TERMS OF USE
a) This document is considered an electronic record under the Information Technology Act, 2000, along with relevant rules and amended provisions related to electronic records in various statutes, as updated by the Information Technology Act, 2000. It is generated by a computer system and does not necessitate any physical or digital signatures.
b) This document adheres to Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, requiring the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using www.****edificereality.com.
c) The domain name www.****edificereality.com ("Website") is under the ownership and operation of Edifice Reality, NXOne near Char Murti Techzone 4, Noida Extension, Greater Noida, along with its subsidiaries, group companies, and affiliates, which includes representatives, administrators, employees, directors, officers, agents, and their successors and assigns.
d) For the interpretation of these Terms:
i) 'You' & 'User' refer to any legal person or entity accessing or utilizing the services on the Website, competent to enter into binding contracts under the Indian Contract Act, 1872.
ii) 'We', 'Us' & 'Our' denote the Website and/or the Company, as per the context.
iii) 'Party' & 'Parties' are used to signify the User and the Company individually and collectively.
iv The domain name www.****edificereality.com is also applicable to the mobile application, and these Terms & Conditions extend to the mobile application as well.
e) The section headings in these Terms are solely for organizational purposes and do not hold legal significance for interpretation by either Party.
f) The User's use of the Website is governed by these Terms and the Privacy Policy. By visiting the Website's home page or using any services, the User agrees to these Terms and the Policy.
g) The User acknowledges that these Terms and the Policy form a legally binding agreement, and the User is subject to the rules, guidelines, and conditions applicable to any service provided by the Website.
h) The Company reserves the right to amend or modify these Terms without prior notice, with immediate effect upon such changes. The User must stay updated on the Terms and comply with them.
i) These Terms and Conditions apply to all users subscribing to Services from www.edificereality.com and/or the mobile application.
THE SERVICES:
We are a team of professional real estate consultants offering comprehensive services for real estate investments. Here is an overview of the services we provide:
ELIGIBILITY
??Users must confirm they are competent and eligible to enter legally binding agreements and have the authority to bind themselves to the terms outlined in the Indian Contract Act, 1872. Users who are not competent to contract under this act or are disqualified by applicable laws may not use the website.
TERM
??These terms remain in effect until the user continues to access and use the website or until any transactions between the parties are satisfactorily concluded. Certain sections of the terms will remain valid, even after the terms expire or are terminated.
TERMINATION
??The Company reserves the right to unilaterally terminate a user's access to the website's products and services without notice or cause. Users are bound by the terms until their expiry, as described in Clause 3.
ONLINE SERVICE PLATFORM
??The website serves as an online platform providing advice and recommendations on real estate properties globally.
COMMUNICATION
??By using the website and providing contact information, users consent to receiving calls, emails, and SMS messages from the Company or its affiliates. Users can opt out of marketing communications by sending an email to [info@edificereality.com] with the subject [Query regarding edificereality website use]. Information shared by users with the Company is governed by the Policy.
7. CHARGES
The use of this Website by the User, such as browsing the Website is free of cost. The User is only required to pay for the services availed by the User of the Website and/or mobile application. However, the Company 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.
8. SECURITY
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. Unless otherwise permitted by the company in writing, User may only possess one account for using the services on this website/application.
xiv. User of the App/Website shall not violate any applicable law or regulation.
xv. User shall be responsible for all activity that occurs under user account.
xvi. All registration information user submits is truthful, complete, and accurate and you agree to maintain accurate, complete and up-to-date account information in user account.
xvii. User shall be responsible for maintaining the confidentiality of the access credentials of user account and fully responsible for all activities that occur under user account. User agrees to immediately notify the company of any unauthorized use of user ID/Password or account or any other breach of security.
xviii. User agrees that he is aware and responsible for all transactions taking place through user account. User shall continue to be responsible for the transactions in user account, if user knowingly or negligently (i) grant any other person access to the user account on website/app. (ii) permit them to transact on user account, or (iii) transact on any other person’s behalf or directions; whether by sharing one-time passwords or in any other manner.
xix. User shall not indulge in decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with the website/app, including company copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.
xx. User shall not access or use the Website/App in any manner that (i) may be harmful to the operation of the Website/app or its content; (ii) may be unlawful; (iii) maybe harmful to website/app or to any other User; (iv) may hinder the other User’s enjoyment of the Website/App; or (v) to defraud other Users, the company, or its Commercial Partner.
