The website, www. realestateindia.com ("Site") is an electronic web based platform for exchanging, exploring and enhancing business online for real estate, housing and property in India.. It is owned and managed by Weblink .IN Pvt. Ltd. ("Company") with its registered office at 33 & 33A, Rama Road, Industrial Area, Near Kirti Nagar Metro Station, New Delhi, 110015 (India).
User: For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with RealEstateIndia.Com as a registered User or whether said User is a paying User for a specific service provided by RealEstateIndia.Com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.
Un-Authorized User: - Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized User' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
Free Services: Any person/entity that joins the portal www.RealEstateIndia.com just with the intention to enlist his listing and showcasing his business online without availing any specialized services thereto.
Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder. By using the Site and its Services, the Users represent and warrant that (a) All registration information submitted is truthful and accurate; (b) The User will maintain the accuracy of such information; (c) The User is 18 years of age or older; and (d) The use of the Site does not violate any applicable law or regulation. (e) User's profile may be deleted and his Membership may be terminated without warning, if we believe that user is in breach of any of the above terms. (f) In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortuous action, arising out of or in connection with the use of the site.
That the Users agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. If any User/individual; /entity become aware of any inappropriate content by any User of this site, or otherwise please contact us by clicking on the "Feedback" link at the footer of every page.
The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site have posted ONLY products and services on which they have complete authorization / ownership / dealership / selling rights. As an INTERMEDIARY, our role is limited and in case you have any concern related to copyright infringement then we shall appreciate if the same is to be brought to our notice. The Site neither advocates / endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.
That the Site shall not be liable for any such information or data which is not within its knowledge / acknowledgment / contraventions / copyright issues committed by its Users and which is beyond the control of verification.
That the Site shall have a sole discretion regarding deletion of his User's classifieds/listing/if the same is found to be in contravention of the various copyright right/intellectual property right rights of third party. That the present clause is in compliance with the INFORMATION TECHNOLOGY ACT 2000 and hence no discussion/argument shall be entertained in any case and in any circumstance.
This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, that in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to RealEstateIndia.Com and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.
RealEstateIndia.Com may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by RealEstateIndia.Com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of RealEstateIndia.Com.
Membership is activated within 2 working days from the receipt of activation charges and is continued for the period for which the activation charges have been submitted, however the Web pages are created as per the information/approval provided by the User and may take some time however no relaxation will be provided/allowed for the said period..
Users be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and RealEstateIndia.Com or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The Users are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problem.
Membership charges are subject to revision and are at the discretion of the RealEstateIndia.com.
The Weblink reserves their right to block or delete the webpage at any time without assigning any reason etc. and the User's will have no claim or right whatsoever against Weblink under any circumstances.
Users agree to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of RealEstateIndia.com, Weblink .IN Pvt. Ltd.
Proprietary Rights in Content on RealEstateIndia.Com
RealEstateIndia.com owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of RealEstateIndia.com. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.
Intellectual Property Rights
All logos, brands, trademarks, registered marks ("Marks") appearing in RealEstateIndia.Com are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the User any license or right to use 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.
Payment and Refund Policy
Payment for memberships:
All payments for services at RealEstateIndia.Com have to be made in favour of "Weblink .IN Pvt. Ltd." only. All payments need to be made on 100% advance basis to continue to use uninterrupted Paid Services.
We have not authorized any individual or organization to collect payments in any other name (i.e. any other individual or organization name) or via personal Western Union or personal Paypal Accounts for any services rendered by RealEstateIndia.Com. You are informed that under no circumstances will RealEstateIndia.Com be liable for any damage caused due to your transactions / payments made to / in favour of such fraudulent individuals or organizations. To protect your interests, please contact us immediately if any such fraudulent individual or organization tries to mislead you.
The User, who is liable to pay Subscription Fees, shall pay it on demand even if the User disputes the same for any reason. In the event that the Company deciding the dispute to be in the User's favor, the Company shall refund to the User any excess amount paid by the Member free of interest. In the event of late payment by the User of any sums due under this Agreement, the Membership and the services would stand terminated.
