This agreement between you ("you" or "your") and "NEAR ESTATE", a company registered under Indian Partnership Act 1932. with its registered office at Flat No: G1, D Block, Ramky One Marvel, Gajularamaram, Kukatpally, Hyderabad, Telangana 500055 ("NEAR ESTATE" "we," or "our"), governs your use of the search services offered by NEAR ESTATE through its telephone search, SMS, or any other medium using which NEAR ESTATE may provide the search services. When you access or use any of the services, you agree to be bound by these Terms and Conditions ("Terms").
We may periodically change the Terms without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to our website http://www.NearEstate.in/, and any use of NEAR ESTATE's search services after such revisions have been posted on our website are governed by such revised Terms.
You may view, use, copy, and distribute the information found in the telephone search for internal, non-commercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to NEAR ESTATE. You may not use the telephone search to compile a collection of listings, including a competing listing product or service. You may not use the telephone search for any unsolicited commercial calls.
NEAR ESTATE communicates information provided by real estate developers, home owners, land owners, resellers and buyers. While every attempt has been made to ascertain the authenticity of the information available with NEAR ESTATE, it has no control over any information, the accuracy of such information, integrity or quality of such information on our database. NEAR ESTATE makes no guarantee, nor can be held responsible for any such information, including its authenticity, currency, content, quality, or legality, or any resulting loss or damage. Further, NEAR ESTATE is not liable for any kind of damages, losses or action arising directly or indirectly due to any information, including any errors or omissions in any information, access and/or use of the information resulting in loss of revenue, profits, property etc. All information including but not limited to the prices and the availability of land/building/plot/apartment or anything thereof, is subject to change without notice by the party providing the information. You should use discretion while using the information available with NEAR ESTATE.`
NEAR ESTATE reserves the right, in its sole discretion and without any obligation, to correct any errors or omissions with respect to the information. Where appropriate, NEAR ESTATE will endeavor to update information listed in its database on a timely basis, but NEAR ESTATE shall not be liable for any inaccuracies.
Users are permitted to access the information available with NEAR ESTATE and use it for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in NEAR ESTATE's database in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users. NEAR ESTATE also reserves the right to impose/change the regulations related to the access of the information/database, whether in terms of access fee, timings, access restrictions or otherwise. It is the responsibility of users to refer to the terms and conditions each time they use the information/database.
While every attempt has been made to ascertain the authenticity of the information/content in the database, NEAR ESTATE is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the information/content in the database including but not limited to any decisions based on information/content in the database resulting in loss of data, revenue, profits, property etc.
Please remember that any provider of goods or services is entitled to register with NEAR ESTATE. Near Estate does not examine whether the advertisers are good, reputable or quality builders/real estate companies. You must satisfy yourself about all relevant aspects prior to availing of the terms of service. NEAR ESTATE has also not negotiated or discussed any terms of engagement with any of the advertisers. The same should be done by you. Purchasing of land/plot/apartment or availing of services from advertisers shall be at your own risk.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any information, services, or other promotions, contained in the database. Any use of the NEAR ESTATE's services, reliance upon any information from its database shall be at your sole risk. NEAR ESTATE disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information with Near Estate.
You agree to indemnify us and hold us harmless from and with respect to any claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices.
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to the jurisdiction of Courts in Hyderabad, India. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and NEAR ESTATE. NEAR ESTATE reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, and traffic information. NEAR ESTATE reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Notices: All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: NEAR ESTATE, Flat No: G1, D Block, Ramky One Marvel, Gajularamaram, Kukatpally, Hyderabad, Telangana 500055.
Force Majeure: In no event shall we have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. Your payment obligations shall continue during any event of force majeure.
Telephone Conversations: All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation.
Arbitration: Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. a) All proceedings shall be conducted in English language. b) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall be in Hyderabad, India.
Entire Agreement: These Terms constitutes the entire agreement between you and us with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, these Terms may not be modified except by writing signed by you and us; provided, however, we may change these Terms from time to time, and such revised terms and conditions shall be effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Website.
Collection: Information posted on NEAR ESTATE is obviously publicly available. Our servers are located in USA. Therefore, if you choose to provide us with personal information, you are consenting to the
transfer and storage of that information on our servers. We collect and store the following personal information:
• email address, Mobile number, physical contact information, and (depending on the service used) sometimes financial information;
• Computer sign-on data, statistics on page views, traffic to and from NEAR ESTATE and Ad data (all through cookies – you can take steps to disable the cookies on your browser although this is likely to affect your ability to use the site);
• Other information, including users IP address and standard web log information.
Use: We use users' personal information to:
• provide our services;
• resolve disputes, collect fees, and troubleshoot problems;
• encourage safe trading and enforce our policies;
• customize users' experience, measure interest in our services, and inform users about services and updates;
• communicate marketing and promotional offers to you;
• Do other things for users as described when we collect the information.
• All information contained by NEAR ESTATE is treated as strictly confidential and NEAR ESTATE does not and will not disclose or share such confidential information to / with any external organization.
• The users’ privacy is very important to us. We do not and shall not at any point in time, either sell or rent users’ personal information to third parties without users’ explicit consent.
• We may be required from time to time to disclose users’ personal information to Governmental or law enforcing agencies or our regulators, but we will only do so under proper authority.
• NEAR ESTATE also reserves the right to make use of the personal information in any investigation or judicial process relating to fraud on account of such transactions during the period NEAR ESTATE retains such information.
• We may also disclose personal information to enforce our policies, respond to claims that a posting or other content violates other’s rights, or protects anyone’s rights, property or safety.
• We may also share personal information with:
- Corporate affiliates who help detect or prevent potentially illegal acts and provide joint services (Our corporate affiliates will market only to users who ask them to).
- Service providers who help with our business operations.
• Google's use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.
• Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings.
Using Information from NEAR ESTATE: You may use personal information gathered from NEAR ESTATE only to follow up with another user about a specific posting, not to send spam/phising or collect personal information from someone who hasn't agreed to that.
Access, Modification, and Deletion: You can see, modify or erase your personal information by reviewing your posting or account status page. Contact customer support at email@example.com to review any personal information we store that is not available on NEAR ESTATE. There may be a charge associated with such requests but these will not exceed the amounts permitted by law. We delete personal information when we no longer need it for the purposes we described earlier. We retain personal information as permitted by law to resolve disputes, enforce our policies; and prevent bad guys from coming back.
Data Security: We use a number of mechanisms (encryption, passwords, and physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or disclosure.
General: We may update, upgrade, modify (partially &/or fully) this policy at any time, with updates taking effect when you next post or after 30 days, whichever is sooner. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this policy will continue to apply. Send questions about this policy to firstname.lastname@example.org