Last Updated on 1st Jan, 2019
2. AMENDMENT/MODIFICATION OF TERMS/SERVICES
Nirmala Properties, reserves its right to withdraw wholly or partly, without assigning any reason, any of Services offered through the Website with or without any notice.
3. SCOPE OF SERVICES
4. REGISTRATION OBLIGATION AND MEMBERSHIP
In order to avail the various services offered by us, you are required to register with Nirmala Properties. If you represent an organization and wish to use the Services for your organization, we recommend that You, and all other users from your organization, sign up for user accounts by providing your corporate contact information. The membership of this website is available only to those above the age of 18 barring those Incompetent to Contract which inter alias include insolvents and the same is not allowed to minors as described by the Indian Contract Act, 1872. If you are a minor and wish to browse/use the Website, you may do so through your legal guardian and Nirmala Properties reserves the right to terminate your account on knowledge of You being a minor and using the membership of the Website.
Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. In the event you provide us with false and inaccurate details or Nirmala Properties has a valid reason to believe that false and inaccurate information has been furnished, we hold the rights to permanently suspend your account and levy penalty (esp. for brokers who list as owners or builders providing fake info).
5. PAYMENT OBLIGATION
The charges/fees for the various Services offered by Nirmala Properties have been clearly set forth in the Website. There are both paid services and free services offered thorough the Website. The details of the Services that are offered without charges and with charges are clearly set out in Website or You may communicate with us at email@example.com to get more information. You understand that the Services offered without any charges are restricted (as per the information you may have obtained from NP or as may be seen while availing the said Services). Hence You may be required to pay the amounts, communicated by us or set forth in the Website, if you wish to avail any Services other than the free Services offered. Nirmala Properties reserves the right to alter/modify the amounts payable for the Services without any prior notice. The details of cancellation and refund is provided in /public-pages/cancellation-and-refund. There will be no refund of any amounts paid by you for availing the various Services offered through the Website, except expressly stated elsewhere Nirmala Properties may offer certain discounts or other offers for the various Services. The terms and conditions of the offers/discounts shall be clearly set forth in the Website and the same may be time bound and hence you may not claim any offers/discounts when the time for the same has lapsed/expired. There are specific services which are offered directly by third party vendors and the role of NP in such cases is only to post the availability of such services on our website. NP will not be liable or responsible in any way for such services or the quality of such services. Any payments being made by Users do not accrue to NP and NP will not entertain any requests for information / clarification regarding such Services.
6. TERMS AND CONDITIONS FOR AVAILING THE SERVICES - WITHIN APARTMENT COMPLEX
The array of services offered by Nirmala Properties includes Service rendered to residents within a building/apartment complex ("Residents") to interact with their neighbors and share their knowledge of the neighborhood. Subject to the provisions below, and to the terms of any agreement we may have with your building's owners or management or association, the following elements of the Service are available to Residents:
a) Network Access:
As part of the Service, Nirmala Properties creates a unique Network for each building/apartment complex. If you are a Resident of a building, we will permit you to access the entire Network for that building by using a username and password. Initially, Nirmala Properties will provide you with an activation code in a postcard or other mailing sent to your apartment complex/building or, in certain participating buildings, provided by your building's management or Residents. Otherwise, you may request an activation code from firstname.lastname@example.org.
Please note that only one username and password should be created per user/Resident. Username is the email id provided by the Resident. You can invite other Residents living in your unit or any of your neighbour by clicking on "Invite Neighbours" by providing email ids or house reserve the right to verify this information before enabling an additional account.
b) Registration Information:
Any registration information you provide must be true, accurate, current and complete, except that you may provide a preferred nickname when prompted for your first name. Please note that this nickname or first name will be displayed on your profile page and with any messages, reviews, comments or listings that you send or post through the Network.
Please also note that we may, but are not obligated to, use the information you provide to verify that you are actually a resident of your Network's building, and that we may forward this information to building management.
c) Profile Information:
d) Notices; Messages; Community Forums:
The Website contains notice board where you may post notices for other Residents to see. Please note that, if you post a notice, the first name or nickname that you have provided will be displayed with that notice.
Although we reserve the right to verify your information, we do not assume any obligation to do so. We cannot, and do not, guarantee that each person who claims to be a resident of your building actually is a resident of your building.
We are not obligated to pre-screen or monitor any messages or bulletin boards or notice board or advertisement, but do reserve the right to do so, and to remove any message from the Website in our discretion. We may also forward offensive or unlawful content to law enforcement authorities or to your building's management or owners. In the event of any claim on Nirmala Properties on account of any messages posted by you, Nirmala Properties will not be liable for the same and you shall indemnify NP in this regard.
7. TERMS AND CONDITIONS - OTHER SERVICES
a) Local Info:
The Website contains Local Info section which will allow you to access, rate, review, and recommend restaurants and other businesses in your locality or neighbourhood. The information on these pages may be provided by a third party or submitted by individual Residents. You agree that any information that you provide on these sections will be true and accurate, and that you shall not defame, slander or libel any person or establishment.
