Terms & Conditions
Welcome to myrealestate.in
This website, is owned, hosted and operated by Sumangalampropmart Pvt Ltd (hereinafter referred to as the â€œCompany
â€), a company incorporated under the laws of India and having its registered office at Noida, Sector 18. These are the terms and conditions governing the access, browsing and/or use of the Site (herein after referred to as â€œTerms
â€, which term includes the terms and conditions mentioned herein, as may be modified from time to time) by any User. The term â€˜User
â€™ refers to any person or entity (and where such person is acting on behalf of any other person or entity, it shall also include such other person or entity) who accesses, browses, uses or logs into MyRealEstate.in. The Terms along with the Userâ€™s application and attachment(s), if any, constitute the entire agreement (the â€œAgreement
MyRealEstate.in and/or any other website(s) linked to this website is an online information and communications service provided to the User, subject to the Userâ€™s compliance with the Terms. The Company may amend/modify these Terms at any time without any notice to anyone and such modifications shall be effective immediately upon posting of the modified Terms on MyRealEstate.in. You may review the modified Terms periodically to be aware of such modifications and your continued access or use of MyRealEstate.in, shall be deemed conclusive proof of your acceptance of these Terms, as amended/modified from time to time. The Company may, in its sole discretion, also suspend the operation of MyRealEstate.in for support or technical up gradation, maintenance work, in order to update the content or for any other reason and may also decide to close down the Site. The Company is entitled to assign this Agreement and all rights and obligations hereunder to a successor in interest or to a group entity. These Terms shall be binding upon and shall inure to the benefit of the parties hereto and to their respective representatives, heirs, successors in interest, administrators and permitted assignees.
If you utilize MyRealEstate.in in a manner inconsistent with these Terms, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
Access and use ofÂ MyRealEstate.in, either by registration or by any other means, is available only to persons, who are amenable to the laws of India, who are 18 years of age and above and persons who can enter into a legally binding contract, and or are not barred in this regard by any law for the time being in force. If you access, use or log into MyRealEstate.in, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the Site on behalf of the said legal entity is a joint and several responsibility of you and of the legal entity on whose behalf you are acting and that you and the said legal entity on whose behalf you are acting agree to be accountable for the same to the Company as well as the other Users of the Site. If you are not an eligible person, as per the requirements mentioned above, you shall neither have any standing nor any claim against the Company, the Site and/or other Users of the Site.
For the purposes of this Agreement, the terms â€œService
â€ or â€œServices
â€ would mean any and all services being provided by the Company through the Site and shall include the interactive online information service offered by MyRealEstate.in on the internet through which the User may access information carried by MyRealEstate.in in the database maintained by it. The terms â€œServiceâ€ or â€œServicesâ€ would include 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. Users then select one or more of the items presented to view the full document/ record. The terms â€œServiceâ€ or â€œServicesâ€ do not extend to MyRealEstate.in and/or the Company acting as an agent either express or implied on behalf of any User or customer or client of MyRealEstate.in and/or of the Company.
2. Certain obligations of the User
- The accuracy of the User Registration Data (being the database of all the particulars and information supplied by the User on initial application and/or registration and/or subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address) given to the Company on initial application/ registration/ subscription for the Service shall be the sole responsibility of the User.
- Â 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.
- Â The User shall ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the 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/ account.
- 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 any fee or other amounts as and when it becomes payable.
- The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Service.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- The Company and/or the SiteÂ in its sole discretion shall reserve the right to edit, modify and alter any content provided, submitted by any User or other person. User agrees that any content provided by the User for display/ advertisement/ uploading on the SiteÂ shall be reflected only after the Company has been able to process such content and on its part the Company shall endeavor to process such content in a reasonably expeditious manner.
- The User warrants and covenants that all data/ content entered into the Site by the User is true and correct and belongs exclusively to him and not to any other third party. User agrees to indemnify and keep the Company MyRealEstate.in indemnified against demand or claims raised or loss or cost suffered on account of any wrong/false data/ content entered into the Site by or on behalf of the User.
- The User will indemnifyÂ the Company and its shareholders, directors, employees and affiliatesÂ 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.
- The Company and/or MyRealEstate.in do not accept any responsibility towards the User Registration Data /content entered in our website. The User who has entered the data/ content is fully responsible for any wrong data/content entered and be liable for any and all action taken by third party (whether civil/criminal). The Company/ MyRealEstate.in however shall endeavor to use the best industry practice of weeding out all prima facie wrong or false data or content entered and undertakes to withdraw all such data as expeditiously as possible after the receipt of any genuine complaint in this regard. All complaint should be addresses by email at email@example.com
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Services.
