.Terms-Conditions-Registration & Subscription

terms-sheet

Terms and Conditions

Registration & Subscription

Welcome to Indiapropertymarkets.com

Please read these terms and conditions before registration or subscription.

Information on this Platform should not be regarded as a substitute for professional legal, financial or real estate advice. Indiapropertymarkets.com OR IPM OR I-PLATFORM and its related entities responsible for maintaining this website and its directors, officers and agents believe that all information contained within this website is correct. However, no warranty is made as to the accuracy or reliability of the information contained herein and Indiapropertymarkets.com disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the website at www.indiapropertymarkets.com

www.indiapropertymarkets.com – The Platform Indiapropertymarkets.com OR I-PLATFORM or IPM provides real estate listing & marketing services to all subscribers and advertisers subject to the following terms & conditions. If you visit or sign up at Indiapropertymarkets.com you accept these terms & conditions. In case you don’t agree to our terms & conditions, you are suggested to please don’t proceed further and leave the website with immediate effect.

1. Definitions

1.1 In this Agreement the following terms have the following meanings;

i. Add-On Services means Services that may be provided to an Agent, Agencies Builder/Developers and Advertisers in addition to the Services that are supplied as part of main Plan;

ii. Agent, Agencies Builder/Developers and Advertisers means the entity that:

      1. conducts the real estate or other businesses that receives the benefit of the Services selected by the Users;
      2. holds the necessary qualification to operate that real estate business pursuant to the RERA Act 2016;
      3. is appointed pursuant to Management Authorities to manage the Property Listings the subject of the Services selected; and
      4. whose name is and address is written on the Application or subscription Form.

iii. Subscribed/Registered/Enrolled Plan means the Plan that the Agent, Agencies Builder/Developers and Advertisers  has chosen as part of the Services.

iv. Listing means an advertisement by an Agent, Agencies Builder/Developers and Advertisers, for the promotion of the property or associated product or service on the Site.

v. Agreement means the agreement between the Agent, Agencies Builder/Developers and Advertisers and IPM (www.indiapropertymarkets.com), once accepted by IPM, which is comprised of:

a. these Terms and Conditions;

b. the Use of Site Conditions;

c. conditions contained on the Application Form including, but not limited to, the Prices contained on the Application Form; and

d. any further conditions that IPM may publish from time-to-time on the Site for providing to the Agent, Agencies, Builder/Developers and Advertisers  the Services in accordance with clause 25.1.

    1. Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

a. any law, rule or regulation of any town, state or country;

b. any obligation under any license in any town, state or country; and

c. any lawful and binding determination, decision or direction of a regulator in any town, state or country.

vii. Application Form means the document (either in hard copy or electronic format) that is used for the ordering of any of the Services by the Agent, Agencies, Builder/Developers and Advertisers, including but not limited to any document described as being an “order form”, “purchase order”, “contract”, “subscription form” or “agreement” and may be in the form of a button that may be clicked through the Site.

viii. Basic Listing means a Property Listing with reference to a particular town, state or country. Basic Listings appear smaller than other Property Listings on the Site and do not include the display of agency logos, branding & agent, subscribers profile and subscribers receives limited services. The listings are solely subject to approval by IPM.

ix. Billing Period means the period of time over which costs were incurred by the Agent, Agencies, Builder/Developers and Advertisers, as set out in clause 39 of these Terms and Conditions.

x. Business Profile Page or Dashboard page means a profile page for the Agent, Agencies, Builder/Developers and Advertisers available through the Site.

xi. Content means all information, text, material, graphics, software, source code and advertisements on the Site and includes things that a User may see, read, hear, download or access via the Site (including but not limited to, messages, files, data, software, images, photographs, illustrations, text and other materials).

xii. Credit Terms (if any) means payment terms that have been agreed between the Agent, Agencies, Builder/Developers and Advertisers and IPM.

xiii. Database Mining means the computational process of finding patterns and knowledge and then extracting and transforming that information for further use.

xiv. Deep Linking means using a hyperlink that links to a specific, generally searchable or indexed piece of web content on a web site.

xv. Downgrade means an Agent, Agencies, Builder/Developers and Advertisers  changes the advertisement type from a higher cost plan to a lower cost plan.

