TERMS OF USE / USER AGREEMENT
This TERMS OF USE is an agreement between you ("you" or "your" or “user” or “User”) and the MD IT INFO PRIVATE LIMITED, a private limited company having BLOCK NO.G/7, BHIWAPURKAR COMPLEX, DHANTOLI NAGPUR, Maharashtra, India, 440012 ("the Company") that governs your use of the search and advertisement services offered by the Company through its website ____________________ ("Website"), mobile application telephone search, short message service (SMS), Wireless Application Protocol (WAP), mobile application or any other medium using which the Company may provide the search services (collectively "Platforms") which are solely owned, operated and managed by the Company. When you access or use any of the Platforms you agree to be bound by these TERMS OF USE ("Terms") and the Privacy Policy available on the Platforms.
(A) The Company through its Platforms is engaged in the business of providing digital real estate advertising / marketing, information services related to various services advertised by the users as service providers and provides information related to public notices related to the auctions in real estate sector through its Platforms in the nature of internet based ‘search engine’ which falls within the definition of intermediary under Section 2(1)(w) of the Information Technology Act, 2000. The laws governing the intermediary or more specifically a ‘search engine’ are contained in the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 read with the Information Technology Act, 2000 as amended from time to time. That the user shall at all times be bound by the laws governing the intermediary and other applicable laws.
(B) This document is an electronic record in terms of the amended Information Technology Act, 2000 and rules and regulation made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(C) These TERMS OF USE is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing of the rules and regulations, privacy policy and user agreement for access-or usage of the intermediary's computer resource by any person. This document meets the stipulations and conditions mentioned in Section 65B (2) of the Indian Evidence Act, 1872 and shall be admissible in any proceedings, without further proof or production of the original, as evidence or any contents of the original or of any fact stated therein of which direct evidence would be admissible.
(D) The Company declares that pursuant to Section 79 of the Information Technology Act, 2000, the services being offered by the Company through the Platforms is limited to providing access to a communication system over which information made available by third parties is transmitted or temporarily stored or hosted. It is further declared that the Company through its Platforms do not (i) initiate the transmission, (ii) select the receiver of the transmission, and (iii) select or modify the information contained in the transmission therefore the Company shall not be liable for any third-party information, data, or communication link made available or hosted by it. It is further clarified that the Company is not engaged in any business activity which qualifies as and “e-commerce entity” as defined under the Consumer Protection (E-Commerce) Rules, 2020.
(E) The Company hereby clarifies and you agree that the user shall not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the user does not have any right;
(ii) is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
(vi) impersonates another person;
(vii) 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 other nation;
(viii) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) violates any law for the time being in force;”
(F) Any contravention on your part to this USER AGREEMENT or the TERMS shall be at your sole responsibility and the Company shall not be liable or responsible for any act of omission or non-compliance of this USER AGREEMENT or the TERMS or the applicable laws prevalent at the time of commission of such contravention. The Company reserves the right to immediately terminate your access or usage rights to the Platforms and remove any information which in the sole opinion of the Company is non-compliant with this USER AGREEMENT or the TERMS or the applicable laws.
(G) The Company reserves the right to provide information or any such assistance to Government Agencies who are lawfully authorised for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution, cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing staling clearly the purpose of seeking such information or any such assistance.
(H) In the event of complaints in respect of access or usage of Platforms or other matters pertaining to the Platforms you may contact ___________________ at _________________ who has been designated as the Grievance Officer in accordance with the applicable laws.
(I) We reserve the right to periodically amend this USER AGREEMENT or the TERMS without notice, and you shall be responsible for checking these Terms periodically for revisions. All amended Terms shall become effective upon the Company posting to the Platforms, and any use of the Platforms after such revisions have been posted signifies your consent to the amendments.
(J) You are responsible for regularly reviewing our Platform for any amendments to these Terms.
