TERMS AND CONDITIONS
DeVastu 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 DeVastu, 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 DeVastu. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( legal@DeVastu.com )
DPLLP 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 DeVastu. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of DeVastu, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. DPLLP may also suspend the operation of DeVastu for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize DeVastu in a manner inconsistent with these terms and conditions, DPLLP 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.
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of DeVastu (whether on a paid or free basis), and to whom the access to DeVastu is restricted by the use of a sign in user name and a password. The user name and password are either allotted by DeVastu or chosen by the Subscriber or agreed upon by DeVastu. It is made abundantly clear that only the authorized User has the right to access the Services so offered by DeVastu.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by DeVastu, without the need or a requirement to create an account i.e. visits non-restricted portions of DeVastu.
The use and access to DeVastu shall be subject to these terms and conditions and community guidelines. 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 ‘unauthorized user’ and will nevertheless be subject to the terms and conditions regulating the usage of DeVastu, and expressly so with respect to respecting the intellectual property rights of the DPLLP, and abiding by terms and conditions below mentioned.
The terms ‘User’ and ‘Customer’ would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)
The terms ‘Service’ or ‘Services’ would mean to include the interactive online information service offered by DeVastu on the internet through which the user may access information carried by DeVastu in the database maintained by it. The terms would also include to mean 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. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to DeVastu acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535) as amended read with any rules or regulations that might be framed thereunder.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to DeVastu unless the User submitting such a Listing/Advertisement has acquired and 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 User’s website or on DeVastu. Similarly, DeVastu does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by 99acre & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings.Some listings may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by DeVastu or the providers of the video content as to its accuracy or completeness. In case a User is covered under the RERDA, it shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing. The User shall disclose all material information as required by LMA and in respect of their registrations under RERDA and 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 User shall disclose all material factual information as regarding the property being advertised, its correct dimensions as also in respect of their registrations under RERDA and 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 User in addition shall furnish a brief background of such property in respect of title, ownership and possession, DPLLP may also require the User 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 User 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. DPLLP 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, DPLLP may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. DPLLP will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User 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 User’s website or the DeVastu website. DPLLP shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on DeVastu and DPLLP shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
(a) to represent and warrant that all Properties and associated information provided by the User will be accurate;
(b) that the User will not permit the posting of a property on DeVastu 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;
DPLLP shall place the information relating to properties at defined sections of DeVastu or such other mirror or parallel site(s). DPLLP reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User’s website or on DeVastu without notice. DPLLP accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While DPLLP shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to DeVastu.
Users, who are buying/renting property/properties through DeVastu, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on DeVastu merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.
(a) Payments for the Services offered by DeVastu shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of DEVASTU PROPTECH LLP (India) Limited. DPLLP offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that DPLLP/DeVastu.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to DPLLP under any other agreement or commercial relationship towards other products/services. DEVASTU PROPTECH LLP gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. DEVASTU PROPTECH LLP. undertakes no liability for free Services. DEVASTU PROPTECH LLP. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
(b) DEVASTU PROPTECH LLP (India) Limited 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. For completing online transactions involving payments a user is directed to a Payment Gateway, DEVASTU PROPTECH LLP India Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by DEVASTU PROPTECH LLP India Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at DEVASTU PROPTECH LLP (India) Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
(c) DEVASTU PROPTECH LLP India Limited 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
Though DPLLP payment reconciliation team works on a 24 x 7 basis, DPLLP offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers 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 DeVastu.
If you utilize DeVastu in a manner inconsistent with these terms and conditions, DPLLP 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.
RENTAL PROPERTY SERVICES TERMS
The Rental Property Services shall not be used for any purpose other than payment of or charging rent or for preparing and registering rental agreement and User not transmit any information received through the Rental Property Services to third parties. All responsibility for information furnished and its accuracy shall reside upon the User, and the User shall be liable for any liability incurred and shall hold DeVastu or its affiliates and employees harmless against any claim or action by any person/financial institution/regulatory bodies. By utilizing this serviceUser agrees that DeVastu may share the information provided to third parties for processing on the User’s behalf, as may be required from time to time. User shall not submit any false or fraudulent information through any of the Services offered.
Through DeVastu, Users can choose to make rent payments via an independent payment gateway, and for the purpose of making the payment, the User shall be asked to provide information pertaining to the beneficiary nominated by the landlord to receive the rent (“Lessor/Beneficiary”), the person who is making the said payment (“Lessee/Tenant”), including name, lessor account details, rental amount, address, and other additional information as required from time to time. User confirms that there exists a Lessor and Lessee relationship between the User and the intended beneficiary for which said information is being shared.
