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| Terms and Conditions |
| This website, www.inrealities.com,
(hereinafter referred to as "InRealities") is owned, hosted and operated
by K Bhatia Constructions Internet Technologies (hereinafter referred
to as K Bhatia Constructions ), firm Registered in India, having its
registered office at !702, Seventeenth Floor, Pancharatna, Opera House,
Charni Road, Mumbai, Maharashtra |
| Definitions:
|
| Terms and
Conditions |
InRealities and/or any
other website(s) linked to this website is an online information and
communications service provided to you, subject to your compliance
with the terms and conditions set forth below
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING InRealities,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD
NOT ACCESS OR USE InRealities. IF YOU HAVE ANY QUESTIONS ABOUT THESE
TERMS, PLEASE CONTACT (info@inrealities.com)
K Bhatia Constructions may amend/modify these Terms and Conditions
at any time, and such modifications shall be effective immediately
upon posting of the modified Terms and Conditions on InRealities.
You may review the modified Terms and Conditions periodically to be
aware of such modifications and your continued access or use of InRealities,
shall be deemed conclusive proof of your acceptance of these Terms
and Conditions, as amended/modified from time to time. K Bhatia Constructions
may also suspend the operation of InRealities for support or technical
up-gradation, maintenance work, in order to update the content or
for any other reason.
If you utilize InRealities in a manner inconsistent with these Terms
and Conditions, K Bhatia Constructions 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. |
| SUBMISSION
AND ADMINISTRATION OF LISTINGS |
Any customer agrees not
to submit any property descriptions, photographs, financial, contact
or other information contained in each Property's data to InRealities
unless the Customer 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(s) on
the Customer's website or on InRealities. The customer 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. The customer in addition shall furnish a brief background of
such property in respect of title, ownership and possession, K Bhatia
Constructions 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 Customer 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. K Bhatia Constructions
may, at its sole discretion but without any obligation to, search
for such and remove properties that are alleged to have been submitted
in violation of this provision. In addition, K Bhatia Constructions
may require additional evidence of compliance with this provision
from Customers who are alleged to have submitted Properties or other
information/data in violation of this Agreement. K Bhatia Constructions
will, in its sole discretion, terminate the accounts of, and refuse
service to, any Customer who repeatedly or intentionally violates
this Agreement. Additionally, the Customer agrees to allow the Property
listing, or any part of it, to be searched, displayed, accessed, downloaded,
copied, and otherwise referred to by users of the Customer's website
or the InRealities website. K Bhatia Constructions shall have the
sole authority to choose the manner in which any Property will be
searched, displayed, accessed, downloaded, copied, and otherwise used
on InRealities and K Bhatia Constructions shall have the right to
modify the property listing in the exercise of its rights under this
Agreement. In addition to the terms aforementioned the customer agrees
- to represent and warrant that all Properties and associated
information provided by the Customer will be accurate;
- that the Customer will not permit the posting of a property
on InRealities under a name other than the name of a real estate
agent who has been duly authorized and engaged by the owner of
the property in this regard;
K Bhatia Constructions reserves, in a manner consistent with reasonable
commercial business practices, the right to remove all or any part
of the Properties posted on the Customer's website or on InRealities
without notice. K Bhatia Constructions accepts no responsibility for
checking/verifying the accuracy of reports or data files submitted
by the Customer. While K Bhatia Constructions shall take all reasonable
efforts for data backup and business resumption, the Customer will
be solely responsible for retaining back-up copies of all information,
photographs and other materials furnished/submitted to InRealities.
Customers, who are buying/renting property/properties through InRealities,
must verify details the property/properties as well as its right,
title, ownership, lien etc. on their own. |
| Payment
Terms |
K Bhatia Constructions
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. K Bhatia
Constructions uses the maximum care as is possible to ensure that
all or any data / information in respect of electronic transfer of
money does not fall in the wrong hands.
K Bhatia Constructions 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. |
| Refund in
failed transactions |
| Though K Bhatia Constructions
payment reconciliation team works on a 24 x 7 basis, K Bhatia Constructions
offers no guarantees whatsoever for the accuracy or timeliness of
the refunds reaching the Customers 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 InRealities. |
| USE OF
INFORMATION |
| Customer agrees to treat
all information obtained from the Service, including listings, member
directory, and any information otherwise made available to Customer
in the Service ("Content") as proprietary to InRealities. Customer
agrees that Content reserved for members will be maintained as confidential
and shall be protected as a trade secret of InRealities. InRealities
does not ensure the accuracy of, endorse or recommend any Content
and Customer uses such Content at the Customer's own risk. Customer
may access the listings in the Service solely to obtain initial information
from which further evaluation and investigation may commence. Customer
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. Customer shall
not use or reproduce any Content that is obtained from the Service,
or that is otherwise made available to Customer in the Service, for
or in connection with any other listing service or device. Customer
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.
