K.
K. Infratech Pvt. Ltd. is the owner of the propertykoncepts.com web site (the "Web Site").
Visitors are invited to visit the Web Site
subject to these terms and conditions.
Users should read this information carefully before using the Web Site.
By using the Web Site, you assent to the following terms of use. If you
do not agree to these terms, do not use the Web Site.
TRADEMARKS :
The following trademarks are owned by KK Group/K.K.Infratech Pvt. Ltd.
and/or its affiliates. Unauthorized use of any of these trademarks may
be a violation of law.
CLAUSE
I: Terms Adopted:
Unless otherwise specified, the words used shall have the meanings as indicated
:
"Agreement” Shall
mean and include the completed application
form, its attachment(s) and the terms and
conditions stated herein. It shall deemed
to have been executed at New Delhi.
“Company”:
Is defined as K.K. Infratech Pvt. Ltd.
an existing Company under the Companies
Act, 1956 and having its registered office
at 313/14A, Inderlok, Near State Bank Of
India, Delhi - 110 035 and communication
office at A - 288, Sector 47, Noida, UP
201 304 , along with its unit for the KK
Group Company’s website propertykoncepts.com
“Date
of Commencement: Is the date indicating
the acceptance of the application of the
user to the service he opted for, subjected
to confirmation of payments. It shall be
specified by the company in its notice
to the user either through e-mail or conventional
mail.
“Date
of Termination”: Is the date of expiry
of the services as mentioned in the notice/mail
or/and the letter of termination.
“Subscriptions”:
Contains time to time exchange of information
and description of the Services for the
User provided by the Company in writing
or contained in the website propertykoncepts.com.
“Registration
Data”: Is the database of all the
particulars and information supplied by
the User on initial registration form/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.
“Hot
Deals” means database in this category
of all particulars and information supplied
by user online to list his data base in
this category.
“Evaluation” means
database of all particulars and information
supplied by user to enquire/have general
idea of the fair market value of the property
on the basis of the data base.
“Collaborations” means
the data base of all particulars and information
supplied by users in this category for
the use of other users/for their mutual
project collobrattions/tie ups.
“Fee” means
charges to paid by user in advance for
use of particular type of service which
is asked by user.
“Quote” means
the rate/value of the property offered
by the user on the basis of the all particulars
and information supplied by other users.
“Reserved
Price” the rate/value of the property
offered which means property minimum rates.
“Free
Advice” means facility to the user
to enquire in this category as per applicable
terms.
“Services”:
Means the Services to be provided by the
Company to the User of propertykoncepts.com
shall include the provision of following
facilities:
1.
Service to the Users wishing to post their
profile or listing for the purpose of sale/rental/P.G.
of their property, and for users providing
property services etc.
2. Service to the Users who wishes to secure a property through propertykoncepts.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.propertykoncepts.com site.
4. Service to the Users who wishes to insert advertisements at propertykoncepts.com.
5. Service to the Users who wishes to receive advertisements and promotional
messages on www.propertykoncepts.com and through emails/SMS alerts.
6. Service to the users wishing to post their profile for listing/taking
services for the purpose of evaluation/collaborations/property quotes.7.
Service to the users who wishes to have construction guidance/other
support/building drawings/other consultancy as specified.
“propertykoncepts.com ”:
Is defined as the Internet web site of the
Company K.K. Infratech Pvt. Ltd. as www.propertykoncepts.com
”User":
Is defined as an individual/builder/real
estate agent/corporate subscriber/any user
who login to the site for the Services
and the signatory, whose particulars are
contained in the application form and includes
his successors and permitted assignees.
Commencement
of Service
The
Service shall be deemed to have commenced
on the Date of Commencement of service/confirmation
of receipt of payments and as intimated
to the user by mail.
CLAUSE
II:
Charges & Fees:
The
applicable rate of the Fees/Charges for
the Service provided shall be such as mentioned
in the respective categories or as may
be prescribed by the Company from time
to time
Liability
for the Fees & Charges shall accrue
from the Date of Commencement.