NP cannot and does not guarantee the accuracy, integrity or quality of any content submitted by individual users or provided by third party. In addition, your interactions with businesses found on or through the Service, including payment and delivery of goods or services (including any food orders), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and those businesses. In no event shall NP or your building or management be liable for any damages arising out of any interaction between you and such parties.
b) Market Place:
Market Place lets you offer goods and services such as posting of properties for sale, new properties being developed in any area, etc. to one another, or post wanted ads. Please keep in mind that the Market Place is only a venue for you to place or respond to classified listings. Nirmala Properties hereby reserves the right to set the limit on the number of responses for a free user. Nirmala Properties does not take responsibility for the content on the website and you are required to exercise independent judgment before acting upon any content set out in the Website. You may not list or sell any item in the Market Place or otherwise through our Service which: (a) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causes a legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, ordinance or regulation.
8. REGULATION OF USAGE OF WEBSITE
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You agree not to use the Website (including, without limitation, any Services you may obtain through your use of the Website):
• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual or organization;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• To interfere with or disrupt the Website or servers or networks connected to the Website.
Without limiting the foregoing, you may not list or sell any prohibited / banned items in the Market Place.
You agree not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to the Website unless You have acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said property(s) on the Website. Photographs with any watermark are prohibited.
9. TERMINATION OF REGISTRATION
Without limiting any other remedies, NP may terminate your account if (a) you are found or suspected to have engaged in fraudulent activity in connection with the use of our Services, (b) we are of the opinion that you have breached these Terms or such other reasons as deemed fit by Nirmala Properties with or without assigning any reasons/evidence thereof.
10. COMMUNICATION FROM Nirmala Properties:
We may also send Residents occasional e-mail bulletins encouraging them to log in to the Network or take advantage of various features or offers, unless such Residents have opted not to receive these e-mails. These e-mails may also contain neighbourhood information, tips and suggestions or any other offer provided by third party. NP does not take any responsibility of the validity of any of these offers. If we make these e-mails available to Residents in your Network, you will be able to opt in or out of these e-mails at any time by updating your preferences through your "Settings" page.
11. Information for Users/Service Providers:
Because certain areas of the Website are designed to help Users discover new rental or purchasing opportunities, you may browse some sections of the Network for any apartment complex/building on the Website, even if you have not yet registered. However, you will not be able to read or post any reviews or ratings in these sections unless you have logged in as a Resident of that Network's building. NP will not make available any of the information which could be private to any apartment to public users without notifying users of the network. However authority of deciding upon a piece of information to be private stays with NP.
12. INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks ("Marks") appearing in Website are the properties either owned or used under license by Nirmala Properties. All rights accruing from the same, statutory or otherwise, wholly vest with Nirmala Properties. 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.
Nirmala Properties respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Nirmala Properties shall respect the Intellectual Property Rights of the users as well as third parties. In a case where a User/s are found to be using Website as a platform to infringe the Intellectual Property Rights of others, Nirmala Properties will be free to terminate the said User/s account forthwith without any notice to the user.
13. DISCLAIMER OF WARRANTIES
ALL INFORMATION AND SERVICES PROVIDED BY THE COMPANY THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Nirmala Properties DOES NOT WARRANT THAT THE SERVICES OFFERED ARE FREE OF ERRORS OR MISTAKES. Nirmala Properties DOES NOT WARRANT OR REPRESENT THAT DEFECTS OR LIMITATIONS IN THE SERVICES WILL BE CORRECTED. NOR DOES THE Nirmala Properties WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE CONTINUOUSLY. CERTAIN EXTENUATING CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED. Nirmala Properties PROVIDES NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITION, Nirmala Properties PROVIDES NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICES.
Nirmala Properties SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL, DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER) DUE TO ACCESS, DOWNLOAD OR USAGE OF CONTENTS FROM THE WEBSITE. THE CONTENT OF THE WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE.
Nirmala Properties reserves the right to publish property details with Your consent that have been furnished by You. However, should there be a situation where Your consent was not obtained, You would be required to contact Nirmala Properties immediately. Discussing this on any public or social forum is prohibited and a legal penalty will be applicable if this is found. Any feedback regarding correction of details has to be communicated to Nirmala Properties immediately. Nirmala Properties can be contacted on email@example.com or firstname.lastname@example.org or on (+91) 72-75-65-5556 or at our office address Nirmala Property and Construction, Gomti Nagar Luclnow, Uttar Pradesh, India - 226010
15. NO LIABILITY
Unless explicitly stated in any part of the Website, we are not involved in the actual transactions between tenant and owner of any goods or services or any users posting any information/listings on the Website. We absolutely have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of tenant to rented property offered thorough the Website. We cannot and do not control whether or not owners will complete the rent of property they offer or buyers will complete the purchase of items they have committed to owners. In addition, note that there are risks of dealing with people acting under false pretense. We expect that you will use caution when using the Website. You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, leads, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website or as a result of any rent, lease of property and services with other users of the Website. Nirmala Properties is not liable in any manner to any third party/User for any content/listing, posted by the Users on the Website.
Nirmala Properties reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties and/or other goods and services posted on any part of the Website without prior notice.
You agree to indemnify, defend and hold harmless Nirmala Properties, its officers, directors, employees and agents from any claim, cost, expense, judgment or other loss incurred due to violation of the terms and conditions contained in this Terms by You.
17. LINKS TO THIRD PARTY SITES
18. GOVERNING LAW
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to these Terms.