Introduction
1.1. These Terms of Use (“
Terms ”) constitutes a legally
binding agreement between you, the user of the Platform (defined
hereinbelow) (“
You” or the “
User”) and Aalya Technologies
Private Limited (the “
Company”/ “
We”/ or “
Us”)
regarding the use of the mobile application/ website of www.vREfyd.com
(the “Platform”) or the domain thereof and any service offered or deemed
to be offered by the Company including but not limited to delivery of
content via the Platform, any mobile or internet connected device or
otherwise, and the services as set out in Para 4 hereinbelow
(collectively referred to as the “
Service(s)”).
1.2. Your use of the Platform and Services and tools are governed
by the following terms and conditions which are stated herein. By mere
use of the Platform, you shall be contracting with the Company, the
owner of the Platform. These terms and conditions including the policies
referenced herein constitute your binding obligations, with the Company.
Therefore, it is imperative that before using the Platform you acquaint
yourself and understand the applicability and consequential application
of these Terms.
1.3. When You use any of the Services provided by Us through the
Platform, You will be subject to the rules, guidelines, policies, terms,
and conditions applicable to such Service, and they shall be deemed to
be incorporated into these Terms and shall be considered as part and
parcel of these Terms.
1.4. The Company may amend/modify these Terms at any time, and
such modifications shall be effective immediately upon posting of the
modified Terms on the Platform. You may review the modified Terms
periodically to be aware of such modifications and your continued access
or use of the Platform shall be deemed conclusive proof of your
acceptance of these Terms, as amended/modified from time to time. The
Company reserves the right to suspend the operations for support or
technical upgradation, maintenance work, in order to update the content
or for any other reason. without intimating any User in advance.
2. Defined Terms
Unless otherwise specified in these Terms, the capitalized words shall
have the meanings as defined herein below:
2.1. “
Agreement” shall mean and include the completed
Application Form, its attachment(s) and the terms and conditions stated
herein. It shall be deemed to have been executed at Bangalore,
Karnataka;
2.2. “
Application Form” shall mean form
to be filed by User at the time of registration on the Platform;
2.3. “
Company” shall mean Aalay Technologies Private
Limited, an existing Company under the Companies Act, 2013 and having
its registered office at 12th Floor C Wing, Mittal Tower, New no 21, Old
no 6/47, M.G. Road, Bangalore, Karnataka 560001, India;
2.4.
“
Date of Commencement” is the date indicating the acceptance of
the application by the User to the Services;
2.5. “
Date of Termination” is the date of expiry
mentioned in the notice or/and the letter of termination and/or the date
when the Services are supposed to end;
2.6. “
vREfyd.com” is defined as the internet website or
mobile application of the Company at
www.vREfyd.com; and
2.7 “
User” will include everyone who is a subscriber of
Services on the Platform, an advertiser of advertisements on the
Platform, real estate agents or brokers who are listing properties for
sale, persons interested in buying property, and browser/visitor of the
Platform, either as an individual or corporate subscriber for the
Services, and the signatory whose particulars are contained in the
Application Form, along with their successors and permitted assignees.
“
User” or “
You” also includes any person who accesses or
avails the Services provided by the Company for the purpose of hosting,
publishing, sharing, listing, transacting, viewing, displaying or
uploading information or views and includes other persons jointly
participating in using the Services provided by the Company.
2.8. Words importing persons includes individuals, bodies
corporate and un-incorporated.
3. Term 3.1. These Terms shall continue to form a
valid and binding contract between the Parties and shall continue to be
in full force and effect till the User continues to access the Platform
and avails the Services.
4. Services
4.1. The Company provides a number of internet-based Services
through its Platform which include:
-
intelligence assisted property discovery through vREfyd.com and its
integrated online platforms, offering a range of property options
for sale and purchase;
-
Advanced property matching based on specific preferences, including
precise filtering of features like location, price range, property
type, and amenities;
-
Unrestricted access to real estate listings, with the ability to
unlock detailed property information aligned with specific
requirements;
-
Listing properties for sale, with support for related property
management services;
-
Artificial intelligence to enhance property images, ensuring the
photos of the property are optimized and presented in the most
attractive manner;
-
Scheduling property visits with automated email reminders and
calendar integration, customized to availability and property
interests;
-
Personalized User profiles with the ability to share preferences and
saved properties with others as needed, enhancing collaboration and
decision-making;
-
Advertising and promotional campaigns delivered via email and SMS,
maximizing property visibility and engagement with potential buyers;
-
Support through the mortgage and financing process, with expert
guidance on securing the financing options tailored to property
investment; and
-
Professional interior design services to help visualize and enhance
the aesthetic appeal of the real estate property, tailored to style
and budget.
-
Such other services, as may be required by existing and potential
clients of the Company to enhance their real estate investment and
transaction experience(s).
4.2. The Services can be purchased through various methods of
payments offered. The purchase of Services shall be additionally
governed by specific policies of sale, like subscription fees, payment
and refund policy, cancellation policy etc.