Refund / Money Back Policy:
Once subscribed, the payment made by the User for Paid service is not refundable and no claim for refund would be entertained. RealEstateIndia.Com neither offers any guarantees for the accuracy, timeliness, authenticity nor advocates any of the content posted by the other Users. All the services are on a best effort basis.
Refund on the basis of fraudulent transactions
The User is solely responsible for maintaining confidentiality, as well as all the activities and transmission performed through his My Folder. He/she shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions. RealEstateIndia.Com assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online / off-line.
Refund on the basis of change in preference / delay in process
As we at RealEstateIndia.Com keep up high interactions with our clients and carry out the entire process with their approval thus there is no provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent for processing immediately. Your personal preferences changed in the course of time, cannot serve a reason for refund or charge back.
In the event of a violation of any of the above mentioned covenants by the User, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity, which leads to the said violations, and in the event the User continues with such activity, the Company has the sole authority to terminate or suspend the membership at RealEstateIndia.com and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the User.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the RealEstateIndia.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. RealEstateIndia.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.
As RealEstateIndia.com is an online platform so it cannot guarantee confidentiality of information provided by Users who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of RealEstateIndia.com.
The User is entitled access to his own data and information stored in the database at RealEstateIndia.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.
The Users need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) to anyone resulting in unsolicited messages from third parties then such interaction is beyond the control and liability of RealEstateIndia.com.
RealEstateIndia.com is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc.
The copyright, know how or any other related intellectual property to the Service or RealEstateIndia.com shall be the sole and exclusive property of the Company. In the event the User has contributed any content to RealEstateIndia.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the User shall have no right or claim over the same. In the event the User during the term of his agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same can be construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.
The information provided by the user of RealEstateIndia.com shall be in accordance to the respective laws. The information/data provided by the user may be used by all divisions/sister concerns/ventures of the RealEstateIndia.com to carry out the purpose of the project, whereas in no case it shall be communicated/ transformed/spread to any company/third party or whatsoever for any other commercial usage without the consent of the user.
Updating/modification/deletion of user's data/ information shall be done on the written request of the user himself or his representative or his authorized person only.
By using this Site, the Users understand that all the information provided by you including and not limited to the company's information, property listing details are being submitted in the Site and by registering on this Site, you agree that the information posted by you is a public document that can be accessed by other Users of the Site. You agree and consent that RealEstateIndia.Com can use all the information provided by you to help you in the pursuit for find a buyer / seller by either forwarding the requirements to registered Users or by showcasing your property listing on the Site's search displays for the candidates (Visitors / Users) to see and contact.
RealEstateIndia.com is committed to respecting the online privacy of its Users and doesn't intend to sell, rent or share the Personal Information of Users to Third Party. The Site shall not transfer any such information unless it is legally required or to provide services to support your search for candidates. You agree to not hold RealEstateIndia.com liable for any breach in privacy due to technical or any other means.
RealEstateIndia.com strives to provide a safe, secure User experience. The Site is committed to protect your Privacy but cannot guarantee / promise the same and you understand and agree that you assume all responsibility and risk for your use of the Site.
Being an Intermediary, the role of the Site is limited to providing a platform for the Users to interact and we have no control over the data usage practiced by the Users who use the services of the Site.
By using the Services of the Site you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the Services offered by the Site and consent that RealEstateIndia.com can contact your for offers, updates, service-related information, send newsletters, for feedback, surveys, promotions, contests etc.
The pages on the Site utilize "cookies" and other tracking technologies mainly to improve the User experience on our Site and analysis of traffic is undertaken to reveal the trends and statistics.
RealEstateIndia.com advises its User to exercise complete caution while completing online transactions and it is the sole responsibility of the User to verify and validate the information present on the site as well as the people whom they choose to interact with. RealEstateIndia.com shall not be responsible for any loss / damage due to negligence of the User. You have sole authority to access and update all the information posted by you on the Site and it is your responsibility to keep the same updated. It is strictly advised that Users respect the Privacy of other Users as well as keep their profiles updated. Access to services of the Site including updation / deletion of profile may be restricted / denied if it comes to the notice of RealEstateIndia.com that this would violate anybody else's rights or if so requested by a legal entity.
