Terms and Use

General Terms of Use

General Terms of Use

These general terms of use (the “General Terms of Use”) describe the terms on which the Users (defined hereunder) access, view, use and register on the website www.Realitiindia.com and any application owned and/or operated by Think Tower Marketing Services Private Limited or any of its Affiliates (defined hereinafter) (the “Company”), collectively referred to as, the “Platform”, and the Services (defined hereunder) provided through the Platform.

The Company adheres strictly to information technology laws and in order to ensure compliance with the same, the Company has established this General Terms of Use which shall be amended as and when required by the Company. These General Terms of Use are an electronic record under the information technology laws and are generated by a computer system and do not require any physical or digital signatures.

PLEASE READ THE GENERAL TERMS OF USE CAREFULLY BEFORE ACCESSING, VIEWING, USING OR REGISTERING ON THE PLATFORM OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE PLATFORM. USER’S USE OF THE PLATFORM OR SERVICES SHALL SIGNIFY USER’S UNCONDITIONAL ACCEPTANCE OF THE GENERAL TERMS OF USE AND USER’S AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

Definitions

1. Definitions

For the purposes of these General Terms of Use and all other policies of the Company (to the extent not inconsistent with the context therein), the following terms shall have the meaning defined against them as follows:
1.1. “Affiliate” shall mean a person or entity, directly or indirectly, controlling, controlled by, or under common control with the Company. For the purposes of this Section, ‘control’ includes the right to appoint the majority of the directors or to control the management or policy decisions exercisable by a person or persons acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders’ agreements or voting agreements or in any other manner.
1.2. “Builder” shall mean a User who is a person, who is building or has built, or is developing or has developed, any Property, and who has offered the same on the Platform for sale. For the sake of clarity, Builder shall not include agents, brokers or any other middlemen who deal with properties on behalf of the Builder or owners of any Property.
1.3. “Customer” shall mean a User who intends to purchase or who purchases any Property listed on the Platform.
1.4. “Property” shall include residential houses, villas, individual apartments/flats, condominiums, apartment complexes or groups of houses or apartments, or any other type of residential property.
1.5. “Services” shall mean the services described in Section 3 of these General Terms of Use.
1.6. “User” shall mean any person (including any business entity) who loads, accesses, views, displays and/or uses the Platform or any of the contents therein, whether or not such person has registered on the Platform and includes the Builders.

Registration

2. Registration

2.1 All Users may register on the Platform by creating a username and password, and by providing such other details as necessary.
2.2 Notwithstanding the above, Builders and Customers shall be permitted to use the Platform and the Services only upon registration on the Platform, and only for as long as such registration is in existence.

2.3 Each User represents, undertakes and warrants that: (i) by visiting, viewing, accessing, installing, loading or using the Platform, the User is providing unqualified acceptance to these General Terms of Use and any and all policies of the Company relating to the Platform; (ii) the User is of legal age and sound mind, and has consented to these General Terms of Use and any and all policies of the Company in relation to the Platform, without any undue force, pressure, influence or coercion; (iii) by agreeing to be bound by these General Terms of Use, the User is not violating and is not undertaking any action in conflict with any other terms, conditions or agreement to which such User is subject; and (iv) the User is not violating any law applicable to such User.