5. Eligibility
5.1. Accepting the Terms will constitute a legal contract between
You and the Company. Consequently, any User who is “incompetent to
contract” within the meaning of the applicable laws shall not be
eligible to use the Platform. The Company reserves the right to
terminate Your account and/or deny access to the Platform if it is
brought to the Company’s notice that You are at any point of time deemed
legally incompetent to use the Platform.
5.2. You represent that You are competent to contract in terms of
the applicable laws and are not disqualified or have not been previously
suspended or restricted by the Company from accessing the Platform. You
also represent and warrant that You have the legal right, authority and
capacity to be bound by the Terms under the provisions of applicable
laws.
6. License Subscription Terms and Conditions
6.1. The Company offers a combination of Services which the User
may subscribe to, subject to the needs of the User, upon payment of
applicable subscription fees.
6.2. Liability for the payment of subscription fees shall accrue
from the Date of Commencement.
6.3. In case of any delay in the payment by the User of any sums
due under this Agreement, the Company shall have the right to charge
interest on the outstanding amount from the date the payment became due
until the date of final payment by the User.
6.4. The Company reserves the right to revise the fee of any
subscription plan without notice to the User at any time prior to, at
the time of, during the tenor or post subscription of the plan by the
User. The Company shall intimate the User of such revised fees and the
User undertakes to pay to the Company the difference in the amount after
such revision.
7. Cancellation
7.1. The Company reserves the exclusive right to cancel/ stop any
content whatsoever from being published or reflected on its website or
in any other mode. The cancellation charges payable to the User shall be
at the applicable rates as decided by the Company from time to time.
8. Security 8.1. Transactions on the Platform are
secure and protected. Any information entered by the User when
transacting on the Platform is encrypted to protect the User against
unintentional disclosure to third parties. The User's credit and debit
card information is not received, stored by or retained by the Company /
Platform 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.
8.2. To protect the secrecy of User identification and/or
password the User shall take all such measures as may be necessary
(including but without limiting to changing his password from time to
time and shall not reveal the same to any other person(s)).
8.3. Since a User identification is necessary to access the
Service, the User shall use only his own User identification.
8.4. It is agreed by the User that he acquires no rights to any
mailbox number or/and the User identification or/and circuit reference
or/and any codes assigned to him by the Company. The User further agrees
that except as otherwise provided herein, the Company reserves the right
to change or/and re-assign the same to the User, at its sole discretion
without being liable to the User for any kind of damages or/and relief
or/and any other consequence/s.
8.5. In the event of theft
or/and loss of User identification or/and password or/and security word,
the User shall notify the Company immediately via telephone or/and
concurrently in person provide the Company with a written notice to the
same effect. The User shall remain liable for use of the Services by any
third party until such theft or loss is notified to the Company.
8.6. The User shall not use any third party software to
automatically download or/and extract either a complete or/and partial
listing from vREfyd.com database without prior consent from the Company
in writing.
8.7. The Company shall in no way be directly, indirectly or
remotely liable for any fraudulent transaction or deduction of money
from the bank account of any User.
9. Obligations and Representations of the User
9.1. User agrees provide accurate, complete and correct
registration data on initial application for the Services.
9.2.
The User agrees that any data entered on the Platform will be subject to
mandatory verification process by the Company.
9.3. Any and all licenses, permits, consents, approvals and
intellectual property or other rights as may be required for using the
Services shall be obtained by the User at his own cost.
9.4.
The User will ensure compliance with all notices or instructions given
by the Company from time to time to enable the use of the Services.
9.5. The User understands and agrees that the User is
responsible for all applicable taxes and for all costs that are incurred
in using the Service(s).
9.6. The User shall be solely
responsible for all information retrieved, stored and transmitted by
him.
9.7. The User shall keep confidential and not disclose
to any person the User's password and User identification and all
activities and transmission performed by the User through his User
identification.
9.8. The User shall be responsible for all
the activities that occur on his/its display name and password.
9.9.
The User agrees to immediately notify the Company of any unauthorized
use / breach of his/its password or account and ensure to exit from the
account at the end of each session.
9.10. The User shall
immediately notify the Company of any un-authorized use of the User's
account or any other breach of security known to the User.
9.11.
The User shall promptly make the payment to the Company towards the
subscription fees as and when it becomes payable.
9.12. The
User is solely responsible for any data entered by the User on the
Platform. The User who has entered the data is fully responsible for any
wrong data entered and shall be liable for any and all action(s) taken
by third party (whether civil/criminal) with respect to any such
information or data provided by the User. The Company however shall, in
cases where it is possible for the Company to do so or upon receipt of
any complaint or communication in this regard, reasonably endeavour to
use the best industry practices, of weeding out all wrong data/ false
data entered by the User and undertakes to withdraw all such data from
the Platform within a reasonable time after verifying the complaint.
