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WEBSITE TERMS OF USE


Last updated on February 02, 2016

These Terms of Use together with the Privacy Policy available at http://www.Propertize.in/privacypolicy, the Terms of Service available at http://www.Propertize.in/info/termsofservice, the other policies of the Website available at www.Propertize.in under "Policy Info" section or elsewhere on the Website, the Service Agent Agreement available at agents.Propertize.in (applicable if You are a service agent of the products on the Website) and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which Users are allowed to access and use the Website and avail the Services.


If Users are accessing the Propertize mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference


The website www.Propertize.in (hereinafter referred to as "Propertize") is owned, hosted and operated by Propertize Realty Services India Private Limited (hereinafter referred to as PRSPL), a company incorporated in India under the Companies Act, 2013 and having its registered office at 53A, 3rd Cross, Haritha Nagar, Trikkakkara, Kochi, Kerala – 682022.


PRSPL is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products/services and to enable buyer to purchase the products/services so offered including use of the Website by any User.


Propertize is an electronic platform in the form of an electronic marketplace and an intermediary that:
a)provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products/Services to other Users (who are buyers / customers), and
b)a platform for such other Users to accept the offer to sell of the Products/Services made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
c)services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
d)such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.


DEFINITIONS


The term 'User' include any person, whether an individual or a legal entity who subscribe to the services of Propertize, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Propertize or chosen by the user or agreed upon by Propertize. Any person who does not have a legal or contractual right to access the services, but does so, will fall within the definition of an 'unauthorised user' and will also be subject to these terms and conditions. The terms 'User' and 'customer' would include both the authorised and unauthorised users. The terms 'service' would mean to include the interactive online information service offered by Propertize on the internet through which the user may access information carried by Propertize in the database maintained by it or such other services as may be offered by PRSPL through Propertize. The terms would include 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 Propertize acting as an agent either express or implied on behalf of any user/customer.


TERMS AND CONDITIONS


Propertize and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING PROPERTIZE, 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 PROPERTIZE.

IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT grievances@Propertize.in

PRSPL may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on Propertize. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of Propertize, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. PRSPL may also suspend the operation of Propertize for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If Users utilize Propertize in a manner inconsistent with these Terms and Conditions, PRSPL may terminate the access, block future access for them and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.


SUBMISSION AND ADMINISTRATION OF LISTINGS


Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Propertize unless the Customer has acquired or 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 Customer's website or on Propertize. The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, PRSPL may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. PRSPL 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, PRSPL may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. PRSPL will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or Propertize. PRSPL shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Propertize and PRSPL 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 Customer will be accurate;

(b) that the Customer will not permit the posting of a property on Propertize 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;

PRSPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on Propertize without notice. PRSPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While PRSPL shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Propertize.

Customers, who are buying/renting property/propreties through Propertize, must verify details of the property/properties as well as its right, title, ownership, lien etc. on their own.


PAYMENT TERMS


Presently, Propertize does not levy any fee for browsing the Website or buying the Products on the Website. Propertize may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. Users hereby agree to pay any such fees, as may be applicable to the Services that they use. Propertize will try to ensure that Users are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by them for any such use of the Website / Service. Users agree that Propertize may, at any time, charge, modify or waive fees required to use the Website. The continued use of the Website / Services by the Users after such change in the fees will be considered to be their acceptance of such changes, and the applicability of these Terms of Use to such changes.
Payments for the services offered by Propertize shall be on a 100% advance basis unless otherwise agreed. The payment for service once subscribed to by the Users will not be refundable and the refund if any will be at the sole discretion of PRSPL. PRSPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds for credit of the funds to Customers’ card/bank accounts and neither gives any guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount paid only.
PRSPL uses standard security measures to ensure that all information in respect of electronic transfer of money does not fall in the wrong hands. The sensitive information submitted in our order forms will be encrypted using secure socket layer technology (SSL). For online transactions involving payments, when a user is directed to a Payment Gateway, PRSPL does not store or keep sensitive data. Since the transaction happens on a third party network not controlled by PRSPL, once an online transaction has been completed, the payment information is not accessible to anyone at PRSPL.
PRSPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.