Services

3. Services

3.1 The Platform provides the following services (collectively, “Services”):
(a) It allows Users to view the profiles of all Builders registered on the Platform along with their Property listings/ service offerings (as the case may be), contact information, commercial offers, and prices (if any);
(b) It enables Customers to locate one or more Properties or Builders listed or registered, as the case may be, on the Platform based on search terms or filters available on the Platform;
(c) It provides the Customers with relevant information concerning Properties listed on the Platform, including without limitation the details of the locality and surrounding neighborhood and commute time to hotspots within the city, and enables the Customers to compare the prices of one Property against another listed on the Platform amongst other aspects of the Properties;
(d) It facilitates communication between Customers and their chosen Builder(s);
(e) It allows the Customers to access the Platform and the Builder’s website or any other internet-based platform powered by the Platform, by creating a single account and using a common login;
(f) It may provide Customers with the option to post feedback, comments, and ratings in relation to any Builder who has rendered services to the Customer;
(g) It enables Builders to list their Properties for sale, along with details such as their contact information, location of the Property, all kinds of videos and photographs of the Property and immediate surroundings of the Property, size of the Property, types and number of rooms contained in the Property, facilities or amenities provided with the Property, all approvals in place for the Property, real-time construction updates, availability of home loans and all related information, commercial offers or prices, status of availability of the Property for sale and any other relevant details that the Builders would like to post from time to time on the Platform and also mirrors such details from any existing Builder’s website powered by the Platform;
(h) It enables Builders to offer “deals” to the targeted group of Customers on the Platform and as part of the deal offerings, the Builders can create banner advertisements addressing the targeted group of Customers with respect to the Properties that meet the prerequisites of the targeted group of Customers. For the sake of clarity, these targeted groups of Customers refer to Customer groups created by the Company based on their common requirements and the kind of Properties they are looking out for on the Platform. Further, the Builders agree and acknowledge that the banner advertisements on the Platform can be created to advertise the location of the Property, the price of the Property, the demand for the Property, amongst others factors pre-approved by the Company;
(i) It enables Builders to avail any premium or value-added services/Software as a service (SAAS) tools offered by the Company to generate leads, facilitate booking, identify traffic, conduct live chats with the Customers whether on the Platform or on any other website or internet-based platform) as may be fully described by the Company in a separate electronic or physical document, and as may be offered by the Company from time to time on separate terms and conditions;
(j) It enables Builders to access and completely outsource their service offerings to the Company, where in the Company may, at its own cost and efforts and at its sole discretion, appoint one or more employees, contractors, consultants , franchisees, business associates, partners or agents to perform end-to-end services for Builders, from marketing support to selling of the Properties to the Customers, as may be fully described by the Company in a separate electronic or physical document, and as may be offered by the Company from time to time on separate terms and conditions; and
(k) Any other services as may be described in these General Terms of Use.
3.2 The Company may, at its sole discretion, add, modify or remove any of the Services listed above, from time to time without notice, as per these General Terms of Use.
3.3 The Company is only a facilitator between Customers and Builders. Any contracts or terms between Users for: (i) sale or purchase of Properties or (ii) for payment of consideration, shall strictly be a contract between the concerned User(s) and another User or any other third party. The Company shall not, under any circumstances, be or be deemed to be a party to the same. The Company shall not and is not required to mediate or resolve any dispute or disagreement arising out of or relating to any such contract or arrangement.
3.4 The Company has not independently verified and does not guarantee the truthfulness of the credentials of any Builder or any description of their business or authorisations or of any association the Builder claims to be a member of, compliance with applicable laws by the Builder (including without limitation laws related to real estate, development of land and other rules and regulations of the associations that the Builder is part of or has a relationship with), service offerings, or Property listings, including in relation to title, ownership, Property-related approvals, condition, usability, pricing, location of Properties, home loan related information, estimated date of possession, construction updates, or other information such as photographs, descriptions or contact details, provided by any User on the Platform. Each User shall be solely and fully responsible for ascertaining the completeness, accuracy or reliability of any information or content provided on the Platform by other Users, and the Company shall not be liable in any manner and under any circumstances for the same.
3.5 It shall be the responsibility of the Builder to honour the Customer’s transactions. The Company is not responsible, and has no liability for, the completion of any sale or purchase of any Property. The Company cannot be called upon to provide any guarantee, surety or security with respect to any obligation of any Builder. The Company is not responsible, and has no liability for any offers, discounts or service packages communicated by the Builder, or for any misconduct or fraud committed by a Builder or its employees, representatives, etc.
3.6 The Platform allows Customers to search for Properties based on search terms and filters which are made available by the Company on the Platform. The accuracy, completeness or reliability of such search is dependent on the search terms or filters chosen by the Customer and/or the completeness and accuracy of information provided by Builders. While the Company may take commercially reasonable efforts to improve the functioning of the search engine or the algorithm used on the Platform to display such search results, the Company disclaims all responsibility and liability in relation to the completeness, accuracy or reliability of any search conducted by any User on the Platform. In either case, the Company does not have any control over the results of searches carried out by the User on the Platform. The result of any search on the Platform shall not be construed as the opinion or preference of the Company.
3.7 The information provided on the Platform relating to any Property is provided on an “as is” basis only, and is based solely on the information provided by the respective Builder. Any transaction, such as sale or purchase of Properties, may be subject to additional terms and conditions at the Builder’s and/or the Company’s discretion and which shall be available on the Platform, all of which shall be the Customer’s responsibility to ascertain. The Customers agree that the purchase of any Property listed on the Platform shall be at their own discretion, and that no claims whatsoever can be raised against the Company in this regard. The Company shall not be liable in any manner, including by way of reimbursement or indemnity, for any loss, damages, costs or expenses incurred by any Customer arising directly or indirectly out of any lack or insufficiency of information displayed on the Platform.
3.8 At present, no charge/fees shall be levied by the Company from the Builders for merely listing their Properties on the Platform and the Customers for registering and searching for Properties on the Platform. However, the Company may charge the Builders certain fees for the banner advertisements that the Builder may create or the “deals” that the Builders may offer to the targeted group of Customers on the Platform. The Company reserves the right to charge or change any fees for any of the Services at any time, without specifically informing the User of the same. The Company shall make reasonable efforts to notify any charging/ revision of fees as soon as practicable on the Platform, and any such revision shall be applicable upon a date chosen at the Company’s sole discretion. The continued use of the Platform by the Users post such notification, shall result in the new/ modified terms being binding on the Users.
3.9 Each User agrees to accept listing of Properties without dispute or qualification. In the event a Builder is dissatisfied with the manner of its listing on the Platform or two Builders are claiming ownership over a listed Property or any other dispute that may arise between the Builders in relation to the Properties listed on the Platform, such Builders may write to the Company at[email protected], along with the submission of supporting information and documents. The Company shall reasonably consider all supporting information and documents and provide its opinion to the Builder. Every User agrees that the opinion of the Company in this regard shall be final and binding.
3.10 The Company does not provide any guarantee that registering as a Builder will result in any particular volume of successful transactions, traffic, leads, bookings or sale of the listed Properties.
3.11 Customers shall provide honest feedback/review about the concerned Builder. Users agree and accept that the ratings provided on the Platform are on the basis of the feedback and comments of the Customers and that the Company is no way responsible or liable for the same. All views and opinions expressed on the Platform, are those of the individual Customers only, and do not in any way reflect the opinion of the Company. The Company shall not assess or rate the Builders on the Platform.

