Terms & conditions
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING linklisters.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 linklisters.com. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE GO ON THE WEBSITE linklisters.com / AND CLICK ON THE CONTACT US PAGE TO SUBMIT YOUR QUERIES.
This Website is an online portal that allows users to list properties for either sale or rent, search, book a visit, register interest on properties and create a standard rental agreement. LinkListers provides You with access to a variety of services, including but not limited to Website and all the products and services available through our Website (hereinafter collectively referred to as "Services").
LinkListers Infotech Private Limited may without any prior notice or intimation 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 linklisters.com. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of [linklisters.com], shall be considered your deemed approval and a conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. LinkListers Infotech Private Limited may also suspend the operation of [linklisters.com] for support or technical upgradation, maintenance work, in order to update the content or for any other reason, without notifying the users.
If you utilize [linklisters.com] in a manner inconsistent with these terms and conditions, LinkListers Infotech Private Limited 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.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of [linklisters.com].
I. Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below: Words referring to masculine include the feminine and the Singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
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AGREEMENT
"Agreement" shall mean and include the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between the Website and the User in relation to the Services. It shall be deemed to have been executed at New Delhi.
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AGE CONSENT
These terms of use (Terms) constitute a legally binding agreement between You and LinkListers Infotech Private Limited (the "Company") regarding your use of the website i.e. www. linklisters.com or any other doimain (the "Website") and any services interested by the Company including but not limited to delivery of content via the Site/App, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions.
While Users under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & under the guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number. -
USER
"User" or "You" means any person who accesses or avails the services of this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company and includes the proposed owner, seller, buyer lessor, lessee or attorney of the immovable property proposed to be transacted on the [linklisters.com]. User can be either an individual or a corporate subscriber for the Services, and the signatory whose particulars are contained in the application form which includes his successors and permitted assignees.
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APPLICABLE LAW
“Applicable Law” means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
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COMMENCEMENT OF SERVICES
“Commencement of Services” means the Services shall be deemed to have commenced on the Date of Commencement of Service.
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COMPANY
"Company/Linklisters/Linklisters.com/Linklisters.in": Is defined as LinkListers Infotech Private Limited, an existing Company under the Companies Act, 1956 and having its corporate office at [ENTER ADDRESS] along with its unit for the Company's website linklisters.com
- The terms “Party” & “Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
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PERSONAL INFORMATION
"Personal Information" Personal Information means any information that relates to or identifies You and may include first name, maiden name, last name, ID; phone numbers; email addresses; birth date, transaction details and ids or credit/debit card details for transaction purposes.
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WEBSITE
"Website" means the Company’s internet website www.linklisters.com, www.linklisters.in .
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REGISTER INTEREST
“Register Interest”: means proposal amount put forward by a party to the other party for the purpose of negotiation. It implies that a party is interested in a particular property and is willing to negotiate and carry on transaction with regard to the same, without having the effect of any legal obligation/binding for the same. They can be withdrawn at any time by either party even after they have accepted the interest so registered by either party. Any losses arising to either party are not the liability of the company.
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BOOK A VISIT
“Book a Visit” means that a Buyer/Renter has the ability to choose a date and time based on the availability of both the users, that is updated to the calendar by the owner, along with added comments (if any), and then submit a request to view the property, and the user can choose a time slot that is available and the owner has the right to accept/reject/counter the appointment.
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SEARCH
“Search” means that a user has the ability to search properties for sale or rent based on his search criteria. If no properties match the User’s search criteria, then no results will be displayed.
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RENTAL AGREEMENT
“Rental Agreement” : It is a standard Rental agreement sample that can be created/edited and this should be reviewed by a lawyer for legal guidance. In under no circumstances shall this agreement be deemed to be used as a draft for any legal purposes, unless otherwise stated by a practicing Lawyer. This sample rental agreement provided on the WEBSITE shall solely be used for reference purposes, and does not indicate any legal usage/obligation whatsoever.
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"My Subscriptions": Contains time to time information and description of the Services for the User provided by the Company or contained in the website linklisters.com.
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"RERA": shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended from time to time, read with any rules or regulations that might be framed thereunder.
