from time to time and also by swearing an affidavit stating the authenticity of the information/data so provided/displayed. User agrees to cooperate with the Company or its agents/representatives if and when the Company deems it fit to physically verify the property or user claims.
The Company may, at its sole discretion but without any obligation to, search for and remove such properties that are alleged to have been submitted in violation of this provision and even, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions without notice.
It is hereby EXPRESSLY stated that the Company is not responsible for carrying out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. Users, who are buying or renting property(ies) through the Website, must verify the details of the property(ies) as well as its right, title, ownership, lien etc. on their own.
USE OF INFORMATION ON THE WEBSITE
User agrees to treat all information obtained from the Website, including listings, member directory, and any information otherwise made available to User as proprietary to the Company. The Company does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence.
PERSONAL INFORMATION
The User hereby agrees and authorizes the collection, transfer, storage and use of any personal information provided by the User on the Website by the Company and to use any such information for providing requisite services to the User such as to login to User account, to resolve specific service issues, to communicate and inform about new services or features in relation to the use of the Website.
Any other information collected, which may include User's viewing or advertising of residential or commercial real estate, rental properties or use of associated services will be used for business purposes; for analytical purposes, improving the Website or user experience and providing targeted advertisements.
The User agrees that the Company can share User Information with any non-affiliated third party without obtaining the prior consent of the User to conduct its business and to share such Information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf in accordance with the terms of this Agreement.
The User agrees that the Company may present User Information to advertisers and third parties to help them understand Company audience and confirm the value of advertising on the Websites. The Company may share User Information regarding User activities on the Website with third party social Websites to populate the social wall that is visible to other people or send emails to User registered email address. However, the user can exercise its option to set privacy settings, regulating the use or sharing of such information with such third party social Websites.
The User agrees that the Company may share User Information to enforce or protect its rights or any or all of its affiliates, associates, employees, directors or officers or when it has reason to believe that disclosing such User Information is necessary to identify, contact or bring legal action against someone who may be causing interference with Company rights over the Website, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
OBLIGATIONS AND REPRESENTATION OF USERS
The User hereby agrees-
To provide accurate, complete and correct information for registration on initial application for the Services and that he is solely responsible for all information retrieved, stored and transmitted by him.
To obtain any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service.
To comply with all notices or instructions given by the Company from time to time pertaining to the use of the Service.
To be responsible for all applicable taxes and for all costs that may be incurred in using the Website service(s).
To 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 be responsible for all the activities that occur in his display name and password.
To immediately notify the Company of any unauthorized use or breach of his password or account and ensure to exit from the account at the end of each session.
To promptly make the payment to the Company towards the Fees as and when it becomes payable.
To give out to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable 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 its listings.
To be solely responsible for any data entered on the Site and is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal).
PROHIBITIONS/ RESTRICTIONS IN USAGE
User hereby expressly agrees not to:
Utilise the Services offered by the Website in any manner so as to impair the interests and functioning of the Website and which is non-compliant with laws and regulations including RERDA.
Access data not intended for User or log into server or account that the User is not authorized to access.
Attempt to probe, scan or test the vulnerability of a system or network or breach the security or authentication measures without proper authorization.
Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse, overloading, Flooding, mail bombing or crashing.
Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the Website except as permitted nor sell or distribute for commercial gain; modify or incorporate the work in any other work or publication, whether in hard copy or electronic format.
Establish any deep link or other connection to any specific page of the Website other than the Home Page without obtaining prior consent of the Company. The User is strictly forbidden from copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
Utilise the services to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail (Spam). The Company is not obligated to but reserves the right to filter and monitor and block the emails sent by User using servers maintained by the Company to relay emails in order to abide by International Best Practices in containing and eliminating Spam.
The User is prohibited from uploading, posting, transmitting, updating or sharing any information that:
belongs to another person and to which the user does not have any right to;
impersonate another person;
infringes any patent, trademark, copyright or other proprietary rights;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or harmful to minors in any way, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
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.
Violates any law for the time being in force which may result in civil or criminal liability.
LINKS TO THIRD PARTY WEBSITE
The Company may provide links to sites operated by other entities on its Website. If the user decides to view this site, they shall do so at their own risk, subject to that site’s terms and conditions of use and privacy policy that may be different from those of this Website.
The Company does not endorse or make any representation regarding any linked Website or the information appearing thereon or any of the products or services described thereon. It is the user’s responsibility to take all protective measures to guard against viruses or other destructive elements which they may encounter on these sites.
Further, user’s interactions with organizations and/or individuals found on or through the service, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the user and such organization and/or individual. The user should make whatever investigation they feel necessary or appropriate before proceeding with any offline or online transaction with any of these third parties.
DISCLAIMER AND WARRANTIES
It is expressly stated herein that the Company is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000 and that the content of the Website is provided "as is" and on an "as available" basis, without warranties or representations of any kind, either express or implied.
The Company does not claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/offensive/ inappropriate. It is the sole responsibility of the User to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the Website. Company does not warrant that the access to Website will be uninterrupted or error-free or that defects in Website will be corrected.
Company does not claim the accuracy and correctness of any information or statements made by persons offering dealership or brokerage services for any fee or commission to any User in respect of any property published/advertised on the website. The Company does not guarantee or warrants for any satisfactory response or action of such persons providing brokerage services to the User. Users are advised to independently check the veracity of the claims made by such persons.
Company does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter. Users dealing in such projects shall be doing so entirely at their risk and responsibility. Users are strongly advised to independently verify the authenticity of any pre-launch offers received by them.
Company offers no guarantee no warrantees for any satisfactory response or any response at all, once the listing/advertisement banner is put on display by the User on the Website. Any payments made for registration are solely for the purposes of display of the property advertised.