xvi. End User means each person in the Office authorised by the Agent, Agencies, Builder/Developers and Advertisers to use the Services and visitors who visits the site www.indiapropertymarkets.com to list, search for buying, leasing, selling or add-on services. Where appropriate, this term includes the contractors, employees, servants and agents of the Agent & advertisers who have access to the Services.

xvii. GST means the goods and services tax payable under (Goods and Services Tax) Act 2017.

xviii. Enforceable law means the prevalent law, including any subsidiary law such as codes of conduct, that governs the licensing and regulation of the real estate industry in the Agent’s City/state or territory.

xix. Management Authority means the contract between the Agent, Agencies, Builder/Developers and Advertisers and the owner of the property the subject of a Property Listing whereby the Agent is appointed by the owner pursuant to the Law to provide property advisory services.

xx. Office means any single office location (including, but not limited to, head offices, registered offices and branch offices) where the business of the Agent, Agencies, Builder/Developers and Advertisers is conducted.

xxi. Plan means those Services requested by the Agent, Agencies, Builder/Developers and Advertisers to be supplied in a bundle, being the:

a. VIEW MORE –  Plan & Features 

xxii. Price or Prices means the prices shown on the subscription Form or the Site for the use of one or more of the Services, as amended from time-to-time by IPM in accordance with clause 25.1.

xxiii. Privacy policy means the Privacy Act 2000 and any state privacy law which may be enacted during the term of the Agreement.

xxiv. Property Listing means an advertisement or plan subscription by an Agent, Agencies, Builder/Developers and Advertisers on the Site for the sale, lease, franchise, Joint Venture, etc. of a property.

xxv. IPM (indiapropertymarkets.com) or I-Platform means New Horizon Realty Tech Ventures.

xxvi. IPM Content means all information, text, material, graphics, software, source code and advertisements IPM provides on the Site/Platform www.indiapropertymarkets.com

xxvii. Email Address means support@indiapropertymarkets.com or the email address nominated by IPM and displayed on the Subscription Form and/or other pages or places on the Site from time-to-time.

xxviii. Representations has the meaning set out in clause 29.1.

xxix. Scraping means the process of collecting and extracting information from websites and using that copied information on another website.

xxx. Platform/Site means www.indiapropertymarkets.com or I-Platform.

xxxi. Use of Site Conditions means the terms and conditions for use of the Site that are available on the Site and updated by IPM from time-to-time in accordance with clause 26.

xxxii. User means any user or visitor of the Site, including buyers, tenants, investors, agents, agencies, builders/developers and landlords.

xxxiii. Tenanted Property or Rented Property/Assets means a property which is already generating a monthly RENTAL INCOME  and listed on the platform by Agent, Agency, Builder/Developer or Landlord.

xxxiv. Terms and Conditions means these terms and conditions.

2. Provision of Services and identity of recipient

2.1 The Services are accessed on the website, which is owned and operated by IPM or I-Platform (www.indiapropertymarkets.com). The users access to the Services is conditional upon acceptance and compliance with these Terms and Conditions and this Agreement.

2.2 The Agreement is between the Subscriber (all category) and IPM OR I-PLATFORM OR www.indiapropertymarkets.com or New Horizon Realty Tech Ventures.

2.3 The use of the Services, including the posting of Property Listings, is limited to the Agent, Agencies, Builder/Developers and Advertisers and End Users associated with the relevant Office.

2.4 If an Agent is subscribed for 1 (one) plan, they can upload Content to the Site from more than one Office, however, the listing features and number of listing will remain the same as per subscription plan.

3. Conflict with Use of Site Conditions

3.1 To the extent that these Terms and Conditions conflict with any other conditions that IPM may publish from time-to-time on the Site for providing to the Agent, Agencies, Builder/Developers and Advertisers the Services (including the Use of Site Conditions), these Terms and Conditions will prevail.

3.2 Despite clause 3.1, to the extent that any conditions on the Application Form, including Prices, conflict with these Terms and Conditions the conditions on the Application form will prevail.

