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Terms of Use

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under  as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of  http://www.1property.in

Your use of the website found at the url – http://www.1property.in and its related webpages, tools and services (hereinafter the “Website“) shall be in accordance to the terms contained herein (hereinafter referred to as “Terms of Use“) and all other policies including but not limited to a Privacy Policy published on this Website (hereinafter referred to as “Privacy Policy“). This Website is owned and operated by THINKCEPT , a firm incorporated under the laws of India (hereinafter referred to as the “Company”).

For the purposes of these Terms of Use the terms ‘You’, and ‘User’ shall mean any legal person who has registered on the Website, uses the Website, has identified themselves by providing details requested on the Website or a representative of such a person. Any information that You provide on the Website including but not limited to information shared at the time of registration shall be referred to as “User Information”.

By accepting the terms herein, or by accessing, viewing or using the Website, You agree to be bound by the Terms of Use and these constitute your binding legal obligations towards the Company. The Terms of Use may be modified at any time by the Company by posting the changes on the Website and You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by visiting the Terms of Use. Any modified terms shall be applicable to Your use of the Website without need for any further consent. If You do not agree to the Terms of Use, You should not register, view or otherwise seek to obtain access to or use the Website.

By accepting these Terms of Use you have also implied acceptance of the Privacy Policy and all other related security guidelines the Company issues on this Website from time to time.

  1. Registration
    1. You agree and understand that this Website and the contents are intended for people who are 18 years of age or above. You hereby represent that You are age 18 years of age or above and competent to contract.
    2. You understand for the purpose of effectively using the Website You may be required to provide accurate information including User Information.
    3. You represent that You have all rights required to provide the information that You have provided to the Website, including the User Information and represent that they are true and accurate.
    4. If You are registering as a business entity, You represent that You are duly authorized by such business entity to register and accept the Terms of Use and bind such business entity to these Terms of Use.
    5. The Company may require that you register in order to use some or all of the features and functionalities of the Website. The Company may in its sole discretion permit or deny Your registration. Once the Company permits you to register with the Website, You agree and undertake to access the Website only using the unique username and password, as amended by you from time to time, associated with your registration. You will be solely responsible for maintaining the confidentiality of such password and agree that the password is intended for use solely by You.
    6. You will be solely responsible for Your acts on the Website including those conducted under the username assigned to You.
    7. You understand and agree that the Company may, in its sole discretion terminate, Your access to the Website without notice and You waive, any right to claim access to the Website or any other claim that You may have. Any data of Your usage may be retained or deleted at the Company’s sole discretion.
    8. You agree that the User Information uploaded can be used and viewed by other third parties who access the Website.
    9. The Company may permit you to register with the Website using your Facebook or Twitter account. If you complete your Registration via Facebook or Twitter all applicable Facebook and Twitter terms of use and any changes to the same shall apply to you in addition to the these Terms of Use.

    All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy. You agree that You have read and understood the Privacy Policy.

  1. Permitted Use
    1. You agree that You will use the Website only for the purposes of viewing or listing advertisements related to real estate such as residential listings, commercial listings, rental listings, paying-guest listings, hostels listings and service apartments listings or to use the services provided by the Company in accordance with these terms of use and all other applicable agreements that You have entered into with the Company.
    2. You will use the Website and any information available in accordance with all applicable laws and regulations.
    3. These Terms of Use are in addition to all the other agreements and terms hereinabove referred to, as relevant.
  1. Prohibited Use

In relation to the use and access of the Website its content and features, You agree and undertake not to:

    1. Other than when acting as a real estate developer, property manager or real estate broker listing advertisements related to real estate such as residential listings, commercial listings, rental listings, paying-guest listings, hostels listings and service apartments listings on the Website, upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person;
    2. upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography;
    3. violate the privacy or publish any personal information of any person except to the extent specifically approved by such person and only to the extent absolutely necessary to advertise that such person real estate property is available for rentals;
    4. upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, the Company’s computer systems, or the computer systems of other users or third party systems;
    5. upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party;
    6. use the Website in any manner which is not permitted under these Terms of Use or in any manner which is illegal or unethical;
    7. access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user;
    8. use the Website for any unauthorized marketing purposes or for sending any unsolicited materials.

If any of your actions on the Website or materials posted by you on the Website are flagged as inappropriate, the Company reserves the right to review such actions or content to determine, in its sole and absolute discretion, whether it violates these Terms of Use. If the Company removes your content or disables your account and/or access to the Website, you may assume that such removal or disablement was purposeful on the part of the Company. The Company may, additionally refuse to let you re-register on and/or use the features and functionalities of the Website at its sole option.

  1. Intellectual Property

You agree and understand that:

    1. the contents of the Website including but not limited to the information, logos, designs, databases, arrangement of databases, user interfaces, response formats, videos, testimonials, software, audio, pictures, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Website and its contents and functionalities shall vest solely with Company or its licensors.
    2. Save for the limited right to access and use the Website in accordance with the Terms of Use and other applicable agreements, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Website or any of the contents and functionalities.
    3. To the extent required, You grant to the Company a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any materials, trademarks, trade names and other forms of your intellectual Property which You have provided the Company.
    4. You have no right to make any copies of the whole or part of this Website or any of the contents therein.
    5. You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Website save for any User Information that belongs to You.
    6. You have no right to use any search mechanisms other than that provided on the Website and You will not use any web-crawler or any data harvesting tools to harvest data of any sort from the Website.