Customers violating these specific terms, specifically those customers
searching the Service in an abusive or excessive manner, by automated
or manual means, shall be subject to immediate termination of their
membership without notice. |
| INTELLECTUAL
PROPERTY RIGHTS |
All logos, brands, trade
marks and service marks ("Marks") appearing in InRealities are the
properties either owned or used under license by K Bhatia Constructions
and / or its associates. All rights accruing from the same, statutory
or otherwise, wholly vest with K Bhatia Constructions / its Associates.
The access to this Website does not confer upon you any license or
right to use in respect of these Marks and therefore the use of these
Marks in any form or manner, whatsoever is strictly prohibited. Any
violation of the above would constitute an offence under the prevailing
laws of India.
K Bhatia Constructions respects the Intellectual Property Rights of
all, it has and will continue to adhere to all the laws applicable
in India in this respect. K Bhatia Constructions shall protect and
respect the Intellectual Property Rights of the users as well as third
parties to the best of its ability. In a case where a user/users are
found to be using InRealities as a platform to infringe the Intellectual
Property Rights of others, K Bhatia Constructions will be free to
terminate this agreement forthwith without any notice to the user.
|
| RESTRICTIONS/
PROHIBITIONS |
You hereby expressly agree
not to:
- Access data not intended for you or log into server or account
that you are not authorized to access;
- Attempt to probe, scan or test the vulnerability of a system
or network;
- Attempt or breach security or authentication measures without
proper authorization;
- Attempt to interfere with, access to any other user including
but not limited to by submitting a virus of any kind or Trojan
horse to InRealities, overloading, Flooding, mail bombing or crashing;
- Copy, distribute, download, display, perform, reproduce, modify,
edit, alter, enhance, broadcast or tamper with in any way or otherwise
use any material contained in InRealities except as permitted;
- Copy and distribute this information on any other server, or
modify or re-use information, text, graphics, sound, etc. on this
Website to any other system. No reproduction of any part of the
Website may be sold or distributed for commercial gain nor shall
it be modified or incorporated in any other work, publication
or Website, whether in hard copy or electronic format, including
postings to any other Website; or
- Remove any copyright, trade mark or other intellectual property
notices contained in the original material from any material copied
or printed off from InRealities or link to InRealities, without
our express written consent.
- The user shall not utilise the services offered by InRealities
in any manner so as to impair the interests and functioning of
K Bhatia Constructions /InRealities. The user undertakes not to
duplicate, download publish, modify and distribute material on
naukri.com unless specifically authorized by K Bhatia Constructions
in this regard. The user undertakes not to establish any deep
link or other connection to any specific page of InRealities other
than the Home Page without obtaining prior consent of K Bhatia
Constructions .
K Bhatia Constructions strictly forbids copying, duplicating web
pages or content using any automated process such as spiders,
crawlers etc. or through any manual process for a purpose which
has not been authorized in writing.
- users undertake that the services offered by InRealities shall
not be utilized to upload, post, email, transmit or otherwise
make available either directly or indirectly, unsolicited bulk
e-mail or unsolicited commercial e-mail. K Bhatia Constructions
reserves the right to filter and monitor and block the emails
sent by you/user using the servers maintained by K Bhatia Constructions
to relay emails. All attempts shall be made by K Bhatia Constructions
and the user to abide by International Best Practices in containing
and eliminating Spam. Violations of system or network security
may result in civil or criminal liability.
|
| LINKS TO
THIRD PARTY WEB SITES |
| InRealities may provide
links to other third-party World Wide Web sites or resources. K Bhatia
Constructions makes no representations whatsoever about any other
Web site you may access through this Website (inrealities). |
| DISCLAIMER
AND WARRANTIES |
THE CONTENT OF InRealities
IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
K Bhatia Constructions AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES
OR CONTENT TO THIS WEBSITE, 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
OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION,
UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES,
OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND
CONTENTS OF InRealities.
