Terms and Conditions
UPDATED: 12 September, 2016
This website, WWW.36ESTATES.COM, (hereinafter referred to as "36ESTATES") is operated by Casper Infosystem Private Limited (www.casperinfosystem.com) (hereinafter referred to as Casper Infosystem / Casper), a company incorporated in India under the Companies Act, 2013 and having its registered office at C-142, 3rd Floor, DDA Flats, Double Storey, Garhi, East of Kailash, New Delhi- 110065.
Before using our services you are required to read the user agreement and accept all the terms and conditions. The same are listed below for your reference:
The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of 36estates, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by 36estates or chosen by the user or agreed upon by 36estates. It is made abundantly clear that only the authorised user has the right to access the services so offered by 36estates.
For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorised user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
The terms 'User' and 'customer' would include both the authorised and browser/visitor(s)
The terms 'service' or 'services' would mean to include the interactive online information service offered by 36estates on the internet through which the user may access information carried by 36estates in the database maintained by it.
The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to 36estates acting as an agent either expresses or implied on behalf of any user/customer
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
• "User" or "You" means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
• "Company": Is defined as Casper Infosystem Private Limited (CASPER) an existing Company under the Companies Act, 1956 and having its corporate office at C-142, 3rd Floor, DDA Flats, Double Storey, Garhi, East of Kailash, New Delhi- 65, along with its unit for the Company’s website 36estates.com
• “Date of Commencement”: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in it s notice to the user either through e-mail or conventional mail.
• “Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
• “My Subscriptions”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website 36estates.com
• “Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User' s name, telephone number, mailing address, account and email address.
• Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
• “36estates.com ”: Is defined as the Internet web site of the Company.
• ”User": Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.
• “Services”: Means the Services to be provided by the Company to the User of 36estates.com and shall include the provision of following facilities:
2. Service to the Users who wishes to secure a property through 36estates.com and its Internet links.
3. Service to the users who wishes to place a print advertisement in any of the group publications through the www.36estates.com site.
4. Service to the Users who wishes to insert advertisements at 36estates.com.
5. Service to the Users who wishes to receive advertisements and promotional messages on www.36estates.com and through emails.
Terms and Conditions
36estates and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING 36estates, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE 36estates. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US AT THE EMAIL ID’s PROVIDED ON THE WEBSITE OR THROUGH THE WEBSITE.
CASPER 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 36estates. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of 36estates, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. CASPER may also suspend the operation of 36estates for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize 36estates in a manner inconsistent with these Terms and Conditions, CASPER may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to 36estates unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on 36estates. The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, CASPER may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. CASPER may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, CASPER may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. CASPER will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the 36estates website. CASPER shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on 36estates and CASPER shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees
(a) to represent and warrant that all Properties and associated information provided by the Customer will be accurate;
(b) that the Customer will not permit the posting of a property on 36estates under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
CASPER reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on 36estates without notice. CASPER accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While CASPER shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to 36estates.
Customers, who are buying/renting property/properties through 36estates, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payments for the services offered by 36estates shall be on a 100% advance basis. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Casper Infosystem Private Limited. CASPER offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. User acknowledges and agrees that CASPER/36estates.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to CASPER under any other agreement or commercial relationship towards other products/services. Casper Infosystem Private Limited gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Casper Infosystem Private Limited undertakes no liability for free services. Casper Infosystem Private Limited reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Casper Infosystem Private Limited uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Casper Infosystem Private Limited does not store or keep credit card data. Since the transaction happens on a third party network not controlled by Casper Infosystem Private Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Casper Infosystem Private Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
Casper Infosystem Private Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
• 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.
• Company 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.
• For Platinum listing packages, there shall be no cancellation or refund of orders booked/payments made via online payment options (except in the case of Cheque & Demand Draft). Cancellations requests for orders placed via cheque/demand draft can be made only before such payment is realized by Casper.
Refund in failed transactions
Though CASPER payment reconciliation team works on a 24 x 7 basis, CASPER offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers 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 36estates.
If you utilize 36estates in a manner inconsistent with these Terms and Conditions, CASPER may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to 36estates. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of 36estates. 36estates does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device.
Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
• 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 36estates.com except such data and information which are 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 or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
• The User shall be prohibited if they persistently send messages or make postings on 36estates.com to any other User or third party who access 36estates.com 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 36estates.com 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 36estates.com. 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 transactions in which you are involved.
• The User shall not violate, or attempt to violate the security of 36estates.com and/or any web sites linked to 36estates.com 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 36estates.com network system.
• The Users shall avail the Service on 36estates.com 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 the related transactions.
• Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the 36estates.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
• Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through 36estates.com site, 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.
• You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
o Belongs to another person and to which you do not have any right to;
o Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
o Harm minors in any way;
o Infringes any patent, trademark, copyright or other proprietary rights;
o Violates any law for the time being in force;
o Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
o Impersonate another person
o Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
o Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and service marks ("Marks") appearing in 36estates are the properties either owned or used under license by CASPER and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with CASPER / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
CASPER respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. CASPER shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using 36estates as a platform to infringe the Intellectual Property Rights of others, CASPER will be free to terminate this agreement forthwith without any notice to the user.
You hereby expressly agree not to:
(a) Access data not intended for you or log into server or account that you are not authorized to access;
(b) Attempt to probe, scan or test the vulnerability of a system or network;
(c) Attempt or breach security or authentication measures without proper authorization;
(d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to 36estates, overloading, Flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in 36estates except as permitted;
(f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
(g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from 36estates or link to 36estates, without our express written consent.
(h) The user shall not utilize the services offered by 36estates in any manner so as to impair the interests and functioning of CASPER/36estates. The user undertakes not to duplicate, download publish, modify and distribute material on 36estates.com unless specifically authorized by CASPER in this regard. The user undertakes not to establish any deep link or other connection to any specific page of 36estates other than the Home Page without obtaining prior consent of CASPER. CASPER strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
(i) users undertake that the services offered by 36estates shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. CASPER reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by CASPER to relay emails. All attempts shall be made by CASPER and the user to abide by
International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to 36estates or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:
• belongs to another person and to which the user does not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• harm minors in any way;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonate another person;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
36estates may provide links to other third-party World Wide Web sites or resources. CASPER makes no representations whatsoever about any other Web site you may access through this Website (36estates).
DISCLAIMER AND WARRANTIES
36ESTATES is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF 36ESTATES IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CASPER INFOSYSTEM AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF 36ESTATES.
This page sets forth the terms and conditions under which WWW.36ESTATES.COM provides the information on this Website, as well as the terms and conditions governing your use of this site. By making use of this site, you agree to be bound by the terms and conditions we have outlined below. If you do not accept these terms and conditions, do not continue to use or access this site.
The information, software, products, and services included on this Web site may include inaccuracies or typographical errors and WWW.36ESTATES.COM will be entitled to rectify such inaccuracies or typographical errors. WWW.36ESTATES.COM will not be liable / responsible for any decision that you may take based on such inaccurate information. Changes are periodically added to the information herein. WWW.36ESTATES.COM may make improvements and/or changes in this Web site at any time.
Advice received via this Web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. WWW.36ESTATES.COM and/or its respective suppliers make no representations about the suitability, reliability, timeliness, and accuracy of the information, software, products, services, or any other items and related graphics contained on this web site for any purpose whatsoever. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. WWW.36ESTATES.COM and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Please ensure that all information given by you during registration process or while booking is correct. For security reasons and to be able to advice you of any developments affecting your Listing we need to be able to contact you by telephone and email and to have your correct address on record .If any or all of these contact details are not correctly given by you, we reserve the right to cancel the transaction at your risk and cost.
The right to access and transact on the web site is reserved as is the right to use any particular credit card on the site for payment purposes.
Views expressed by the users are their own, CASPER INFOSYSTEM does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. CASPER INFOSYSTEM does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. CASPER INFOSYSTEM does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter / ’s, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in CASPER INFOSYSTEM or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and CASPER INFOSYSTEM makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and CASPER INFOSYSTEM makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
CASPER INFOSYSTEM offers products, services, content and various other functionalities (collectively the "Services") to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. CASPER INFOSYSTEM does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that CASPER INFOSYSTEM intends to announce, launch or provide such products, programs or services in your country.
