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TERMS OF USES |
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Terms of Use(Defined Terms):
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This website, www.estate99.net, (hereinafter referred to as "estate99") is owned,
hosted and operated by Delhi Buildmart Private Limited (hereinafter referred to as
Delhi Buildmart), a company incorporated in India under the Companies Act,
1956 and having its registered office at G – 9, Plot No – 19, Sagar Plaza, District
Centre Laxmi Nagar, Delhi – 110092.
Please read this document carefully by accessing or using estate99, you agree to
be bound by the terms set forth below and the same would be treated and considered
as a valid and binding contract between you and Delhi Buildmart Pvt. Ltd.. Delhi
Buildmart may amend/modify these Terms and Conditions at any time, and such modifications
shall be effective immediately upon posting of the modified Terms and Conditions
on estate99. You may review the modified Terms and Conditions periodically to be
aware of such modifications and your continued access or use of estate99, shall
be deemed conclusive proof of your acceptance of these Terms and Conditions, as
amended/modified from time to time.
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Eligibility
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Membership to the estate99 is void where prohibited. For using this site you must
be eligible to enter into, execute and abide the terms of this, contract as per
the applicable laws of India. Your use of estate99 represents and warrants that
you have the right, authority and capacity to enter into this Agreement and to abide
by all of the Terms of Use Agreement of this Agreement.
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Acceptance
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- In order to use the services, you must first agree to the Terms. You may not use
the site/services if you do not accept the Terms.
- You can accept the Terms by:
- Clicking to accept or agree to the Terms, where this option is made available to
you by estate99 in the member interface for any service; or
- By actually using
the services. In this case, you understand and agree that estate99 will treat your
use of the services as acceptance of the Terms from that point onwards.
- You may not use the site/services and may not accept the Terms if
- You are not of legal age to form a binding contract with Delhi Buildmart, or
- You are a person barred from receiving the services under the laws of the India
or other countries including the country in which you are resident or from which
you use the services.
- If you have any questions about these terms, please contact (info@estate99.net).
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Commencement of Service
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- The Service shall be deemed to have commenced on the Date of Commencement of service.
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Subscription Fees
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- The applicable rate of the Subscription Fees for the Service provided shall be such
as mentioned in the “My Subscriptions” page or as may be prescribed by the Company
from time to time
- Liability for the Subscription Fees shall accrue from the Date of Commencement.
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All individual Users who access or make postings of information at estate99.net
for the purpose of buying property shall be exempted from the application of this
clause.
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Payment
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- Where Subscription Fees 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.
- 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.
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Refund in Failed Transactions
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Though Delhi Buildmart Pvt. Ltd. payment reconciliation team works on a 24 x 7 basis,
Delhi Buildmart Pvt. Ltd. offers no guarantees whatsoever for the accuracy or timeliness
of the refunds reaching the Members card/bank accounts. This is on account of the
multiplicity of organizations involved in processing of online transactions, the
problems with Internet infrastructure currently available and working days/holidays
of financial institutions. Refunds in the event of wrong/objectionable property
content being posted on the site would be at the discretion of estate99.
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Cancellation
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- estate99.net shall reserve the exclusive right to cancel 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 laid down in the cancellation
and refund policy.
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Obligations of User/Subscriber
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- The accuracy of the Registration Data given to the Company on initial application
for the Service shall be the sole responsibility of the User.
- Any licenses, permits, consents, approvals and intellectual property or other rights
as may be required for using the Service shall be obtained by the User at his own
cost.
- The User will ensure compliance with all notices or instructions given by the Company
from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for all applicable taxes
and for all costs that are incurred in using the estate99.net service.
- The User shall be solely responsible for all information retrieved, stored and transmitted
through the Service by him.
- 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.
- 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.
- The User shall promptly make the payment to the Company towards the Subscription
Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for
access to the Service.
- estate99.net in its sole discretion shall reserve the right to edit, modify and
alter the content. User agrees that the online advertisements placed with estate99.net
shall be reflected after 48 hours. The user further agrees to the stipulated 48
hours processing.
- The User will indemnify Delhi Buildmart Private Limited any action or claim committed/made
by any third party resulting from any information posted on the site by the user
or/and anybody else on his behalf.
- “Estate99 do not accept any responsibility towards the data entered in our website.
The user who has entered the data is fully responsible for any wrong data entered
and be liable for any and all action taken by third party (whether civil/criminal).