(K) SERVICES OFFERED BY THE COMPANY (“Services”)
(1) The Company provides digital real estate advertising / marketing, information services related to various services advertised by the users as service providers and provides information related to public notices related to the real estate. To provide our Services, we use the information we collect to:
(2) Services Description: The Company through its Platforms attempt to be as accurate as possible. However, the Company does not warrant that descriptions of or content of the Platforms is accurate, complete, reliable, current, or error-free. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. The Company through its Platforms provide links to other sites over which the Company has no control. The Company is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
(3) The Company through its Platforms does not facilitate or participate in any manner in the process of selling, buying, renting etc. of properties, and it is not responsible for any dealing, negotiations, transactions, etc. whatsoever between the parties connected through our Services, including and not limited to any quality assurance, guarantee, claim etc. given by one party to another in any transaction. The 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, costs will be recovered from the party that names the Company as a party to such proceedings.
(4) The User should personally conduct checks and establish authenticity of any property, or project, its title, built up area, suitability for buying / renting in a form and manner deemed appropriate at his or her cost.
(5) The Platforms are solely meant for advertising and does not and cannot validate the authenticity of content in its Services. A lot of content is uploaded by the advertisers and we do not filter or verify the same. If a complaint is made, we will take remedial measures.
(6) Certain points to bear in mind:
a. Conduct a comprehensive check of ownership to verify owners' / landlords’ credentials.
b. Visit the project site/property personally, to ensure that the seller’s / landlords’ claim is genuine and that the property is not an 'imaginary' one.
c. Beware of false title documents. Loans may have been secured against properties that may be disputed or have remained vacant for long.
d. We strongly recommend that proper due diligence on the property is conducted prior to entering into a transaction related to a real estate.
e. It should be independently ensured by the User whether the other User is complying with the provisions of Real Estate (Regulation and Development) Act 2016 and its applicability to the relevant property or project or other User.
(7) The Company through its Platforms is an advertising and marketing platform to other Users and is in no way engaged in facilitating, negotiating or assisting in the sales between the two Users. While displaying this information on our Platforms, the Company is relying on the information as provided by the Users advertising such information. Before making any decision please ensure to validate all the information and go through the terms and conditions as included in the documents.
(8) While reasonable efforts are being made to ensure the meaningful information being displayed, there is a possibility that the information displayed may not be current and complete
(9) Users should verify the completeness and accuracy of all information on the Platforms from the Real Estate Regulatory Authority (RERA) website, as may be applicable, of respective States where the project is registered. The Company does not, by any means verify, validate, endorse or promote the compliance of Real Estate (Regulation and Development) Act, 2016 and rules framed thereunder.
(10) The Company through its Platforms help the users of the Platforms to search for the users listed on the Platforms service providers without paying any brokerage or commission.
(11) There is also a lot of information displayed on the platform which is neither an advertisement / listing and is collated by our research team from the publicly available information and is meant to be a tool for the Users’ own research and awareness about real estate market. While reasonable efforts are being made to ensure the completeness of such information being displayed here and the same being updated on regular intervals by our research team, there is a possibility that the information displayed is not current and complete. This information shall in no way be considered as an advertisement or offer to sale from the Company. The Company shall neither be responsible nor liable for any inaccuracy in the information provided here and therefore the Users are requested to independently validate the information from the respective developers before making their decision for purchase of properties. The Company, its directors, employees, agents and other representatives shall not be liable for any action taken, cost / expenses / losses incurred, by you, based on the information given on the portal.
(12) To use and receive the Service (including access to the Platforms), you must first accept and comply with the Terms and the terms of our Privacy Policy.
(13) The Company uses a diverse range of information, description of properties contact information, location, text, photographs, designs, graphics, images, sound and video recordings, animation, content in the nature of advertisement ("Materials" or “Material”) collected by us from our users and disseminate such information to our other users who are in need to avail services offered by our users who are the advertiser Users. We provide the Materials through the Platforms FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY.
(14) The Platforms contain Materials which are user generated Materials from time to time which the Company does not pre-screen. The User undertakes that it shall ensure that Materials uploaded by such user on the Platforms is accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service.
(15) These Materials do not represent the Company’s views, opinions, beliefs, morals or values and the Company shall not be liable in any case whatsoever for any loss caused to any user on account of Materials being not correct. The Company does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any Materials which are user generated content that the users submit or publish on the Platforms. After posting any Materials on the Platforms, the users continue to own the rights that the users may have in that Material, subject to the limited license set out here. The Company does not promise that the content in or on the Platforms is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties.