4. Application Forms and Provision of Information

4.1 The Agent, Agencies, Builder/Developers and Advertisers must complete the appropriate Subscription Form or forms and provide all information correctly stipulated by IPM from time-to-time relating to the Services selected by the Agent, Agencies, Builder/Developers, landlords and Advertisers.

5. Term of this Agreement

5.1 This Agreement comes into effect immediately upon indiapropertymarkets.com notifying the Agent, Agencies, Builder/Developers, landlords and Advertisers that it will provide the Services to them and remains in effect until terminated by either side.

5.2 The Agent, Agencies, Builder/Developers, landlords and Advertisers or IPM may terminate this Agreement without reason by one party giving a minimum 30 days’ prior written notice to the other party, unless the relevant Application Form provides a fixed term for the Agreement (Fixed Term Period).

5.3 If a Fixed Term Period applies to the Agreement, the Agreement may be terminated before the expiration of the Fixed Term Period:

i. by the Agent, Agencies, Builder/Developers, landlords and Advertisers, in accordance with clause 26.4; or

ii. by indiapropertymarkets.com in accordance with clause 33.

If the Agreement is terminated prior to the end of the Fixed Term Period, the Agent, Agencies, Builder/Developers, landlords and Advertisers is obliged to pay all Prices chargeable for the Services prior to termination.

On the expiration of the Fixed Term Period, the Agreement will continue on a periodic basis, terminable by either the Agent, Agencies, Builder/Developers, landlords and Advertisers or IPM giving a minimum of 30 days’ prior written notice to the other party.

6. Agent, Agencies, Builder/Developers, landlords and Advertiser’s Plan and Add-On Services

6.1 The Agent, Agencies, Builder/Developers, landlords and Advertisers may only use the Services, including the Add-On Services, if the Agent, Agencies, Builder/Developers, landlords and Advertisers holds a right and subscribed for the Plan.

6.2 Each Plan is comprised of a bundle of Services. The Agent, Agencies, Builder/Developers, landlords and Advertisers may purchase additional Services that are not included in their Plan as Add-On Services.

6.3 Agent, Agencies, Builder/Developers, landlords and Advertisers may purchase Add-On Services at any time by completing the Application Form stipulated by IPM from time-to-time and agreeing to pay the relevant Price in advance.

6.4 The Add-On Services are available to Agent, Agencies, Builder/Developers, landlords and Advertisers who can pay & subscribe for the Plan:

7. Basic Plans

7.1 There is no BASIC PLANS currently, the plan starts from Silver Plan and goes upto Enterprise Premium Plan, the subscribers can choose any plan as per their budget and requirement.

8. Other Plans –

9. Upgrading Plans

9.1 An Agent, Agencies, Builder/Developers, landlords and Advertisers who holds a Silver or other Plan may upgrade their Plan to any higher Plan to get the Add-on service benefits at anytime by subscribing to relevant plan & features.

9.2  An Agent, Agencies, Builder/Developers, landlords and Advertisers may hold as many plans as they wish at anytime. However, we suggest to take any particular plan and subscribe for Add-on plans for better results.

READ MORE – Suitable Plan

10. Property Listings

10.1 Each Property must be Listed with complete address and other relevant details as per the standard format placed on the platform and attached at Agent, Agencies, Builder/Developers, landlords and Advertisers dashboard or at IPM Platform.

10.2 When a search is conducted on the Site, or a User browses the Site, Property Listings falling within the parameters of that search/browse and associated with the suburb searched/browed will appear in the following order:

  1. Top – Premium Enterprise + Luxury Plan
  2. 2nd – Enterprise Plan
  3. 3rd – Premium Plan
  4. 4th – Gold Plus Plan/Featured Listings
  5. 5th – Anonymous Plan
  6. 6th – Silver Plan
  7. Last – Basic Plan-FREE – if applicable

10.3 The Agent, Agencies, Builder/Developers, landlords and Advertisers must remove or switch-off button at I-Dashboard, all Content related to properties that are no longer available for sale, lease or licensing within 72 hours of those properties no-longer being available for sale, lease or license. If the Agent fails to do so, IPM may do so on the Agent’s behalf.