By making payment, User provides an authorization to DeVastu to hold, receive and disburse funds in accordance with the User’s payment instructions provided through DeVastu for the purposes of facilitating the transfer of money to the intended beneficiary as specified by the User. In the event the processing of transaction is affected due to incomplete/incorrect details being furnished by the User, DeVastu reserves the right to deduct any applicable service charge, processing fees, or any other fees incurred by it in the processing of this transaction. DeVastu or its affiliates and employees shall not be responsible for any incorrect/unintended transaction, in any form or manner. DeVastu may, depending on the security or financial risk associated with the transaction, delay, suspend or reject a transaction.
The amount of a transaction may be charged back (hereinafter referred as “Chargeback”) if the transaction is disputed, reversed or not authorized, is unlawful or not in accordance with these terms (e.g. the holder of the payment instrument used for initiating the transaction raises a dispute). In case of a Chargeback, User shall immediately pay any amount owed, including additional fines or penalties levied in this regard by the payment gateway or issuer. User agrees to provide complete assistance in the event of any investigation in this regard.
By accepting these terms, the User and the property owner shall consent to provide any personal information that is uploaded by the User shall be so uploaded only after obtaining the requisite consents from the owner(s) of the personal information for such use. The User shall be solely liable in this regard and for ensuring its accuracy and completeness, as required for lawful and complete registration of rental agreement in the applicable jurisdictions, along with additional information as and when required.
User agrees by using these Services, to bear all stamp duty charges or any other charges levied that may arise as per applicable law, and shall not hold DeVastu or its affiliates and employees liable for any fines/penalties that may arise due to payment of insufficient charges.
User expressly permits all details shared for verification purposes, to be shared with Verification Partner (for the purposes of these terns, “Verification Partner” shall mean any third party engaged for providing tenant verification services) including contact details for the purpose of availing the services. User is solely responsible for verifying the quality of Tenant Verification services offered by Verification Partner and DeVastu shall not be liable to any party for any Services provided by the Verification Partner. User is responsible for obtaining express consent of the Lessee before sharing personal documents and information with the Verification Partner.
USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (“Content”) as proprietary to DeVastu. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of DeVastu. DeVastu does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User 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. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User 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. Users violating these specific terms, specifically those Users 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 DeVastu are the properties either owned or used under license by DPLLP and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with DPLLP / its associates. The access to DeVastu does not confer upon the User 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.
DPLLP respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. DPLLP 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(s) are found to be using DeVastu as a platform to infringe the Intellectual Property Rights of others, DPLLP will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access DeVastu, DPLLP grants the Users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
- The following actions will inter alia constitute a misuse of DeVastu and are strictly prohibited:
- Utilising the Services offered by DeVastu in any manner so as to impair the interests and functioning of DPLLP/DeVastu and which is non-compliant with laws and regulations including RERDA.
Users are expressly prohibited from using or exploiting DeVastu and/or any content or data provided therein for:
- any commercial purposes such as creating alternate databases, extending access to DeVastu to third parties without prior written consent of the DPLLP; and/or
- undertaking any business activity which is in competition with the business of DPLLP; and/or
- Sharing access with persons who are not contracted with the DPLLP.
- Reselling the products/services offered by the DPLLP.
- (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from DeVastu;
- Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of DeVastu or any of the services or products offered on or through DeVastu which are not intended for you; (b) any server, website, program or computer systems of the DPLLP or any other third parties and/or Users;
- Modifying the services provided through DeVastu or their appearance using any technology or overlay any additional offering on top of such services or simulate DeVastu’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at Product@DeVastu.com
- Accessing DeVastu through interfaces other than those expressly provided by DPLLP;
- Attempting to breach or breaching any security or authentication measures set up by the DPLLP in relation to DeVastu and/or attempting to probe, scan or test the vulnerability of the DPLLP’s system or network;
- Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from DeVastu (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the DPLLP;
- Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
- Circumventing or attempting to circumvent any technological protections used or employed by the DPLLP or by any third party in order to protect the content on DeVastu and/or to exclude robots, spiders etc. from crawling and /or scraping content from DeVastu.
- Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
- Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of DeVastu or any computer networks connected to DeVastu, by any other User;
- Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from DeVastu without explicit consent obtained in writing by approach us at legal@DeVastu.com
- Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
- Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
- Stalking, threatening, or in any manner harassing any other User;
- Imposing an unreasonable or disproportionately large load on DeVastu’ infrastructure;
- Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of DeVastu (or any part thereof) and providing deep links into DeVastu (or any part thereof) without prior permission of DPLLP;
- Spamming DeVastu/DPLLP or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
- Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
- Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
- Belongs to another person and to which you have no right;
- Infringes, breaches or otherwise contravenes the rights of the DPLLP or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
- Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of DeVastu, or any other computer system or resource;
- Is grossly harmful, harassing, invasive of another’s privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
- Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
- That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- That harms minors in any way;
- That threatens the unity, integrity, defense, 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 to any other nation.
You hereby expressly agree not to:
- Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on DeVastu to any other system. No reproduction of any part of DeVastu may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or DeVastu, whether in hard copy or electronic format, including postings to any other DeVastu; or
- Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from DeVastu or link to DeVastu, without our express written consent.
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
DeVastu may provide links to other third-party World Wide Web sites or resources. DPLLP makes no representations whatsoever about any other Web site you may access through DeVastu.
DISCLAIMER AND WARRANTIES
DeVastu is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF DeVastu IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
DPLLP 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 DeVastu.
Views expressed by the Users are their own, DPLLP 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 your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. DPLLP does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
DPLLP offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to DPLLP/DeVastu are solely for the purposes of display of the property advertised.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. DPLLP 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 DPLLP or any of its Affiliates. Further, nothing contained in DeVastu should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and DPLLP makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
DeVastu is controlled and operated from India and DPLLP makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use DeVastu from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
DPLLP offers products, Services, content and various other functionalities through DeVastu and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. DPLLP does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on DeVastu may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that DPLLP intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
DPLLP will not be liable for any damages of any kind arising out of or relating to the use or the inability to use DeVastu, 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.
DPLLP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User’s data/information. DPLLP 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 User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of DPLLP (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon DPLLP.
DPLLP will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to DPLLP to be placed on the website by technical or any other means is not the responsibility of DPLLP and DPLLP does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on DeVastu website or any of its other websites / domains owned and operated by DPLLP.
DPLLP may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to DeVastu (or any part thereof) for any reason, including, without limitation, that DPLLP based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
Submissions and unauthorized use of any information(s)/materials contained on DeVastu 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. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, DPLLP and/ or 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 your use of DeVastu material or your breach of these terms and conditions or any applicable law.
DPLLP will not be party to any legal proceedings between parties contracted through these Services. In case DPLLP is sought to implicated in any legal proceedings, costs will be recovered from the party that names DPLLP as a party to such proceedings. DPLLP shall abide with any court order served on it through due process.
- In addition, by using DeVastu, you agree that DeVastu is not responsible for the content of the Advertiser/seller’s/broker’s/builder’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
- Information you post in public areas of DeVastu sites or applications or make visible in your profile, may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While DeVastu takes measures to safeguard your information from unauthorized access or inappropriate use, DeVastu does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of DeVastu or application or to a public website.
- Additionally, it shall be the sole responsibility of the user to ensure that it uses the ‘Opt-out’ options as it deems fit to debar / refuse access of the data fed by it, to dealers. DEVASTU PROPTECH LLP shall not be responsible for such insertions / data being accessed by its subscribers or users whose access has not been specifically blocked /debarred by the user while using the privacy settings.
Terms of conditions specific for dealers/ builders/ banks/Payment Gateways
- You shall implement adequate technical and organizational controls to protect the shared personal data obtained from DeVastu against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
- You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable the privacy law as applicable) in an expeditious and compliant manner
- You agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared
- You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from DeVastu to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
- You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.
If any dispute arises between a user/users and DPLLP arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by DPLLP. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and DPLLP governs your use of DeVastu. If any provision of these DeVastu 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.
The failure of DPLLP 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.
By accessing DeVastu you agree that the laws prevailing in India shall be the governing laws in all matters relating to DeVastu as well as these terms and conditions.
Courts at New Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to DeVastu and these terms and conditions, irrespective of the territory and jurisdiction of your access to DeVastu.
DPLLP does not routinely monitor your postings to the web site but reserves the right to do so. However, if DPLLP becomes aware of an inappropriate use of DeVastu or any of its Services, DPLLP will respond in any way that, in its sole discretion, DPLLP deems appropriate. You acknowledge that DPLLP will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, DPLLP will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
DPLLP reserves all other rights.
In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints via email at firstname.lastname@example.org
Please report any violations of these terms and conditions to DPLLP at legal@DeVastu.com
Effective from: 15th July 2021