Delhi Buildmart Private Limited / Estate99 however shall Endeavour to use the best
industry practice of weeding out all wrong data/ false data entered and undertakes
to withdraw all such data within 24 hours of receipt of such complaint. All complaint
should be addresses by email at customercare@xxx.com or customercare@xxxx.com or
intimated by phone at +91-xxx-xxxxxx.”
- “The user agrees that any data entered into herein can and shall be saved, used
and commercially exploited by Delhi Buildmart Private Limited / Estate99 as deemed
fit by them”.
- “User of the website agrees to indemnify and keep Delhi Buildmart Private Limited
/ Estate99 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 and not to any other third party”
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Prohibited Actions
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- User is restrained from allowing any person other than the authorized person(s)
named in the application form to use the Service
- The User undertakes not to resell or assign his/her rights or obligations under
these Terms & Conditions. User also agrees not to make any unauthorized commercial
use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- 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.
- The User shall not to print, download, duplicate or otherwise copy, delete, vary
or amend or use any data or personal information posted by any User on estate99.net
except such data and information which is posted by the particular User himself.
- The User shall not share the Service with any person without the prior written approval
of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation
criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive
on moral, religious, racial
- The User shall be prohibited if they persistently send messages or make postings
on estate99.net to any other User or third party who access estate99.net without
reasonable cause or for causing any threat or/and harassment or/and annoyance or/and
anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe on any intellectual property rights of any person or/and
retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free,
irrevocable, sub-license able (through multiple tiers) right to exercise all copyright
and publicity rights, in any existing or future media, known or unknown, over the
material or User Data displayed in your listings. For the purpose of this Agreement,
"User Data" shall mean all information (if any) submitted by the User to estate99.net
with the exception of trading data, credit card numbers, checking account numbers,
etc. "Individually Identifiable User Data" shall mean that subset of "User Data"
which can be reasonably used to identify a specific individual such as their name,
address, phone number, etc. The User Data shall be deemed to be the property of
estate99.net. The User shall take all reasonable efforts to ensure that it is accurate
and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other than as necessary
to complete any estate99.net transactions in which you are involved.
- The User shall not violate, or attempt to violate the security of estate99.net and/or
any web sites linked to estate99.net or gain un-authorized access any information
regarded as private by other Users or persons, including but without limitation
to accessing data and information not intended for them or logging onto a server
or account which the User is not authorized to access, attempting to probe, scan
or test the vulnerability of a system or network or attempting to breach security
or authentication.
- The User shall be prohibited to introduce post or transmit any information or software,
which contains a virus, worm or other harmful component into the internet or estate99.net
network system.
- 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 without prior
notice to the User. The Company shall issue a warning to the User to discontinue
any activity which leads to the said violations and in the event the User continues
with such prohibited activity, the Company reserves the unilateral right to suspend
or/and deactivate the User’s access to estate99.net the Service and/or any other
related facility. In addition to the right to indemnity available to the Company,
the Company shall have the right 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.
- The Users shall avail of the estate99.net or any other related site for lawful purposes
alone. Transmission or/and distribution or/and storage of material or/and conduct
in violation of any applicable local or/and state or/and Central or/and foreign
law or/and regulation is prohibited. This includes without limitation any unauthorized
use of material protected by patent or/and copyright or/and trademark or/and other
intellectual property right, material that is obscene or/and defamatory or/and libellous
or/and constitutes an illegal threat, or/and violates rights of privacy or publicity,
or/and violates export control laws. The User may use the information on our site
only to the extent necessary to facilitate estate99.net related transactions.
- The estate99.net strongly opposes SPAM, which floods the Internet with unwanted
and unsolicited email and deteriorates the performance and availability of the estate99.net
service. All forms of SPAM, or any other activities that have the effect of facilitating
SPAM, are strictly prohibited.
- estate99.net also prohibits the use of another Internet service to send or post
SPAM to drive visitors to your site hosted on or through estate99.net systems, whether
or not the messages were originated by you, under your direction, or by or under
the direction of a related or unrelated third party.
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Confidentiality & Security
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- To protect the secrecy of his 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).
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Since a user identification is necessary to access the Service; the User shall use
only his own user Identification.
- It is agreed by the User that he acquire s 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 proved 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.
- 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 by telephone or/and personally concurrently provide the
Company with a written notice to that 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.
- The password and username being made available to the customer shall be used only
by the organization named by the customer and the employee of the organization.
The User shall take all necessary pre-cautions to prevent un-authorized access or/and
leakage of username or/and password being provided by the Company to him.
- The user shall not use any software to automatically download or/and extract either
a complete or/and partial listing from estate99.net database without prior consent
from Estate99 in writing.