10.4 Failure to Remove or Intimate Indiapropertymarkets.com about  Non-availability of your property will result in 3 action;

  • After your property is Leased or Sold, remove it within 72 hours from your I-Dashboard or Intimate Indiapropertymarkets.com and we will remove it.
  • If your property Ad is not Removed from the platform for 120 hrs after it is Leased or Sold, you could be penalized @Rs.550 per day till your Ad is not removed.
  • If you failed to do so for another 220 Hours, and failed to pay penalty fee or worse, if anyone complains that your listing is not Available Sold and Leased, you or your company could be BLACKLISTED and you could not be able to place any Ad in the future on I-PLATFORM.
  • indiapropertymarkets.com takes this Part very seriously, so we suggest every subscriber to either REMOVE Ads from your Dashboard or Intimate us once your property is Leased or Sold or not available for any purpose or reason.

11. Finding a Property Listing & Search Criteria

11.1 Each Agent, Agencies, Builder/Developers, landlords and Advertisers Listing on the Site must be associated with a particular city/town or state as per the LISTING DETAILS GUIDELINES.

11.2 Agent, Agencies who hold the Higher Plan or the other paid Plan are entitled to an Agent Listing associated with the suburb in which the Agent’s Office is located and the adjacent suburbs. The Agent can select additional suburbs to be associated with their Agent Listing by buying & upgrading additional plan.

11.3 Agents & Agencies who hold a Basic Plan (if applicable) are not entitled to have an additional Agent listed on the platform.

12. Agent Listing Upgrades

12.1 Subject to clause 6.5, Agents may purchase or upgrade to higher plans to be more visible at the search by users & visitors.

13. Exclusive Top Listing Service

12.1 Subject to clause 6.5, the Agent, Agencies, Builder/Developers, landlords and Advertisers may purchase the Exclusive Top Listing Service as an Add-On Service by completing the Application Form from time-to-time and agreeing to pay the relevant Price.

13.2 Only limited Exclusive Top Listings Service is available per city/town. Priority is determined by the order in which Agent, Agencies, Builder/Developers, landlords and Advertisers have requested the Exclusive Top Listing Service.

13.3 Exclusive Top Listings can be transferred to another city/town or Office once selected.

13.4 The Exclusive Top Listing Service is available for a minimum term of 1 month.

13.5 Exclusive Top Listings will automatically renew for successive 1 month periods at the end of the period for which they are initially selected but, after the expiration of that initial period, may be terminated by either by the Agent, Agencies, Builder/Developers, landlords and Advertisers.

14. Agent & Agencies must be authorized

14.1 The Agent & Agencies must be validly appointed pursuant to landlords/ Authorities to manage all properties in respect of which the Agent & Agencies places a Property Listing on the Site.

14.2 Unless instructed otherwise by the property owner, the Agent & Agencies must create Property Listings on the Site for all properties in respect of which the Agent & Agencies has a signed authority to sale, lease or manage the property.

15. Use of the Site – Listing Norms

15.1 All Content entered on the Site by the Agent, Agencies, Builder/Developers, landlords and Advertisers must be accurate and kept up-to-date, including all links. The Agent, Agencies, Builder/Developers, landlords and Advertisers must notify indiapropertymarkets.com via relevant  Email Address if Content supplied by the Agent, Agencies, Builder/Developers, landlords and Advertisers uploaded to the Site becomes out of date.

15.2 The Agent, Agencies, Builder/Developers, landlords and Advertisers must ensure that all properties are listed in the correct City/towns; i.e. the listing suburb must be as per the “Statements” section of the Certificate of Title labeled “PROPERTY STREET ADDRESS with CITY”, and follow the IPM’s standard listing policy & procedures – READ MORE. Any incorrect or incomplete listing request will not be entertained in any situation.

15.3 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not enter or cause to be entered any html tags or coding or email id or contact no. onto or into any descriptions of any properties on the Site, the Agent, Agencies, Builder/Developers, landlords and Advertisers may end-up getting BLACK-LISTED and stopped from future listings and other services on IPM Platform if found involved in repeated action.

15.4 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not engage in Scraping, reproduction of content, Database Mining or Deep Linking or in any way using multiple Basic Listings format (if applicable) in different names or id to use our platform, if caught, in such situation, you will be Blacklisted and services will be stopped with immediate effect on our site.