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"Owner Profile Examined": shall mean that the Company has collected an Identity document of the User/Owner. However, under no circumstances shall the Company be liable for any discrepancy in the same, and the Company undertakes no liability of the authentication of the details whatsoever.
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"Property Profile Examined": shall mean that the Company has collected the electricity or water bill of the property containing the address of the Property or any other collateral document. However, under no circumstances shall the Company be liable for any discrepancy in the same, and the Company undertakes no liability of the authentication of the details whatsoever.
- "Services": Means the Services to be provided by the Company to the User of linklisters.com and shall include the provision of following facilities:
- Service to the Users willing to post their profile or listing for the purpose of sale/rental of their property.
- Service to the Users who wishes to secure a property through linklisters.com and its Internet links.
II. Commencement of Service
- The Service shall be deemed to have commenced on the Date of Commencement of service.
III. Subscription Fees
- The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the "My Subscriptions" page or as may be prescribed by the Company from time to time.
- Liability for the Subscription Fees shall accrue from the date of Subscribing to the paid services of the Website.
IV. Payment
- Where the subscription fees accrues, it shall be payable at the time of signing up to a particular subscription plan by the User, and only after payment of such subscription plan the User shall be able to exercise and enjoy the services so subscribed to.
- The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company's deciding the dispute in the User's favour, the Company shall refund to the User any excess amount paid by the User free of interest.
- The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company's deciding the dispute in the User's favour, the Company shall refund to the User any excess amount paid by the User free of interest.
- The Subscription Fee shall be paid by the User via online mode at the time of signing up for a selected Subscription Plan/Service. The Subscription plan shall have an option of auto-renewal and the User may renew the plan quarterly or annually, as per the mentioned schedule in the plan. Upon successfully subscribing to the plan, the Company shall share the details of such subscription plan with the User upon payment of the Fee on the registered email address of the User.
- Non-Payment/Failure in payment of the Subscription Fees shall amount to non-activation of the plan until the payment has been received by the Company. The User shall not be entitled to avail the services of the subscription plan until the payment has been made successfully towards the Company.
V. Cancellation
- Linklisters.com reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
VI. Obligations of User/Subscriber
- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- The User agrees that any data entered into herein including identification documents and any documents or information pertaining to the property may be collected by the Company, which the Company may examine for further processing.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the linklisters.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any unauthorized use of the User's account or any other breach of security known to the User.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- Linklisters.com in its sole discretion shall reserve the right to edit, modify and alter the content.
- LinkListers Infotech Private Limited does not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). The Company however, shall endeavor to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within a reasonable time after receipt of such complaint. All complaint should be addresses by email at [email protected] .
- "User of the website agrees to indemnify and keep LinkListers Infotech Private Limited indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party".
VII. REGISTER INTEREST
The User may make a proposal to another User (seller/lessor), registering his interest in the selected property. By registering interest in the property, the said User may propose an amount they’re willing to negotiate on with the other User (seller/lessor). However, under no circumstances will this interest be deemed as a legal interest whatsoever. Register Interest does not imply any legal implication on the parties as well as on the Company; and such an interest shall have no legal obligation/binding.
- [ linklisters.com] shall not be responsible for user re-registering interest in the property to User (seller/lessor) even after the User (seller/lessor) declines the previous registered interest in the property by the same user. The website allows a user to make multiple interests on a property that may have been previously declined by the seller/lessor and will show as a New Interest which may or may not have the same proposal details that were previously registered.
- [ linklisters.com] shall not be responsible for any direct or indirect loss or damage caused to any party due to cancellation of interest. The parties shall make the proposal on their sole discretion/responsibility and [linklisters.com] has no Liability/obligation to bear/reimburse/compensate for any loss occurred due to such cancellation whatsoever.
- The Users shall not use the Service for any unlawful purpose including without limitation criminal purposes. The parties shall meet each other at their own risk. You agree and acknowledge that the [linklisters.com] shall not be responsible for any act of the parties which causes the other party any material damage or occurrence of any criminal act/mischief/fraud. [linklisters.com] is only a platform for the parties to interact, make proposals or to negotiate on their sole discretions and responsibility. [linklisters.com] does not take any responsibility of the parties during such transactions.
