Terms and Conditions
a) This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The domain name www.justcommercial.in ("Website"), including its online services, such as use of software on Website to offer leasing and property management services for residential and commercial properties, and also, provides rental property supervision and management, from rent collection, tenant relations, evictions and mortgage and bill payments and property maintenance, etc. and information, text, graphics, images and information obtained from service providers, any other website linked to this website, and any other material contained on the Website ("Materials") or provided by Website is owned and operated by NR BIZTECH (“Firm”) a proprietorship firm, and having its registered office at, No. 2, Survey No. 44, Ambalipura, Balaji Layout Bellandur Gate Near Sarjapur Big Bazar, Bengaluru, Karnataka 560103, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
i. The term ‘You’ &‘User’ shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
ii. The terms ‘We’, ‘Us’ & ‘Our’ shall mean the Website and/or the Firm, as the context so requires.
iii. The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
iv. “Effective date” means the date of acceptance of this agreement.
v. “Agreement” is defined as the agreement between the user/Property Owner / Tenant / Property Advisor and the Firm governed by the Terms and Conditions of service.
vi. “Property Owner” means the individual or Firm or entity who listed his/her property on the website for property management, rent etc.
vii. “Tenant” means the individual or Firm or entity, leases the property or takes property on rent which is listed on the website with reference to Firm or property advisors.
viii. “Property Advisor” means any Firm or individual utilizing Firm’s platform to offer services to customers or clients.
ix. “Commission” means amount payable to Property Advisor in lieu of service contract.
x. “Order” means a request confirmed by the User for the Services.
xi. “Services” means online services provided or performed by the Firm for the User through its Website.
xii. “Indemnified party” means NR BIZTECH and its subsidiaries, affiliates, officers, agents, employees, members, representative and agents.
xiii. Users include both the Subscriber/Advertiser(s) and Browser/Visitor(s).
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy. If you do not agree with any of these terms and conditions then you should not access or use the website/app.
h) The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
i) These terms and conditions also apply on all registered Users as well as unregistered Users in respect of all new services or features introduced on website in future as well.
j) The user name and password are either allotted by Firm or chosen by the Subscriber or agreed upon by the Firm. It is made abundantly clear that only the authorized User has the right to access the Services so offered by the Firm.
k) The Firm, reserves its right to withdraw wholly or in partly, without assigning any reason, any of website services or properties with or without any notice.
2. OUR SERVICES
The Firm is technical facilitator that aims to provide a platform for accessing services and information related to real estate. It offers an array of online services relating to real estate/property including listing and search of properties on the website for leasing and property management services for residential and commercial properties through its portal www.justcommercial.in. The Firm disclaims any warranties express or implied connected with use of the Website including its quality, availability or accuracy, which are provided on an "AS IS" basis.
3. SERVICE CONTRACT
The Users expressly acknowledges, agrees and understand that:
a) The Firm is merely a platform where users may act as a Property Owner or Tenant or Property Advisor etc.
b) User acknowledges that she/he is not an employee of the Firm and further they are not directed or supervised or controlled by the Firm.
c) Firm shall not hold any liability arises from service contract or any act or omissions of users.
d) The Firm makes no representation as to the reliability, capability or qualifications of any property advisor or tenant or property owner or the quality, security or legality of any services.
e) The Firm does not ensure the accuracy of, endorse or recommend any content and the User uses such Content at the his/her own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence.
f) User shall limit access to and use of listings, deals 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.
g) User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device.
h) User further shall not use the Service provided by the Firm in any other manner for or in connection with any other listing Service or device.
i) Users violating these specific terms, specifically those Users 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.
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
Whichever is longer? The Parties agree that certain portions of these Terms (“Sections”), such as Sections 11, 13, 14, 15 & 16, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
a) The Firm reserves the right, in its sole discretion, to remove user / Property Owner / Property Advisor / Tenant to access the website and also has a right to terminate the access of the services offered on the Website/App, or any portion thereof, at any time, without notice or cause.
b) User / Property Owner / Property Advisor / Tenant may make a request of termination but they are not entitled to any refund of payment.
c) The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Section 4 herein above.
7. SERVICES TO BE RENDERED BY THE WEBSITE
a) It provides online service to the Users desire to list or search the properties for the purpose of leasing and property management services for residential and commercial properties through its portal www.justcommercial.in.
b) The Firm acts as a facilitator and it just provides platform to Property Owner / Property Advisor / Tenant and related parties, it doesn’t provide any assurance to any party with respect to any conversion/deal etc. It does not also ensure the sellers that the property which they had listed on website will be definitely leased or rented out.
c) The Firm will Advertise, list, market & promote the property in its web portal and also it hold, Operates and Control the property;
d) The Firm will partner with qualified and verified vendors for property management services.
e) The Firm provide real estate services to the Users who wish to receive information and promotional messages on and through Emails hereinafter.
f) To publish on the Website/App contact information about the registered service User in its online portal, its locations, User profile, advertise their services, posting the request of the User, upload photos, events, seminar information, and fee schedule and consultation by experts like brokers or investors and a complete "Profile page".
g) To being the transaction promoted, the Firm reserves the right to share or circulate user’s information with the brokers as well as on its website/app/Social Media Accounts/Promotional activities etc.
h) The Firm reserves the right in its sole discretion, to choose listing of properties or to make a choice in wide selection for listing of properties on website/app.
i) To provide a log-in-id and password to enable registered User to create, update, and make any changes in its Profile Page as required.
j) To facilitate e-mail communication between Website's registered users and the registered Service provider (Brokers, Investors or Advisers) third Party, to enable Users to make and receive queries and/or book or confirm appointments for various property related matters.
k) By using this Website, and providing his/her contact information to the Firm through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect to [mention Email id] with the subject [mention subject]. The User agrees and acknowledges that it may take up to seven (7) business days for the Firm to give effect to such a request by the User.
l) The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Firm or any of its affiliates / partners relating to any service availed of by the User/member on the Website or anything pursuant thereto.
m) It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Policy.
n) The Firm may provide links to other third-party World Wide Web sites or resources; however Firm makes no representations whatsoever about any other Web site user may access through the Firm’s website/app.
o) The Firm may collect Personal Information about your on-line activities over time and across third party websites or on-line services when you use our Website or the Services. Other parties may also be able to collect Personal Information about your on-line activities over time and across third party websites or on-line services when you use our Website or the Services.
8. RESPONSIBILITIES OF REGISTERED USER
a) The Users shall agree that he will not claim or submit listings that do not belong to him.
b) If User are a developer or promoter, as defined under the Real Estate (Regulation and Development) Act, 2016 (‘RERDA’), than he must represent that the project, being advertised and disclose the information using the medium of website, and he has been duly registered with the Real Estate Regulatory Authority and satisfies all the requirements specified under the said Act.
c) If Users are a real estate agent, as defined under the RERDA, than he shall represent that he is duly registered real estate agent as defined under the said Act. He shall agree that, he will not facilitate/advertise/list the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter/developer in any planning area, which is not registered with the Real Estate Regulatory Authority. He/she also agree that he/she will not permit publication or advertisement of services, using this website as a medium, that are not intended to be offered in the real estate project.
d) If, the user is Property Owner, furnish the Firm with a complete set of general plans and specifications for letting out the Property , monthly rent and tentative list of Furniture, Fixture and Fittings and copies of with all documents and records required for the management of Property.
e) If, the user is Property Advisor, he/she shall use online/offline Guidance and Counseling services in connection with and approved by NR BIZTECH.
f) The User agrees to keep the information confidential provided by the Firm Further agrees to never use or transfer such information for any illegal or harmful purpose.
g) The Property Advisor would provide their entire range of services by own or through the service providers which include online ads, offline ads, personal interrogation with Property Owners, Property Advisors, Tenants, seminars, camps etc.
h) The property advisor shall aware service provider about Website/App/Software of the Firm.
i) The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the websites services.
j) The User shall promptly make the payment to the Firm towards the Services availed as and when it becomes payable.
k) The User agrees to indemnify the Firm for any action or claim made by any third party resulting from any information posted on the site by the User or/and anybody else on his behalf.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the Firm or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Policy.
a) Payments for the Services offered by Firm shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the Firm.
b) The Firm offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
c) The Firm reserves the right to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to Firm under any other agreement or commercial relationship towards other products/services. The Firm gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only.
d) The Firm undertakes no liability for free Services. The Firm reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
e) Payment is not refundable once the services subscribed by the users. The refund policy will administer on Firm’s discretion.
f) If the Tenant fails to pay the outstanding amount under this agreement, whether by cancelling tenant’s credit card, initiating an improper charge back, or any other means than Firm has a right to stop work-in-progress. Firm may set off his amount against the other amount received or held from customer / client.
g) Firm has a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
10. SERVICES CHARGES
a) The use of this Website by the User, including browsing the Website and availing any services offered therein is free of cost. The User is only required to pay royalty / commission on the property leased or rented or for any other services availed through the Website. However, the Firm reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
b) The Firm reserves the right to change the fixed transaction fees charged to the user at its sole discretion. In the event of such a change, the same will be informed to the User 15 days in advance.
11. MODE OF PAYMENT
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Net banking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’.
As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of. Third party payment gateways will be used for all services in our site. To place a valid order on the Website, the User is required to complete the transaction; including making payment for the product / services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the site or over the phone, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated websites where reference to such affiliated websites has been specifically made.
After the user has added products / services to the website, and proceeded to the checkout section, the user will be asked for his/her preferred delivery address and other contact information. Once the payment transaction has been successfully completed, the user’s order will be processed on receipt of the funds from the user’s bank or the credit card Firm. It is at this stage that the users order is successfully placed. Thereafter the products/ services purchased by the user will be shipped based on the product availability and completion of logistics operations related to the same.
12. IDENTITY AND SECURITY
a) The Firm reserves the right to validate user information at any time but not limited to third party database or verification of one or more official legal documents of government.
b) The Firm is authorised to make an enquiries regarding the validation of identity and to confirm the ownership of user’s email-address or financial accounts. Failure to provide information on user’s part will violate or vitiate the agreement.
c) The user is solely responsible for maintaining the secrecy and security of his/her account password.
d) The user is obliged not to disclose his/her password with anyone. If user finds that their password is being hacked than they shall immediately report to the Firm.
e) All the Transactions made on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties.
f) The User’s credit and debit card information is not received, stored by or retained by the Firm / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
13. PROHIBITED ACTIONS
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Firm. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of 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 Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website, as detailed in Section 12 herein below. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Firm disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Firm/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Firm’s Website, and that the Firm/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Firm may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable /offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Firm.
d) Further User undertakes not to:
i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Firm to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Firm/Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Firm.
e) The User hereby expressly authorises the Firm/Website to disclose any and all information relating to the User in the possession of the Firm/Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Firm/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
f) The User expressly agrees and acknowledges that the Firm/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Firm/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party (ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
14. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Firm may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If Firm is unable to verify or authenticate the user’s information;
d) If the user fails to make the payment to the Firm in connection with the service contract;
e) If the User’s actions may cause any harm, damage or loss to the other users or to the Website/Firm, at the sole discretion of the Firm;
f) If User’ copies or duplicate the content or other information available from the Website.
If once the user gets suspended or the agreement is terminated than the user can not use Firm’s platform under a different account and/or under new account. If the Firm finds so, than Firm has a right to reclaim the available funds in that account.
15. INDEMNITY AND LIMITATIONS
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Firm, its directors, affiliate vendors, employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Firm/Website be liable to compensate the User 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, and whether or not the Firm/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the products, services or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Firm/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
16. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Firm. Furthermore, with respect to the Website created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.
The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/Firm, or to the User. The User is aware that the Firm merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and the neither the Firm nor the Website owns any of the intellectual property relating to the products displayed on the Website.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
17. DISLAIMER OF WARRANTIES AND LIABILITIES
a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The Firm/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a products or services for a particular purpose.
c) The Firm shall not be responsible for the advice, views and suggestions provided by the expert.
d) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.
e) The Website and the Firm accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
f) The Firm/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
g) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy. If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.
Any comments, ideas, suggestions, information, initiation, or any other content contributed by the User to the Firm or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Firm to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Firm/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Firm/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Firm/Website, for its use of any such information provided to it by the User. The Firm reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
19. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be the city of Bangalore, in the state of Karnataka, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Karnataka shall have exclusive jurisdiction over any disputes arising between the Parties.
Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User reducing the same to writing, and sending the same to the registered office of the Firm by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
21. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.