15.5 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not engage in spamming, personal abuse or illegal behavior.

15.6 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not knowingly transmit viruses, malware or similar malicious code or scripts.

15.7 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not assist or allow from their account, other agents or private sellers to advertise properties on the Site using the IPM platform and it’s add-on Services.

15.8 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not cause or allow duplicate Property Listings to appear on the Site.

15.9 It is compulsory that all subscribers are submits and attaches their REAL Images on their Profile Dashboard, IPM doesn’t allow to create profile page without REAL image of the subscriber and will be verified with id proof. If caught faking images, they can be blacklisted and not allowed for further use of the services.

15.10   The Agent, Agencies, Builder/Developers, landlords and Advertisers        acknowledges that:

i. the Site is a medium through which Agent, Agencies, Builder/Developers, landlords and Advertisers may communicate with Users. IPM does not make any warranties as to the individual character of the Users nor the ability of any individual User to pay for services provided by the Agent, Agencies, Builder/Developers, landlords and Advertisers to that User; and

ii. while IPM will use its best efforts to provide the Services using reasonable and best of Technology and care, the Services may become temporarily unavailable from time-to-time due to technical failures, network congestion, periodic maintenance, disrupted telecommunications services or other causes.

15.11  IPM does not monitor or exercise editorial control over Content placed on the Site by Users, including the Agent, Agencies, Builder/Developers, landlords and Advertisers, but reserves the right to:

a. access or examine any Content posted by the Agent, Agencies, Builder/Developers, landlords and Advertisers or any other User; and

b. at IPM’s discretion amend, move, remove or disable access to any Content which IPM considers, in its reasonable opinion to breach any Applicable Law or to be contrary to this Agreement or otherwise unacceptable as per the standard listing norms.

IPM may suspend the Services without notice to the Agent, Agencies, Builder/Developers, landlords and Advertisers in the following circumstances:

a. if IPM is required to comply with an order, instruction or request of a government agency, emergency services organization or other competent authority;

b. if IPM is required to undertake emergency repair, maintenance or service of any part of the Site;

c. if it is reasonably required to reduce or prevent fraud or interference within the Site network;

d. in order to enable IPM to comply with any Applicable Law; or

e. as an alternative to the exercise of IPM’s rights of termination under this Agreement.

16. Misleading or Deceptive Conduct

16.1 The Agent, Agencies, Builder/Developers, landlords and Advertisers must not knowingly engage in misleading or deceptive conduct; any conduct that is misleading or deceptive or is likely to be misleading or deceptive including, but not limited to, the following conduct:

i. listing a property on the Site under the name of the Agent, Agencies, Builder/Developers, landlords and Advertisers as a property Owner when, in fact, the property is being sold or leased by a property consultant  without using the services of that Owner;

ii. listing a property on the Site under the name of an agent as the relevant property consultant when the Agent does not intend to or, alternatively, does not in fact, comply with the obligations to provide the services and duties specified as being required of such an agent under the RERA Act 2016;

iii. listing a property under the name of an Agent as the relevant property consultant when the property in fact is sold or leased privately; or

iv. identifying in any advertisement, content, posting or listing on the Site contact details that infer that those details are those of the relevant Agent when in fact the contact details are not those of the Agent.

v. In the above cases, if it is proved that the Agent, Agencies, Builder/Developers, landlords and Advertisers is misleading OR posting deceptive content on the Platform/Site, IPM reserves the right to BLOCK that person or an Entity indefinitely without any further notice.

17. Use of Content

17.1 By uploading or otherwise providing any Content to the Site, the Agent, Agencies, Builder/Developers, landlords and Advertisers grants a perpetual, irrevocable, royalty-free, non-exclusive license throughout the world to IPM to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute, perform and display, whether in whole or in part, all Content uploaded by the Agent, Agencies, Builder/Developers, landlords and Advertisers to the SITE.