- The User undertakes not to resell or assign his/her rights or obligations under these Terms. 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 thereto.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User onÂ MyRealEstate.inÂ except such data and information which are posted by the particular User himself.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The User agrees and undertakes that the data/content/information provided/submitted by the User shall not consist of material that is an expression of bigotry, racism or hatred based on age, gender, race, religion, caste, class, lifestyle preference, and nationality and / or is in the nature of being derogatory, slanderous to any third party and further that it shall not be obscene, contain pornography or contain â€œindecent representation of womenâ€ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- The User agrees and undertakes that any data, content or information provided/ submitted by the User shall not infringe any intellectual property, trade secret, or other proprietary right or rights of publicity or privacy of any third party.
- The User shall not distribute or submit any data/ content/ information containing spam, multiple/chain letters, or pyramid schemes in any of its forms and further the User shall not distribute viruses or any other technologies that may harm MyRealEstate.in or the interests or property of MyRealEstate.inâ€™s Users or impose an unreasonable load on the infrastructure or interfere with the proper working of MyRealEstate.in.
- The User shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any goods and services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. The Company reserves the right to take down any posting, listing or information and or limit or terminate the Services and further take all reasonable technical and legal steps to prevent the misuse of the Site in keeping with the letter and spirit of these Terms.
- The User could be prohibited from accessing or using the Site, if they act in a manner which is either inconsistent with the Terms or otherwise causes obstruction or unreasonable inconvenience or annoyance to any other User or third party who accesses the Site.
- In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to the Site,Â the Service and/or any other related facility in case of violation of any of the Terms. 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 User shall avail the Service onÂ MyRealEstate.inÂ 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.
- The User further agrees and undertakes that the User shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that â€“Â
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
- Userâ€™s obligation in relation to information obtained from or submitted to the Site
The User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to the User in the Service (the "Content") as proprietary to MyRealEstate.in /Company. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of MyRealEstate.in /Company. MyRealEstate.in /Company do not ensure the accuracy of, endorse or recommend any Content and the User uses such Content at the Userâ€™s own risk. The User may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to the User in the Service, for or in connection with any other listing service or device. The User further shall not use the Service provided by the Company in any other manner for or in connection with any other listing service or device. User violating these Terms, specifically those searching the Service in an abusive or excessive manner, by automated or manual means shall be subject to immediate termination of their membership/registration without notice.
Further, all logos, brands, trademarks and service marks appearing in MyRealEstate.in are the properties either owned or used under license by the Company and / or its associates. All rights accruing from the same, statutory or otherwise wholly vest with the Company / its associates. The access to this Site does not confer upon you any license or right to use in respect of any of these and therefore their use in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
When the User provides/submits any information or data to the Site, the User shall be deemed to be granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, publish, translate, distribute, perform and display such content (in whole or part) worldwide through the Site as well as on any of our affiliates or partners websites, publications and mobile platform. The Company/Site reserves the right to remove any such information or data, where it has grounds for suspecting the violation of these Terms.
The User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to MyRealEstate.in unless the User 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(ies) on the Userâ€™s website or on MyRealEstate.in. The User shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. Any information provided by the User in relation to the property shall be accurate and true and not misguiding. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession and the Company may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. The Company may at its sole discretion, but without being obligated to doing so, undertake search or due diligence in relation to such property(ies) and may remove properties that are alleged to have been submitted in violation of this provision. The Company may, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or intentionally violates this Agreement. Additionally, the User agrees to allow the property listing and all parts of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by other Users of the User's website or MyRealEstate.in. 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 MyRealEstate.in and the Company shall have the right to modify the property listing in the exercise of its rights under this Agreement.
The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties posted on MyRealEstate.in without notice. The Company accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by a User. While the Company shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to MyRealEstate.in.
Users, who are buying/renting property/properties through MyRealEstate.in, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Link to third party websites
MyRealEstate.in may provide links to other third-party World Wide Web sites or resources. The Company makes no representations whatsoever about any other Web site that the User may access through MyRealEstate.in.
5. Payment terms and refund of payment
The applicable rate of any fee or other amount for the Service or any part of it or for any other purpose shall be such as may be prescribed by the Company from time to time and notified to the User through the Site or other means of communication. Liability of the User for payment of such fee or amount shall, unless otherwise specified, accrue from the date of completion of the registration of a User. Where any such fee or other amount accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User. Such fee or amount shall be paid by the User on demand and in the event of any delay in the payment of any sums due, the Company shall have the right to charge interest on prevalent market rate for the period of the delay.