(16) The Users hereby expressly acknowledge and agree that the Company will not be liable for the user’s losses or damages (whether direct or indirect) caused by any activity undertaken by the user on the basis of any Material.
(17) The Company only allows its users to upload the Materials regarding their business activities or access the Materials of the other users for free or for subscription fees for various subscription plans listed on the Company Platforms which in turn could be used by our other users. The Company has no role whatsoever in the commercial transactions between its users inter se for any kind of services whatsoever. To purchase and/or renew your subscription plan, you can choose a payment method, as available on the “Payment” section of the Platforms. Your access to Platforms shall be subject to receipt of successful payments by the Company. The subscription fee shall be inclusive of all applicable taxes. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees, relating to the processing of your payment method. The Company shall require additional information and/ or documents from you in accordance to the applicable local laws in your or as per the internal requirements of the Company.
(18) SUBSCRIPTION PLANS
(a) The Company offers Services which the user may subscribe to use the Platform, subject to the need of the user, upon payment of applicable fees.
(b) The subscription fee paid by the user is non-refundable.
(c) The subscription fees for the subscription plans specified on the Platforms shall be subject to relevant taxes in accordance with the applicable laws.
(d) The subscription plan shall begin on the date of purchase of the membership plan and will be valid till such time till the subscription plan expires.
(e) The subscription plan shall be non-transferable once purchased. For the avoidance of all doubts, the membership shall be automatically renewed upon expiry as per your already purchased subscription plan and you authorize us to debit your payment method linked to Platforms. In the event you do not wish to renew the subscription, you can cancel the subscription at any time prior to the expiry of your subscription plan.
(f) The Company reserves the right to revise the fee of any subscription plan without notice to the user at any time prior to, at the time of, during the tenor or post subscription of the plan by the user. The Company shall intimate the user of such revised fees and the user undertakes to pay to the Company the difference in the amount after such revision.
(19) The user agrees and acknowledges that the Company is authorized by the user to hold, receive and disburse funds in accordance with the user’s payment instructions provided through the Platforms for the purposes of making payments towards the subscription plans on the Platforms as specified by the user on the Platforms. The authorization given by the users permits the Company (a) to debit or credit the user’s balance, bank account, any credit card, debit card, or other payment cards or any other payment method that the Company accepts or (b) to process payment transactions that the users authorize by generating an electronic funds transfer.
(20) Every attempt has been made to ascertain the authenticity of the Platforms content, the Company is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content on the Platforms including but not limited to decisions based on the content in the Platforms which results in any loss of data, revenue, profits, property, infection by viruses etc.
(21) Accordingly, you may view, use and distribute the Materials found on the Platforms for internal purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Company. You may not use the Platforms or any of them to compile a collection of listings, including a competing listing product or service. You shall not use the Platforms or any Materials for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Materials or the products, services, processes or technology described therein. All such rights are retained by the Company and its associated entities, and/or any third-party owner of such rights.
(22) Users who supply us with their telephone numbers online may receive telephone calls or text messages from us with information regarding new products or services or upcoming events. You hereby give specific consent to receive the telephone calls or text messages related to our Services and waive the DND registry in case you have subscribed to the same. If you do not wish to receive such telephone calls or text messages, please let us know by emailing us at _______________________.
(L) Platform Access and Confidentiality
Only one username and password should be created per user. Username is the email id /contact number provided by the user. We reserve the right to verify this information before enabling an account. The account can be rejected or disenabled if it is found to be a broker account or for any other reason that the Company finds suitable and which it is not liable to state or justify. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any activities that occur under your password or account, with or without your knowledge. If you knowingly give your login and password information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your password or account or any other breach of security. We cannot be liable for any loss or damage arising from your failure to comply with this paragraph. You shall not send us any confidential or proprietary information. Except for any personally identifiable information that the Company agrees to keep confidential as provided in the Company’s Privacy Policy (as detailed below), any material, including, but not limited to any feedback, data, answers, questions, comments, suggestions, ideas or the like, which you send to us will be treated as being non-confidential and non-proprietary. We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
(M) Registration Information When you submit your data to register, we will require you to provide the following details
(1) name,
(2) e-mail address,
(3) contact number and a password of your choice,
(4) details of the User in the nature of: [Insert the details which the User can list on the App]
a. ________________;
b. ________________;
c. ________________;
d. ________________.