If you are found to be in violation of this clause the Company reserves the right to terminate your access to the Website immediately.

  1. Disclaimers
    1. You agree and understand that the contents and services on the Website are available on an “as is” basis.
    2. The Company does not represent in any manner that:
      1. the information, data or contents of the Website are accurate;
      2. the Website will be available at all times and will operate error free or that there will be uninterrupted access and service;
      3. the integrity of the information on the Website or information You upload will be maintained;
      4. it endorses any of the views of any of the users who may have posted contents;
      5. it has verified or guarantees the quality of services or representations made by any user of the Website;
      6. it has verified the credit worthiness of any user;
      7. it has screened or verified any of the information posted herein;
      8. the Website or any content is free from viruses or other malware.
    3. Any verification conducted by the Company shall be limited to the capture, by an employee or agent of the Company, of photographs of the property that is the subject matter of a listing or advertisement. The photographs are then listed on the Website and are available for viewing by all persons who visit the specific pages associated with verified listing. Please be aware that the photographs are specific to a particular time and that what you see in them may have subsequently been altered. We do not take any responsibility for the accuracy of the photographs or for keeping the photographs updated. The photographs are intended only as a preliminary visual guide to the wording of the listing and it shall be entirely your responsibility to visit, view and determine the suitability (for your needs) of any property listed on the Website prior to entering into any transaction with respect to the same. We do not accept any responsibility if you enter into
    4. The Website is only a platform for the advertising of opportunities for transactions that two users of the Website may enter into outside of the auspices of the Website or the Services provided by the Company. Any contractual or commercial agreements are agreed to between users alone and neither the Website nor the Company shall be in manner liable or responsible for these commercial arrangements. The Company is not responsible for any breach of any contract concluded by any of the user/s. Your use of the Website and its functionalities shall not act to make the Company your agent in any form or manner. Any disputes between You and any other users are to be resolved between such You and such users only and the Company is not responsible and shall not be required to mediate or resolve any disputes or disagreement between such users. You acknowledge and agree that You cannot and will not enjoin the Company or its affiliates, officers, employees, agents and professional advisors as a party to any such dispute. You expressly release the Company, its affiliates, officers, employees, agents and professional advisors from any cost, damage, liability or other consequence of any of the actions of the users of the Website.
    5. Subject to applicable laws, the Company hereby disclaims all warranties, whether express or implied, in relation to the Website, its contents and functionalities, including but not limited to warranties of merchantability or fitness for a particular purpose. Where applicable laws do not permit the disclaimer of warranties to the extent detailed above, the said warranties are disclaimed to the maximum limit permitted by applicable law.
    6. The Company reserves the right to remove any contents on the Website.
    7. The Website may contain links to third party websites. The Company is not responsible in any manner for the contents of these third party websites and if You should choose to use the link to view the third party websites, You choose to do so at Your own risk. The Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third party websites.
  1. Indemnities

You agree to indemnify and hold harmless, the Company, its officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your use of the Website and its contents, (ii) Your breach of these Terms of Use or (iii) any acts or omission of Your’s in relation to the Website and its use thereof ,including but not limited to postings and any dealings that You have with any other users of the Website.

  1. Limitation of Liability

The aggregate liability of the Company to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, Your access and use of this Website and its contents and functionalities or for any reason related to the operation of the Website, shall not exceed INR 100 (Indian Rupees One Hundred only). In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

  1. Complaints

Should You have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy please report the same to [email protected]

Please provide your name, email address, physical address and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.

  1. General
    1. Termination: The Company reserves the rights to terminate Your access to the Website at any time, in its sole discretion. You acknowledge the Company’s right to do so and waive any claim that You may have arising from such termination. Notwithstanding the termination of access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
    2. Force Majeure: in no event shall the Company be liable for any acts beyond its control or for any acts of god.
    3. Access: The Company does not make any claim that the Website and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.
    4. Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against the Company arising from the Your use of the Website or any other users conduct.
    5. Entire Agreement: Except to the extent set forth in Section 9(f) below, these Terms of Use and the Privacy Policy as amended constitute the entire agreement between You and the Company for the use of the Website and the services provided by the Company. Any modification to these Terms of Use shall only be binding if posted on the Website by the Company.
    6. Additional Agreements: These Terms of Use are supplementary to the terms and conditions set out in any other agreements entered into between You and the Company. Nothing herein is intended to limit or reduce the applicability of the disclaimers and limitations contained in any other agreement entered into between You and the Company for the use of this Website. All disclaimers and limitations in these Terms of Use are in addition to the disclaimers and limitations contained in any other agreement entered into between You and the Company for the use of this Website.
    7. Severability: If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.
    8. Governing Law: these Terms of Use are governed by the laws of India. The courts at Guwahati, India shall have exclusive jurisdiction over any claims or matters arising out of these Terms of Use or in relation to any matter related to operation of the Website.
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