9.13.
The User agrees to indemnify and keep the Company indemnified from any
wrong/false data entered into and hereby warrants and covenants that all
data entered into the website is true and correct and belongs
exclusively to him/it and not to any other third party.
9.14. The User will not use the Platform in any way that is
unlawful, or harms the Company or any other person or entity.
9.15.
The User will not post, submit, upload, distribute, or otherwise
transmit or make available any software or other computer files that
contain virus or other harmful components, or otherwise impair or damage
the Platform or any connected networks, or otherwise interfere with any
person or entity’s use or enjoyment of the Platform.
9.16.
The User shall not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other systems or networks connected to
the Platform by any means. The User shall not probe, scan or test the
vulnerability of the Platform nor breach the security or authentication
measures on the Platform or any network connected to the Platform.
9.17. The User agrees not to use any device, software, or
routine to interfere or attempt to interfere with the proper working of
the Platform or any transaction being conducted on the Platform, or with
any other person’s use of the Platform. The User may not use the
Platform or any of its content for any purpose that is unlawful or
prohibited by these Terms.
9.18. The User shall at all
times ensure full compliance with the applicable provisions, as amended
from time to time, of (a) all applicable domestic laws, rules and
regulations (including the provisions of any applicable exchange control
laws or regulations in force, goods and service tax, income tax, central
excise, custom duty, local levies); and (b) international laws, foreign
exchange laws, statutes, ordinances and regulations regarding and
applicable to the use of the Services. The User shall not engage in any
transaction which is prohibited by the provisions of any applicable law
including exchange control laws or regulations for the time being in
force.
9.19. The User agrees that he shall not host,
display, upload, modify, publish, transmit, update or share any
information on the Platform, that: belongs to another person and to
which the User does not have any right; is defamatory, obscene,
pornographic, paedophilic, invasive of another's privacy, including
bodily privacy, insulting or harassing on the basis of gender,
libellous, racially or ethnically objectionable, relating or encouraging
money laundering or gambling, or otherwise inconsistent with or contrary
to the laws in force; infringes any patent, trademark, copyright or
other proprietary rights; violates any law for the time being in force;
impersonates another person; threatens the unity, integrity, defence,
security or sovereignty of India, friendly relations with foreign
states, or public order, or causes incitement to the commission of any
cognizable offence or prevents investigation of any offence or is
insulting any foreign states; contains software virus or any other
computer code, file or program designed to interrupt, destroy or limit
the functionality of any computer resource.
10. Prohibited Actions
10.1. The User is restrained from allowing any person other than
the authorized person(s) named in the Application Form to use the
Service.
10.2. The User undertakes not to resell or assign
his/its rights or obligations under these Terms. The User also agrees
not to make any unauthorized commercial use of the Services.
10.3.
The User 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.
10.4. The User shall not
use the Services for any unlawful and fraudulent purpose.
10.5.
The Services shall not be used to send or receive any message, which is
offensive on moral, religious, racial or political grounds or of
abusive, indecent, obscene, defamatory or menacing nature.
10.6.
The Users shall avail Services on vREfyd.com or any other related site
for lawful purposes alone. The User may use the information on our site
only to the extent necessary for availing the Services and to facilitate
the related transactions.
10.7. The User shall not use any
“deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Platform
or any content, or in any way reproduce or circumvent the navigational
structure or presentation of the Platform or any content, to obtain or
attempt to obtain any materials, documents or information through any
means not otherwise made available through the Platform. We reserve Our
right to bar any such activity.
10.8. User shall not engage
in advertising to, or solicitation of, other Users of the Platform to
buy or sell any services, including, but not limited to, Services
related to that being displayed on the Platform or related to Us.
11. Company’s Rights
11.1. In the event that the User breaches any of the
above-mentioned covenants, the Company shall have the right to delete
any material relating to the violations. The Company reserves the
unilateral right to suspend or/and deactivate the User's access to the
Platform and/or any other related facility in case of violation of terms
of use. In addition to the right to indemnity available to the Company,
the Company shall have the right to recourse to any legal remedy against
the User to recover the loss suffered by the Company and the harm caused
to the reputation of the Company, due to such violation by the User.
11.2.
In the event that the User breaches these Terms, the Company reserves
the unilateral right to suspend or/and deactivate the User's access to
the Platform and Services and/or any other related facility. Further,
Company at its sole discretion, permanently or temporarily, may
blacklist a User. In such cases, the unutilized amount paid towards the
Services being the agreed quantum of liquidated damages shall stand
forfeited by the Company. In addition to the right to indemnity and
damages available to the Company, the Company shall have the right to
recourse to any other legal remedy against the User to recover the loss
suffered by the Company and the harm caused to the reputation of the
Company, due to any violation of these Terms by the User.