17.2 The Agent, Agencies, Builder/Developers, landlords and Advertisers warrants that, in relation to all Content uploaded or otherwise provided to the website by the Agent, Agencies, Builder/Developers, landlords and Advertisers:

a. the Agent, Agencies, Builder/Developers, landlords and Advertisers owns Content, or otherwise has the right to grant the license set out in clause 24.1;

b. in relation to any Content related to a property the subject of a Property Listing uploaded to the Site by the Agent, Agencies, Builder/Developers, landlords and Advertisers, the landlord of the property and the tenant of the property (if the property has been sold or leased) have consented to IPM using the Content as referred to in clause 24.1 and the Agent, Agencies, Builder/Developers, landlords and Advertisers has complied with all obligations imposed by the Indian RERA Act 2016.

18. Payments & Charges

18.1 The Agent, Agencies, Builder/Developers, landlords and Advertisers will pay IPM the Price for the Services as per the Plan selected.

18.2 The Price will be payable on IPM‘s acceptance of this Agreement and is payable fully in advance. All plans will be ACTIVATED once the payment is received & confirmed by IPM. For more details visit our FEATURES & PLANS

18.3  All payment must be paid in advance. IPM platform is pay and uee service provider and all plans will be activated once the full payment is made and accepted by IPM.

18.4 Unless otherwise stated all of IPM’s rates as mentioned in Listing Features & Plans are inclusive of GST.

18.5 If the processing date falls on a banking holiday direct debit payments may be processed on the next business day.

18.6 Any payment disputes made by an Agent, Agencies, Builder/Developers, landlords and Advertisers must be made in writing to IPM within 14 days from the date upon which the cause of the dispute first arises.

19. Alteration to Services, Prices and Terms and Conditions

19.1 IPM reserves the right to add or withdraw any of its Services, and modify or otherwise alter the Services without advance notice.

19.2 IPM reserves the right to change or alter:

    1. any and all Prices;
    2. the Services
    3. these Terms and Conditions;
    4. the Use of Site Conditions; or
    5. other conditions of supply of this Agreement or the Services,
    6. at any time and from time-to-time by:
    7. publishing the changes on the Site; and
    8. and advising Agent, Agencies, Builder/Developers, landlords and Advertisers  of the fact that modifications have been made to the Prices, the Services, these Terms and Conditions, the Use of Site Conditions or other terms or conditions of this Agreement or the Services by email notice to the email address provided by the Agent, Agencies, Builder/Developers, landlords and Advertisers to IPM .

19.3 IPM will use its best efforts to provide 3 months’ notice in advance of the effective date of the changes set out in clauses 26.1 and 26.2.

19.4 If any changes made by IPM pursuant to clauses 26.1 and 26.2 amount to a substantive alteration to the Services selected by the Agent, Agencies, Builder/Developers, landlords and Advertisers, the Agent, Agencies, Builder/Developers, landlords and Advertisers may terminate the Agreement on 30 days’ notice to indiapropertymarkets.com, PROVIDED THAT such notice is given within 30 days of IPM providing notice of those changes as stipulated in sub-clauses and (ii). Otherwise, continued use by the Agent, Agencies, Builder/ Developers, landlords and Advertisers of the Services is taken as acceptance of any changes made pursuant to clauses 26.1 and 26.2.

20. Copyright

20.1 The IPM Content is owned and/or controlled by IPM (www.indiapropertymarkets.com) the company New Horizon Realty Tech Ventures, its suppliers and/or licensors unless expressly indicated otherwise on the Site. The IPM Content is protected by Indian and International copyright and trademark laws. The Agent, Agencies, Builder/Developers, landlords and Advertisers must not commit or permit any act or omission by it or its consultants, agents, employees or any third party which will impair the copyright or other proprietary rights to the IPM Content, including but not limited to copying, reproducing, republishing, reframing, uploading to a third party, posting, transmitting or distributing the indiapropertymarkets.com Content in any way except as expressly provided for on the Site.

20.2 Without limiting the generality of the subclause 27.1, no IPM Content will be copied or transferred to another file, where access to the Services permits the Agent, Agencies, Builder/Developers, landlords and Advertisers to print data in machine readable form (using commands designated for this purpose) and the Agent, Agencies, Builder/Developers, landlords and Advertisers agrees:

  1. not to transfer, retransmit, duplicate or resell any IPM Content to any third party without the prior written approval of IPM;

2. not to use these items from the Services to combine with any other information with the object of offering it online or in any other way to third parties without the prior written approval of IPM.