The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• The Company makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does 36estates.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
• 36estates.com is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the services availed by end user from third party service providers on or beyond the platform of 36estates.com.
• For any third party product or service which customer/user will buy through 36estates.com, the customers/users of services shall take full responsibility to deal with third parties respective vendors at their own risk, cost and liability.
• There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services of36estates.com.
• Company will not be liable for any time difference arising between a message released through a gateway/ server ( provided to 36estates.com ) and such message finally reaching the End User from the concerned service provider.
• The Company shall not be liable for any disclosure of information concerning the User’s account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition The Company shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
• In case there is any loss of information, caused due to any reason, weather as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
• All information are accepted in good faith and Company accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
• The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
• The Company does not warrant that 36estates.com or any of the web sites linked to 36estates.com be free of any operational hazards or error/s nor that it will be free of any virus or/and worm or/and any other harmful components.
• It is not the Company’s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through 36estates.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or 36estates.com and/or the internet.
• Company is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Company screen or/and censor or/and otherwise control the Users of its service. Company cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of 36estates.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Company does not accept or/and assume responsibility for the content or/and context of the user comment.
• If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Company has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertake s not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the company or/and their officers or/and employees or/and agents or/and successors.
• The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
• No advice or or/any information, whether oral or/and written, obtained by the User from 36estates.com or/and through or/and from the service shall create any warranty not expressly stated herein.
• In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such site visits. The Company shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Advertiser in this regard.
• The website’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company’s website or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
• This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from.
• The Platinum Listing is listed for a period of 36 Days only from the day the Order is activated. Company shall not be liable for any delay arising from the User’s end in conversion of their property listing to Platinum Listing, resulting in the Platinum Ad listing not being showcased for the complete period of two weeks. This package cannot be transferred, adjusted or reimbursed.
• Company shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. 36estates.com will not be responsible for any claims arising out of the use of any information displayed herein.
ACCURACY OF INFORMATION
WWW.36ESTATES.COM has taken reasonable care to ensure that the information posted on the website is accurate. However, WWW.36ESTATES.COM does not warrant or guarantee the accuracy or completeness of the information provided on this Website. Under no circumstances will WWW.36ESTATES.COM be liable for any loss or direct, indirect, incidental, special or consequential damages caused by reliance on this information. The information on this Website / terms and conditions may be changed or updated without notice. Users are deemed to be apprised of and bound by such changes. WWW.36ESTATES.COM may also make improvements and/or changes in the products, services and/or programs described on this site at any time without notice. WWW.36ESTATES.COM hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
When you use the website for services, please ensure that all the information provided by you such as names, address, phone numbers etc is accurate.
WWW.36ESTATES.COM cannot be liable for any erroneous information given by you.
WWW.36ESTATES.COM will not in any way be liable for any loss or inconvenience suffered by you as a result of erroneous information provided by you.
WWW.36ESTATES.COM shall be in no way responsible for the content of the advertisers. It may be noted that WWW.36ESTATES.COM does not in any way or in any manner endorse the products or services advertised on its website by third party advertisers. Users would be responsible for verifying the contents and information provided in such advertisements before making any decisions based on the same.
THIRD PARTY PRODUCTS
In case of third party products displayed on our website, we take no responsibility for the contents, quality or safety of the product in any way. WWW.36ESTATES.COM would not be in any way liable or responsible for any loss, damage or injury sustained by the User as a result of availing such products and services advertised by third parties on the website.
Information concerning WWW.36ESTATES.COM, or any of its subsidiaries, their employees, customers, agents, or others on whom data is collected, stored, or processed is the property of WWW.36ESTATES.COM and is confidential except for the necessary disclosures required by law.
You may cite or refer to the information on this site and make copies of the information for your own non-commercial use.
The User shall hold WWW.36ESTATES.COM fully indemnified and harmless in case any suit, action, application, revision, writ petition, execution proceedings, claim, demand or any other legal proceedings are initiated against WWW.36ESTATES.COM due to any action /s of the User in using the website.
