Please read carefully the term & Conditions of Use. By accessing or using our website you agree to be bound by the terms and conditions written in the below.
Please read this document carefully. By accessing or using RealEstateOdisha.Com,
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 RealEstateOdisha.Com
The website, www.RealEstateOdisha.Com (“Site”) is an
electronic web-based platform acting in the capacity of a search engine or
advertising agency only, for exchanging, exploring and enhancing business
online for real estate, housing and property in Bhubaneswar and other cities of
Odisha.
Any and all use of this website is subject to, and
constitutes acknowledgment and acceptance of, the following Terms and
Conditions (“Terms”). It is mandatory for all Users of the Site to have read
carefully, fully understood and be in total agreement to the below mentioned
Terms before they proceed to use any of the services of the Site (“Services”).
The Services are available only to those individuals, firms or companies who
can form legally binding contracts under the Indian laws. RealEstateOdisha.Com
may amend these Terms of Use at any time by posting the amended version on this
site. Such amended version shall automatically be effective upon its posting on
this site.
DEFINITION CLAUSE
User: For purposes of this Agreement, a “User” is any
person who accesses the Site for whatever purpose, regardless of whether said
User has registered with RealEstateOdisha.Com as a registered User or whether
said User is a paying User for a specific service provided by RealEstateOdisha.Com.
A User includes the person using this Site and any legal entity which may be
represented by such person under actual or apparent authority.
Un-Authorized User: 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 ‘unauthorized 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.
Free Services: Any person/entity that joins the portal
www.RealEstateOdisha.Com just with the intention to enlist his listing and
showcasing his business online without availing any specialized services
thereto.
Paid Services:Access to the Site and certain features are
provided to all Users free of charge. However, the Site reserves the right,
without prior notice, to restrict access to certain areas or features of the
Site (“Paid Services”) to paying Users or Users who undergo a specific
registration process. Access to and use of these Paid Services is governed by
additional terms and conditions under separate agreements in addition to this
Agreement.
The term RERDA shall mean and include the Real Estate
(Regulation and Development) Act, 2016 as amended read with any rules or
regulations that might be framed there under. By using the Site and its
Services, the Users represent and warrant that (a) All registration information
submitted is truthful and accurate; (b) The User will maintain the accuracy of
such information; (c) The User is 18 years of age or older; and (d) The use of
the Site does not violate any applicable law or regulation. (e) User’s profile
may be deleted and his Membership may be terminated without warning, if we
believe that user is in breach of any of the above terms. (f) In no event the
Site will be liable for any damages including, without limitation, indirect or
consequential damages, or any damages whatsoever arising from use or loss of
use, data, or profits, whether in action of contract, negligence or other
tortuous action, arising out of or in connection with the use of the site.
That the Users agree to use this site only for lawful
purposes, and in a manner which does not infringe the rights of, or restrict or
inhibit the use and enjoyment of this site by any third party. Such restriction
or inhibition includes, without limitation, conduct which is unlawful, or which
may harass or cause distress or inconvenience to any person and the
transmission of obscene or offensive content or disruption of normal flow of
dialogue within this site. If any User/individual; /entity become aware of any
inappropriate content by any User of this site, or otherwise please contact us
at info@RealEstateOdisha.Com.
The Site has no expertise in the domain of intellectual
property rights of anyone. It is beyond our scope to verify that the User of
the Site have posted ONLY products and services on which they have complete
authorization / ownership / dealership / selling rights. As an INTERMEDIARY,
our role is limited and in case you have any concern related to copyright
infringement then we shall appreciate if the same is to be brought to our
notice. The Site neither advocates / endorses such products that may be deemed
to be infringing by the virtue of their being listed on the Site nor does it
endorse the infringement by removing such listings.
That the Site shall not be liable for any such information
or data which is not within its knowledge / acknowledgment / contraventions /
copyright issues committed by its Users and which is beyond the control of
verification.
