TERMS OF USE
Introduction
1.1. These Terms of Use (“Terms”) constitutes a legally binding agreement between you, the user of the Platform (defined hereinbelow) (“You” or the “User”) and Aalya Technologies Private Limited (the “Company”/ “We”/ or “Us”) regarding the use of the mobile application/ website of www.vREfyd.com (the “Platform”) or the domain thereof and any service offered or deemed to be offered by the Company including but not limited to delivery of content via the Platform, any mobile or internet connected device or otherwise, and the services as set out in Para 4 hereinbelow (collectively referred to as the “Service(s)”).
1.2. Your use of the Platform and Services and tools are governed by the following terms and conditions which are stated herein. By mere use of the Platform, you shall be contracting with the Company, the owner of the Platform. These terms and conditions including the policies referenced herein constitute your binding obligations, with the Company. Therefore, it is imperative that before using the Platform you acquaint yourself and understand the applicability and consequential application of these Terms.
1.3. When You use any of the Services provided by Us through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.
1.4. The Company may amend/modify these Terms at any time, and such modifications shall be effective immediately upon posting of the modified Terms on the Platform. You may review the modified Terms periodically to be aware of such modifications and your continued access or use of the Platform shall be deemed conclusive proof of your acceptance of these Terms, as amended/modified from time to time. The Company reserves the right to suspend the operations for support or technical upgradation, maintenance work, in order to update the content or for any other reason. without intimating any User in advance.
2. Defined Terms
Unless otherwise specified in these Terms, the capitalized words shall have the meanings as defined herein below:
2.1. “Agreement” shall mean and include the completed Application Form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at Bangalore, Karnataka;
2.2. “Application Form” shall mean form to be filed by User at the time of registration on the Platform;
2.3. “Company” shall mean Aalay Technologies Private Limited, an existing Company under the Companies Act, 2013 and having its registered office at 12th Floor C Wing, Mittal Tower, New no 21, Old no 6/47, M.G. Road, Bangalore, Karnataka 560001, India;
2.4. “Date of Commencement” is the date indicating the acceptance of the application by the User to the Services;
2.5. “Date of Termination” is the date of expiry mentioned in the notice or/and the letter of termination and/or the date when the Services are supposed to end;
2.6. “vREfyd.com” is defined as the internet website or mobile application of the Company at www.vREfyd.com; and
2.7. “User” will include everyone who is a subscriber of Services on the Platform, an advertiser of advertisements on the Platform, real estate agents or brokers who are listing properties for sale, persons interested in buying property, and browser/visitor of the Platform, either as an individual or corporate subscriber for the Services, and the signatory whose particulars are contained in the Application Form, along with their successors and permitted assignees. “User” or “You” also includes any person who accesses or avails the Services provided by the Company for the purpose of hosting, publishing, sharing, listing, transacting, viewing, displaying or uploading information or views and includes other persons jointly participating in using the Services provided by the Company.
2.8. Words importing persons includes individuals, bodies corporate and un-incorporated.
3. Term
3.1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect till the User continues to access the Platform and avails the Services.
4. Services
4.1. The Company provides a number of internet-based Services through its Platform which include:
Artificial intelligence assisted property discovery through vREfyd.com and its integrated online platforms, offering a range of property options for sale and purchase;
Advanced property matching based on specific preferences, including precise filtering of features like location, price range, property type, and amenities;
Unrestricted access to real estate listings, with the ability to unlock detailed property information aligned with specific requirements;
Listing properties for sale, with support for related property management services;
Artificial intelligence to enhance property images, ensuring the photos of the property are optimized and presented in the most attractive manner;
Scheduling property visits with automated email reminders and calendar integration, customized to availability and property interests;
Personalized User profiles with the ability to share preferences and saved properties with others as needed, enhancing collaboration and decision-making;
Advertising and promotional campaigns delivered via email and SMS, maximizing property visibility and engagement with potential buyers;
Support through the mortgage and financing process, with expert guidance on securing the financing options tailored to property investment; and
Professional interior design services to help visualize and enhance the aesthetic appeal of the real estate property, tailored to style and budget.
Such other services, as may be required by existing and potential clients of the Company to enhance their real estate investment and transaction experience(s).
4.2. The Services can be purchased through various methods of payments offered. The purchase of Services shall be additionally governed by specific policies of sale, like subscription fees, payment and refund policy, cancellation policy etc.