It is solely your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and
other information provided through the Website. K Bhatia Constructions
does not warrant that the access to Website will be uninterrupted
or error-free or that defects in Website will be corrected.
No information contained herein shall constitute an invitation or
an offer to invest in K Bhatia Constructions or any of its Affiliates.
Further, nothing contained in this Website should be construed as
a recommendation to use any product, process, equipment or formulation,
in conflict with any patent, or otherwise and K Bhatia Constructions
makes no representation or warranty, express or implied that, the
use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and K Bhatia Constructions
makes no representation that the materials are appropriate or will
be available for use in other parts of the World. If you use this
Website from outside India, you are entirely responsible for compliance
with all applicable local laws as well as international conventions
and treaties.
K Bhatia Constructions offers products, services, content and various
other functionalities (collectively the "Services") to specific regions
worldwide. The Services 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. K Bhatia Constructions
does not make any warranty or representation that a user in one region
may also obtain the Services as provided in another region. Information
on this Website 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 K Bhatia Constructions intends to
announce, launch or provide such products, programs or services in
your country. |
| LIMITATION
OF LIABILITY |
K Bhatia Constructions
will not be liable for any damages of any kind arising out of or relating
to the use or the inability to use this Website, 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.
K Bhatia Constructions assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communication line failure, theft or destruction or unauthorized access
to or alteration of Customers data/information. K Bhatia Constructions
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 customer and/or Members or to any
other persons computer related to or resulting from participating
or downloading materials/information from the website. |
| TERMINATION
|
| K Bhatia Constructions
may, without notice in its sole discretion, and at any time, terminate
or restrict your use or access to InRealities (or any part thereof)
for any reason, including, without limitation, that K Bhatia Constructions
based on its judgment and perception believes you have violated or
acted inconsistently with the letter or spirit of these Terms and
Conditions. |
| INDEMNIFICATION
|
Submissions and unauthorized
use of any information(s)/materials contained on InRealities may violate
copyright laws, trademark laws, the laws of privacy and publicity,
certain communications statutes and regulations thereto and other
applicable laws, statutes and its rules and regulations. You alone
are responsible for your actions or the actions of any person using
your user name and/or password.
Submissions and unauthorized use of any information(s)/materials contained
on InRealities may violate copyright laws, trademark laws, the laws
of privacy and publicity, certain communications statutes and regulations
thereto and other applicable laws, statutes and its rules and regulations.
You alone are responsible for your actions or the actions of any person
using your user name and/or password. |
| PRIVACY
POLICY |
| The user of InRealities
is subject to Privacy Policy available
through this link. |
| ARBITRATION
|
| If any dispute arises
between a user/users and K Bhatia Constructions arising out of use
of the website 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 K Bhatia Constructions
. Decision of the Arbitrator shall be final and binding on both the
parties to the dispute. The place of arbitration shall be Mumbai.
The Arbitration & Conciliation Act, 1996, shall govern the arbitration
proceedings. |
| SEVERABILITY
OF PROVISIONS |
| THIS AGREEMENT between
you and K Bhatia Constructions and governs your use of inrealities.com.
If any provision of these Website Terms and Conditions or part thereof
is inconsistent with or is held to be invalid/void by or under any
law, rule, order or regulation of any Government or by the final adjudication
of any court, such inconsistency or invalidity shall not affect the
enforceability of any other provision of the Terms and Conditions.
|
| WAIVER
|
| The failure of K Bhatia
Constructions to exercise or enforce any right or provision of the
Terms and Conditions of use shall not constitute a waiver of its right
to enforce such right or provision subsequently. |
| GOVERNING
LAW |
| By accessing the Website
you agree that the laws prevailing in India shall be the governing
laws in all matters relating to inrealities.com, as well as these
Terms and Conditions. |
| JURISDICTION
|
Courts at Mumbai, Maharashtra,
India alone shall have the exclusive jurisdiction in all matters relating
to InRealities and these Terms and Conditions, irrespective of the
territory and jurisdiction of your access to InRealities.
K Bhatia Constructions does not routinely monitor your postings to
the web site but reserves the right to do so. However, if K Bhatia
Constructions becomes aware of an inappropriate use of InRealities
or any of its Services, K Bhatia Constructions will respond in any
way that, in its sole discretion, K Bhatia Constructions deems appropriate.
You acknowledge that K Bhatia Constructions 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, K Bhatia Constructions will co-operate fully with
law enforcement agencies in any investigation of alleged illegal activity
on the Internet. |
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