That the Site shall have a sole discretion regarding
deletion of his User’s classifieds/listing/if the same is found to be in
contravention of the various copyright right/intellectual property right rights
of third party. That the present clause is in compliance with the INFORMATION
TECHNOLOGY ACT 2000 and hence no discussion/argument shall be entertained in
any case and in any circumstance.
This Agreement applies to each Paid Service (as defined
below) in addition to any terms and conditions that may be applicable to such
specific Paid Service provided, however, that in the event of any conflict or
inconsistency between any provision of the terms and conditions that may be
applicable to such Paid Service and any provision of this Agreement, such
conflict or inconsistency shall (except as otherwise expressly provided or
agreed) be resolved in a manner favourable to RealEstateOdisha.Com and/or its
affiliates; and only to the extent that such conflict or inconsistency cannot
be so resolved, the provisions of the terms and conditions applicable to such
specific Paid Service shall prevail.
RealEstateOdisha.Com may amend this Agreement at any time by
posting the amended and restated Agreement on the Site. The amended and
restated Agreement shall be effective immediately upon posting. Posting by RealEstateOdisha.Com
of the amended and restated Agreement and your continued use of the Site shall
be deemed to be acceptance of the amended terms. This Agreement may not
otherwise be modified, except in writing by an authorized officer of RealEstateOdisha.Com.
Membership is activated within 24 To 48 Hours in working
days from the receipt of activation charges and is continued for the period for
which the activation charges have been submitted, however the Web pages are
created as per the information/approval provided by the User and may take some
time however no relaxation will be provided/allowed for the said period...
Users be aware that the servers belong to third party and
the continuation to access the services are subject to availability as the same
is interrupted at times by technical problems /hackers etc. and RealEstateOdisha.Com
or the parent company is not responsible for the costs/damages/extension of
activation period etc. for the same in any manner under any circumstances. The
Users are advised to spool the messages etc. offline and save them elsewhere in
order to avoid any hacking or technical problem.
Membership charges are subject to revision and are at the
discretion of the RealEstateOdisha.Com.
The RealEstateOdisha.Com reserves their right to block or
delete the webpage at any time without assigning any reason etc. and the User’s
will have no claim or right whatsoever against RealEstateOdisha.Com under any
circumstances.
Users agree to accept communications (through Calls/Chat/
Mails/SMS) on the numbers made available during registration or subsequently,
via registration forms, posting requirements, feedbacks or any such form that
has provision for phone number / mobile number irrespective of being on Do Not
Call Registry; which include company / your number / an assigned point of
contact; with respect to the subscribed services of RealEstateOdisha.Com.
USER’S OBLIGATIONS
PROPRIETARY RIGHTS IN CONTENT ON REALESTATEODISHA.COM
RealEstateOdisha.Com owns and retains other proprietary
rights in the site as well as the services. The Site contains the copyrighted
material, trademarks, and other proprietary information of RealEstateOdisha.Com.
You may not copy, modify, publish, transmit, distribute, perform, display, or
sell any such proprietary information, except for that information which is in
the public domain or for which you have been given permission.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks, registered marks (“Marks”)
appearing in RealEstateOdisha.Com are the properties either owned or used under
license by the Company and / or its associates. All the rights accruing from
the same, statutory or otherwise and intellectual property rights wholly vest
with the Company / its associates. All rights not otherwise claimed under this
Agreement or by the Company / its associates are hereby reserved.
The access to the Site does not confer upon the User any
license or right to use 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.
PROHIBITED USE
In the event of a violation of any of the above mentioned
covenants by the User, and same comes to the Company’s knowledge, 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 activity, the Company has the sole authority to
terminate or suspend the membership at RealEstateOdisha.Com 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 goodwill
of the Company, due to such violation by the User.
COPYRIGHT POLICY
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the RealEstateOdisha.Com service in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following
information: an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the
material that you claim is infringing is located on the our Site; your address,
telephone number, and email address; a written statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf. RealEstateOdisha.Com
‘s Copyright Agent for Notice of claims of copyright infringement can be
reached by writing to the address located under the Contact Us section on the
site.