5. Eligibility
5.1. Accepting the Terms will constitute a legal contract between You and the Company. Consequently, any User who is “incompetent to contract” within the meaning of the applicable laws shall not be eligible to use the Platform. The Company reserves the right to terminate Your account and/or deny access to the Platform if it is brought to the Company’s notice that You are at any point of time deemed legally incompetent to use the Platform.
5.2. You represent that You are competent to contract in terms of the applicable laws and are not disqualified or have not been previously suspended or restricted by the Company from accessing the Platform. You also represent and warrant that You have the legal right, authority and capacity to be bound by the Terms under the provisions of applicable laws.
6. License Subscription Terms and Conditions
6.1. The Company offers a combination of Services which the User may subscribe to, subject to the needs of the User, upon payment of applicable subscription fees.
6.2. Liability for the payment of subscription fees shall accrue from the Date of Commencement.
6.3. In case of any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
6.4. The Company reserves the right to revise the fee of any subscription plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User. The Company shall intimate the User of such revised fees and the User undertakes to pay to the Company the difference in the amount after such revision.
7. Cancellation
7.1. The Company reserves the exclusive right to cancel/ stop any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates as decided by the Company from time to time.
8. Security
8.1. Transactions on the Platform are secure and protected. Any information entered by the User when transacting on the Platform is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company / Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
8.2. To protect the secrecy of 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)).
8.3. Since a User identification is necessary to access the Service, the User shall use only his own User identification.
8.4. It is agreed by the User that he acquires no rights to any mailbox number or/and the User identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise provided 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.
8.5. 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 via telephone or/and concurrently in person provide the Company with a written notice to the same 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.
8.6. The User shall not use any third party software to automatically download or/and extract either a complete or/and partial listing from vREfyd.com database without prior consent from the Company in writing.
8.7. The Company shall in no way be directly, indirectly or remotely liable for any fraudulent transaction or deduction of money from the bank account of any User.
9. Obligations and Representations of the User
9.1. User agrees provide accurate, complete and correct registration data on initial application for the Services.
9.2. The User agrees that any data entered on the Platform will be subject to mandatory verification process by the Company.
9.3. Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Services shall be obtained by the User at his own cost.
9.4. The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Services.
9.5. The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Service(s).
9.6. The User shall be solely responsible for all information retrieved, stored and transmitted by him.
9.7. 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.
9.8. The User shall be responsible for all the activities that occur on his/its display name and password.
9.9. The User agrees to immediately notify the Company of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
9.10. The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.
9.11. The User shall promptly make the payment to the Company towards the subscription fees as and when it becomes payable.
9.12. The User is solely responsible for any data entered by the User on the Platform. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal) with respect to any such information or data provided by the User. The Company however shall, in cases where it is possible for the Company to do so or upon receipt of any complaint or communication in this regard, reasonably endeavour to use the best industry practices, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data from the Platform within a reasonable time after verifying the complaint.
9.13. The User agrees to indemnify and keep the Company 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/it and not to any other third party.
9.14. The User will not use the Platform in any way that is unlawful, or harms the Company or any other person or entity.
9.15. The User will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain virus or other harmful components, or otherwise impair or damage the Platform or any connected networks, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
9.16. The User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform by any means. The User shall not probe, scan or test the vulnerability of the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
9.17. The User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform. The User may not use the Platform or any of its content for any purpose that is unlawful or prohibited by these Terms.
9.18. The User shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force, goods and service tax, income tax, central excise, custom duty, local levies); and (b) international laws, foreign exchange laws, statutes, ordinances and regulations regarding and applicable to the use of the Services. The User shall not engage in any transaction which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
9.19. The User agrees that he shall not host, display, upload, modify, publish, transmit, update or share any information on the Platform, that:
belongs to another person and to which the User does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
10. Prohibited Actions
10.1. The User is restrained from allowing any person other than the authorized person(s) named in the Application Form to use the Service.
10.2. The User undertakes not to resell or assign his/its rights or obligations under these Terms. The User also agrees not to make any unauthorized commercial use of the Services.
10.3. 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.
10.4. The User shall not use the Services for any unlawful and fraudulent purpose.
10.5. The Services shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
10.6. The Users shall avail Services on vREfyd.com or any other related site for lawful purposes alone. The User may use the information on our site only to the extent necessary for availing the Services and to facilitate the related transactions.
10.7. The User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve Our right to bar any such activity.
10.8. User shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, Services related to that being displayed on the Platform or related to Us.
11. Company’s Rights
11.1. 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 the Platform 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 recourse 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.
11.2. In the event that the User breaches these Terms, the Company reserves the unilateral right to suspend or/and deactivate the User's access to the Platform and Services and/or any other related facility. Further, