Terms and Conditions | 1. | Introduction | ||
| 1.1. | This website, www.bandraproperties.com, (hereinafter referred to as “bandraproperties.com") is owned, hosted and operated by Crossworld Infomedia (hereinafter referred to as CI). | ||
| 1.2 | bandraproperties.com and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below. |
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| 1.3 | Please read this document carefully. By accessing or using bandraproperties.com, you agree to be bound by the terms and conditions set forth below. If you do not agree with any of these terms and conditions, you should not access or use bandraproperties.com. | ||
| 1.4 | We may change these T&Cs by posting the revised version on our website for a reasonable period before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our website or services following the effective date shown. If you are a consumer with a subscription to our site and you don't agree to the changes (provided that they are important ones and not required by applicable law or regulations), you can cancel your subscription by giving us notice by email to support@bandraproperties.com before the effective date of the revised T&Cs. If so, we will refund any advance payments referable to the period after your termination. | ||
| 1.5 | If you utilize bandraproperties.com in a manner inconsistent with these Terms and Conditions, CI may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper. | ||
| 2. | Definitions | ||
| 2.1 | In this agreement, whenever we mention "Site", this includes both our website and our related services. "Advertisement" means both online and offline promotions of any kind such as property listings, banners, skyscrapers, sponsorships, e-brochures, advertorials etc as well as any marketing communications sent to users Service. | ||
| 2.2 | The terms 'service' or 'services' would mean to include the interactive online information service offered by bandraproperties.com on the internet through which the user may access information carried by bandraproperties.com in the database maintained by it. The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term service does not extend to bandraproperties.com acting as an agent either express or implied on behalf of any user/customer. | ||
| 3. | Use of our Site - general | ||
| 3.1 | You must be 18 years or over to use our Site. | ||
| 3.2 | We cannot accept legal responsibility for the accuracy of, or otherwise in relation to, the content of any Advertisement (whether for property or otherwise and whether on our Site or provided via our services) or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or property enquiry as these are all matters outside our reasonable control. If you intend to act on any Advertisement, you must make appropriate enquiries before proceeding including as to its accuracy and suitability for your purposes and you must also take appropriate professional advice. You rely on Advertisements at your own risk. | ||
| 3.3 | Any content which we ourselves make available (such as downloadable buyer guides or contract templates) is intended for very general guidance but we cannot guarantee that it is accurate or up to date. Again, you must make your own appropriate enquiries and take appropriate professional or other advice before acting on any such information. You rely on it at your own risk. Please note that contract templates are not intended to constitute legal or other advice and may not be suitable for your circumstances. | ||
| 3.4 | You must comply with our reasonable instructions concerning use of our Site. | ||
| 3.5 | You must supply us with correct information on registration and keep your information up to date. | ||
| 3.6 | You must not: | ||
| 3.6.1 | attempt to gain unauthorised access to any part of the Site or related equipment; or | ||
| 3.6.2 | use our Site other than for the purposes set out in these terms and conditions. | ||
| 3.7 | We provide website enquiry forms for the sole use of users making genuine enquiries relating to the listing. We reserve the right to monitor use of these forms and to delete any communications which are not genuine (such as unsolicited commercial marketing). | ||
| 4. | Advertisements | ||
| 4.1 | We reserve the right to check all new Advertisements submitted to us. We will do so within a reasonable period after they have been submitted to us. We reserve the right in our discretion to reject Advertisements. If the Advertisement has been paid for, we will refund the payment less a reasonable administration fee. | ||
| 4.2 | Advertisers must ensure that Advertisements are accurate and up to date, are not misleading, comply with all applicable laws, regulations and codes of conduct and do not infringe any third party intellectual property or other rights. Also, such content must not be offensive, vulgar, racist, abusive, invasive of another's privacy or similarly inappropriate. |
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| 4.3 | We reserve the right in our discretion without notice to edit the text or layout of Advertisements submitted to or posted on our Site (including removal of hyperlinks to, or addresses of, or other websites from property listings) or to locate or relocate Advertisements on our Site where we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package). We also reserve the right to charge for the inclusion of hyperlinks if so stated on our Site. | ||
| 4.4 | You may only use the information in leads we send you (whether via forms or dedicated phone numbers on our Site or otherwise) for the purposes specified by the enquirer (eg: to communicate about a specific property or category of properties). You must not otherwise market to or contact such persons. When using such leads or when providing products and services relating to such leads you must do so to the highest industry standards, you must comply with all applicable laws, regulations and codes of conduct (including as to data protection) and you must not infringe any third party rights. | ||
| 4.5 | We may at any time immediately cancel your registration or use of our Site without cause including removal of any Advertisement. If so, we will refund in full any fees already paid for the period in respect of which we take such a step. | ||
| 4.6 | If: | ||