CONFIDENTIALITY
As RealEstateOdisha.Com is an online platform so it cannot
guarantee confidentiality of information provided by Users who use the Site, so
any breach in privacy due to technical fault or any other means is not the
responsibility of RealEstateOdisha.Com.
The User is entitled access to his own data and information
stored in the database at RealEstateOdisha.Com (subject to prior confirmation
of identity) and may edit or amend such data and information at any time.
The Users need to be aware that when they voluntarily reveal
identification-oriented information (name, e-mail address) to anyone resulting
in unsolicited messages from third parties then such interaction is beyond the
control and liability of RealEstateOdisha.Com.
RealEstateOdisha.Com is liable to share all information
available with it in response to any legal proceedings including and not
restricted to court orders, notices, subpoena, FIR etc.
The copyright, know how or any other related intellectual
property to the Service or RealEstateOdisha.Com shall be the sole and exclusive
property of the Company. In the event the User has contributed any content to RealEstateOdisha.Com
in any manner whatsoever, the intellectual property of the same shall stand
automatically assigned to the Company and the User shall have no right or claim
over the same. In the event 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 can be construed to be an infringement of the
intellectual property belonging to the Company and the Company shall have the
right to legal recourse in this regard.
PRIVACY POLICY
The information provided by the user of RealEstateOdisha.Com
shall be in accordance to the respective laws. The information/data provided by
the user may be used by all divisions/sister concerns/ventures of the RealEstateOdisha.Com
to carry out the purpose of the project, whereas in no case it shall be
communicated/ transformed/spread to any company/third party or whatsoever for
any other commercial usage without the consent of the user.
Updating/modification/deletion of user’s data/ information
shall be done on the written request of the user himself or his representative
or his authorized person only.
By using this Site, the Users understand that all the
information provided by you including and not limited to the company’s
information, property listing details are being submitted in the Site and by
registering on this Site, you agree that the information posted by you is a
public document that can be accessed by other Users of the Site. You agree and
consent that RealEstateOdisha.Com can use all the information provided by you
to help you in the pursuit for find a buyer / seller by either forwarding the
requirements to registered Users or by showcasing your property listing on the
Site’s search displays for the candidates (Visitors / Users) to see and
contact.
RealEstateOdisha.Com is committed to respecting the online
privacy of its Users and doesn’t intend to sell, rent or share the Personal
Information of Users to Third Party. The Site shall not transfer any such
information unless it is legally required or to provide services to support
your search for candidates. You agree to not hold RealEstateOdisha.Com liable
for any breach in privacy due to technical or any other means.
RealEstateOdisha.Com strives to provide a safe, secure User
experience. The Site is committed to protect your Privacy but cannot guarantee
/ promise the same and you understand and agree that you assume all
responsibility and risk for your use of the Site.
Being an Intermediary, the role of the Site is limited to
providing a platform for the Users to interact and we have no control over the
data usage practiced by the Users who use the services of the Site.
By using the Services of the Site you consent to collection,
storage, and use of the personal information you provide (including any changes
thereto as provided by you) for any of the Services offered by the Site and
consent that RealEstateOdisha.Com can contact your for offers, updates,
service-related information, send newsletters, for feedback, surveys,
promotions, contests etc.
The pages on the Site utilize “cookies” and other tracking
technologies mainly to improve the User experience on our Site and analysis of
traffic is undertaken to reveal the trends and statistics.
RealEstateOdisha.Com advises its User to exercise complete
caution while completing online transactions and it is the sole responsibility
of the User to verify and validate the information present on the site as well
as the people whom they choose to interact with. RealEstateOdisha.Com shall not
be responsible for any loss / damage due to negligence of the User. You have
sole authority to access and update all the information posted by you on the
Site and it is your responsibility to keep the same updated. It is strictly
advised that Users respect the Privacy of other Users as well as keep their
profiles updated. Access to services of the Site including updation / deletion
of profile may be restricted / denied if it comes to the notice of RealEstateOdisha.Com
that this would violate anybody else’s rights or if so requested by a legal
entity.