11.3. The Company reserves the right, but has no obligation, to monitor the
materials posted on the Platform. The Company shall have the right to
remove or edit any content that in its sole discretion violates, or is
alleged to violate, any applicable law or the spirit of these Terms. In
no event shall the Company assume any responsibility or liability for
any content posted or for any claims, damages or losses resulting from
use of content and/or appearance of content on the Platform. 11.4.The
Company shall have all the rights to take necessary action and claim
damages that may occur due to Your involvement/participation in any way
either on its own or through group/s of people, intentionally or
unintentionally involved in hacking.
12. Use of Information
The User hereby agrees and irrevocably authorizes that the Company has
the right to:
12.1. All copyright and/or know-how and/or
any other related intellectual property rights to the Platform or
Services including listings of properties along with details and
photographs, details of Users, and any information otherwise made
available to User in the Service, shall become and remain the sole and
exclusive property of the Company and the User shall have no claims to
the same. In the event the User has contributed any content to
vREfyd.com 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 during the term of his Agreement or any time thereafter, 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.
12.2. Use for the Company's own purpose,
any data or/and information supplied by the User in connection with this
Agreement, and/or pass on such information to any other associated
companies or selected third parties.
12.3. Retain all data
or/and information supplied by the User while using the Services, all of
which shall remain at vREfyd.com for the exclusive use of the Company in
accordance with service agreement with the User, notwithstanding any
termination of the Agreement or suspension of the Services to the User
herein. Notwithstanding anything contrary to the above, unless
specifically put down in writing, following the termination or
suspension of the Services to the User, all such data and information
shall remain in the Company's property, records and databases as the
exclusive property of the Company, in perpetuity.
12.4. By
entering mobile number on the Platform while registering for an account
for receiving alerts, contacting a property, seller/buyer, User gives
expressly consent to the Company and its partners/ vendors and
sub-partner, sub vendor 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.
12.5. The User further agrees that, in order to
satisfy and fulfil the User's property requirement, the Company may
share the recording of the aforementioned promotional calls between the
User and a company representative with the concerned agents, partners,
vendors, and sub-partners. In case User does not want to receive these
messages on his/her mobile number, and not agreed any of the terms
stipulated herein, he/she shall not submit his/her mobile number with
vREfyd.com.
13. Accuracy, Completeness and Timeliness of Information13.1.
The Company is not responsible for any inaccuracy, incompleteness or
outdated information made available on the Platform, either provided by
You or otherwise. The material on the Platform is provided for general
information only and should not be relied upon or used as the sole basis
for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. You agree that the
Company does not owe any responsibility or obligation whatsoever towards
ensuring the accuracy of the information provided by other members. Any
reliance on the material on the Platform is at Your own risk, and You
agree not to claim any liability, loss or damages from the Company as a
result of your reliance of any material, information or content that is
available on the Platform.
13.2. The Platform may contain
certain historical information. Historical information, necessarily, is
not current and is provided for the purpose of reference only. The
Company reserves the right to modify the contents of the Platform at any
time but has no obligation to update any information on the Platform.
You agree that it is Your responsibility to monitor changes to the
Platform.
13.2. Occasionally there may be information on
the Platform that contains typographical errors, inaccuracies, or
omissions. The Company reserves the right to correct any such errors,
inaccuracies, or omissions, and to change or update information if any
information on the Platform is inaccurate at any time without prior
notice.
14. Disclaimers of Warranties and Limitation of Liability 14.1. The Company endeavours to make the Platform available, as
far as possible, at all times. However, the Company does not represent
that access to the Platform will be uninterrupted, timely, error free,
free of viruses or other harmful components or that such defects will be
corrected.
14.2. The Company does not warrant that the
Platform will be compatible with any hardware and software which is used
by You.
14.3. The Company does not represent or warrant
that the information available on the Platform will be correct, accurate
or otherwise reliable for any particular purpose.
14.4.
The Platform is provided on an “as is” and “as available” basis. The
Company expressly disclaims all warranties of any kind, whether express
or implied with respect to the records and other data that is made
available by it to You.
14.5. The Company is not
responsible and will have no liability for: (a) any content or services
provided by any persons or entities other than the Company; (b) damages
of any kind that result from the downloading of any data or any other
materials on the Platform or through the Platform; or (c) the failures
of the internet or any data or telecommunications equipment, system or
network used in connection with the Platform.
14.6. The
Company shall not be liable for: any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any
kind, including, without limitation any financial losses, loss of data,
replacement costs, or any similar damages, whether based in contract,
tort, strict liability or otherwise, arising from the use of the
Platform or Services, or for any other claim related in any way to the
use of the Platform or Services, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the Platform or Services or any
content posted, transmitted, or otherwise made available via the
Platform, even if advised of their possibility.
14.7. The
Company shall not be liable to anyone else for any losses or injury
arising out of or relating to the information provided on the Platform.
In no event will the Company or its employees, affiliates, authors or
agents be liable to You or any third party for any decision made or
action taken by You.
14.8. The Company offers no guarantee
no warrantees that there would be satisfactory response or any response
at all, once any listing/banner is put on display.