Limitation of Liability
Refund Property Leads
Request for refund of Property leads on account of non-contactable contact details need to be brought in notice within 5 days of purchase, failing which the request would not be entertained.
No refund requests owing to cancelled or fulfilled leads would be entertained as these are beyond the scope of the Site since we have no role in monitoring the deal finalization, transactions or preferences of the Users.
The refund request cannot exceed 25% of the assigned Property leads quota and the request can be processed directly via the member folder in which the refund option would be inaccessible once the limit is exceeded irrespective of the reason cited for refund.
Website designing services
Website designing service is one of the deliverables with some of the Paid Services and the Site reserves the sole rights on its technical maintenance. Each User hereby agrees to indemnify and save the Site/Company, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise due to interruptions because of Third Party Services, technical errors while uploading or after hosting of website.
As Website designing service is a free service with some of the Paid Services, hence the Site retains the sole rights of all the technical details including FTP details. No claim(s) shall be entertained regarding the same. Since the data of the template based website is driven through the centralized database of the Site, hence it is non-transferable on any other server and any such attempt would render the website non-functional.
The Users hereby agree to extend full cooperation in assimilation of the information required for site development and approve of correspondence by phone/mail. Reminder mails would be sent if the Users do not respond to calls/mails and/or do not provide the details/material requested and/or do not provide necessary approvals/feedbacks on progress of website/incomplete material/ incomplete images/layout/ hosting of website etc. The website designing service would be terminated / lead as per the company policy if no revert is received from the User after the 2nd reminder mail. Re activation of website designing services / request for modification would be only on paid basis.
On completion of the website development, the temporary link would be sent to the Users and modifications would be entertained only if the same are sent within the next 5 days. On lapse of the 5 days, if no feedback is received, it would be deemed as consent for hosting the site on the domain.
All changes, after website hosting would be undertaken on paid basis.
Any exception / flexibility in the above circumstances would be at the sole discretion of the Site and would require a written request from the User.
Use of Data
The User hereby agrees and irrevocably authorizes the Company to:
The Users who are sellers such as Project Developers / Builders / Real Estate Agents shall obtain necessary registration under the said Act and ensure all necessary compliance with the rules, regulations and guidelines of RERA Act 2016. It is mandatory that these Users disclose all the requisite information and relevant details as prescribed in the RERA Act 2016. RealEstateIndia.Com neither guarantees nor offers any warranty about the information including RERA credentials posted by the Project Developers / Builders / Real Estate Agents as well as their compliance.
The Site recommends that the Users refer the respective RERA websites, as may be applicable, of the respective State where the Project / Property is registered for complete procedures as well as accurate information related Project / Property posted on the Site by Project Developers / Builders / Real Estate Agents and advises the Users to take all efforts to make necessary verifications before proceeding for finalization / transactions.
In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, any claims arising due to inaccurate / discrepant information posted on the Site.
The Company makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained at RealEstateIndia.com.
The Company reserves the right to amend the terms and conditions contained herein and in the Services Guide at any time upon notice (in such form as may be determined by the Company) to the User.
The Terms and Conditions of this agreement will be updated from time to time and posted at RealEstateIndia.com. The User should visit the site periodically to review the Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
The Users are solely responsible for your interactions at RealEstateIndia.com and RealEstateIndia.com reserves the right, but has no obligation, to monitor disputes between Members.
RealEstateIndia.com will not be party to any legal proceedings between User and any other registered or free User for any transactions through the Site. RealEstateIndia.com will always abide by governing / legal authorities order and cooperate fully through the process, but the costs of the same shall be recovered from the party that has implicated PlaceentIndia.com in such case.
Matter of Disputes and Jurisdictional Aspects
For any kind of legal dispute related to RealEstateIndia.com would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction
This Agreement and any dispute or matter arising from incidental use RealEstateIndia.com is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a User of the RealEstateIndia.com, contains the entire agreement between you and RealEstateIndia.com regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.