| 4.6.1 | we have good reason to believe that you have breached this agreement or that it is necessary to protect us or our users; or | ||
| 4.6.2 | we receive a complaint relating to an Advertisement or an Advertiser or to products or services referred to in an Advertisement; or | ||
| 4.6.3 | if we are required by law or appropriate authority | ||
| 4.7 | We may without giving notice or reasons remove or suspend any Advertisement or terminate a user's registration or right to use our Site. In such case we will provide a refund pro rata of any subscriptions paid for any unused period. | ||
| 4.8 | We cannot be held legally responsible for loss or damage resulting from editing, rejection, suspension or removal of an Advertisement or from termination of registration for or of use of our Site provided we act in accordance with this agreement. | ||
| 4.9 | If we have given notice in accordance with any of the previous paragraphs, you must not attempt to re-register for or use our Site or services or re-post or re-submit the relevant content as the case may be. | ||
| 4.10 | We may in our discretion change or remove any feature of our Site. If this is a significant part, we will refund any applicable fees already paid for the remainder of the period to which the fee relates. | ||
| 5. | Payment Terms | ||
| 5.1 | Where subscription sees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User. The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest. | ||
| 5.2 | In the case of “pay per lead” there is no charge to list your business details, but you agree to pay the relevant price shown on our website for every unique lead generated. Leads include enquiries submitted via the enquiry forms or via dedicated telephone numbers. In the case of enquiry forms, leads are unique when they show different contact email addresses except that we will treat enquiries with the same email address as unique where they are sent more than 28 days apart. Each telephone call is treated as a unique lead even if more than one call is from the same telephone number. If you believe that a lead is invalid (eg because contact details are incorrect), you can dispute it by flagging as disputed within your account. This must be done within 14 days of the lead occurring. We reserve the right to investigate any disputed lead and to charge for it if we consider it valid. Our decision as to validity of leads shall be final but we promise to act reasonably. | ||
| 5.3 | In the case of "cost per click" (CPC), click means all clicks by a unique user on an Advertisement over any 24 hour period as measured by our tracking systems. In the case of cost per 1000 impressions (CPM), a single impression means the display of an Advertisement to a user as measured by our tracking systems. | ||
| 5.4 | Payments must be made by the methods shown on our Site. | ||
| 5.5 | It is your responsibility to keep your account in sufficient credit to pay for the relevant services. We reserve the right to disable, suspend and/or remove Advertisements if there is insufficient credit in your account. We do not pay interest on monies credited to your account. | ||
| 5.6 | If any amount due to us is unpaid, we may: | ||
| 5.6.1 | charge reasonable additional administration costs; and/or | ||
| 5.6.2 | charge interest (both before and after judgment) on the amount unpaid at the rate at the rate for the time being applicable under the Late Payment of Commercial Debts (Interest) Act 1998; and/or | ||
| 5.6.3 | disable, suspend or remove any or all of your Advertisements; and/or | ||
| 5.6.4 | terminate this agreement on written notice (including email). | ||
| 5.7 | We may change the fees on our Site at any time. Any new orders placed after the change will be subject to the new fees. For existing contracts, we will give you notice by email at least one month before any fee change takes effect. If you do not accept the new fee, you should cancel this agreement before the change takes effect by the means shown below. | ||
| 6. | Cancellation | ||
| 6.1 | CI may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to bandraproperties.com (or any part thereof) for any reason, including, without limitation, that CI based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. | ||
| 6.2 | You can cancel this agreement at any time by notifying your account manager by email to support@bandraproperties.com. Cancellation will take effect within seven business day of receipt of your notification. You remain liable for all fees incurred up to the date that the cancellation takes effect. If we hold any funds on credit following settlement of our final invoice, these will be repaid to you. | ||
| 6.3 | You can also cancel this agreement where otherwise permitted in these T&Cs. | ||
| 7. | Functioning of our Site and services | ||
| 7.1 | We will do our best to maintain the operation of our Site and to rectify faults if they occur but cannot guarantee that the site will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. | ||
| 7.2 | We may have to suspend the site for repair, maintenance, improvement or other technical reason. If so, we will do our best to ensure that the suspension takes place at a time when our Site is least likely to be used and that the suspension is for the shortest period possible. | ||
| 7.3 | We may make changes to the Site provided that these do not have a significant adverse effect on their quality. |
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| 7.4 | If you are supplying Advertisements to our Site via an automated "feed", you must comply with our technical requirements and ensure that the data does not contain viruses, Trojans or the like or otherwise unreasonably interfere with our Site. | ||
| 8. | Links to third party websites | ||
| 8.1 | bandraproperties.com may provide links to other third-party websites or resources which may be of interest to you. We do not recommend or endorse those sites or the products or service which they offer nor are we legally responsible for them as they are outside our reasonable control. You use such third party sites at your own risk. | ||
| 9. | Intellectual property rights | ||
| 9.1 | All trademarks, service marks, logos, graphics, images, photographs, animation, videos, text and software used on in bandraproperties.com and the services are the intellectual property of us or our partners. | ||