14.9. Users are strongly advised to independently verify the
authenticity of any pre-launch offers received by them. The Company does
not endorse investment in any projects which have not received official
sanction and have not been launched by the builder/promoter, Users
dealing in such projects shall be doing so entirely at their risk and
responsibility.
14.10. Once a listing or banner is
displayed on the Platform, We do not guarantee or make warranties that
there would be satisfactory response or any response at all.
14.11.
Property descriptions and other information provided on the Platform are
intended for information and marketing purposes and, whilst displayed in
good faith, we will not in any circumstances accept responsibility for
their accuracy.
14.12. Company will not be liable for any
time difference arising between a message released through a gateway/
server (provided to vREfyd.com) and such message finally reaching the
User from the concerned service provider.
14.13. The User
shall ensure that while using the Services, all prevailing and
applicable laws, rules and regulations, directly or indirectly for the
use of systems, service or equipment shall at all times, be strictly
complied with by the User and the Company shall not be liable in any
manner whatsoever for default of any nature regarding the same, by the
User.
14.14. In case a User is desirous of conducting a
project site visit of the property he/it is interested in, it shall be
the sole liability and duty of the advertiser to arrange for such
project site visits. The Company may, at its discretion facilitate such
site visit by connecting the broker/agent and the User. The Company
shall not be liable in any manner whatsoever, towards any liability
and/or costs, arising out of such site visits including but not limited
to non-fulfilment by the advertiser in this regard.
14.15.
It is not the Company's policy to exercise any kind of supervisory or
editorial control over and/or edit and/or amend any data and/or contents
of any e-mails and/or posting of any information that may be inserted
or/and made available or transmitted to a third party in or through
vREfyd.com and the User acknowledges the same. The User acknowledges and
agrees that the Company has absolute discretion to refuse and/or suspend
or/and terminate and/or delete and/or amend any artwork, materials
and/or information and/or content of any data and/or information and/or
posting so as, in the sole opinion of the Company, to comply with the
prevailing legal framework and/or moral obligations as placed on the
Company and in order to avoid infringing any third party's rights and/or
any other rules and/or standards and/or codes of practices that may be
applicable to the posting or vREfyd.com and/or the internet.
14.16.
The Company is not involved in any transaction between any parties who
are using the Platform. There are risks, which the User assumes when
dealing with people who might be acting under false pretences and the
same shall be borne by the User. The Platform is a venue only and does
not screen or/and censor or/and otherwise control the listings offered
to other Users, nor does Company screen or/and censor or/and otherwise
control the Users of its service. Company cannot and does not control
the behaviour of the participants on this site.
14.17.
Company shall not be responsible for the advice, views and suggestions
provided by the persons listing on the Platform. The information
contained herein should be used for reference only. Before relying on
any such advice, please do an independent assessment at your end
considering your specific requirements and the parameters you have in
mind. vREfyd.com will not be responsible for any claims arising out of
the use of any information displayed herein.
14.18. The
Company is only an intermediary offering its platform to advertise
properties of seller for a customer/buyer/User coming on its Platform
and is not and cannot be a party to or privy to or control in any manner
any transactions between the seller and the customer/buyer/User. All the
offers and discounts on this Platform have been extended by various
builder(s)/developer(s) who have advertised their products. vREfyd.com
is only communicating the offers and not selling or rendering any of
those products or Services. Company is not responsible for any
non-performance or breach of any contract entered into between
customer/buyer/User and sellers. Company cannot and does not guarantee
that the concerned customer/buyer/User and/or sellers will perform any
transaction. At no time shall Company hold any right, title or interest
over, nor shall Company have any obligations or liabilities in respect
of, any such contract entered into between customer/buyer/User and
sellers. It neither warrants nor is it making any representations with
respect to offer(s) made on the site. Company shall neither be
responsible nor liable to mediate or resolve any disputes or
disagreements between the customer/buyer/User and the Seller and both
Seller and customer/buyer/User shall settle all such disputes without
involving Company in any manner.
14.19. If there is any
dispute between the Users/participants on this Platform, it is agreed
upon by the Users/participants that Company has no obligation whatsoever
to be involved in any such dispute/s. In the event that the User has a
dispute with one or more User/s or/and participant/s, the User hereby
undertakes not to make any claims or/and demands or/and damages (actual
or/and consequential) of every kind or/and nature or/and known or/and
unknown or/and suspected or/and unsuspected or/and disclosed or/and
undisclosed, arising out of or/and in any way related to such disputes
and/or our service against the company or/and their officers or/and
employees or/and agents or/and successors.
14.20. Company
has endeavoured to ascertain the requirement of RERA registration. The
advertiser of any property or listing is hereby obligated to provide
RERA registration number for promoting a RERA registered project in
terms of Real Estate (Regulation & Development) Act, 2016. vREfyd.com is
a Platform for advertisement and does not vouch for the project or the
details provided in the advertisement.
