TERMS AND CONDITIONS
I. Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
• “Commencement Date” shall mean the date on which the User(s) visits the Website whether to avail the Services(s) or otherwise.
• “Company” shall mean M/s. Indiabulls Distribution Services Limited, a company as defined under the Companies Act, 2013 and having its registered office at M-62 & 63, First Floor, Connaught Place, New Delhi - 110 001.
• “User(s)” shall mean an individual or corporate who visits the Website of the Company whether to avail the Service(s) of the Company through the Website or otherwise.
• “User’s Information” shall mean the database of all the particulars and information supplied by the User(s) on the website, including but not limited to the User’s name, telephone number, mailing address, account and email address.
• “Website” shall mean the website of the Company viz. www.ibhomesearch.in
• “Service(s)” shall mean the service(s) to be provided by the Company to the User of www.ibhomesearch.in, including but not limited to the provision of following facilities:
i) Service to the User(s) who wish to procure a property through www.ibhomesearch.in and/or other internet links displayed on the Website.
ii) Service to the User(s) who wish to place any advertisement(s) on the Website.
iii) Service to the User(s) who wish to receive advertisements and promotional messages on www.ibhomesearch.in and through emails.
• Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
II. Commencement of Service
• The Service(s) shall be deemed to have commenced on the Commencement Date.
• All Users who access or make postings of information at www.ibhomesearch.in for the purpose of procuring any property listed at the Website shall not be levied any fee for such access and/or postings.
IV. Exclusive Right
• The Company shall reserve and exercise an exclusive right to display or to not to display/reflect, alter, modify, edit any content on the Website without any prior notice/intimation to the User(s). The User(s) understands that the content of the page(s) of the Website is for general information and use only and subject to change without notice.
V. Obligations of User(s)
• The accuracy/correctness of the User’s information given to the Company by the User(s) shall be the sole and absolute responsibility of the User(s).
• The User(s) shall ensure due compliance with all notice(s) or instruction(s) issued by the Company from time to time to enable the use of the Service(s).
• The User(s) shall be solely responsible for all information retrieved, stored and transmitted through the Service(s) by him/her/it.
• The User(s) acknowledges that the Website contains material which is owned by or licensed to the Company. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• The User(s) shall acknowledge that the unauthorized use of the Website may give to a claim for damage(s) and/or be a criminal offence.
• The User(s) shall be responsible for the set-up or configuration of his/her/its equipment for access to the Service(s).
• The User(s) shall indemnify the Company for any action or claim made/preferred by any third party resulting from any information posted on the Website by the User(s) and/or by anyone else on the User(s) behalf.
• The User(s) agrees to indemnify and keep the Company and its Director(s), Employee(s), official(s) indemnified from any wrong/false data entered into the Website and hereby warrants and covenants that all data entered into the Website is true and correct and belongs exclusively to the User(s) and not to any other third party.
VI. Prohibited Actions
• The User undertakes not to resell or assign his/her/its rights or obligations under these Terms & Conditions and also agrees not to make any unauthorized commercial use of the Service(s).
• The User(s) 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(s) shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User(s) on the Website except such data and information which is posted by the particular User(s) himself/herself/itself.
• The User(s) shall not use the Service(s) for any unlawful purpose including without limitation criminal purposes.
• The User(s) shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
• The User(s) shall not violate, or attempt to violate the security of the Website and/or any web sites linked to the Website or gain un-authorized access to any information regarded as confidential, including but not limited to accessing data and information not intended for them or logging onto a server or account which the User(s) is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
• The User(s) shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or the network system of the Website.
• The User(s) shall avail the Service(s) on the Website 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. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws.
• Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Website. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
• Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to the Website hosted on or through the Company, whether or not the messages were originated by the User(s), under the User(s)’s direction, or by or under the direction of a related or unrelated third party.
• The User shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that
(a) belongs to another person and to which the User(s) does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• The Company may, at its sole and absolute discretion and without assigning any reason whatsoever, at any time deactivate or/and suspend the User(s)’s access to the Website without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Terms and Conditions, the Company shall not be liable for any loss(es) or/and damage(es) or/and cost(s) or/and expense(s) that the User(s) may suffer or incur owing to such deactivation or/and suspension.