| 9.2 | You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights. | ||
| 9.3 | The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. | ||
| 9.4 | If you publish any content on our Site, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt, translate, display, sublicence, assign and create derivative works from that content in any media. This includes display of your content on websites who partner with us. You waive your moral rights in relation to such content to the extent permitted by applicable law. | ||
| 9.5 | Any violation of the above would constitute an offence under the prevailing laws of India. | ||
| 10. | Disclaimers / Limitation of liability |
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| 10.1 | The User shall agree that use of the service e is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Bandraproperties.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. | ||
| 10.2 | The Company/ Bandraproperties.com makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does bandraproperties.com make any warranty to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the site. | ||
| 10.3 | Bandraproperties.com does not examine whether the advertisers are good, reputable or quality sellers of goods / service providers. You must satisfy themselves about all relevant aspects prior to availing of the terms of service. bandraproperties.com has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Availing of services from advertisers shall be at your own risk. | ||
| 10.4 | There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or bandraproperties.com. | ||
| 10.5 | Bandraproperties.com will not be liable for any time difference arising between a message released through a gateway/ server (provided to bandraproperties.com) and such message finally reaching the End User from the concerned service provider. | ||
| 10.6 | The Company shall not be liable for any disclosure of information concerning the User’s account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition The Company shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently. | ||
| 10.7 | In case the there is any loss of information, caused due to any reason, weather as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service. | ||
| 10.8 | All information are accepted in good faith and Bandraproperties.com accept no responsibility whatsoever regarding the bonafide of the user. | ||
| 10.9 | The User shall ensure that while using the Service, 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. | ||
| 10.10 | The Company does not warrant that Bandraproperties.com or any of the web sites linked to bandraproperties.com be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components. | ||
| 10.11 | 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 bandraproperties.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 or/and content of any data and/or information or/and 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 bandraproperties.com and/or the internet. | ||
| 10.12 | Bandraproperties.com is not involved in any transaction between any parties who are using our website. 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 website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does bandraproperties.com screen or/and censor or/and otherwise control the Users of its service. bandraproperties.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Bandraproperties.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. bandraproperties.com doe s not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion. | ||
| 10.13 | If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Bandraproperties.com 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 undertake s 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 Bandraproperties.com or/and their officers or/and employees or/and agents or/and successors. | ||
| 10.14 | The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction. | ||
| 10.15 | No advice or or/any information, whether oral or/and written, obtained by the User from bandraproperties.com or/and through or/and from the service shall create any warranty not expressly stated herein. | ||
| 10.16 | In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such site visits. The Company Bandraproperties.com 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-fulfillment by the Advertiser in this regard. | ||
| 10.17 | The website’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company’s website or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim. | ||
| 10.18 | This Website/ E-mail / sms are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom. | ||
| 11. | Indemnity | ||
| 11.1 | You agree to indemnify and hold Bandraproperties.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the bandraproperties.com Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above. | ||
| 12. | Force majeure | ||
| 12.1 | We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control but if our Site is unavailable for more than 14 days, you are entitled to cancel this agreement and obtain a refund of any subscription payment made for the period that the Site was unavailable. | ||
| 13. | Notice | ||
| 13.1 | Any notice required to be given under this or in connection with this Contract, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by you once it is sent to your email id updated by you from time to time. You can send any notice to bandraproperties.com by registered post address as mentioned in Contact Us section and it shall be deemed as received by Bandraproperties.com only after actual receipt of such notice by Bandraproperties.com. | ||
| 14. | General | ||
| 14.1 | It is clarified that there is no agency or/and partnership or/and joint venture or/and employee- employer or/and franchiser-franchisee relationship between Bandraproperties.com and any User of the Service. | ||
| 14.2 | This Agreement and any dispute or matter arising from incidental use of Bandraproperties.com is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Mumbai, India without regard to its conflict of law provisions. User and bandraproperties.com agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Mumbai. | ||
If you have any complaints, please contact us via the contact details shown on our website. |