Payments

4. Payments

4.1 With respect to the sale or purchase of Properties, through the Platform, the amount and manner of payment shall be as agreed to between the Customer and the respective Builder. As far as the amount and payment for the banner advertisements or “deals” that the Builders may offer to the targeted group of Customers on the Platform is concerned, it is as agreed between the Builders and the Company. However, the Company may at any time, offer to the Users, an option to make such payments using the Platform, on such terms and conditions as it deems fit and in compliance with the applicable laws.
4.2 Subject to the Company’s Privacy Policy, Users acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
4.3 In order to make any payments online on the Platform, each User undertakes to: (i) have a valid registration on the Platform, (ii) use a valid payment card, and (iii) have sufficient funds or credit available to complete the payment. By providing payment card information, each User represents, warrants, and covenants that: (i) such User is legally authorized to provide such information; (ii) such User is legally authorized to perform payments from the payment card account; and (iii) such action does not violate the terms and conditions applicable to such User’s use of such payment card account or any applicable law. Each User agrees that such User shall be fully responsible for any fees charged by such User’s mobile or internet carrier in connection with such User’s use of the payment services through such User’s mobile or other devices, and for any fees or charges levied by a financial institution on the payment transaction. The Company shall use the payment card information as described in the Company’s Privacy Policy. A User may add, delete, and edit the payment card account information (which such User has provided) from time to time through the Platform.
4.4 The Company shall mail a payment receipt to the User’s registered email address and/or send a text message to the User’s registered mobile number, on completion of a transaction using the payment services. The User may print and save copies of these receipts.
4.5 Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using a User’s payment card information. Particularly, the Company is not liable for any payments that do not complete because: (i) a User’s payment card account does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit of the payment card account; (ii) a User has not provided the Company with correct payment card information; (iii) a User’s payment card has expired; or (iv) of any circumstances beyond the Company’s control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevents the execution of the transaction.