Where any payment is made online, it is to be noted that the Company does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. The Company uses the maximum care as is reasonably possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Further, while the Companyâ€™s payment reconciliation team works continuously, the Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Userâ€™s card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the Site would be at the discretion of MyRealEstate.in /Company.
6. No Warranties
Any information or content of MyRealEstate.in is provided on an â€œas isâ€ and on an â€œas availableâ€ basis, without warranties or representations of any kind, either express or implied.
The Company and any third party providing materials, Services or Content to MyRealEstate.in, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or third party rights, completeness or accuracy of information, update or correctness of information, freedom from computer viruses, other violations of rights regarding Services, products, material and Contents of MyRealEstate.in.
It is solely the Userâ€™s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, merchandise and other information provided through the Site. The Company does not warrant that the access to the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
Users are strongly advised to independently verify the authenticity of any pre-launch offers received by them. The Company does not, unless otherwise expressly mentioned, endorse investment in any projects and particularly projects which have not received official sanction and have been launched by a builder/promoter. Users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in the Company or any of its affiliates. Further, nothing contained in this Site should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and the Company makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Site is controlled and operated from India and the Company makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Site from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
The Company offers or may in future offer products, services, content and various other functionalities (the â€œProducts
â€) to specific regions worldwide. The Products offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. The Company does not make any warranty or representation that a User in one region may also obtain the Products as provided in another region. Information on this Site may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that the Company intends to announce, launch or provide such products, programs or services in your country.
7. Limitation of liability
The Company/ MyRealEstate.in shall not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Site, its contents 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.
The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or un-authorised access to or alteration of User Registration Data/information. The Company shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any Userâ€™s or to any other person's computer or any electronic device related to or resulting from participating or downloading materials/information from MyRealEstate.in.
User agrees that neither the CompanyÂ nor its group companies and their respective directors, officers or employee shall be liable for any direct and/or indirect and/or incidental and/or special and/or consequential and/or exemplary damages, resulting from the use and/or the inability to use the Service and/or for cost of procurement of substitute goods and/or services or resulting from any goods and/or data and/or information and/or services purchased and/or obtained and/or messages received and/or transactions entered into through and/or from the Service and/or resulting from unauthorized access to and/or alteration of User's transmissions and/or data and/or arising from any other matter relating to the service, including but not limited to, damages for loss of profits and/or use and/or data or other intangible, even if the Company and or its group companiesÂ has been advised of the possibility of such damages. User further agrees thatÂ the CompanyÂ shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental and/or special consequential and/or exemplary damages, whether such interruption and/or suspension and/or termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that the CompanyÂ shall not be responsible or liable to the User, or anyone, for the statements or conduct of any third party. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User toÂ the Company, if any, that is related to the cause of action.
The Company takes no responsibility/liability whatsoever for shortage or non fulfilment of the Services onÂ MyRealEstate.in or any other related site due to or arising out of technical failure and/or malfunctioning and/or 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 â€œDeficiency of serviceâ€ under The Consumer Protection Act or any other Act/Rules, etc.
The Company may, in its sole discretion, and at any time without any notice terminate this Agreement and may terminate or restrict your use or access to MyRealEstate.in (or any part thereof) for any reason, including, without limitation, that the Company based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms. Any amounts due and payable to the Company by the User upon or at the time of termination shall be payable within 30 days of the relevant date of termination.
You agree to defend, indemnify, and hold harmless, the Company and/ or its associates, subsidiaries, their respective 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 access or your use of MyRealEstate.in or your breach of these Terms or upon any of your representations or warranties having been found to be incorrect or false or only partly correct.
available through this link.
This Agreement between you and the Company governs your use and access of MyRealEstate.in. If any provision of these Terms or part thereof is is held to be invalid/void by or under any applicable law; rule, order or regulation by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of its right to enforce such right or provision subsequently.
If any dispute arises between a User/Users and the Company arising out of use of the Site or thereafter in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be [Noida]. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
14. Governing Law, Jurisdiction
By accessing this Site you agree that the laws prevailing in India shall be the governing laws in all matters relating to myrealestate and/or the Company or otherwise relating to these Terms and the courts at [Noida] alone shall have exclusive jurisdiction in all matters relating to MyRealEstate.in and these Terms, irrespective of the territory and jurisdiction of your access to MyRealEstate.in.
The Company does not routinely monitor your postings to the Site but reserves the right to do so. However, if the Company becomes aware of an inappropriate use of MyRealEstate.in or any of its Services, the Company will respond in any way that, the Company in its sole discretion deems appropriate. You acknowledge that the Company will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, the Company will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
The Company reserves all other rights.
Please report any violations of these Terms to the Company atÂ firstname.lastname@example.org