As mentioned above, your e-mail address/contact number will be used as your username for login purposes. Any registration information you provide must be true, accurate, current and complete. We would be displaying this information on the website for other users to access.
(N) Profile Information
Your profile on Platforms may not include any of the following content: telephone numbers (except where asked), any photographs containing nudity, profanity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, it is possible that information provided by other the Company users (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services in violation of these Terms. The Company does not assume any responsibility or liability for this material. We encourage you, however, to help us keep the Platforms clean by contacting us if you notice any misuse of the Service.
(O) USER INFORMATION
The Platforms contain local information using 3rd party like Google Maps etc for the providing geographical location of the Users on its Platforms. The Company cannot and does not guarantee the accuracy, integrity or quality of any content provided by third party. In addition, your interactions with businesses found on or through the Service, including payment and delivery services or goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and other Users. In no event shall the Company be liable for any damages arising out of any interaction between you and such parties. The information provided on the Platforms is provided to you on an "AS IS, WHERE IS" basis.
(P) E-mail Updates
As part of the Service, we may need to communicate with you via e-mail (see our Privacy Policy to learn more about communications). You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Service, including one or more welcome e-mails which help inform new users about various features of the Service. The Company may also send users occasional e-mail bulletins unless such users have opted not to receive these e-mails. These e-mails may also contain information, tips and suggestions or any other offer provided by third party. The Company does not take any responsibility of the validity of any of these offers.
(Q) Your Information, Privacy Policy
(1) Privacy Policy
Our use of your information is subject to the terms of our Privacy Policy. You must agree to the Privacy Policy before you may access the Platforms.
(2) Your Registration Information:
To provide you with access to the Platforms, we will require you to provide the name and contact information described above, and may also request that you update or verify this information from time to time. By using the Platforms, you agree to provide accurate information, and to cooperate with any the Company personnel.
(3) Other Information You Provide:
(a) What You May Provide:
As described above, the Platforms contains information regarding your services if you are a service providers and information about your requirement, if you are a service seeker. You would also need to provide your accurate contact information. Since this site does not allow brokers or agents to post or seek on the site, we may need relevant information to verify that.
(b) Grant of Rights to the Company
We take the privacy of our users very seriously. However, the Company will have a right to use the information to provide personalized advertisements and offers and to include that information in compilations developed by the Company.
(c) Read Phone State
You allow the Company to notify you via calls about the other Users. If you have put your advertisement or requirement you will get alerts about interested Users.
(d) Read SMS
This will be used to verify your phone number and to make Users contact seamless.
(e) Detect Location
Allows you to look for Users based on your current location.
(f) Respect For Third Party Rights:
You shall not use the Platforms to transmit or reproduce someone else's intellectual property.
(R) Prohibited Conduct:
You represent and warrant that you shall not do any of the following via the Platforms or otherwise in connection with the Service:
(1) attempt or help anyone else attempt to gain unauthorized access to the Company Service or its related systems or networks (including without limitation the impersonation of another user or other use of a false identity or address to gain access to the Platforms);
(2) use the Platforms to violate the intellectual property rights of any person (including without limitation posting pirated music or computer programs or links to such material on Platforms or in your Profile);
(3) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
(4) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;
(5) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(6) interfere with or disrupt the integrity or performance of the Service or the data contained therein;
(7) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service (the "Content") in any way;
(8) modify or make derivative works based upon the Service or the Content;
(9) create Internet "links" to the Platforms or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or
(10) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
(S) Rights of the Company The Company shall have the right to immediately suspend or terminate your access to the Platform or the Service for any actual or suspected violation of these Term. The Company shall also have the right to itself use or release to third parties (including law enforcement and your building's management) personally identifiable information regarding any person or entity who is suspected of having used Platforms or any other component of the Service for any fraudulent purposes, for harassment, or for having otherwise violated any law, rule or regulation or the rights of third parties or having engaged in any conduct which the Company deems improper. By using the Service, you are agreeing to our use or release of any information you provide in any manner we deem appropriate or necessary if you are suspected of having engaged in any conduct which we deem improper. The Company shall also have the right to terminate, disable or reject creation of your account if it finds that you are a broker or acting on behalf of a broker or an agent for any other reason it may find appropriate and is not liable to justify or clarify the reason.