OBLIGATIONS OF USERS

5. Obligations of Users

5.1. Obligations of all Users: The following conditions shall be applicable to all Users of the Platform:
(a) Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use (as defined hereinafter), along with any amendments made by the Company at its sole discretion and posted on the Platform. The Company shall not be required to notify Users, whether as a registered User or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Platform. User’s use of the Platform and the Services is subject to the most current version of the Terms of Use made available on the Platform at the time of such use. Users are requested to regularly visit the homepage to view the most current Terms of Use. Users can determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be User’s responsibility to check these Terms of Use periodically for changes. The Company may require Users to provide User’s consent to the updated Terms of Use in a specified manner prior to any further use of the Platform and the Services. If no such separate consent is sought, User’s continued use of the Platform, following the changes to the Terms of Use, will constitute User’s acceptance of those changes. By (i) using the Platform or the Services in any way; or (ii) merely browsing the Platform, Users agree that Users have read, understood and agreed to be bound by the currently applicable Terms of Use and the Platform’s Privacy Policy, made available at the homepage.
(b) No User shall have more than 1 (one) active registration on the Platform. Additionally, each User is prohibited from selling, trading, or otherwise transferring such User’s registered account to any person. Any such act by a User shall be a breach of these General Terms of Use.
(c) In order to avail the Services, each User will have to register on the Platform and create an account. If Users are using the Platform on a compatible mobile or tablet, such User will have to install the application and then proceed with registration. Each User who is registering on the Platform shall ensure and confirm that all information provided by such User is complete, accurate and up-to-date. If there is any change in such information, the User shall promptly update his/her information on the Platform. If any User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate such User’s account on the Platform, and refuse any and all current or future use of the Platform (or any portion thereof) at its sole discretion, in addition to any right that the Company may have against such User at law or in equity, for any misrepresentation of information provided by such User.
(d) Each User shall be solely responsible for maintaining the confidentiality of the information contained in his/her account, and shall be fully and solely responsible for all activities that occur under his/her account. Each User agrees to: (i) immediately notify the Company of any unauthorized use of such User’s account information or any other breach of security, and (ii) ensure that such User properly signs out from his/her account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from a User’s failure to comply with this provision. Use by one User of another User’s account or information contained therein for accessing the Platform or availing the Services is expressly prohibited. A User may be held liable for losses incurred by the Company or any other User due to authorized or unauthorized use of such User’s account as a result of such User’s failure in keeping his/her account information secure and confidential.
(e) Subject to compliance with the General Terms of Use, the Company grants each User a non-exclusive, limited privilege to access and use this Platform and avail the Services. Each User agrees to use the Platform, Services and the content and materials provided therein only: (i) for purposes that are permitted by these General Terms of Use; and (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines.
(f) Each User agrees not to engage in activities that may adversely affect the use of the Platform by the Company and/or any other Users.
(g) Each User agrees not to access (or attempt to access) the Platform, the Services or any content or materials contained therein by any means other than through the interface that is provided by the Company. No User shall use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or content or materials contained therein, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content or materials contained therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
(h) Each User acknowledges and agrees that by accessing or using the Platform or Services, such User may be exposed to content from others that the User considers offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Platform.
(i) Each Customer agree to contact a Builder only if he/she has a genuine requirement for any service offered by them.
(j) Each User undertakes and agree not to post any information, photographs, designs, videos or any other content or materials that are offensive, indecent, vulgar, objectionable or otherwise opposed to law, public policy or morality. All such content and material added, created, uploaded, submitted, distributed, or posted to the Platform by a User is the User’s sole responsibility. Each User hereby represents, undertakes and warrants that he/she owns or has sufficient rights to post or disclose, including without limitation, intellectual property rights, in any photographs, videos, information, designs or any other content or materials posted by him/her on the Platform. The Company does not perform any checks or due diligence regarding the rights of Users to post any content on the Platform, and the Company disclaims all liability that may arise out of such content.
(k) Each User hereby does and shall grant the Company a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, disclose, distribute, translate and otherwise fully exploit any such content or materials referred to above, in connection with the Platform and the Company’s (and the Company’s successors’ and assigns’) businesses, including without limitation, for promoting the Platform in any media formats and through any media channels. The User represents and warrants that he/she has all rights to grant such licenses to the Company without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
(l) Each User agrees and undertakes not to:
Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
Publish, post, upload, distribute or disseminate any information that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, inappropriate, profane, infringing or otherwise unlawful in any manner whatsoever; or that 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;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
Engage in any activity that interferes with or disrupts access to the Platform or the Services (or the servers and networks which are connected to the Platform);
Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Services offered on or through the Platform, by hacking, password mining or any other illegitimate means;
Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
Collect or store data about other Users in connection with any unlawful or prohibited conduct and activities;
Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other User’s use of the Platform;
Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these General Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any terms, rules or guidelines, which may be applicable for or to any particular Service;
Violate these General Terms of Use or any applicable laws or regulations for the time being in force within or outside India; or
Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
(m) Each User shall solely be responsible for maintaining the necessary computer equipment’s and internet connections that may be required to access, use and transact on the Platform.
(n) Each User shall, in the course of using the Platform or the Services, or during communication and interaction with any other Users, conduct himself/herself with the highest standards of professionalism, respect and decency.
5.2. Specific Obligations of Users: In addition to the above, the specific obligations of: (i) Builders can be found at [Insert details]; and (ii) Customers can be found at [Insert details].

