This website, www.landkhoj.com is owned and operated by a team of professionals with a vision to provide a platform to persons involved in real estate activity as user/consumer or service provider. Landkhoj.com is just an open platform where visitor/user/agent/dealer/advertiser/builder etc. are placing their own information/views, which are not authenticated/assured /guaranteed/undertaken/endorsed by the Owner , who are not at all responsible in any manner for any content placed on Landkhoj.com . It is a network of persons where one person is providing/offering services and the other person is accepting at its own risk and responsibility. Landkhoj.com and/or any other website(s) linked to this website is an online information and communication services provided to you, subject to your compliance and acceptance with the Terms and Conditions mentioned hereunder. BY ACCEPTING THESE TERMS & CONDITIONS OR USING landkhoj.com, you agree to be bound by the Terms & Conditions mentioned hereunder. If you do not agree with any Terms & Conditions mentioned hereunder, you should not use or access landkhoj.com. Therefore Dear User /agent /consultant /trader /associate /builder / advertiser /visitor, you are requested to read these Terms & Conditions carefully before using/visiting landkhoj.com. Hence it is expressly stated here that every User /agent /consultant /trader /associate /builder / advertiser /visitor on landkhoj.com enters into an agreement on the Terms & Conditions mentioned here. Definitions used in the Terms & Conditions are set out as under. ‘User' include any person (Individual/other legal entity in law) such as User/agent/dealer/consultant/builder/trader/associate/advertiser/ visitor to the landkhoj.com. And also 'User' would include both the authorized and unauthorized user(s) 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of landkhoj.com, and to whom the access is restricted by the use of a sign in user name and password. The user name and password are either allotted by landkhoj.com or chosen by the user or agreed upon by landkhoj.com. It is made abundantly clear that only the authorized user has the right to access the services so offered by landkhoj.com 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 '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. 'service' or 'services' would mean to include the interactive online information service offered by landkhoj.com on the internet through which the user may access information carried by landkhoj.com 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 landkhoj.com acting as an agent either express or implied on behalf of any user/agent/associate/ visitor/customer/advertiser/consultant/trader. The Owner, may amend/modify/add/delete these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on landkhoj.com. You may review the modified Terms and Conditions periodically or before accessing/visiting landkhoj.com, to be aware of such modifications and your continued access or use of landkhoj.com, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/ modified from time to time. The Owner, may also suspend the operation of landkhoj.com for support or technical up gradation, maintenance work, in order to update the content or for any other reason. If you utilize landkhoj.com in a manner inconsistent with these Terms and Conditions, The Owner, 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 / LISTING AND ADMINISTRATION OF LISTINGS
Any ‘User' agrees not to submit any property / project descriptions / requirement, photographs, videos, financial content or other information contained in each Property's/ project’s data and requirement to landkhoj.com unless the ‘User' has acquired/received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer/videographer and/or copyright owner of any photograph (s)/video (s), to publish and advertise the said Property(s) on the Customer's website or on landkhoj.com. The ‘User' shall disclose all material information in respect of all such property(s)/ requirement (s) submitted including the present status and nature of such property/ requirement and shall also disclose whether the property is free from all encumbrances or not. The ‘User' in addition shall furnish a brief background of such property in respect of title, ownership and possession, The Owner may also require the ‘User' to support his/her/its/their claims with respect to the status of the property with such documents as may be specified by it from time to time. The ‘User' may further be required to substantiate his/her/its/their claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. The Owner 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, THE OWNER may require additional evidence of compliance with this provision from ‘User' who are alleged to have submitted Properties or other information/data in violation of this Agreement. THE OWNER will, in its sole discretion, terminate the accounts of, and refuse service to, any ‘User' who repeatedly or intentionally violates this Agreement. Additionally, the ‘User' agrees to allow the Property listing/ requirement, 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 landkhoj.com website. THE OWNER shall have the sole authority to choose the manner in which any Property/ Requirement will be searched, displayed, accessed, downloaded, copied, and otherwise used on landkhoj.com and THE OWNER 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 ‘User' will be accurate; (b) that the ‘User' will not or permit the posting of a property / requirement on landkhoj.com 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; THE OWNER reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties listed on the Customer's website or on landkhoj.com without notice. THE OWNER accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the ‘User'. While THE OWNER shall take all reasonable efforts for data backup and business resumption, the ‘User' will be solely responsible for retaining back-up copies of all information, photographs, videos and other materials furnished/ submitted to landkhoj.com. ‘User', who is/are buying/selling/ renting/ collaborating/ entering into any agreement or association for property/properties through landkhoj.com, must verify details of the property/properties as well as its right, title, ownership, lien etc. on their own. If you utilize landkhoj.com in a manner inconsistent with these Terms and Conditions, THE OWNER 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
‘User' agrees to treat all information obtained from the service, including listings, postings, agent/ dealer/member/builder/ trader directory, and any information otherwise made available to user/ agent/associate in the service ("Content") is proprietary to landkhoj.com. User/agent/associate agrees that content reserved for members will be maintained as confidential and shall be protected as a trade secret of landkhoj.com. landkhoj.com does not ensure the authenticity, accuracy , endorse or recommend any content and user/agent/ associate/visitor/builder/advertiser uses such content at its own risk. User/agent/associate/visitor/builder/advertiser may access the listings in the service solely to obtain initial information from which further evaluation and investigation may commence. User/agent/associate/visitor/builder/advertiser 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. User/agent/associate/visitor/ builder/ advertiser shall not use or reproduce any content that is obtained from the service, or that is otherwise made available to User/agent/ associate/visitor/ builder/advertiser in the service, for or in connection with any other listing/posting service or otherwise. User/agent/associate/visitor/ builder/advertiser further shall not use the service provided by the landkhoj.com in any other manner for or in connection with any other listing/posting service. User/agent/associate/visitor/ builder/advertiser violating these specific terms, specifically those User/agent/associate/visitor/ builder/ advertiser offering/submitting the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks ("Marks") appearing in landkhoj.com are the properties either owned or used under license by THE OWNER and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with THE OWNER / 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. THE OWNER respects all the Intellectual Property Rights, it has and will continue to adhere to all the laws applicable in India in this respect. THE OWNER 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 landkhoj.com as a platform to infringe the Intellectual Property Rights of others, THE OWNER will be free to terminate this agreement forthwith without any notice to the user.
RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to: 1. Access data not intended for you or log into server or account that you are not authorized to access; 2. Attempt to probe, scan or test the vulnerability of a system or network; 3. Attempt or breach security or authentication measures without proper authorization; 4. Attempt to interfere with, access to any other user, submit a virus of any kind or Trojan horse to landkhoj.com, overloading, flooding, mail bombing or crashing; 5. Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in landkhoj.com except as permitted; 6. Copy and distribute any 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 of Website, whether in hard copy or electronic format, including postings to any other Website; 7. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from landkhoj.com or link to landkhoj.com, without our express written consent. 8. Utilize the services offered by landkhoj.com in any manner so as to impair the interests and functioning of landkhoj.com. The user undertakes not to duplicate, download publish, modify and distribute material on landkhoj.com unless specifically authorized by THE OWNER in this regard. The user undertakes not to establish any deep link or other connection to any specific page of landkhoj.com other than the Home Page without obtaining prior consent of THE OWNER. THE OWNER 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. 9. Users undertake that the services offered by landkhoj.com shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. THE OWNER reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by THE OWNER to relay emails. All attempts shall be made by THE OWNER and the user to abide by International Best Practices in containing and eliminating Spam. Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
landkhoj.com may provide links to other third-party World Wide Web sites or resources. THE OWNER makes no representations whatsoever about any other Web site you may access through this Website (landkhoj.com).
DISCLAIMER
The User shall agree that use of the service/content of Landkhoj.com is at the user's sole risk. THE OWNER makes no warranty that the service shall meet user's requirements. THE OWNER will not be liable for any time difference arising between a message released through a gateway/ server (provided to THE OWNER) and such message finally reaching the End User from the concerned service provider. THE OWNER shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition THE OWNER 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 OWNER shall not be liable in any way for the same. Further THE OWNER 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 THE OWNER accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted and/or correspondence entered into regarding any advertisement published. THE OWNER does not warrant that LANDKHOJ.COM or any of the web sites linked to LANDKHOJ.COM be free of any operational hazards or errors nor that it will be free of any virus and/or worm and/or any other harmful components. THE OWNER is not involved in any transaction between any parties who are using the 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 THE OWNER screen or/and censor or/and otherwise control the Users of its service. THE OWNER cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of LANDKHOJ.COM will complete the transactions they describe on the site. It is extremely important that the user takes care throughout his dealings with other people on this site. THE OWNER does not accept and/or assume responsibility for the content and/or context of the user comment areas and will not remove and/or 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 THE OWNER 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 and/or participant/s, the User hereby undertake not to make any claims and/or demands and/or damages (actual and/or consequential) of any kind, nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or our service, against the THE OWNER and/or their officers and/or employees and/or agents and/or successors. The User understands and agrees that any information and/or material and/or goods and/or 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 and/or cost and/or any other consequence/s resulting from any transaction. No advice or information, whether oral or written, obtained by the User from LANDKHOJ.COM 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 OWNER 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. 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 content of landkhoj.com is provided "AS IS" and on "AS AVAILABLE" basis, without warranties or representations of any kind, either express or implied. THE OWNER 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, updates or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of landkhoj.com. 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. THE OWNER 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. THE OWNER does not endorse investment in any projects, which have not received official sanction and have not been launched by the Builder/Promoter; 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 LANDKHOJ.COM 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 THE OWNER 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 THE OWNER 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. THE OWNER 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. THE OWNER 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 THE OWNER intends to announce, launch or provide such products, programs or services in your country.
LIMITATION OF LIABILITY
THE OWNER will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages. THE OWNER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer's data/information. THE OWNER shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
TERMINATION
THE OWNER may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to landkhoj.com (or any part thereof) for any reason, including, without limitation, that THE OWNER based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on landkhoj.com 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, THE OWNER and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including legal and accounting fees, alleging or resulting from your use of landkhoj.com material or your breach of these Terms and Conditions.
PRIVACY POLICY
The User/agent/associate/visitor of landkhoj.com is subject to Privacy Policy available through this link.
ARBITRATION
If any dispute arises between a user/users and THE OWNER 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 THE OWNER. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi, INDIA. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and THE OWNER governs your use of landkhoj.com. 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.
WAIVER
The failure of THE OWNER 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.
GOVERNING LAW
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to landkhoj.com as well as these Terms and Conditions.
JURISDICTION
Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to landkhoj.com and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to landkhoj.com. THE OWNER does not routinely monitor your postings to the web site but reserves the right to do so. However, if THE OWNER becomes aware of an inappropriate use of landkhoj.com or any of its Services, THE OWNER will respond in any way, in its sole discretion, as they deem appropriate. You acknowledge that THE OWNER 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, THE OWNER will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. THE OWNER reserves all other rights. VIOLATIONS Please report any violations of these Terms and Conditions to THE OWNER at [email protected]