REFUND IN FAILED TRANSACTIONS


PRSPL offers no guarantees whatsoever for the timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of functions involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Propertize. In case Propertize is used in a manner inconsistent with these Terms and Conditions, PRSPL may terminate User access, restrict future access of the concerned User and seek such additional relief as the circumstances of the misuse may be deemed to be fit and proper.


USE OF INFORMATION


Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to Propertize. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of PRSPL. Propertize does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer 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. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching 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, trade marks and service marks ("Marks") appearing in Propertize are the properties either owned or used under license by PRSPL. All rights accruing from the same, statutory or otherwise, wholly vest with PRSPL. 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.
PRSPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. PRSPL 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 Propertize as a platform to infringe the Intellectual Property Rights of others, PRSPL will be free to terminate this agreement forthwith without any notice to the user.


RESTRICTIONS/ PROHIBITIONS


You hereby expressly agree not to:

(a) Access data not intended for you or log into server or account that you are not authorized to access as per the terms agreed;

(b) Attempt to probe, scan or test the vulnerability of the system or network;

(c) Attempt or breach security or authentication measures without proper authorisation;

(d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Propertize, overloading, flooding, mail bombing or crashing;

(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Propertize except as permitted;

(f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. posted 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 or Website, whether in hard copy or electronic format, including postings to any other Website; or

(g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Propertize or link to Propertize, without our express written consent.

(h) The user shall not utilise the services offered by Propertize in any manner so as to impair the interests and functioning of PRSPL. The user undertakes not to duplicate, download publish, modify and distribute material on Propertize.com unless specifically authorised by PRSPL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Propertize other than the Home Page without obtaining prior consent of PRSPL. PRSPL 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 authorised in writing.

(i) users undertake that the services offered by Propertize shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. PRSPL reserves the right to filter and monitor and block the emails sent by user using the servers maintained by PRSPL to relay emails. All attempts shall be made by PRSPL and the user to abide by International Best Practices in containing and eliminating Spam.

The User / subscriber / visitor to Propertize is prohibited from uploading, posting, transmitting, updating or sharing: any information that :

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

Violations of system or network security may result in civil or criminal liability.


DISCLAIMER AND WARRANTIES


Propertize is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
The content of Propertize.com is provided "AS IS" and on an "AS AVAILABLE" basis, without warranties or representations of any kind, either express or implied.
PRSPL 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, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of Propertize.com.
Views expressed by the Users are their own, PRSPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely the responsibility of the Users to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. PRSPL 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 received by them. PRSPL 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.
Further, nothing contained in this Website should be construed as a recommendation to use any product, process, service, equipment or formulation, in conflict with any patent, or otherwise and PRSPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise. Propertize may provide links to other third-party World Wide Web sites or resources. PRSPL makes no representations whatsoever about any other Web site you may access through Propertize.
Users agree, understand and acknowledge that Propertize is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. Users further agree and acknowledge that Propertize is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Propertize is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Propertize neither recommends You to buy or sell any Products on the Website nor does Propertize endorses any such Products and nor does Snapdeal provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Snapdeal does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
This Website is controlled and operated from India and PRSPL 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.

LIMITATION OF LIABILITY


PRSPL 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.
PRSPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer's data/information. PRSPL 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


PRSPL may, without notice in its sole discretion, and at any time, terminate or restrict User’s access to Propertize (or any part thereof) or its services for any reason, including, without limitation, that PRSPL based on its judgment and perception believes they have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.


INDEMNIFICATION


Submissions and unauthorised use of any information contained on Propertize 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. Users alone are responsible for their actions or the actions of any person using your user name and/or password.
Users hereby agree to defend, indemnify, and hold harmless PRSPL, its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from use of Propertize material or breach of these Terms and Conditions by them.
In the case of an inappropriate use of Propertize or any of its Services, PRSPL might respond in any manner as it may, in its sole discretion deems fit and appropriate. When requested, PRSPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. PRSPL reserves all other rights.


ARBITRATION


If any dispute arises between the User(s) and PRSPL arising out of use of the website or its services, 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 PRSPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Kochi, Kerala, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.


SEVERABILITY OF PROVISIONS


THIS AGREEMENT between the Users and PRSPL governs the use of Propertize and the services offered by PRSPL. 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 PRSPL 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 Propertize as well as these Terms and Conditions.


JURISDICTION


Courts at Kochi, Kerala, India alone shall have the exclusive jurisdiction in all matters relating to Propertize and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to Propertize.