- If there is a dispute between participants on the Platform, or between Users and any third party, you understand and agree that [linklisters.com] will not be a part of any dispute between the parties and is under no obligation to become involved in such dispute.
- In the event that you have a dispute with one or more other Users, you hereby release [linklisters.com], its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
VIII. BOOK A VISIT CLAUSE
Under this option, the User (proposed buyer/lessee) can book an appointment with the owner to visit the property. Such Buyer/lessee has the ability to choose a date and time, based on the availability that is updated to the calendar by the owner, and then he can choose a time slot which will show as available. He can also add comments and submit an appointment to view the property. The owner has the right to accept, decline and reschedule based on his availability.
- [linklisters.com] shows all time slots as available if the Seller/ lessor does not select their time preference or totally deactivates the Book a Visit option. The website shall not be responsible for receiving book a visit requests from the User (buyer/lessee) from 9.00AM to 9.00PM MON- SUN which are the default time slots on the website and the seller/lessor is not obligated to show the property when Book a Visit request is made. He has the option to accept, decline or counter Book a Visit request with a mutually convenient time slot with the user. The user Seller/ Lessor can at any time go and make changes to his Calendar and select time slots that are as per his choice.
- [linklisters.com] shall not be responsible for any direct or indirect loss or damage caused to any party due to cancellation. The parties shall book the visits on their sole discretion/responsibility and [linklisters.com] has no Liability/obligation to bear/reimburse/compensate for any loss occurred due to such cancellation whatsoever.
- The Users shall not use the Service for any unlawful purpose including without limitation criminal purposes. The parties shall meet each other at their own risk. You agree and acknowledge that the [linklisters.com] shall not be responsible for any act of the parties which causes the other party any material damage or occurrence of any criminal act/mischief/fraud. It shall be the sole responsibility and liability of the parties to act with due care and diligence while performing such visits/interactions/meetings. [linklisters.com] is only a platform for the parties to arrange a meeting/fix an appointment and book a visit. [linklisters.com] does not take any responsibility of the parties during such transactions.
- If there is a dispute between participants on the Platform, or between Users and any third party, you understand and agree that [linklisters.com] will not be a part of any dispute between the parties and is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other Users, you hereby release [linklisters.com], its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
VII. PROHIBITED ACTIONS
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service
- The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on linklisters.com except such data and information which is posted by the particular User himself.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message on the Website, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited if they persistently send messages or make postings on linklisters.com to any other User or third party who access linklisters.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to linklisters.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc.
- The User Data shall be deemed to be the property of linklisters.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other than as necessary to complete any transactions in which you are involved.
- The User shall not violate, or attempt to violate the security of linklisters.com and/or any web sites linked to linklisters.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or linklisters.com network system.
- In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to linklisters.com the Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
- The Users shall avail the Service on linklisters.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
- Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the linklisters.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through linklisters.com site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
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You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company's Services/Site/computer resource, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
VIII. Confidentiality & Security
- To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquires no rights to any number or/and the user identification or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and via email and concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company. After such notice of theft, the company shall deactivate the account of the User within a reasonable time period to avoid any loss of information or damage to the Website.
- The password and username being made available to the customer shall be used only by the individual or organization named by the customer and the designated nominees of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from linklisters.com database without prior consent from LinkListers Infotech Private Limited in writing.
IX. Maintenance
- The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to linklisters.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
X. Termination
- Either party to this agreement may terminate this Agreement by giving prior notice of 60 days in writing via email.
- After receiving the notice of termination of this Agreement, the Company shall deactivate account within a reasonable time period.
- It shall be on the discretion of the Company that the period of notice of 60 days may be waived or a shorter period of notice may be accepted in writing from the User.
- However, the Company irrespective of clause 1 and 3 above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever.
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- if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
- if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and,
- if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.
- If in the opinion of the company, the User has used wrong/outdated/false information to fish for buyers/clients or to get any leads in this regard. The User shall not misrepresent himself or provide wrong information to gain from the website by wrongful means.