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Maintenance
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- The Company may at its sole discretion and without assigning any reason whatsoever
at any time deactivate or/and suspend the User’s access to estate99.net and/or the
Services (as the case may be) without notice to carry out system maintenance or/and
upgrading or/and testing or/and repairs or/and other related work. Without prejudice
to any other provisions of this Agreement, the Company shall not be liable for any
loss or/and damage or/and costs or/and expense that the User may suffer or incur,
and no fees or/and charges payable by the User to the Company shall be deducted
or refunded or rebated, as a result of such deactivation or/and suspension.
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Termination
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- Either party to this agreement may terminate this Agreement by giving prior notice
of 30 days in writing.
- 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.
- However, the Company irrespective of clause 1 and 2 above may terminate this Agreement
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 and
conditions of this agreement 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 Service 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 and further without any prejudice to
any/all other rights:
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Liabilities upon Termination
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- If the Agreement is terminated pursuant to clauses set out in 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.
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EXCLUSION OF WARRANTIES
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- NOTHING IN THESE TERMS, INCLUDING SECTIONS _____ AND _____, SHALL EXCLUDE OR LIMIT
ESTATE99'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR
LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN
YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF
THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND
"AS AVAILABLE."
- IN PARTICULAR, ESTATE99, ITS SUBSIDIARIES AND AFFILIATES, AND
ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
- YOUR USE OF THE SERVICES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED
BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
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THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS
PART OF THE SERVICES WILL BE CORRECTED
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER IN
WRITING, OBTAINED BY YOU FROM ESTATE99 OR THROUGH OR FROM THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- ESTATE99 FURTHER EXPRESSLY DISCLAIMS
ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
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Limitation of Liability
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- User agrees that neither estate99.net nor any of its providers of information shall
be liable for any direct or/and indirect or/and incidental or/and special or/and
consequential or/and exemplary damages, resulting from the use or/and the inability
to use the service or/and for cost of procurement of substitute goods or/and services
or resulting from any goods or/and data or/and information or/and services purchased
or/and obtained or/and messages received or/and transactions entered into through
or/and from the service or/and resulting from unauthorized access to or/and alteration
of user's transmissions or/and data or/and arising from any other matter relating
to the service, including but not limited to, damages for loss of profits or/and
use or/and data or other intangible, even if estate99.net has been advised of the
possibility of such damages. User further agrees that estate99.net shall not be
liable for any damages arising from interruption, suspension or termination of service,
including but not limited to direct or/and indirect or/and incidental or/and special
consequential or/and exemplary damages, whether such interruption or/and suspension
or/and termination was justified or not, negligent or intentional, inadvertent or
advertent. User agrees that estate99.net shall not be responsible or liable to user,
or anyone, for the statements or conduct of any third party of the service. In sum,
in no event shall estate99.net 's total liability to the User for all damages or/and
losses or/and causes of action exceed the amount paid by the User to estate99.net,
if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non fulfillment
of the service/s on estate99.net 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/s, the User shall not claim any right/damages/
relief, etc against the Company for “Deficiency of service” under The Consumer Protection
Act or any other Act/Rules, etc.
- Estate99 (Delhi Buildmart Private Limited) shall not be liable for any and all costs,
charges, expenses, etc incurred in relation to the downloading fees by third party,
airtime, ISP connection costs, etc., of which are to be borne by the user personally.
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Advertisement
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- Some of the services are supported by advertising revenue and may display advertisements
and promotions. These advertisements may be targeted to the content of information
stored on the services, queries made through the services or other information.
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The manner, mode and extent of advertising by estate99 on the services are subject
to change without specific notice to you.
- In consideration for estate99 granting
you access to and use of the services, you agree that estate99 may place such advertising
on the services. In this regard you may see our Advertisement Policy.
- If You
have any questions about these terms, please contact (advertisements@estate99.net).
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Disclaimers
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Estate99 will take all possible measures to avoid any misrepresentation, fraud,
illegal and unlawful action/inaction by any person using services of estate99 but
does not guarantee for any accuracy, correctness and/or reliability of any such
information/content or member of estate99. You are bound to be alert and check the
accuracy and correctness of any information submitted by any member on estate99
site. Any thing provided on this site is only for your reference and should not
be treated as an advice of estate99 and before using or putting into any use of
any such advice, or draft document you must consult a Legal practitioner.
Your use of the estate99 service is at your sole risk please note that this contract
strictly limits our liability and estate99 does not provide any warranty for the
service. The contract also limits your remedies.