Conditions applicable for all users

6. Conditions applicable to all Users

6.1 The Services are not available to minors under the age of 18 (eighteen) years or to any Users, whose access to the Platform has been suspended or removed by the Company for any reason whatsoever.
6.2 The Company reserves the right to refuse access to the Platform or Services to new Users or to terminate access granted to existing Users at any time, without according any reasons for doing so.
6.3 The Company disclaims any and all liabilities arising directly or indirectly in relation to a User or the information or content posted in relation to such User on the Platform.
6.4 The Company reserves the right to review any information/data uploaded by a User on the Platform and delete any information/data that is inconsistent with these General Terms of Use. Notwithstanding the foregoing, each User is solely responsible to the Company and to any third party for any breach of his/her obligations under the General Terms of Use and for the consequences (including any loss or damage which the Company or any third party may suffer) for any such breach.
6.5 The Company may, at any time, modify or discontinue all or part of the Platform, charge, or offer opportunities to some or all.
6.6 Customers may provide feedback, comments or ratings about any Builder. The Company shall have the right to terminate the account of, and/or de-list any or all Properties listed on the Platform by, such Builder who consistently receives poor ratings, comments or feedback in its sole discretion.
6.7 The Company is not obligated to but reserves the right to, at its discretion, verify any information provided by a Builder on the Platform, including such Builder’s contact information and the Properties, as the case may be, listed by such Builder.