(T) How You Can Help
You may notify the Company immediately of any unauthorized use of your password or account, or if you suspect that there has been any other misconduct described above, by e-mailing us at ____________________.
(U) Termination of Access
Your access to the Service and Platform will terminate, if you violate any of the Terms specified herein or if you are a broker / agent or act on behalf of a broker / agent or for any other reason the Company may find appropriate and it is not liable to justify or clarify the reason. If so, you will no longer be eligible to use the Platforms as described in this USER AGREEMENT or the Terms.
(V) General
(1) The Company Property As between the parties, the Company shall own and retain all right, title and interest in and to the Service, the Platforms, and any technology or content contained in or made available through the Service (other than your own name and contact information), and shall also own any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the Company Service. The Company name and logo are properties of the Company, and no right or license is granted to use them. Other trademarks and trade names that may appear on the Platforms are the property of their respective owners.
(2) Content on the Platforms While all effort is made to ensure reliable information is posted on the Platforms, the information contained on the Platforms may not be accurate and beyond our control. We do not warrant the accuracy or suitability of such information. Changes may be periodically added to the contents herein. By using our Services, you acknowledge that information on the Platforms is provided to you on an "AS IS, WHERE IS" basis. Similarly, while we endeavour to ensure that all information is posted by owners of services listed, we cannot guarantee the same. We are not a service provider; dealer or broker and the content on the Platforms should not be interpreted as a recommendation for any specific product or service, use or course of action.
(3) Your Data You shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of any information you submit via the Platforms, and the Company shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such information. The Company reserves the right to withhold access to, remove and/or discard your information from the Platforms or terminate your account / Profile without notice for any breach of these Terms or User Agreement or if you are a broker or an agent or acting on behalf of a broker or an agent or any other reason that the Company may find appropriate. In the event that your account / profile it terminated, your ability to access or use data through the Service shall immediately cease, and the Company shall have no obligation to maintain or forward any data that you have submitted.
(4) Contacting Users The Company may contact users via telephone, SMS or other electronic messaging or by email with information about your experience or any feedback thereon. Any calls that may be made by the Company, by itself or through a third party, to the users pertaining to the experience of a user may be recorded for internal training and quality purposes by the Company or any third party appointed by the Company.
(5) Third Party Offers As part of the Service, the Company may provide you with information regarding services offered by various third parties (including without limitation financial institutions, paid advertisers or sponsors of the Company Service, other users and leave and license registration agents) on its Platforms. In no event shall the Company be liable for any damages arising out of any interaction between you and such parties. As a result of your visit to the Platforms, ad server companies may collect information such as your domain type, your IP address and clickstream information.
(6) DISCLAIMERS RELATED TO COMPLETENESS AND AUTHENTICITY OF THE CONTENT / LISTINGS
The Company does not take responsibility or liability for the actions, products, content and services on the Platforms, if any, which are linked to Affiliates and / or third-party websites using APIs or otherwise. The Company will not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Platforms, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. You agree to defend, indemnify, and hold harmless, the Company and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any material or your breach of these terms and conditions or any applicable law.
(7) Limitation of Liability
In no event shall the Company be liable to any person for any incidental, consequential, special, indirect or punitive damages (including without limitation lost profits) relating to the Service or otherwise relating to these Terms or the USER AGREEMENT (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether the Company has been advised of the possibility of any such loss or damage. The limitations contained in this section shall survive any failure of an exclusive or limited remedy. The maximum remedy available to a user shall in no event exceed the amount of the subscription plan paid by such user (pro-rated for completed usage). The Company does not take any responsibility for any damage happening due to any interaction between its users happening directly or indirectly through the Company.
(8) Indemnification
You hereby agree to indemnify, defend and hold the Company, and our officers, directors, employees and agents (collectively, the "Indemnitee") harmless from and against any and all losses, costs, expenses (including reasonable outside attorneys' fees), claims, suits and liabilities by third parties (collectively, "Claims") that the Indemnitee may suffer or incur, that arise, result from, or relate in any way to (i) your infringement of any intellectual property or other rights of a third party; (ii) your violation of any laws or regulation of any governmental, regulatory or judicial authority arising from your use of the Service through Platforms; (iii) your violation of these Terms of Service or USER AGREEMENT, or (iv) your actual or alleged gross negligence or wilful misconduct in connection with your use of the Service.