Estate99 is not responsible for any incorrect or inaccurate content posted on the
site or in connection with the estate99 service, whether caused by members, members
or by any of the equipment or programming associated with or utilized neither in
the service, nor for the conduct of any member and/or member of the estate99 service
whether online or offline.
Estate99 assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, member and/or member communications.
Estate99 is not responsible for any problems or technical malfunction of any telephone
network or lines, computer on-line-systems, servers or providers, computer equipment,
software, failure of e-mail or players on account of technical problems or traffic
congestion on the internet or at any web site or combination thereof, including
injury or damage to you, members and/or members or to any other person's computer
related to or resulting from participating or downloading materials in connection
with the estate99 site and/or in connection with the estate99 service.
Under no circumstances will estate99 be responsible for any loss or damage resulting
from anyone's use of the site or the service and/or any content posted on the estate99
site or transmitted to estate99 members. The exchange of any information/messages
through estate99 should not in any way be construed as any offer and/or recommendation
from/by estate99.
Estate99 shall not be responsible for any loss or damage to any individual arising
out of, or subsequent to, relations established pursuant to the use of estate99.
The site and the service are provided "as-is". Estate99 cannot guarantee and does
not promise any specific results from use of the site and/or the estate99 service.
Estate99 and its subsidiaries, affiliates, officers, employees, agents, partners
and licensors expressly disclaim 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. Any material downloaded or
otherwise obtained through the use of the service is accessed at your own discretion
and risk, and you will be solely responsible for any damage to your computer system
or loss of data that results from the download of any such material. Estate99 disclaims
any liability, whatsoever, arising out of or in connection with the services being
offered though estate99.
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Indemnity
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You agree to indemnify and hold estate99, 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 estate99 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.
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Confidentiality
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- For the purpose of this Agreement and attachments thereto and all renewals, “ Confidential
Information ” means all financial, commercial, technical, operational, staff, management
and other information, data and know-how relating to the Project or to a party (the
“ Disclosing Party ” herein the Company ) or any other members of the Disclosing
Party’s group of companies ( including, without limitation, as to products and services,
assets, customers, date and database, suppliers or employees), which may be supplied
to or may otherwise com e into the possession of the other (the “ Receiving Party
”, herein the User ), whether orally or in writing or in any other form, and which
is confidential or proprietary in nature or otherwise expressed by the Disclosing
Party or by any of its Associates to be confidential, and not generally available
to the public.
- The Receiving Party shall keep confidential and secret and not disclose to any third
party the Confidential Information nor any part of it, except to any of the Receiving
Party’s Associates, if required and upon prior permission in writing from the Disclosing
Party. The Receiving Party agrees to take all possible precautions with regard to
protecting confidential information from any third party and shall ensure that all
its Associates to whom such disclosure e is made will act in accordance with the
terms of this Agreement as if each of them were a party to this Agreement, and if
required obtain a written statement from each of its employees/associates having
access to such Proprietary Information undertaking to abide by the confidentiality
conditions. All Proprietary Information shall be kept separate and exclusive and
at the usual place of business (or residence as the case may be) of the Receiving
Party.
- Further no use, reproduction, transformation or storage of the Proprietary Information
shall be made by the User without the prior written permission of the Company, except
where required to be disclosed pursuant to any applicable law or legal process issued
by any court or the rules of any competent regulatory body.
- On request of the Disclosing Party made at any time, including at the time of termination
of this Agreement, the Receiving Party shall deliver back to the Disclosing Party
all original documents, records, data and other material in the possession, custody
or control of the Receiving Party that bear or incorporate any part of the Proprietary
Information. The obligations of confidentiality set out in this Agreement shall
continue to be in force notwithstanding termination of this Agreement for any reason
whatsoever.
- All information and data submitted by the User shall become the property of the
Company. However all such information shall be kept strictly confidential and the
Company shall not, subject to “Violation of Terms & Conditions” clause, release
any such data and information to any third party without the prior consent of the
User.
- The User has access to only his own data and information stored in the database
at estate99.net (subject to prior confirmation of identity) and nothing more. The
User may edit or amend such data and information from time to time.
- All confidential information (including name, e-mail address etc.) voluntarily revealed
by the User in chat and bulletin board areas, is done at the sole discretion and
risk of the User. If such information, collected by a third party is misused or
results in unsolicited messages from such third parties, then such actions are beyond
the use beyond the control and liability of estate99.net and the company accepts
no responsibility or liability whatsoever for such actions.
- All copyright and/or know-how and/or any other related intellectual property rights
to the Service or estate99.net 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 estate99.net 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.