14.21. The Company
takes no responsibility/liability whatsoever for shortage or
non-fulfilment of the Service/s on Company or any other related site due
to or arising out of technical failure or/and malfunctioning or/and
otherwise and the User hereby undertakes that in such situation, the
User shall not claim any right/damages/ relief, etc. against the Company
for “Deficiency of service” under The Consumer Protection Act , 2019 or
any other act/rules, etc.
15. Intellectual Property Rights 15.1. All logos, brands, trademarks and Service marks
(“Marks”) appearing in vREfyd.com are the properties either owned or
used under license by Company or its associates. All rights accruing
from the same, statutory or otherwise, shall wholly vest with Company
and its associates. The access to vREfyd.com does not confer upon the
User any license or right to use in respect of these Marks and therefore
the use of these Marks in any form or manner, whatsoever is strictly
prohibited. Any violation of the above would constitute an offence under
the prevailing laws of India.
15.2. The Company respects
the Intellectual Property Rights of all, it has and will continue to
adhere to all the laws applicable in India in this respect. Company
shall protect and respect the Intellectual Property Rights of the Users
as well as third parties using reasonable endeavours and to the best of
its ability. In a case where a User(s) are found to be using vREfyd.com
as a platform to infringe the Intellectual Property Rights of others,
Company will be free to terminate the Agreement with such User forthwith
without any notice to the User.
15.3. By allowing Users to
access vREfyd.com, grants the Users a limited, non-exclusive,
non-assignable, revocable license (the “License”) to access and use the
Services, provided that the User is in compliance with these Terms and
the Agreement.
15.4. Unless expressly agreed to in writing,
nothing contained herein shall give the User a right to use any of the
Platform's trade names, trademarks, service marks, logos, domain names,
information, questions, answers, solutions, reports 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 Platform and other distinctive brand features of the Platform are
the property of the Company. Furthermore, with respect to the Site
created by the Company, the Company shall be the exclusive owner of all
the designs, graphics and the like, related to the Platform.
16. Privacy
16.1. All information about You that are collected, stored
or transmitted in any way on the Platform, including any registration
information, is subject to our Privacy Policy (the “Privacy Policy”),
which can be accessed at Privacy Policy.
17. Availability of Services
17.1. The Company reserves the right to change, suspend or
discontinue any of its Services upon a reasonable notice to the extent
permissible under the applicable law.
17.2. In the event of
such change or suspension, the Company is under no obligation whatsoever
to store Your data or provide You with a copy of any information that
You have provided to the Company or posted on the Platform, except to
the extent required by applicable laws and as enumerated in the Privacy
Policy.
18. Third Party Links
18.1. Accessing any third-party links which are made available on
the Platform by Users, may direct You to third-party websites that are
not affiliated with the Company. The Company is not responsible for
examining or evaluating the content or accuracy and does not warrant and
will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services
of third parties.
18.2. The Company is not liable for any
harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with
any such third-party links or websites. Please review carefully the
third-party’s policies and practices and make sure to understand them
before engaging in any transactions. Complaints, claims, concerns, or
questions regarding any third-party should be directed to such
third-party. Also refer to the Privacy Policy for further
information.
18.3. The Company does not: Make any warranty,
express or implied, with respect to the use of the links provided on, or
to, the Platform; Guarantee the accuracy, completeness, usefulness or
adequacy of any other website, services, goods or advertisements that
may be linked to the Platform; or Make any endorsement, express or
implied, of any other websites, services, goods or advertisements that
may be linked to the Platform.
18.4. The Company accepts no
liability for any damage or loss, however caused, in connection with the
use of or reliance on any information, material, products or services
contained on or accessed through any linked website.
18.5.
The Platform may also contain third party advertisements which contain
embedded hyperlinks to websites operated by third parties. All
third-party advertising is paid for by the relevant third party
advertiser, which you can accept by linking to the third party
advertisers and are not recommendations or endorsements by Company. The
third-party advertiser is solely responsible for any representations or
offers made by it and for the delivery of goods or services you agree to
purchase from the third party website.
18.6. Company may
from time to time recommend, provide you with access to, or enable third
party software, applications (“Apps”), products, Services or website
links (collectively, “Third Party Services”) for your consideration or
use, including via the Company App Store. Your purchase, access or use
of any such Third Party Services is solely between you and the
applicable third-party Services provider (“Third Party Provider”).
18.7.
Company does not have any control or does not determine or advise or in
any way involve itself in the offering or acceptance of such
commercial/contractual terms between the Users and Third Party
Providers.
18.8. Any use by You of Third Party Services
offered through the Company's website is entirely at your own risk and
discretion, and it is your responsibility to read the terms and
conditions and/or privacy policies applicable to such Third Party
Services before using them. Company may, however, offer support services
to Third Party Providers in respect to order fulfilment, payment
collection, call centre, and other services, pursuant to independent
contracts executed by it with the Third Party Providers.