VIII. Violation of Terms & Conditions
• If the Company in its sole discretion, determines that a violation of the Terms & Conditions has occurred, then it may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from the Website or/and blocking the access of the User(s) who may have violated any Terms & Conditions.
Disclaimer of Warranties:
• The information, materials and services provided on or via this Website are provided on an "AS IS" and/or an “AS AVAILABLE” basis, without any warranties of any kind, express or implied, including but not limited to warranties of compliance with applicable laws, merchantability, fitness for a particular purpose, or non-infringement of third party rights including intellectual property rights. The Company does not warrant the accuracy or completeness of the materials or information displayed and/or made available on or via the Website. The Company further does not warrant that the Website, its servers, or e-mail(s) sent by the Company are free of viruses or other harmful components. The User(s) agree that the use of the Service(s) is at the User(s)'s sole risk.
• The Company makes no warranty that the Service(s) shall meet the User(s)'s requirements and/or that the Service(s) shall be uninterrupted and/or timely and/or secure and/or error free; nor does the Company makes any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained from the Service(s).
• All information on the Website is accepted in good faith and the Company accepts no responsibility whatsoever regarding the bonafide of the User(s).
• Neither the Company nor any third party whose information is/shall be displayed on the Website provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website for any particular purpose. The User(s) acknowledge that such information and materials may contain inaccuracies or errors and the Company expressly excludes liability(ies) for any such inaccuracies or errors to the fullest extent permitted by law.
• The use of any information or materials on this website is entirely at the User’s own risk, for which the Company shall not be liable. It shall be the User’s own responsibility to ensure that any product(s), service(s) or information(s) available through this website meets the User’s specific requirements.
• The User(s) shall ensure that while using the Service(s), all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems and/or the Service(s) shall at all times, be strictly complied with by the User(s) and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same by the User(s).
• The Company does not warrant that the Website or any of the websites linked to the Website be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
• This Website is vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and the Company does not accept any liability for any consequence(s) that may arise therefrom.
X. Limitation of Liability
• In no event shall the Company, or any person or entity involved in creating, producing or distributing this Website or the Website’s software be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website.
• In addition to the terms set forth above neither, the Company, not its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or unauthenticity of, the information contained within the Website, or for any delay or interruption in the transmission thereof to the User(s), or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. The Company, its affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither, the Company, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of any information.
• The User(s) agrees that neither the Company nor its group companies, directors, officers or employees 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(s) and/or data and/or information displayed on the Website and/or arising from any other matter relating to the Service(s), including but not limited to, damages for loss of profits and/or punitive and/or consequential damages, even if the Company has been advised of the possibility of such damages.
• The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the Service(s) on the Website or any other related site due to or arising out of technical failure and/or malfunctioning or otherwise and the User(s) hereby undertakes that in such situation(s), the User(s) shall not claim any right/damages/ relief, etc. against the Company for “Deficiency of Service” under The Consumer Protection Act or any other prevailing Act/Rules, etc.
• The Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the Website’s mobile application on the User(s) mobile phone.
XI. Use of Information/Data Supplied
The User(s) hereby agrees and irrevocably authorizes that the Company has the right to:
• Use for the Company’s own purpose, any data and/or information supplied by the User(s) in connection with this Terms and Conditions, and/or pass on such information to any other associated companies or selected third parties.
• Retain all data or/and information supplied by the User(s) while using the Service(s) for the exclusive use of the Company. All such data and information shall remain in the Company’s property, records and databases as the exclusive property of the Company, for all times to come.
• By entering mobile number on the Website while registering for an account or receiving alerts, contacting a property seller/buyer, User(s) gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the User, irrespective of whether the same is on the DNC list or any other such data base. In case User does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with the Company on its Website.
The User(s) does hereby indemnify and shall keep indemnified, defend and hold harmless the Company, its affiliates, group companies and their directors, officers, employees, agents, third party service providers, and any other third providing any service to the Company in relation to the Services whether directly or indirectly, from and against any and all loss(es), liability(ies), claim(s), damage(s), cost(s) and expense(s), including but not limited to the legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, the use of the Service(s) and/or the use of the Website and/or due to any breach and/or non-performance of any terms of the instant Terms and Conditions by the User(s), including any representation, warranty, covenant or agreement made or obligation to be performed by the User(s) pursuant to this Terms and Conditions.
• For the purpose of instant Terms and Conditions and any attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the project(s) or to a party (the “Disclosing Party” herein the Company ) or any other members of the Disclosing Party’s group of companies (including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the “Receiving Party”, herein the User(s)), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its associates to be confidential, and not generally available to the public.
• The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it, except to any of the Receiving Party’s associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its associates to whom such disclosure is made will act in accordance with the instant Terms and Conditions as if each of them were a party to instant Terms and Conditions and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
• Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User(s) without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
• On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information.
• All information and data submitted by the User(s) shall become the property of the Company.
• All confidential information (including name, e-mail address etc.) voluntarily revealed by the User(s) is done at the sole discretion and risk of the User(s). If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
• All copyright and/or know-how and/or any other related intellectual property rights to the Service(s) or the Website shall become and remain the sole and exclusive property of the Company and the User(s) shall have no claims to the same. In the event the User(s) has contributed any content to Website in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User at any time uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User(s).
• Without prejudice to the other remedies available to the Company under the instant Terms and Conditions or under applicable law(s), the Company may immediately limit the User's activity and/or warn other users of the User's actions and/or temporarily / indefinitely suspend / terminate the User's registration, and/or refuse to provide the User(s) with access to the website if:
i) the User is in breach of the instant Terms and Conditions and/or the documents it incorporates by reference; or
ii) The Company is unable to verify or authenticate any information provided by the User; or
iii) The Company believes that the User's actions may infringe on any third party rights and/or breach any applicable law or otherwise result in any liability for the User(s) and/or other users of the Website.
XV. TERMINATION OF AGREEMENT AND SERVICES
• Either the Company or the User(s) may terminate the instant Terms and Conditions and any of the Service(s) with or without cause at any time to be effective immediately.
• The User(s) agrees that the Company may under certain circumstances including but not limited to breach by the User(s) of the instant Terms and Conditions, requests by enforcement or government agencies, requests by the User(s) etc. and without prior notice, immediately terminate the User's user id and access to the Website/Service(s).
• The instant Terms and Conditions may be terminated by either the User(s) or the Company through a written notice to the other. The Company shall not be liable to the User(s) or any third party for termination of any Service(s).
• Upon termination of the instant Terms and Conditions, the User's right to use the Website/ Services and software shall immediately cease. The User(s) shall have no right and the Company shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User(s) or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User(s) has stored on the Website may not be retrieved later.
XVI. Discontinuation or Modification to Services
• The Company reserves the unilateral right to add to and/or change and/or delete and/or end the Service(s) at anytime with or without notice to the User.
• There shall be no liability on behalf of the Company to the User(s) or any third party in case the Company exercises its unilateral right to modify or discontinue the Service(s)
XVII. Force Majure
• The Company shall not be liable for any failure to perform any of its obligations under the instant terms and Conditions or provide the Service9s) or any part thereof if the performance is prevented, hindered or delayed by a Force Majeure Event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure Event continues. "Force Majeure Event" means any event due to any cause beyond the reasonable control of any Party, including, without limitation, unavailability of any communication system, breach or virus in the systems, fire, flood, explosion, acts of God, civil commotion, riots, insurrection, war, acts of government.
• The failure of the Company to exercise or enforce any right or provision of the instant Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of instant Terms and Conditions is found by a court of competent jurisdiction to b e invalid, the parties agree that the other provisions of instant Terms and Conditions shall remain in full force and effect.
XIX. Governing Law and Jurisdiction
• It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User(s) of the Website and/or of the Service(s).
• The User(s) agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service(s) or the Website must be filed within 30 days after such claim or cause of action arose or be forever barred.
• All information of whatsoever nature received from the User(s) is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
• The instant Terms and Conditions and any dispute or matter arising from incidental use of the Website and/or the Service(s) is governed by the laws of India and the User(s) and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions.
XX. Acknowledgment and Acceptance of Terms and Conditions
• The instant Terms and Conditions constitute a binding contract between the Company and the User(s) with regard to the access and use of the Website and/or the Service(s).
• Access of the Website by the User(s) constitutes an acknowledgement and acceptance in full and without any modification and/or exception by the User(s) of the instant Terms and Conditions. If the User(s) does not agree with any part of such terms, conditions and notices as stated in the instant Terms and Conditions in any manner, the User(s) must not access the Website.