Intellectual property rights

7. Intellectual Property Rights

7.1 Except as expressly indicated herein, the Company hereby grants to each User a limited, non-exclusive, freely revocable (upon notice from the Company), non-transferable right to access, to view, download and print any materials available on the Platform, solely for personal, informational, and internal purposes, or in connection with such User’s use of the Services, subject at all times to the provisions of these General Terms of Use.
7.2 Subject to Section 8 below, the database of Properties keyed in by the Builders on the Platform, the Platform and the processes, and their selection and arrangement, including but not limited to, all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Platform is owned and controlled by the Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
7.3 The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or other respective third parties, as the case may be. Users are not permitted to use the Marks without the prior consent of the Company, or the third party that may own the Marks.
7.4 Except as expressly provided herein, Users acknowledge and agree that Users shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from the Company. The rights granted to a User in the materials available on the Platform as specified in Section 7.1 above are not applicable to the Content. Content is protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.5 Any software that is available on the Platform is the property of the Company. No User shall use, download or install any software available on the Platform, unless otherwise expressly permitted by these General Terms of Use or by the express written permission of the Company.

8. Third Party Content

8.1 The Platform makes available general third party information and other data from external sources (“Third Party Content”). The provision of Third Party Content is for general informational purposes only, and the Company has no control over the same. The Company does not provide any guarantee with respect to the truthfulness, credibility and the genuineness of any Third Party Content and the Company shall not be held liable for any loss suffered by Users based on Users’ reliance on or use of such Third Party Content.

Disclaimer of warranties & Liability

9. Disclaimer of Warranties & Liability

USERS EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
9.1 THE PLATFORM, SERVICES, AND OTHER MATERIALS ARE PROVIDED BY THE COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (I) THE PLATFORM OR SERVICES WILL MEET USER REQUIREMENTS OR (II)) THE USERS USE OF THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF THE PLATFORM OR SERVICES WILL MEET USER EXPECTATIONS; OR (V) ANY ERRORS OR DEFECTS IN THE PLATFORM OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USERS FROM THE COMPANY OR THROUGH USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE GENERAL TERMS OF USE.
9.2 THE COMPANY DOES NOT IN ANY WAY, DIRECTLY OR INDIRECTLY, FACILITATE THE SALES BETWEEN BUILDERS AND CUSTOMERS AND IS NOT ACTING ON BEHALF OF ANY USER AND CANNOT BE DEEMED TO BE A REAL ESTATE AGENT AS DEFINED UNDER THE REAL ESTATE (REGULATION AND DEVELOPMENT) ACT, 2016 (THE “ACT”), SUBJECT TO A CONTRACT TO THE CONTRARY WITH THE RESPECTIVE BUILDERS, IN WHICH CASE THE COMPANY WILL GET THEMSELVES REGISTERED AS A REAL ESTATE AGENT IN THE RESPECTIVE STATE.
9.3 THE COMPANY WILL HAVE NO LIABILITY RELATED TO ANY BUILDER/USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY BUILDER /USER CONTENT.
9.4 THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR ANY ACT OR OMISSION BY ANY USER TOWARDS ANY OTHER USER OF THE PLATFORM.
9.5 THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT USERS MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF USER ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PLATFORM OR ANY SERVICES, EITHER WITH OR WITHOUT USER KNOWLEDGE.
9.6 THE COMPANY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION (INCLUDING STANDARDS OF SERVICE, DEVELOPER AFFILIATIONS OR TYPES AND KINDS OF SERVICES) ON THE PLATFORM IS CORRECT, BUT THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, OR SERVICE PROVIDED BY THE USERS. THE PICTURES / PHOTOS / VISUALS / VIDEOS SHOWN ON THE PLATFORM INCLUDE ARTIST’S IMPRESSION OF THE PROPERTY BEING DISPLAYED AND HAVE BEEN PROVIDED BY THE USERS. THE ACTUAL PROPERTIES MAY VARY FROM AND MAY BE INCONSISTENT WITH, SUCH REPRESENTATIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE COMPANY’S CONTROL. USERS UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT USER’S OWN DISCRETION AND RISK, AND THAT USERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
9.7 CUSTOMER CAN ACCESS AND VERIFY THE INFORMATION REGARDING BUILDER AND THE PROPERTY (BEING A REAL ESTATE PROJECT AS DEFINED UNDER THE ACT) OR OBTAIN ANY ADDITIONAL INFORMATION FROM THE PLATFORM OR THE JURISDICTIONAL REGULATORY AUTHORITY OR THE PLATFORM OF THE BUILDER (IF ANY) OR BY MAKING PHYSICAL ENQUIRIES WITH THE BUILDER OR ANY OTHER SOURCE. BEFORE DECIDING TO PURCHASE OR TAKING ANY OTHER ACTION CUSTOMERS ARE REQUESTED TO EXERCISE DUE CAUTION AND TO INDEPENDENTLY VALIDATE AND VERIFY ALL INFORMATION AND DETAILS FROM THE AFORESAID SOURCES AND TO GO THROUGH THESE GENERAL TERMS OF USE ON THE PLATFORM. CUSTOMERS ALSO ACKNOWLEDGE THAT BY MERELY MAKING SUCH INFORMATION AVAILABLE ON THE PLATFORM, THE COMPANY IS NOT INVOLVED IN ANY ‘UNFAIR TRADE PRACTICE’, AS DEFINED UNDER THE ACT, IF SUCH INFORMATION TURNS OUT TO BE INACCURATE, INCOMPLETE OR FALSE.
9.8 THE BUILDER OR THE PROPERTY MAY BE REQUIRED TO BE REGISTERED WITH THE CONCERNED AUTHORITY UNDER THE ACT AND TO OTHERWISE COMPLY WITH ACT. THE DISPLAY OF INFORMATION ON THE PLATFORM WITH RESPECT TO SUCH A BUILDER OR THE PROPERTY DOES NOT GUARANTEE THAT BUILDER OR THE PROPERTY HAS REGISTERED UNDER THE ACT OR IS COMPLIANT WITH THE SAME AND THERE IS A POSSIBILITY THAT THE AUTHORITIES MAY DENY THE REGISTRATION OR REVOKE THE REGISTRATION IF THE SAME HAS BEEN GRANTED OR TAKE ANY OTHER ACTION FOR NON-COMPLIANCE. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY IN THIS REGARD.

