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Terms & Conditions

The website, www.BrokerGayab.com, (hereinafter referred to as "BrokerGayab.com") is owned, hosted and maintained by Blue Banyan InfoMedia Services LLP, a company incorporated in India under the Limited Liability Partnership Act, 2008. The company is registered at C-2, First Floor, Kalkaji,  New Delhi -110019, India.

 

DEFINITIONS

 

The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of BrokerGayab.com, 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 BrokerGayab.com or chosen by the user or agreed upon by BrokerGayab.com. It is made absolutely clear that only the authorised user has the right to access the services offered by BrokerGayab.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 'unauthorised 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.

 

The terms 'User' and 'customer' would include both the authorised and unauthorised user(s)


The terms 'service' or 'services' refer to the interactive online information service offered by BrokerGayab.com on the internet through which a user may access information hosted on BrokerGayab.com. The terms encompass 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 BrokerGayab.com acting as an agent either express or implied on behalf of any user/customer

 

TERMS & CONDITIONS

 

BrokerGayab.com and/or any other website(s) linked to it are online information and communications services offered to you, subject to your compliance and agreement with terms and conditions set forth below.

 

PLEASE READ TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING BROKERGAYAB.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 BROKERGAYAB.COM. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (legal@BrokerGayab.com)

 

 

 

BrokerGayab.com 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 BrokerGayab.com. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of BrokerGayab.com, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. BrokerGayab.com may also suspend the operation of BrokerGayab.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

 

If you utilize BrokerGayab.com in a manner inconsistent with these Terms and Conditions, BrokerGayab.com 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.

 

Real estate brokers or agents that provide property identification and other services to clients are not allowed to register and use the services available on BrokerGayab.com, and are considered as “unauthorized” users. All users on BrokerGayab.com need to confirm that they are not real estate brokers or agents that charge brokerage for their services. Once confirmed by a user, BrokerGayab.com will assume that the information provided by a user is accurate. If found, that any user is indeed a real estate broker or agent, BrokerGayab.com has complete authority to blacklist the user, and cancel his/her account with immediate effect. All payments made by such users will be impounded, and may not be refundable.

 

 

SUBMISSION AND ADMINISTRATION OF LISTINGS

 

 

 

Customer/user agrees not to submit any property descriptions, photographs, pricing details, contact or other information contained in each Property's data to BrokerGayab.com unless the Customer/user has acquired 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 BrokerGayab.com. 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, BrokerGayab.com 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. BrokerGayab.com 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, BrokerGayab.com 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. BrokerGayab.com 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 the BrokerGayab.com website. BrokerGayab.com shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on BrokerGayab.com and BrokerGayab.com 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 BrokerGayab.com under a name of a real estate agent authorized and engaged by the owner of the property, and all listings should be in owner’s name;

 

BrokerGayab.com 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 BrokerGayab.com without notice. BrokerGayab.com accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While BrokerGayab.com 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 BrokerGayab.com.

 

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


PAYMENT TERMS

 

BrokerGayab.com does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. BrokerGayab.com uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.

 

BrokerGayab.com 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 OF FAILED TRANSACTIONS

 

Though BrokerGayab.com payment reconciliation team works on a 24 x 7 basis, BrokerGayab.com offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations 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 BrokerGayab.com.

 

If you utilize BrokerGayab.com in a manner inconsistent with these Terms and Conditions, BrokerGayab.com 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

 

Customer agrees to treat all information obtained from the Service, including listings, and any information otherwise made available to Customer in the Service ("Content") as proprietary to BrokerGayab.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of BrokerGayab.com. BrokerGayab.com 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, trademarks and service marks ("Marks") appearing in BrokerGayab.com are the properties either owned or used under license by BrokerGayab.com and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with BrokerGayab.com / 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.

 

BrokerGayab.com respects the Intellectual Property Rights of all entities and individuals; it has and will continue to adhere to all the laws applicable in India in this respect. BrokerGayab.com 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 user/users are found to be using BrokerGayab.com as a platform to infringe the Intellectual Property Rights of others, BrokerGayab.com will be free to terminate this agreement forthwith without any notice to the user.

 

RESTRICTIONS/PROHIBITIONS

 

You hereby expressly agree not to:

 

  • Access data not intended for you or log into server or account that you are not authorized to access;
     
  • Attempt to probe, scan or test the vulnerability of a system or network;
     
  • Attempt or breach security or authentication measures without proper authorization;
     
  • 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 BrokerGayab.com, overloading, Flooding, mail bombing or crashing;
     
  • Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in BrokerGayab.com except as permitted;
     
  • Copy and distribute this 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 or Website, whether in hard copy or electronic format, including postings to any other Website; or
     
  • Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from BrokerGayab.com or link to BrokerGayab.com, without our express written consent.
     
  • The user shall not utilise the services offered by BrokerGayab.com in any manner so as to impair the interests and functioning of BrokerGayab.com/BrokerGayab.com. The user undertakes not to duplicate, download publish, modify and distribute material on BrokerGayab.com.com unless specifically authorised by BrokerGayab.com in this regard. The user undertakes not to establish any deep link or other connection to any specific page of BrokerGayab.com other than the Home Page without obtaining prior consent of BrokerGayab.com. BrokerGayab.com 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
     
  • Users undertake that the services offered by BrokerGayab.com 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. BrokerGayab.com reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by BrokerGayab.com to relay emails. All attempts shall be made by BrokerGayab.com 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 

 

BrokerGayab.com may provide links to other third-party World Wide Web sites or resources. BrokerGayab.com makes no representations whatsoever about any other Web site you may access through this Website (BrokerGayab.com).

 

 

DISCLAIMERS AND WARRANTIES 

 

 

THE CONTENT OF BROKERGAYAB.COM IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

BROKERGAYAB.COM 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 BROKERGAYAB.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. BrokerGayab.com 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. BrokerGayab.com 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 BrokerGayab.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 BrokerGayab.com 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 BrokerGayab.com 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

 

BrokerGayab.com 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.