XI. Liabilities upon Termination
- If the Agreement is terminated pursuant to clauses set out in X above, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination.
XII. Suspension of Service
- If any monies payable by the User to the Company are not paid on the due date (renewal), the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
- When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.
- Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
XIII. REAL ESTATE REGULATORY AUTHORITY
- [linklisters.com] recommends that the Users periodically visit the concerned RERA website for updates and information in relation to any property listed on the Site, prior to finalizing any deal or transaction.
- [linklisters.com] does not endorse or advertise any property listed on the Site and it shall not be held liable for listing any property on its Site where such property is in violation of the rules made under RERA of the concerned state. Further, it shall not be deemed by the Users that [linklisters.com] has any connection or relation with the parties listing their properties on the Site.
For the purposes of this Agreement and Services related thereto, it shall be deemed that the Users are aware about the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India.
XIV. Violation of Terms & Conditions
- If the linklisters.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, linklisters.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. Linklisters.com could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc. of the land. Linklisters.com will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If linklisters.com believes in its sole discretion that any advertisement or/and services may create liability for linklisters.com, linklisters.com may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, linklisters.com reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
XV. DISCLAIMER
Disclaimer of Warranties: The User shall agree that use of the services is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Linklisters.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- The Company/linklisters.com makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does linklisters.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing via email.
- The Company/[linklisters.com] makes no warranty of any personal data collected or examined by the Company of the User or the Property. The Company shall not be liable for authenticity of any information whatsoever.
- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or linklisters.com.
- Linklisters.com will not be liable for any time difference arising between a message released through a gateway/ server (provided to linklisters.com) and such message finally reaching the End User from the concerned service provider.
- The Company shall not be liable for any disclosure of information concerning the User's account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition The Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently.
- In case the there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
- All information are accepted in good faith and linklisters.com accept no responsibility whatsoever regarding the bonafide of the user and any such information provided by the user on the Website.
- The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
- The Company does not warrant that linklisters.com or any of the web sites linked to linklisters.com be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.
- It is not the Company's policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through linklisters.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party's rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or linklisters.com and/or the internet.
- Linklisters.com is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretenses and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings interested to other Users, nor does linklisters.com screen or/and censor or/and otherwise control the Users of its service. Linklisters.com cannot and does not control the behaviour of the participants on this site. The Company cannot control whether or not Users of linklisters.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Linklisters.com does not accept or/and assume responsibility for the content or/and context of the user comment.
- If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that linklisters.com has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of any/every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the company or/and their officers or/and employees or/and agents or/and successors.
- The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
- No advice or or/any information, whether oral or/and written, obtained by the User from linklisters.com or/and through or/and from the service shall create any warranty not expressly stated herein.
- In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Buyer/Renter/User to arrange for such site visits. The Company/linklisters.com shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Seller/Owner/ User in this regard.
- The website's total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company's website or subject to the condition that the claim for such is filed by the user not later than 48 hours-7 days from the incident giving rise to the relevant claim.
- This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom Linklisters.com shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. Linklisters.com will not be responsible for any claims arising out of the use of any information displayed herein.
XVI. Limitation of Liability
- User agrees that neither linklisters.com nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute services or resulting from any data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if linklisters.com has been advised of the possibility of such damages.
- User further agrees that linklisters.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that linklisters.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to linklisters.com, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non-fulfillment of the service/s on linklisters.com or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc. against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules, etc.
- LinkListers Infotech Private Limited shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
- LinkListers Infotech Private Limited shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the LinkListers Infotech Private Limited mobile application on your mobile phone.
XVII. Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
- Use for the company's own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
- Retain all data or/and information supplied by the User while using the Service to remain at linklisters.com for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company's property, records and databases as the exclusive property of the Company, for all times to come.
- "By entering mobile number on linklisters.com while registering for an account or receiving alerts, contacting a property seller/buyer, user gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with linklisters.com."
XVIII. Indemnity
User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company's use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User's use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User's representations and warranties mad e in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim.
The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of linklisters.com or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnifier (Company).