Indemnification and limitation of liability

10. Indemnification and Limitation of Liability

10.1 Each User agrees to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, franchisees, business associates, partners and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such User pursuant to these General Terms of Use. Further, each User agrees to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such User’s use of the Platform or Services, User’s violation of the General Terms of Use, or User’s violation of any rights of another, including any intellectual property rights.
10.2 In no event shall the Indemnitees, be liable to the Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with (i) User’s use of or access to the Platform, Services or materials on the Platform; or (ii) services provided by any Builder.
10.3 The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

Violation of the general terms od use

11. Violation of the General Terms of Use

11.1 Each User agrees that the Company may, in its sole discretion and without prior notice, terminate such User’s access to the Platform for cause, delist Users and/or block the User’s future access to the Platform if the Company determines that such User has violated these General Terms of Use. Each User also agrees that any violation by such User of these General Terms of Use will cause irreparable harm and injury to the Company, for which monetary damages would be inadequate, and the User consents to the Company obtaining any injunctive/ equitable or other suitable relief as the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

Termination

12. Termination

12.1 These General Terms of Use will continue to apply until terminated by either the User or the Company as set forth below. If any User wants to terminate the User’s agreement with the Company, such User may do so by: (i) closing the User’s account on the Platform; and (ii) not accessing the Platform.
12.2 The Company may, at any time, with or without notice, terminate the arrangement under these General Terms of Use with any User if:
(a) Such User breaches any of the provisions of these General Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to such User from time to time (or have acted in a manner that clearly shows that the User does not intend to, or is unable to, comply with the same);
(b) The Company is required to do so by law;
(c) The provision of the Services to Users by the Company is, in the opinion of the Company, no longer commercially viable or is in any way detrimental to the Company, its business or the Platform; or
(d) The Company has elected to discontinue, with or without reason, access to the Platform, Services or any part thereof.
12.3 The Company may also terminate or suspend all or a portion of a User’s account or access to the Services with or without reason.
12.4 Termination of a User’s account may include: (i) removal of access to all offerings within the Platform or with respect to Services; (ii) deletion of User records and account information, including User’s personal information, log-in ID and password, and all related information, files and materials associated with or inside the User’s account (or any part thereof); and (iii) barring of further use of the Platform and Services. The Users shall not have any right or remedy against the Company for deletion of such User’s account or denial of access to the Platform.
12.5 The termination of User’s account shall not relieve Users of any liability that Users may have incurred or may incur in relation to use of Services provided prior to such termination.
12.6 The Company shall not be liable to Users or any third party for any termination of a User’s account, or the Users access to the Platform and Services.

Governing Law

13. Governing Law

13.1 These General Terms of Use and all transactions entered into on or through the Platform and the relationship between the Users and the Company shall be governed in accordance with the laws of India without reference to conflict of laws principles.
13.2 All claims, differences and disputes arising under or in connection with or in relation to the Platform, these General Terms of Use or any transactions entered into on or through the Platform or the relationship between the Users and the Company shall be subject to the exclusive jurisdiction of the courts at [Coimbatore, India] and Users hereby accede to and accept the jurisdiction of such courts.

Report abuse

14. Report Abuse

14.1 In the event Users come across any abuse or violation of these General Terms of Use or if the Users become aware of any objectionable content on the Platform, please report the same to by visiting http://company.realitiindia.com/unsubscribe/

Communications

15. Communications

15.1 By providing their contact information on the Platform, each User agrees to receive: (i) phone calls, messages or emails from other Users (to whom such information is disclosed as per these General Terms of Use and the Privacy Policy); and (ii) phone calls, messages or emails from the Company or Builders, regarding the services offered by the Company or the Builders.
15.2 Users can unsubscribe/ opt-out from receiving communications from the Company or the Builders by visiting http://company.realitiindia.com/unsubscribe/

General Provisions

16. General Provisions

16.1 Notice: All notices from the Company will be served by email to the User’s registered email address or by general notification on the Platform. Any notice provided to the Company pursuant to these General Terms of Use should be sent to [email protected] with the subject line – Attention: GENERAL TERMS OF USE.
16.2 Assignment: Users cannot assign or otherwise transfer these General Terms of Use, or any rights granted hereunder to any third party. The Company’s rights under these General Terms of Use are freely transferable by the Company to any third party without the requirement of seeking the User’s consent.
16.3 Severability: If for any reason, a court of competent jurisdiction finds any provision of these General Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the General Terms of Use shall continue in full force and effect.
16.4 Waiver: Any failure by the Company to enforce or exercise any provision of these General Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.

IP Infringement

17. IP Infringement

17.1 If Users believe the Platform or any of the Services violates User’s intellectual property, Users must promptly notify the Company in writing at [email protected]. These notifications should only be submitted by the owner of the intellectual property or an agent authorized to act on his/her behalf. However, any false claim by Users may result in the termination of User’s access to the Platform. Users are required to provide the following details in the notice:
(a) the intellectual property that Users believe is being infringed;
(b) the item that Users think is infringing and include sufficient information about where the material is located on the Platform;
(c) a statement that Users believe in good faith that the item Users have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
(d) User contact details, such as User address, telephone number, and/or email;
(e) a statement that the information provided by the User in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
(f) User’s physical or electronic signature.

Feedback and Information

18. Feedback and Information

18.1 Any feedback provided by Users on the Platform shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, Users represent and warrant that: (i) User feedback does not contain confidential or proprietary information of the User or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) all information provided in the feedback is true and correct and relates to the services availed by Users; and (iv) Users are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances. The Company reserves the right to initiate any action against Users under the applicable laws for a breach of this representation, including appropriate actions for any defamation allegations. When Users provide feedback on the Platform, Users grant to the Company, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual and unconditional license to: (i) use or reproduce the feedback posted by Users on the Platform; (ii) delete and remove the entire or such part of any feedback posted by Users that, in the opinion of the Company, is not in compliance with these General Terms of Use; and (iii) communicate the feedback to other Users.
18.2 Any feedback posted by Users on the Platform regarding any service availed by Users may be required to be substantiated by accompanying evidence, as necessitated or requested by the Company.

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