21. Disclaimer

21.1 The Services and the IPM Content is made available on the understanding that IPM is not rendering professional advice. While IPM has made every effort to ensure the accuracy, reliability, completeness and suitability for purpose of the information presented, IPM does not give any guarantee or take any responsibility or accept any liability (including without limitation, liability in negligence) arising from or connected to any errors or omissions. IPM accepts no responsibility and disclaims all liability for any losses, damages or costs as a result of the use or reliance on the Service.

21.2 End Users and Agents must exercise their own skill and care with respect to the use of any information provided by IPM, and before relying on the information, that End Users and Agents must carefully consider its relevance to their purpose and obtain any professional advice appropriate to their particular circumstances. The Services may be subject to Privacy Legislation and contractual restrictions and must not be used for direct marketing of goods and services or be released to any person or third party for the purpose of direct marketing of goods and services. IPM takes no responsibility for any breaches of Privacy Legislation by any person in relation to the Services.

22. Limitation upon IPM's obligations and Representations

22.1 All terms, conditions, representations, warranties, guarantees and indemnities by IPM (Representations), not expressly contained in this Agreement, whether arising by operation of law or otherwise, are hereby expressly excluded to the maximum extent permitted by law and, in particular, but in no way limiting the generality of it, IPM  makes no Representations as to the completeness or accuracy of the data comprised in the Services or as to its fitness for use and for any purpose.

23. Warranties by Agent, Agencies, Builder/Developers, landlords and Advertisers

23.1 The Agent, Agencies, Builder/Developers, landlords and Advertisers warrants, as a continuing warranty through the duration of this Agreement that:

  1. the Agent, Agencies, Builder/Developers, landlords and Advertisers will not place any Content on the Site, including in relation to Property Listings or Agent, Agencies, Builder/Developers, landlords and Advertisers Listings, that does not relates to the sale, lease, franchise of properties;
  2. the Agent, Agencies, Builder/Developers, landlords and Advertisers (whomsoever it is applicable) has a signed authority and confirm that they have registered under the RERA act 2016, to sell, lease or manage any property put onto the Site;
  3. all details entered on the Site by the Agent, Agencies, Builder/Developers, landlords and Advertisers are accurate and kept up-to-date; and
  4. the Agent, Agencies, Builder/Developers, landlords and Advertisers has complied with the requirements of the Privacy Law as to content security, access, disclosure and use in respect of all Content uploaded to the Site.

24. Liability

24.1 IPM will not be liable to the Agent, Agencies, Builder/Developers, landlords and Advertisers for any loss of profit, or earnings, or any damages suffered (including to goodwill) by any person arising directly or indirectly out of the provision of the Services whether in accordance with the terms of the Agreement or otherwise and whether caused by negligence or willful act or omission of IPM, its consultants, contractors, agents or employees or from any other cause.

24.2 Under no circumstances will IPM or any related corporation or their respective officers, consultants, contractors, agents or employees be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Site, the Services or any IPM Content.

24.3 IPM’s liability of any nature or kind including, without limitation, negligence with respect to the subject matter of this Agreement, or for non-compliance with or breach of any Representations which cannot be excluded by Agreement, is limited to, at IPM‘s option, providing the Agent, Agencies, Builder/Developers, landlords and Advertisers with Services to replace the Services in respect to which the breach or non-compliance arose, or refunding the Price paid for those un-used Services.

25. Indemnity

25.1 The Agent, Agencies, Builder/Developers, landlords and Advertisers indemnifies and holds IPM and officers, consultants, contractors, agents and employees harmless from and against any loss, claim, demand, expense (including legal fees) arising out of the Agent, Agencies, Builder/Developers, landlords and Advertiser’s use of or access to the Services and Site. The obligations imposed by this clause benefit IPM and its officers, consultants, contractors, agents and employees jointly and severally.