xxi. User shall not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus, other harmful component, or malicious content, or otherwise impair or damage the Website/App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website/App.
xxii. User shall not delete or modify any content of the Website/App.
xxiii. User shall provide consent to automatically receive updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the company services. Please note that user’s continued use of the website/app following such updates would mean deemed acceptance by user of the same.
xxiv. User understand and accepts that not all products, services and rewards offered on the Website/App are available in all geographic areas and user may not be eligible for all the products, services and rewards offered by the company on the Website/app or on any other company Platforms. Company reserves the right to determine the availability and eligibility for any product, services and rewards offered on the Website/App or any other platform.
xxv. User shall request the company, to block the Account and change the passcode immediately for the account, if user’s device has been lost or stolen.
xxvi. User agrees to use website/app features only for the intended purposes and not for earning any fraudulent cash back, money laundering, terrorist financing, illicit payments or any other use which is either prohibited by law or is unethical.
xxvii. In particular you also agree not to use the website/application for any prohibited transactions as mentioned below:-
??a. The Merchants providing services that have the potential of casting the Payment Gateway Facilitators/Aggregator in a poor light and/or any other act leading to the liability including but not limited to unwarranted payment gateway/aggregator fees/charges, interest, penalties, chargeback and fraud losses;
b. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles;
c. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international, including the laws of India.
xxviii. Violate any applicable laws, rules or regulations currently in force within or outside India
xxix. 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
xxx. 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
xxxi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xxxii. 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.
xxxiii. Commit any act that causes the Company 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 Company
xxxiv. 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 Company.
e) The User hereby expressly authorizes the Company to disclose any and all information relating to the User in the possession of the Company to law enforcement or other government officials, as the Company 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 Company 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 Company 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 Company 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 libelous, 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.
11. Violation of User Obligation
a) If the company believes that the user has violated any of the conditions as mentioned under these Terms of Use, user obligation or Privacy Policy to certain services or any agreements consented to via the website, company reserve the right to suspend user access to the Website and/or delete user account without prior notice to user. However, user may reach out to the company support team to assist user with the restoration of the same.
b) If the company has a reason to believe that there is suspicious or unusual activity being carried out through user account, company can take following actions against user:-
• Ask user to Immediate Refund to the company of any scheme benefits in any name, paid/provided to the user, earlier for the transaction; and
• Ask user to Immediate refund of an amount equivalent to any unwarranted charges paid by the company to any other payment gateway/bank due to such fraudulent transactions entered/acts committed by the user.
• Charging of an amount equivalent to 3% as penalty of the amount transacted to the user. Further, company reserves the right to increase the penalty amount, depending upon the severity/scale of the violation/fraud/misuse.
• Temporarily or permanently suspend user access to the Website/application Services.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available to it, the Company 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 the User's actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
13. INDEMNITY AND LIMITATIONS
a) The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, 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.
b) In no event shall the Company 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 Company/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.
c) 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 Company/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.
14. INTELLECTUAL PROPERTY RIGHTS
a) 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 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 Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
b) 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 Company/Website, to be determined in the sole discretion of the Company.
c) 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/Company, or to the User. The User is aware that the Company merely provides a platform through which the aforementioned products are listed for sale to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.
d) 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.
15. DISCLAIMERViolation of User Obligation
Suspension of User Access and Activity
Indemnity and Limitations
Intellectual Property Rights
Disclaimer
Warranties and Liabilities
Submissions
Dispute Resolution and Jurisdiction
18. COMMUNICATIONS
In the event of any dispute or grievance, the User can notify the Company in writing by sending the communication to the Company's registered office via Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
19. ADDITIONAL TERMS
a) Entire Agreement: These Terms, along with the Policy, constitute the comprehensive and final agreement between the User and the Company regarding the subject matter and override all previous communications, representations, and agreements, whether oral or written.
b) Waiver: If either Party fails to enforce any provision of these Terms at any time, it does not waive the right to enforce it later. No waiver of any breach, whether through conduct or otherwise, will be considered a continuous waiver of that breach or any other breach of these Terms.
c) Severability: Should any provision of these Terms be deemed invalid, illegal, or unenforceable by a court or competent authority, the remaining provisions will remain valid and enforceable. The Terms will be adjusted to the extent necessary to rectify any invalidity, illegality, or unenforceability while upholding the original rights, intentions, and expectations of the Parties to the fullest extent permitted by law.