LIMITATION OF LIABILITY
REFUND PROPERTY LEADS
Request for refund of Property leads on account of
non-contactable contact details need to be brought in notice within 5 days of
purchase, failing which the request would not be entertained.
No refund requests owing to cancelled or fulfilled leads
would be entertained as these are beyond the scope of the Site since we have no
role in monitoring the deal finalization, transactions or preferences of the
Users.
The refund request cannot exceed 25% of the assigned
Property leads quota and the request can be processed directly via the member
folder in which the refund option would be inaccessible once the limit is
exceeded irrespective of the reason cited for refund.
DISCLAIMER
USE OF DATA
The User hereby agrees and irrevocably authorizes the
Company to:
RERA DISCLAIMER
The Users who are sellers such as Project Developers /
Builders / Real Estate Agents shall obtain necessary registration under the
said Act and ensure all necessary compliance with the rules, regulations and
guidelines of RERA Act 2016. It is mandatory that these Users disclose all the
requisite information and relevant details as prescribed in the RERA Act 2016. RealEstateOdisha.Com
neither guarantees nor offers any warranty about the information including RERA
credentials posted by the Project Developers / Builders / Real Estate Agents as
well as their compliance.
The Site recommends that the Users refer the respective RERA
websites, as may be applicable, of the respective State where the Project /
Property is registered for complete procedures as well as accurate information
related Project / Property posted on the Site by Project Developers / Builders
/ Real Estate Agents and advises the Users to take all efforts to make
necessary verifications before proceeding for finalization / transactions.
In no event the Site will be liable for any damages
including, without limitation, indirect or consequential damages, any claims
arising due to inaccurate / discrepant information posted on the Site.
The Company makes no representations and warranties of any
kind, whether expressed or implied, for the Services and in relation to the
accuracy or quality of any information transmitted or obtained at RealEstateOdisha.Com.
INDEMNITY
You agree to indemnify and hold RealEstateOdisha.Com, its
subsidiaries, affiliates, officers, agents, and other partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorney’s fees, made by any third party due to or arising out of your use of
the Service in violation of this Agreement and/or arising from a breach of
these Terms of Use and/or any breach of your representations and warranties set
forth above.
VARIATION
The Company reserves the right to amend the terms and
conditions contained herein and in the Services Guide at any time upon notice
(in such form as may be determined by the Company) to the User.
The Terms and Conditions of this agreement will be updated
from time to time and posted at RealEstateOdisha.Com. The User should visit the
site periodically to review the 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.
PAYMENT AND REFUND POLICY
Payment for memberships:
All payments for services at RealEstateOdisha.Com have to be
made in favour of “RealEstateOdisha.Com” only. All payments need to be made on
100% advance basis to continue to use uninterrupted Paid Services.
We have not authorized any individual or organization to
collect payments in any other name (i.e. any other individual or organization
name) or via personal Western Union or personal Paypal Accounts for any
services rendered by RealEstateOdisha.Com. You are informed that under no
circumstances will RealEstateOdisha.Com be liable for any damage caused due to
your transactions / payments made to / in favour of such fraudulent individuals
or organizations. To protect your interests, please contact us immediately if
any such fraudulent individual or organization tries to mislead you.
The User, who is liable to pay Subscription Fees, shall pay
it on demand even if the User disputes the same for any reason. In the event
that the Company deciding the dispute to be in the User’s favour, the Company
shall refund to the User any excess amount paid by the Member free of interest.
In the event of late payment by the User of any sums due under this Agreement,
the Membership and the services would stand terminated.