18.9.
Company neither make any representation or warranty as to specifics
(such as quality, value, saleability, etc.) of the products or services
proposed to be sold or offered to be sold or purchased on the Platform.
The availability of Third Party Services on Company's websites or the
integration or enabling of such Third Party Services with the Company
Services does not constitute or imply an endorsement, authorization,
sponsorship, or affiliation by or with Company.
18.10.
Company is neither responsible nor accepts liability for any errors or
omissions or non-performance or breach of any contract entered into
between Users and Third Party Providers on the Platform. Company cannot
and does not guarantee that the concerned Users and/or Third Party
Providers will perform any transaction concluded on the Platform.
Company is not responsible for unsatisfactory or non-performance of
Third Party Services or damages or delays as a result of usage of Third
Party Services.
18.11. Company is operating an online
advertisement platform and assumes the role of an intermediary, and does
not at any point of time during any transaction between User and Third
Party Providers on the Platform come into or take possession of any of
the products or Services offered by Third Party Providers. At no time
shall Company hold any right, title or interest over the products nor
shall Company have any obligations or liabilities in respect of such
contract entered into between User and Third Party Providers.
18.12.
In case of complaints from the User pertaining to quality or any other
such issues, Company is not obligated to intervene in any dispute
arising between you and a Third Party Provider.
18.13.
Company is not responsible or liable to anyone for discontinuation or
suspension of access to, or disablement of any Third Party Service.
18.14. If you install or enable a Third Party Service for
use, you grant us permission to allow the applicable Third Party
Provider to access your data and other materials and to take any other
actions as required for interoperation of the Third Party Service with
our Services, and any exchange of data or other materials or other
interaction between you and the Third Party Provider is solely between
you and such Third Party Provider. Company is not responsible for any
disclosure, modification or deletion of your data or other materials, or
for any corresponding losses or damages you may suffer, as a result of
access by a Third Party Service or a Third Party Provider to your data
or other materials.
18.15. Under no circumstances shall
Company be liable for any direct, indirect, incidental, special,
consequential, punitive, extraordinary, exemplary or other damages
whatsoever that result from any Third Party Services or your contractual
relationship with any Third Party Provider. These limitations shall
apply even if Company has been advised of the possibility of such
damages. The foregoing limitations shall apply to the fullest extent
permitted by applicable law.
18.16. You agree to indemnify
and hold the Company and (as applicable) its parent, subsidiaries,
affiliates, partners, officers, directors, agents, employees, and
suppliers harmless from any claim or demand, including reasonable
attorneys' fees, arising out of your use of a Third Party Service or
your relationship with a Third Party Provider.
19. Refunds 19.1. We do not offer any refunds against Services
purchased from the Platform.
20. Termination
20.1. Either party to this agreement may terminate the Agreement
by giving prior notice of 30 days in writing.
20.2. It
shall be on the discretion of the Company that the period of notice of
30 days may be waived or a shorter period of notice may be accepted in
writing from the User.
20.3. The Company may terminate the
User’s usage of the Platform and Services with immediate effect, without
prior notice to the User and without assigning any reason/s whatsoever
(a) if in the opinion of the Company, the User has breached any of the
Terms or/and, (b) if, in the opinion of the Company or/and any
regulatory authority, it is not in the public interest to continue
providing the Services to the User for any reason or/and, (c) if the
User is declared a bankrupt or/and the User enters into any compromise
or arrangement with its creditors, without any prejudice to any/all
other rights.
21. Liabilities upon termination
21.1. If the usage of the Platform or Services is terminated for
any User pursuant to provisions set out in Clause 20 above, without
prejudice to any other remedies available to the Company, the User shall
be liable for subscription fees payable until the date of termination.
The amounts due and payable to the Company by the User upon termination
shall be payable within 30 days of the relevant date of termination. 22.
Suspension of Service
22.1. If any monies payable by the
User to the Company are not paid on the due date, the Company may
without prejudice to any other rights or remedies that may be available
to it suspend the Services provided to the User.
22.2. When
the Services, subscribed for, is suspended, it shall be deemed to be
terminated. The date shall be such as stipulated by the Company and the
User shall be liable for all the charges and fees incurred up to the
date.
22.3 Upon subsequent payment by the User of such
monies as demanded by the Company, the Company may at its discretion and
subject to such terms as it deems proper, reinstitute the usage of the
Platform and the Services. 23. Violation of Terms and Conditions
23.1. In the event of violation of Terms, the Company in
its sole discretion may pursue any of its legal remedies, including but
not limited to the immediate deletion of any offending material from its
site, or/and cancellation of the User’s account, and/or the exclusion of
any person(s) who may have violated these Terms , and seek any
injunctive relief from any court of competent jurisdiction. Company can
also pursue violators with claims that they have violated various
criminal and/or civil law provisions as applicable under the relevant
Acts/Rules, etc. of the land. vREfyd.com will cooperate with any
investigation by any Central or/and State or/and local body or/and any
court or/and tribunal having the competence to carry out the same. Such
cooperation may be without notice to the User.