INTELLECTUAL PROPERTY RIGHTS
By allowing Users to access to the Website, the Company grants the Users a limited, non-exclusive, non-assignable, revocable license to access and use the Services only in compliance with the terms and conditions of the Agreement.
The User hereby agrees that all logos, brands, Trademarks and Service marks ("Marks") appearing in the Website are the properties either owned or used under license by the Company and/or its associates. The access to Website does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
The User agrees that the Company has the right to all copyright, know-how and any other related intellectual property rights to the Services of the Website including listings, details of Users, and any information otherwise made available to User in the Service, 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 that the User during the term of this 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, at the sole cost and peril of the User.
VARIATION OF TERMS
The right to make amends, vary or change the terms and conditions contained herein and in the Services at any time exclusively rests with the Company. This Agreement will be periodically updated and the Terms of Use will be changed from time to time and the changed or updated Agreement will be posted at the Website. The User should visit the site periodically to review the latest Terms of Use. For avoidance of any doubt, the User's continued use of the Service constitutes an affirmation and acknowledgment of the amended terms and conditions.
SEVERABILITY
In case any clause/part of this Agreement is held invalid or unenforceable, the remaining portion of the Agreement shall nevertheless remain valid and enforceable to the extent it can be given effect to after severing the invalid part.
CONFIDENTIALITY
For the purpose of this clause "Confidential Information" means all financial, commercial, technical, operational, staff, management and other information, data and know-how (including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), related to any Project/property or pertaining to the Company, its subsidiaries or affiliates which may be supplied to or may otherwise come into the possession of the receiving party, i.e., User, whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Company or by any of its Associates to be confidential, and not generally available to the public.
The User agrees to take all possible precautions with regard to protecting confidential information from any third party 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 and ensure that all its Associates to whom such disclosure is made abide by the confidentiality obligations in accordance with the terms of this Agreement.
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 release any such data and information to any third party only as per the terms of this Agreement.
The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
LIMITATION OF LIABILITY
User understands that the Company is an intermediary and does not guarantee the accuracy or legitimacy of any listing, posting of information and that any claims made on the Website should be independently verified by the User. Hence, the User agrees that the Company, its directors, employees and/or its subsidiaries or affiliates shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, goodwill or other intangible losses, which may arise from the use of any information from this Website or services offered, as well as software, and related graphics contained within the Website or any of the Services offered including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise.
User further understands that the Company, being an intermediary is not liable for any action, omission, negligence, representation/misrepresentation by persons who may provide dealership or brokerage services, to the User in respect of property published/advertised on the company’s website, which the User may wish to sell, purchase, rent, lease or may be interested in any manner whatsoever. The liability for any action, omission, negligence, representation/misrepresentation shall lie solely with the persons who may provide dealership or brokerage services to the Users.
User agrees and hereby undertakes that in case of any unforeseen event which renders the Company incapable to perform its obligations under this Agreement, 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.
Users, who use the services of the Website and avail Paying Guest/or Rental accommodation facilities, shall be responsible for due care of all their personal valuables and belongings while they are availing the accommodation services offered by the Host who is also a User of the services.
Notwithstanding anything to the contrary contained herein or elsewhere the Company’s entire liability to the User for any claim arising out of purchasing or browsing the Website shall be limited to the amount equivalent or less to the price paid, if any for the services giving rise to such claim.
TERMINATION
User agrees that the Company reserves the right to immediately terminate without notice, and/or suspend User’s membership of the Website and refuse access to the Website in the event the listing or posting of any information by the User violates, or acts inconsistently with the letter and spirit any provision of this Agreement or any applicable law for the time being in force.
DISCONTINUATION OR MODIFICATION OF SERVICES
The Company reserves the unilateral right to add/change/delete or end its services at any time with or without notice to the User. 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.
INDEMNIFICATION
The User agrees to defend, indemnify and hold the Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including litigation costs, made by any third party due to or arising out of content submitted on the Website by the User, user’s use of the service, breach by the user of any of the representations and warranties herein, violation of the terms of this Agreement or user’s violation of any rights of another.
Company shall not be party to any legal proceedings between parties contracted through these Services. In case the Company is sought to be implicated in any legal proceedings, Company reserves the right to recover costs incurred from the party that names the Company as a party to such proceedings. Company shall abide with any court order served on it through due process.
DISPUTE RESOLUTION
In the event of any dispute, difference or any question arising out of/in relation to anything to be done under this Agreement, the same shall be referred to arbitration before a sole arbitrator appointed by the Company.
The Arbitration proceedings shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and rules framed there under as amended up to date. The award of the arbitrator shall be final and binding on both parties. The venue of arbitration shall be Alwar (Rajasthan) and the proceedings shall be conducted in English/Hindi.
GOVERNING LAW & JURISDICTION
This Agreement shall be governed by laws prevailing in the territory of India. The Courts and Tribunals of Alwar (Rajasthan) shall have the exclusive jurisdiction in all matters pertaining to this Agreement, irrespective of the territory or jurisdiction of the User’s access to the Website.
WAIVER
The failure of the Company to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
MISCELLANEOUS
Company does not routinely monitor User postings to the Website but reserves the right to do so. However, in case of any inappropriate use of the Website or any of its Services, the Company reserves the right to respond in any way that, in its sole discretion, appropriate which includes the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information received of such alleged illegal conduct on the Internet.
There may be on occasion, information on the Website or in any Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, offers, and availability. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Website is inaccurate at any time without prior notice. However, the Company undertakes no obligation to update, amend or clarify information in the Service or Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on the Website should be taken to indicate that all information in the Service or on Site has been modified or updated.