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Variation
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- The right to amend vary or change the terms and conditions contained herein and
in the Services Guide at any time exclusively rests with the Company, upon notice
(in such form as may be determined by the Company) to the User.
- This Agreement will be periodically undated and the Terms and Conditions changed
from time to time and the changed or updated Agreement posted at estate99.net. The
User should visit the site periodically to review the latest Terms and Conditions.
For the avoidance of doubt, the User's continued use of the Service constitutes
an affirmation and acknowledgement of the amended terms and conditions.
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Discontinuation or Modification to Services
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- The Company reserves the unilateral right to add to /and/or change and/or delete
and/or end the Service at anytime with or without notice to the User. Except for
paid service, a pro-rated refund shall be effected for the remaining unused period.
- There shall be no liability on behalf of the Company to the User or any third party
in case the Company exercises its unilateral right to modify or discontinue the
Service.
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Notices
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- All notices shall be in English and in writing and (a) if sent to the User to the
address identified on the Application Form and (b) if sent to the Company to such
address as provided in writing for such notice purposes; provided, however, that
all invoices and payments shall be sent to the attention of The Company’s Finance
department, all legal notices shall be sent to the attention of the Company’s Legal
Department, and all other correspondence shall be sent to the attention of the account
manager specified by the Company. Notice shall be deemed given upon receipt when
delivered personally and upon received acknowledgment / written verification of
receipt from overnight courier and finally upon verification of receipt of registered
or certified mail
- All notices from the Company including notice of change to these Terms & Conditions
or other matters related to estate99.net will be done by displaying notices to Users
on the Service.
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Non-exclusive Remedy
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- Termination or expiration of this Agreement, in part or in whole, shall not limit
either party from pursuing other remedies available to it, nor shall either party
be relieved of its obligation to pay all fees that are due and owing under this
Agreement through the effective date of termination. Neither party shall be liable
to the other for any damages resulting solely from termination as permitted herein.
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Waiver
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- The failure of estate99.net to exercise or enforce any right or provision of these
Terms & Conditions shall not constitute a waiver of such right or provision. If
any provision of these Terms & Conditions is found by a court of competent jurisdiction
to b e 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 & Conditions shall remain in full force and effect.
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Entire Agreement
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- This Agreement shall constitute the complete and exclusive agreement between the
parties with respect to the subject matter hereof, superseding any prior agreements,
documents and or communications regarding such subject matter. This Agreement may
only be modified, or/and any rights under it waived, by a written document executed
by the Company only. The right to change vary or amend, however exclusively rests
with the Company.
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General Legal Terms
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- Sometimes when you use the services, you may (as a result of, or through your use
of the services) use a service or download a piece of software, or purchase goods,
which are provided by another person or company. Your use of these other services,
or goods may be subject to separate terms between you and the company or person
concerned. If so, the Terms do not affect your legal relationship with these other
companies or individuals.
- The Terms constitute the whole legal agreement between
you and estate99 and govern your use of the services (but excluding any services
which estate99 may provide to you under a separate written agreement), and completely
replace any prior agreements between you and estate99 in relation to the services.
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You agree that estate99 may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on the services.
- You
agree that if estate99 does not exercise or enforce any legal right or remedy which
is contained in the Terms (or which estate99 has the benefit of under any applicable
law), this will not be taken to be a formal waiver of estate99's rights and that
those rights or remedies will still be available to estate99.
- If any court of
law, having the jurisdiction to decide on this matter, rules that any provision
of these Terms is invalid, then that provision will be removed from the Terms without
affecting the rest of the Terms. The remaining provisions of the Terms will continue
to be valid and enforceable.
- You acknowledge and agree that each member of the
group of companies of which estate99 is the parent shall be third party beneficiaries
to the Terms and that such other companies shall be entitled to directly enforce,
and rely upon, any provision of the Terms which confers a benefit on (or rights
in favor of) them. Other than this, no other person or company shall be third party
beneficiaries to the Terms.
- Any claim in relation to this agreement or in connection
therewith shall be filed with opposite party within 24 months from the date when
the claim first could be filed or cause of action arises, whichever is earlier.
If there is any dispute about or involving the Site and/or its services by using
the estate99 you further agree that the laws of India will govern the disputed matter.
You agree to the exclusive jurisdiction of the courts of Delhi, India.
- The Terms,
and your relationship with estate99 under the Terms, shall be governed by the laws
of the India without regard to its conflict of laws provisions. You and estate99
agree to submit to the exclusive jurisdiction of the courts located at Delhi (INDIA)
to resolve any legal matter arising from the Terms. Notwithstanding this, you agree
that estate99 shall still be allowed to apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
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