24. Indemnity 24.1. User hereby agrees to indemnify, hold harmless and
to settle any third party lawsuit or proceedings brought against the
Company or any of its directors/employee/key managerial persons with
regard to any claim arising from the advertisement/ wrongful posting of
property/ unauthorised posting of property or the fact that the content
posted by any User infringe or tend to infringe any copyright, trade
secret or trademark of such third party or the content of such post or
advertisement is in any manner inconsistent with or in breach of any
existing agreement or law as applicable in India. The User further
unilaterally agrees to indemnify, reimburse and hold harmless, without
objection, the Company, its officers, directors, employees and agents
from and against any claims, actions and/or demands and/or liabilities
and/or losses and/or damages whatsoever arising from or resulting from
their use of the Platform whether directly or indirectly.
25. Severability 25.1. In the event that any provision of these Terms is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from
these Terms, such determination shall not affect the validity and
enforceability of any other remaining provisions.
26. Independent Contractors
Nothing herein contained shall constitute or be deemed to constitute a
relationship of agency, partnership, joint venture or employment between
You and the Company.
27. RERA Disclaimer 27.1.
Project developers or builders and real estate agents, are required
to comply with rules, regulations and guidelines of Real Estate
(Regulation And Development) Act, 2016 and obtain necessary
registration under the said act. It is mandatory for project
developers or builders and real estate agents to disclose on the
Platform, all material and requisite information as required under
the Real Estate (Regulation And Development) Act, 2016. We do not
guarantee that project(s) and real estate agents have registered
under the Real Estate (Regulation And Development) Act, 2016 or are
compliant with the same or not. In no event will the Company be
liable for any claim made by the Users including seeking
cancellation of Services for any of the inaccuracies in the
information provided in this Platform.
27.2. It is
recommended and advised to refer to respective RERA website(s) to
see and obtain complete information with respect to any
project/property (which is required to be registered under Real
Estate (Regulation And Development) Act, 2016) developed, built by a
developer/builder and/or initiated /referred to by a Real Estate
Agent, before making any buy/sell or any other decisions.
27.3.
The Company makes no representations or warranties of any kind,
express or implied, about the completeness, accuracy, reliability or
suitability with respect to the information, Services or related
information provided by developer/builder/real estate agent/promoter
on its Platform with respect to any property or project. For the
sake of clarity, it is mentioned that the Company itself does not
operate in the capacity of a real estate agent under RERA. The
Company has no control over completion or success of any real estate
transaction and therefore falls outside the scope of RERA.
28. Notice
28.1. All notices shall be sent (a) if to the User, to
the address identified on the Application Form and (b) if to the
Company to such address as provided in writing for such notice
purposes. Notice shall be deemed given upon receipt when delivered
personally and upon receiving acknowledgment / written verification
of receipt from overnight courier.
29. Waiver
29.1. The failure of Company to exercise or enforce any right
or provision of these Terms shall not constitute a waiver of such
right or provision. If any provision of these Terms is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavour to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of these Terms shall remain in full force and effect.
30. Entire Agreement
30.1. The Terms, End-User License Agreement, Privacy
Policy and any policies or operating rules posted by the Company on the
Platform from time to time constitute the entire agreement and
understanding between You and the Company with respect to the Platform,
and supersede any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between You and the Company
(including, but not limited to, any prior versions of the Terms).
30.2.
Any ambiguities in the interpretation of the Terms of Use shall not be
construed against the drafting party.
31. Governing Law and Dispute Resolution 31.1. If
any dispute arises between a User/Users and the Company arising out of
use of the website or thereafter, in connection with the validity,
interpretation, implementation or alleged breach of any provision of
these terms and conditions, the dispute shall be referred to a sole
Arbitrator appointed by the Company who shall be an independent and
neutral third party. Decision of the Arbitrator shall be final and
binding on both the parties to the dispute. The place of arbitration
shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall
govern the arbitration proceedings.
31.2. These Term and
any dispute or matter arising from incidental use of vREfyd.com is
governed by the laws of India and the User and vREfyd.com hereby submit
to the exclusive jurisdiction of the courts at Bangalore, India.
32. Contact Information 32.1. All notices and enquiries to the Company can be
addressed to:
Anshuman Tiwari
Email address
– support@vrefyd.com Address – 12th
Floor, C Wing, Mittal Tower, New No.21 Old No.6/47, M G Road, Bangalore
Urban, Karnataka - 560001 Phone No. – 9342552715 33. Grievance Redressal
33.1. All grievances with the Company with respect the Terms of Services
can be addressed to:
Anshuman Tiwari support@vrefyd.com 9342552715 12th
Floor, C Wing, Mittal Tower, New No.21 Old No.6/47, M G Road, Bangalore
Urban, Karnataka - 560001