ENFORCEABILITY OF THESE PROVISIONS
Should any of these terms and conditions be held invalid, that invalid provision shall be construed to be consistent with the applicable law, and in manner so as to remain consistent with the original intent of WWW.36ESTATES.COM. Provisions not otherwise held invalid shall remain in force.
It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, malicious codes and other items of a destructive nature. IN NO EVENT WILL WWW.36ESTATES.COM BE LIABLE TO ANY PARTY FOR ANY LOSS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES CAUSED BY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE.
PRODUCTS & SERVICES
Please Note that none of the information contained in this Website should be viewed or construed as an offer to sell or as a solicitation to purchase any of our products or services. Rather, the information on our products and services is provided to you so that you can learn what products WWW.36ESTATES.COM generally offers. The products and service statements on this Website are for general description purposes only. Furthermore, not all the products or services are available in every state or country. Send us a message via our Contact Us page for the name of an agent who can supply you with details regarding terms and conditions, exclusions, products, and services.
LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless WWW.36ESTATES.COM, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
WWW.36ESTATES.COM may notify You of any claims which You shall be liable to indemnify WWW.36ESTATES.COM against. You will then be required to consult with WWW.36ESTATES.COM regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of WWW.36ESTATES.COM without the express prior written consent of WWW.36ESTATES.COM which can be withheld or denied or conditioned by WWW.36ESTATES.COM in its sole discretion.
Notwithstanding anything to contrary in the Agreement(s), in no event shall WWW.36ESTATES.COM, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not WWW.36ESTATES.COM has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.
The information provided on this site is distributed with the understanding that WWW.36ESTATES.COM is not providing professional advice of any type. If you have a question requiring professional advice, such as question relating to law, tax or financial planning, please seek the advice of a qualified professional in the relevant field. WARRANTIES WWW.36ESTATES.COM specifically disclaims all warranties with respect to this Web site or your use thereof, express, implied, or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose. WWW.36ESTATES.COM shall not be liable for any damages resulting from the use or misuse of this site or the information on this site.
This disclaimer, limitation of liability and exclusions shall apply irrespective of whether the damages arise from (a) Breach of Warranty, (b) Negligence (c) Breach of Contract and (d) any other cause of action to the extent such limitation and exclusion are not rendered invalid by applicable law.
CASPER may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to 36estates (or any part thereof) for any reason, including, without limitation, that CASPER based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
• 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 i s 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:
Liabilities upon Termination
• If the Agreement is terminated pursuant to clauses set out 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.
Suspension of Service
• If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
• When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.
• Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
• Moneyback can be initiated by a User, using the Feedback link on 36estates.com or by writing to us or by calling the customer care number, if the User is unsatisfied with the responses received against a Listing posted using the Moneyback Package provided by the Company.
• For claiming any moneyback, there should be atleast one property posted using the package.
• User shall be first offered an extension of duration for the Listing that was posted using Moneyback Package for Free, to evaluate the responses again.
• If the user is still not satisfied with the responses offered after the duration is extended, Moneyback shall be initiated by the Company.
• Moneyback can be initiated within the lifetime of the listing (i.e. 36 days from date of posting).
• Moneyback can only be initiated against the same Order ID & Customer Name as mentioned during Order Booking.
• Order Booking should be in the Client's name as the refund will be processed in the same name.
• For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.
• Refunds will be processed within 30 business days from receipt & acceptance of all relevant documents.
Submissions and unauthorized use of any information(s)/materials contained on 36estates may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, CASPER and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of 36estates material or your breach of these Terms and Conditions.
If any dispute arises between a user/users and CASPER arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by CASPER. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and CASPER governs your use of 36estates. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
The failure of CASPER to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to 36estates as well as these Terms and Conditions.
Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to 36estates and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to 36estates.
CASPER does not routinely monitor your postings to the web site but reserves the right to do so. However, if CASPER becomes aware of an inappropriate use of 36estates or any of its Services, CASPER will respond in any way that, in its sole discretion, CASPER deems appropriate. You acknowledge that CASPER will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, CASPER will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
CASPER reserves all other rights.
Please report any violations of these Terms and Conditions to CASPER at firstname.lastname@example.org
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical signatures.