XIX. Intellectual Property Rights
The contents of the Website are protected by the Intellectual Property Laws of India including without limitation to Trademark and Copyright Laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website are prohibited. The logos, service marks and trademarks displayed on the Website are the property of Linklisters.com. The User may use this material and shall not copy, transmit or create derivative works of such material without express authorization from the Website. The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of Linklisters.com of such right. Any copyrighted or other proprietary content distributed with the consent of Linklisters.com must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from Linklisters.com.
XX. Confidentiality
- For the purpose of this Agreement and attachments thereto and all renewals, " Confidential Information " means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the " Disclosing Party " herein the Company ) or any other members of the Disclosing Party's group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise com e into the possession of the other (the " Receiving Party ", herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
- The User shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the User's Associates, if required and upon prior permission in writing from the Company. The User agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the User.
- Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
- The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
- All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions" clause, release any such data and information to any third party without the prior consent of the User.
- The User has access to only his own data and information stored in the database at linklisters.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
- All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
- In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
Data Protection
- Linklisters.com does not accept any responsibility towards the data entered in our Website. The User who has entered the data is fully responsible for any wrong data entered and be liable for all action taken by third party (whether civil/criminal). The Company however, shall endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within a reasonable time after receipt of such complaint. All complaint should be addresses by email at [email protected].
- The Personal Information collected for the purpose of availing the Services is protected under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (hereinafter known as “SPDI Rules”) and are in compliance with the “Digital Personal Data Protection Act, 2023”.
- Linklisters.com collects information relating to your preferences and location to trace best possible options for you to select your desired property/properties. The collected information will be used only for improving the quality of the Services and to build new services. The Website allows Linklisters.com to have access to Users’ personal email or phone numbers, for the purpose of communication and analytics.
XXI. Variation
- The right to amend, vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company. This Agreement will be periodically updated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at linklisters.com. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
XXII. Discontinuation or Modification to Services
- Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at any time without notice to the User.
- There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
XXIII. Notices
All notices shall be sent to the Company to such email address as provided in writing for such notice purposes; provided, all legal notices shall be sent to the attention of the Company's Legal Department on the email address provided, and all other correspondence shall be sent to the attention of the account manager specified by the Company on the website (if any). All notices from the Company including notice of change to these Terms & Conditions or other matters related to linklisters.com will be done by displaying notices to Users on the service/website.
XXIV. GRIEVANCE REDRESSAL
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below through email signed with the electronic signature to [email protected] or Mr. grievance ("Grievance Officer").
Mr. ______grievance (Grievance Officer)
We request you to please provide the following information in your complaint:-
- A physical or electronic signature of a person authorized for the purposes of the complaint
- Identification of the work/listing claimed to have been infringed.
- Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
- The address, telephone number or e-mail address of the complaining party
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the owner, its agent or the law.
- A statement that the information in the notice of infringement is accurate, and that the complaining party is the owner or is authorized to act on behalf of the owner of the right that is allegedly infringed.
XXV. Non-exclusive Remedy
- Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
XXVI. Waiver
- The failure of linklisters.com to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
XXVII. Entire Agreement
- This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
XXVIII. Governing Law and Jurisdiction
- It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between linklisters.com and any User of the Service.
- The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 7 days after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from the user is in good faith and is bona fide. The information is believed to be true/ correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of [linklisters.com] is governed by the laws of India and the User and [linklisters.com] hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions.
- That in case any dispute arises between the User and Linklisters.com, it shall be governed by the Arbitration and Conciliation Act, 1996.
XXIX. Acknowledgment and Acceptance of Terms and Conditions
- The terms and conditions appearing here above consists of the entire agreement between the Party/User (as defined above ) and the Company (as defined above ) and replaces all previous arrangements/schedules between the parties regarding the subject matter contained herein above. By completing the registration process and/or checking the "I have read and accept the Terms of Use" box, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions of the Company as appearing hereinabove.
It is our constant endeavor to make [linklisters.com.] an enjoyable and effective experience for all our users. If you observe material or behavior that may violate the Terms & Conditions, please write to us. This will go a long way in enhancing our service!