Refund / Money Back Policy:
Once subscribed, the payment made by the User for Paid
service is not refundable and no claim for refund would be entertained. RealEstateOdisha.Com
neither offers any guarantees for the accuracy, timeliness, authenticity nor
advocates any of the content posted by the other Users. All the services are on
a best effort basis.
Refund on the basis of fraudulent transactions
The User is solely responsible for maintaining
confidentiality, as well as all the activities and transmission performed
through his My Folder. He/she shall be solely responsible for carrying out any
online or off-line transaction involving credit cards / debit cards or such
other forms of instruments or documents for making such transactions. RealEstateOdisha.Com
assumes no responsibility or liability for their improper use of information
relating to such usage of credit cards / debit cards used by the subscriber
online / off-line.
Refund on the basis of change in preference / delay in
process
As we at RealEstateOdisha.Com keep up high interactions with
our clients and carry out the entire process with their approval thus there is
no provision for any kind of full or partial refund.
Once an order is placed it cannot be cancelled as it is sent
for processing immediately. Your personal preferences changed in the course of
time, cannot serve a reason for refund or charge back.
SUSPENSION / TERMINATION OF SERVICES
RealEstateOdisha.Com reserves the right to partially suspend
the User’s access to certain features, panels, access points or fully terminate
a User’s Account at any time without assigning any reason or notice to the User
(Free and Paid Members) in order to protect the interests of other Users of RealEstateOdisha.Com
and / or the interests of RealEstateOdisha.Com.
Termination or suspension either fully or partially as
deemed fit by RealEstateOdisha.Com may be on reasonable grounds to suspect / on
receipt of complaint / a belief / an investigation / a notification from
law-making bodies or governing authorities and can be done for the following
reasons:
With such termination, the User(s) would lose the authority
to use the Free and Paid Services of the Site and would not be entitled to
register again with new User information unless permitted by RealEstateOdisha.Com
in writing. No membership charges / subscription fee paid by the User(s) will
be refunded in case of termination. The User(s) acknowledge and agree that any
direct or indirect damage caused due to such termination are not a liability of
RealEstateOdisha.Com.
USER DISPUTES
The Users are solely responsible for your interactions at RealEstateOdisha.Com
and RealEstateOdisha.Com reserves the right, but has no obligation, to monitor
disputes between Members.
RealEstateOdisha.Com will not be party to any legal
proceedings between User and any other registered or free User for any
transactions through the Site. RealEstateOdisha.Com will always abide by
governing / legal authorities order and cooperate fully through the process,
but the costs of the same shall be recovered from the party that has implicated
RealEstateOdisha.Com in such case.
MATTER OF DISPUTES AND JURISDICTIONAL ASPECTS
For any kind of legal dispute related to RealEstateOdisha.Com
would be dealt in only territory of Delhi. All the legal issues are subjected
only to pertinent contemporary’s laws in force at Bhubaneswar to the
jurisdiction of courts located in Bhubaneswar only.
GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or matter arising from
incidental use RealEstateOdisha.Com is governed by the laws of India and the
User and the Company hereby submit to the exclusive jurisdiction of the courts
at Bhubaneswar, Odisha. This Agreement, accepted upon use of the Site and
further affirmed by becoming a User of the RealEstateOdisha.Com, contains the
entire agreement between you and RealEstateOdisha.Com regarding the use of the
Site and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
RealEstateOdisha.Com is a unit of Gharabadi Realty Private Limited.
If you have any questions about these terms, please contact realestateodisha@outlook.com.
Note: Being an Intermediary, the role of RealEstateOdisha.Com
is limited to provide an online platform that is acting in the capacity of a
search engine or advertising agency only, for the Users to showcase their
property related information and interact for sale and buying purposes. The
Users displaying their properties / projects for sale are solely responsible
for the posted contents including the RERA compliance. The Users would be
responsible for all necessary verification prior to any transaction(s). We do
not guarantee, control, be party in manner to any of the Users and shall
neither be responsible nor liable for any disputes / damages / disagreements
arising from any transactions.