All
individual Users who access or make postings
of information at propertykoncepts.com for the
purpose of buying property shall be exempted
from the application of this clause.
Fee
shall be paid by the Users who access or
make postings of information at PropertyKoncepts.com
for the purpose of Evaluation/Valuation/Hot
Deals/Quote/Architectural consultancy/design
fee as specified/mentioned.
The
charges/Fees as prescribed in the respective
service category shall be paid by the user
as per the mode of the payments mentioned
in the favour of the company.
Cancellation/Alertation:
PropertyKoncepts.com
shall reserve the exclusive right to cancel/remove/edit/modify
any contents in whatsoever form 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. · In case any dispute
is created due to any dissatisfaction in
the services provided by the web service
provider the decision taken by the kkinfrtaech.com/K.K.Infratech
Pvt. Ltd./ Group company shall be final
and binding to the user.
Obligations
of User/Subscriber
The
accuracy of the information and Registration
Data entered in the prescribed format and
submitted to the Company for respective
category Service shall be the sole responsibility
of the User.
All
the information on the web site is provided
by the users to the users is as on where
as basis and as available without any warranty
of any kind either expressed or implied.
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 PropertyKoncepts.com service.
The
User shall be solely responsible for all
information retrieved, stored and transmitted
through the Service by him.
The
User shall maintain confidentiality of
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/Fees
as and when it becomes payable as mentioned
in the respective category.
The
User shall be responsible for the set-up
or configuration of his equipment for access
to the Service.
The
user entering into the website shall be
assumed that user has understood all the
terms as mentioned in the web site.
PropertyKoncepts.com
in its sole discretion shall reserve the
right to edit, modify and alter the content.
Of the advertisements/profile/project details.
The
User will indemnify K.K. Infratech Pvt.
Ltd. for 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.
“Property Koncepts 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).
Property Koncepts Pvt. Ltd. / Property Koncepts 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 48 hours of receipt
of such complaint. All complaint should
be addresses by email at Support@kkinfratech.com.
or intimated in black and white.
“The
user agrees that any data entered into
herein can and shall be saved, used and
commercially exploited by K.K. Infratech
Pvt. Ltd. / PropertyKoncepts as deemed fit by
them”.
“User
of the website agrees to indemnify and
keep K.K. Infratech Pvt. Ltd./ propertykoncepts
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”
Prohibited
Actions
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 PropertyKoncepts.com 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 black & white
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, misrepresentative, racial or
political ground or of an abusive, indecent,
obscene, defamatory or menacing nature.
The
User shall be prohibited if they persistently
send messages or make postings on PropertyKoncepts.com
to any other User or third party who access
PropertyKoncepts.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 PropertyKoncepts.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 PropertyKoncepts.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 PropertyKoncepts.com
transactions in which you are involved.
The
User shall not violate, or attempt to violate
the security of PropertyKoncepts.com and/or
any web sites linked to PropertyKoncepts.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 PropertyKoncepts.com
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 PropertyKoncepts.com
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 PropertyKoncepts.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
PropertyKoncepts.com related transactions.
The
PropertyKoncepts.com strongly opposes SPAM,
which floods the Internet with unwanted
and unsolicited email and deteriorates
the performance and availability of the
PropertyKoncepts.com service. All forms of SPAM,
or any other activities that have the effect
of facilitating SPAM, are strictly prohibited.
PropertyKoncepts.com
also prohibits the use of another Internet
service to send or post SPAM to drive visitors
to your site hosted on or through PropertyKoncepts.com
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.
Confidentiality & Security
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).
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 acquires
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 Kkinfartech.com
database without prior consent from PropertyKoncepts
in black and White.
Confidentiality & Security
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).
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 acquires
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 Kkinfartech.com
database without prior consent from PropertyKoncepts
in black and White.
Maintenance
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 PropertyKoncepts.com
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.
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 reserves the right 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 in XI 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.
Termination
of Service
If
any subscription Fees/Fees/charges 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.