26. Default

26.1 If there is a breach of any of the Terms and Conditions of this Agreement by the Agent, Agencies, Builder/Developers, landlords and Advertisers and IPM has given 15 days’ notice of breach then:

    1. all monies payable by the Agent, Agencies, Builder/Developers, landlords and Advertisers to IPM will at IPM‘s election become immediately due and payable despite the specified period for payment not yet having expired;
    2. IPM may withhold the delivery of Services already ordered by the Agent, Agencies, Builder/Developers, landlords and Advertisers and is at liberty to suspend the Services to be provided to the Agent, Agencies, Builder/Developers, landlords and Advertisers pursuant to this Agreement;
    3. in the event of a suspension of an Agent, Agencies, Builder/Developers, landlords and Advertiser’s account, the concerned party must immediately pay IPM the Price for the Services that have been subscribed by them up to that time;
    4. in the event of a suspension of Agent, Agencies, Builder/Developers, landlords and Advertiser’s account, IPM is not liable to refund any monies or credit the concerned party’s account with respect to the time the concerned party remains in breach of the Agreement for the Services that ought to have been provided;
    5. IPM may list the Agent, Agencies, Builder/Developers, landlords and Advertisers with any credit rating authority it so chooses and will only remove such a listing when the concerned party remedies its breach of this Agreement;
    6. IPM may charge interest on any overdue amount at the prevailing Reserve Bank of India cash rate per annum calculated daily on the amount overdue until payment is received in full;
    7. IPM may charge to the Agent, Agencies, Builder/Developers, landlords and Advertisers all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of IPM to recover any monies owing by the concerned party to IPM or to secure any indebtedness or liability by the Agent, Agencies, Builder/Developers, landlords and Advertisers to IPM despite no demand having been made by IPM for payment to the concerned party; and
    8. Notwithstanding the terms of clause 33, if there is any breach of clauses 27 and/or 30 of these Terms and Conditions, IPM (in addition to the rights given to IPM under clause 33) may immediately remove any advertisement, content, posting or listing from the Site that relates to that breach.

27. Assignment

27.1 IPM may transfer all or any part of its rights, interests, obligations or liabilities under this Agreement by assignment or by notation to any related third party (including any related body corporate of IPM or other entity) without prior notice to the Agent, Agencies, Builder/Developers, landlords and Advertisers. If IPM elects to do so, the Agent, Agencies, Builder/Developers, landlords and Advertisers must upon request by IPM execute any deed, agreement or notice of assignment acknowledging and agreeing to such assignment by IPM, or an agreement or deed of notation (in a form prepared by IPM), substituting a third party in IPM‘s place under this Agreement.

27.2 The Agent, Agencies, Builder/Developers, landlords and Advertisers may only transfer its rights, interests, obligations or liabilities under this Agreement to another party with the prior written consent of IPM , which consent will not be unreasonably withheld by Agent, Agencies, Builder/Developers, landlords and Advertisers.

28. Entire Agreement

28.1 Subject to clause 3, this Agreement, including notices of other Conditions provided to the Agent, Agencies, Builder/Developers, landlords and Advertisers in any printed form or otherwise published by IPM, including revisions of them constitute the entire agreement between the parties on this subject matter.

29. Severability

29.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.

30. Security

30.1 The Agent, Agencies, Builder/Developers, landlords and Advertisers agrees to do whatever is reasonably requested by IPM to maintain security for the Services and to ensure that the Services are not used by people who are not permitted to use it under this Agreement.

31. Law

30.1 This Agreement and all matters arising from the relationship of IPM and the Agent, Agencies, Builder/Developers, landlords and Advertisers will be interpreted and governed in accordance with the laws of the State of New Delhi, India. The Agent, Agencies, Builder/Developers, landlords and Advertisers submits and agrees to the exclusive jurisdiction of the Courts of New Delhi, India.

32. Taxes

32.1 Agent, Agencies, Builder/Developers, landlords and Advertisers will pay all taxes, duties and other government charges payable in connection with this agreement whether applying as at the date of this agreement or in the future including, without limitation, any applicable goods and services tax (GST), other value added tax, sales tax, stamp duty, but excluding taxes, duties and government charges based on the income generated by IPM.

For Queries & Support

For Any Querries, Clarification or Support, please reach our below mentioned concerned department via email or online chat system;

Mr.Yogesh Thakur (Support Officer)

Email – support@indiapropertymarkets.com

G-7, N-block, Saket,

New Delhi – 110017,

India.

 

www.indiapropertymarkets.com
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