(9) Governing Law & Jurisdiction
These Terms or the USER AGREEMENT shall be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive territorial jurisdiction of the courts / tribunals / forums located in the city of Nagpur, Maharashtra only.
(10) Waiver and Severability
No failure or delay on the part of either party in exercising any right or remedy hereunder will operate as a waiver thereof or any other provision. In the event that any provision of these Terms or the USER AGREEMENT is determined by a court of competent jurisdiction to be unenforceable or invalid, such unenforceability or invalidity will not render these Terms or the USER AGREEMENT unenforceable or invalid as a whole, and the unenforceable provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision.
(11) Changes to the Service
The Company reserves the right to redesign or modify the organization, structure, features, pricing, or "look and feel" of the Service and any portion thereof at any time without prior notice or liability hereunder.
(12) Modification to Terms
The Company reserves the right to modify the provisions of these Terms or the USER AGREEMENT at any time by posting an updated version of this document on the Platforms, provided, however, that no such modification shall have retroactive effect. Except as provided in this paragraph or otherwise provided in the Terms of Use, no modification of or amendment to the Terms of Use, and no waiver of any rights thereunder, will be effective unless in writing signed by the party to be charged.
(13) Transfer Prohibited
Your account or profile on the Platforms is personal to you, and you may not assign or transfer your account or profile or any of your rights under these Terms or the USER AGREEMENT to any third party without our prior written consent, which may withhold for any reason or for no reason. Any attempted assignment or transfer in violation of the foregoing shall be deemed a material breach of the Terms or the USER AGREEMENT.
(14) How To Contact Us
If you have any questions about the TERMS or this USER AGREEMENT, the practices of the Company, or your experience with the Service, you can e-mail us at ____________________.
(15) Refund Policy
None of the Company’s subscription plan is refundable or cancellable until or unless specified specifically on the plan itself.
(16) Intellectual Property Rights Policy
The Company in respects the intellectual property of others, and we ask our users to do the same. The Company logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from the Company. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials on any of the Platforms must bear any copyright, trademark or other proprietary notice located on the respective Platforms that pertains to the material being copied. You are not authorized to use any the Company’s name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of the Company. Requests for authorization should be made to ________________..
(W) Disclaimers
(1) The Company is not responsible for any incorrect or inaccurate Content/listing posted on the Platforms or in connection with the Company Service, whether caused by Users or by any of the equipment or programming associated with or utilized in the Service, nor for the conduct of any user and/or member of the Company service whether online or offline.
(2) The Company services all users on best effort basis. We do not guarantee any return in part or full unless specifically mentioned on the Platforms. The Company liability (if any) would be limited to the amount paid by the users as subscription fees.
(3) The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User and/or Member communications or any communications by the Company to its users.
(4) The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users and/or Members or to any other person's computer related to or resulting and/or in connection with the Company Service.
(5) Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's use of the Platforms or the Service and/or any Content posted on the Company Platforms or transmitted to the Company customers.
(6) The exchange of property and any other information through or by Platforms is not any sort of offer and/or recommendation from/by the Company. The Company shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, any relations (including but not limited to property) established pursuant to the use of the Company.
(7) The Platforms and the Service are provided "AS-IS" and the Company expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific results from use of the Platforms and/or the Company Service. The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/listing posted on the Platforms / made available to the Company by any user or the users of the Platforms or any third party. The Company does not assume any responsibility or liability for any illegal Content posted on the Platforms by any customers, users or any third party.
(8) All liability, whether civil or criminal arising out of any content that is posted on the Platforms will be of that customer / user / third party who has posted such content and the Company reserves its right to claim damages from such customer/ user / third party that it may suffer as a result of such Content posted on the Platforms. The Company does not claim ownership of Content you submit or make available for inclusion on the Service.
(9) The Company shall take all reasonable measures to ensure accessibility of its services to users along with reasonable expectation of due diligence, privacy and transparency. (10) The Company respects all the rights accorded to the citizens under the Constitution, including in the articles 14, 19 and 21.