Violation
of Terms & Conditions
If
company/PropertyKoncepts.com, in its sole discretion,
determines that a violation of the Terms & Conditions
has occurred, PropertyKoncepts.com may pursue
any of its legal remedies, including but
not limited to the immediate deletion of
any offending material from its site or/and
cancellation of your account and/or the
exclusion of any person(s) who may have
violated any Terms & Conditions. PropertyKoncepts.com
could also pursue violators with claims
that they have violated various criminal
and/or civil law provisions as applicable
under the relevant Acts/Rules, etc of the
land. PropertyKoncepts.com will cooperate with
any investigation by any Central or/and
State or/and local body or/and any court
or/and tribunal having the competence to
carry out the same. Such cooperation may
be without notice to the User. If PropertyKoncepts.com
believes in its sole discretion that any
advertisement or/and services may create
liability for PropertyKoncepts.com, PropertyKoncepts.com
may take any actions that it believes are
prudent or necessary to minimize or/and
eliminate its potential liability, including
but not limited to, the release of User
information. In sum, PropertyKoncepts.com reserves
the right to refuse service to anyone at
any time, or/and to remove any listings
or/and any advertisements for any reason,
and without notice.
Disclaimer
Disclaimer
of Warranties: The User shall agree that use
of the services is at the user's sole risk.
The service is provided on an "as is" or/and
on an "as available" basis. PropertyKoncepts.com
expressly disclaims all warranties of any kind,
whether express or implied, including, but
not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement.
The
Company/PropertyKoncepts.com makes no warranty
that the service shall meet user's requirements,
that the service shall be uninterrupted
or/and timely or/and secure or/and error
free; nor does PropertyKoncepts.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.
There
are no express representations and warranties,
whether express or implied, made by the
Company regarding the accuracy and/or
quality of any information transmitted
and/or obtained through the use of the
Services or PropertyKoncepts.com.
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 the there is any loss of information,
caused due to any reason, weather as
a result of any disruption of service,
suspension and/or termination of the
Service, the Company shall not be liable
in any way for the same. Further the
Company is not responsible for the accuracy,
quality and/or contents of any information
available, received and/or transmitted
through this Service.
All
information are accepted in good faith
and PropertyKoncepts.com accept no responsibility
whatsoever regarding the confide 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 PropertyKoncepts.com
or any of the web sites linked to PropertyKoncepts.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 PropertyKoncepts.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 PropertyKoncepts.com
and/or the internet.
PropertyKoncepts.com
is not involved in any transaction between
any parties who are using our website.
There are risks, which the User assumes
when dealing with people who might be
acting under false pretences and the
same shall be borne by the User. The
website is a venue only and do not screen
or/and censor or/and otherwise control
the listings offered to other Users,
nor does PropertyKoncepts.com screen or/and
censor or/and otherwise control the Users
of its service. PropertyKoncepts.com cannot
and does not control the behaviour of
the participants on this site. We cannot
control whether or not Users of PropertyKoncepts.com
will complete the transactions they describe
on our site. It is extremely important
that the user takes care throughout his
dealings with other people on this site.
PropertyKoncepts.com does not accept or/and
assume responsibility for the content
or/and context of the user comment areas
and will not remove or/and edit postings
to the public comments areas once they
are entered into the service, except
to expire records or in its sole discretion.
If
there is any dispute between the Users/participants
on this site, it is agreed upon by the
Users/participants that PropertyKoncepts.com
has no obligation whatsoever to be involved
in any such dispute/s. In the event that
the user has a dispute with one or more
User/s or/and participant/s, the User
hereby undertake s not to make any claims
or/and demands or/and damages (actual
or/and consequential) of every kind or/and
nature or/and known or/and unknown or/and
suspected or/and unsuspected or/and disclosed
or/and undisclosed, arising out of or/and
in any way related to such disputes and/or
our service against the PropertyKoncepts.com
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 PropertyKoncepts.com or/and through
or/and from the service shall create
any warranty not expressly stated herein.
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 therefrom
Limitation
of Liability
User
agrees that neither PropertyKoncepts.com 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 PropertyKoncepts.com has been advised of
the possibility of such damages. User further
agrees that PropertyKoncepts.com 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
PropertyKoncepts.com 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 PropertyKoncepts.com
'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 PropertyKoncepts.com, 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 PropertyKoncepts.com 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.
PropertyKoncepts
(TBSL) 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.
PropertyKoncepts
shall not be responsible for any malfunctioning,
non-functioning of the mobile phone or
any other application, and or any damage,
loss, either direct or indirect arising
out of the use of the PropertyKoncepts mobile
application on your mobile phone.
Use
of Information/Data Supplied
Use
for the company’s own purpose, any
data or/and information supplied by the
User in connection with this Agreement,
and/or pass on such information to any
other associated companies or selected
third parties.
Retain
all data or/and information supplied by
the User while using the Service to remain
at PropertyKoncepts.com for the exclusive use
of the Company in accordance with service
agreement with the user, notwithstanding
any termination of the Agreement or suspension
of the Service to the User herein. Anything
contrary to the above, unless specifically
put down in writing, following the termination
or suspension of the Service to the User,
all such data and information shall remain
in the Company’s property, records
and databases as the exclusive property
of the Company, for all times to come.
“By
entering mobile number while registering
on PropertyKoncepts.com, user gives consent
to PropertyKoncepts.com to send alerts, contact
and promotional SMS to users registered
mobile number. In case user does not want
to receive these messages on his/her mobile
number, he can remove his/her mobile number
from his user details from PropertyKoncepts.com.”
Indemnity
User
will defend, or at its option and settle any
third party lawsuit or proceeding brought against
the Company based upon or otherwise any claim
arising from the fact that the User Content,
Site and/or User features infringe any copyright,
trade secret or trademark of such third party
and second, the Company’s use of any
User Content, provided that such use complies
with the requirements of the Agreement and
third, the User’s use of the Services
in any manner inconsistent with or in breach
of the Agreement; and/or fourth, any claim
alleging facts that would constitute a breach
of User’s representations and warranties
mad e in this Agreement. Any such claim/proceeding
if made directly on the User shall promptly
be communicated to the Company by the User
with all reasonable e information, assistance
and cooperation in defending the lawsuit or
proceeding. The User shall give the Company
full control and sole authority over the defense
and settlement of such claim. The User may
join in defense with counsel of its choice
at its own expense subject to the approval
of the company. The User unilaterally agree
to indemnify and hold harmless, without objection,
the Company, its officers, directors, employees
and agents from and against any claims, actions
and/or demands and/or liabilities and/or losses
and/or damages whatsoever arising from or resulting
from their use of PropertyKoncepts.com or their
breach of the terms of this Agreement. Indemnification
shall be provided for any claim which shall
arise and shall be limited to payment by the
e indemnifying party (“User”) of
all damages and costs finally awarded for such
claim, or settlement costs approved in writing
by the Indemnitor (Company).
Confidentiality
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 PropertyKoncepts.com
(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 PropertyKoncepts.com 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 PropertyKoncepts.com 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 PropertyKoncepts.com
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.
Variation
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 updated
and the Terms and Conditions changed from
time to time and the changed or updated
Agreement posted at PropertyKoncepts.com. 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.
Discontinuation
or Modification to Services
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.
Notices
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 PropertyKoncepts.com
will be done by displaying notices to Users
on the Service.
Waiver
The
failure of PropertyKoncepts.com 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.
Entire
Agreement
· 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.
Governing
Law and Jurisdiction
It
is clarified that there is no agency or/and
partnership or/and joint venture or/and
employee-employer or/and franchiser-franchisee
relationship between PropertyKoncepts.com and
any User of the Service.
The
User agrees that regardless of any statute
or law to the contrary, any claim or cause
of action arising out of or related to
use of the Service or the Terms & Conditions
must be filed within 30 days after such
claim or cause of action arose or be forever
barred.
All
information of whatsoever nature received
from the user is in good faith and is bonafide.
The information is believed to be true/
correct and complies with the laws of the
land.
This
Agreement and any dispute or matter arising
from incidental use of PropertyKoncepts.com
is governed by the laws of India and the
User and the Company hereby submit to the
exclusive jurisdiction of the courts at
Delhi, India without regard to its conflict
of law provisions. User and PropertyKoncepts.com
agree to submit to the personal and exclusive
jurisdiction of the courts located within
the State of Delhi.
Acknowledgment
and Acceptance of Terms and Conditions
The
terms and conditions appearing here above
consists of the entire agreement between
the Party/User (as defined above ) and
the Company (as defined above ) and replaces
all previous arrangements/schedules between
the parties regarding the subject matter
contained herein above. By completing the
registration process and/or checking the “I
have read and accept the Terms of Use” box,
you are indicating your acceptance to the
agreement and to be bound by all of the
terms and conditions of the Company as
appearing hereinabove.
It
is our constant Endeavour to make PropertyKoncepts.com
very informative / enjoyable and effective
experience for all our users. The end user
must be benefited and well informed by using
propertykoncepts.com. If any user observe material
or behavior that may violate one of the PropertyKoncepts
Terms & Conditions, this should be brought
in the notice of propertykoncepts.com and this will
go a long way in enhancing our services. We
would always welcome suggestions from our esteemed
users all over the globe to make is one of
the leading portal in construction and property
arena.
Privacy
Policy
PropertyKoncepts.com
respects the privacy of its users and is
committed to its protection.
PropertyKoncepts.com
through its various advertising campaigns/sources
of information collects information about the
users. This information is voluntarily provided
by the user and is collected in the database
of PropertyKoncepts.com. The information so collected
in the database through these campaigns refers
to the property details, email address, names
of the user, any other database. PropertyKoncepts.com
uses third-party advertising companies to display/serve
their ads on various other internet sites for
reaching out to its prospective users/buyers/sellers/users.
The data collected is for the exclusive use
of PropertyKoncepts.com and PropertyKoncepts.com reserves
its right to allow access to its clients for
the purposes of purchase and disposing of properties
only, and any unauthorized use or sharing of
information by any third party shall invite
appropriate legal action by PropertyKoncepts.com
against the erring party, including indemnification
for third party claims for damages.
Quote
Rates:
Terms
of Use:
The
user who is uploading the property in this
category has to give declaration that property
is free from all type of encumbrances and
property will be transferred immediately
as greed upon between users who is bidder
and other user who has uploaded the property.
User’s
property/bid shall be activated only after
confirmation of payments in our account.
Users
are requested to quote reserved price quote
against property uploaded at their own
causes and risks. In case you have quoted
any rates against that property and your
rates are found be standing lowest in the
duration of 48 yours user will get confirmation
mail about lowest rates.
On
confirmation from PropertyKoncepts.com team bidder
has to get in touch with the user who has
uploaded the property for bid. Both users
have to confirm PropertyKoncepts.com team that
deals terms have been finalized among them.
PropertyKoncepts.com/K.K.
Infratech Pvt. Ltd. will not entertain
any complaint regarding non encumbrances
of the property or any other disagreement
in terms and conditions lead to failure
of deal and propertykoncepts.com will not be
held for any compliance of rules/regulation.
PropertyKoncepts.com
shall reserve the exclusive right to cancel/remove
any contents in whatsoever form 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.
Hot
Deals:
Terms
of Use:
The
user who is uploading the property in this
category has to give declaration that property
is free from all type of encumbrances and property
will be transferred immediately as greed upon
between users who is bidder and other user
who has uploaded the property. The property
uploading user has also to confirm that market
value is higher than the rates asked by him.
User’s property shall be activated only after confirmation of payments
in our account.
Users are requested to quote prevailing market value of the property
and rates offered. As soon as user agrees to pay the rates as demanded
both users In case you have quoted any rates against that property and
your rates are found be standing lowest in the duration of 48 yours user
will get confirmation mail about lowest rates.
On confirmation from PropertyKoncepts.com team bidder has to get in touch
with the user who has uploaded the property for bid. Both users have
to confirm PropertyKoncepts.com team that deals terms have been finalized
among them.
PropertyKoncepts.com shall reserve the exclusive right to cancel/remove any
contents in whatsoever form 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.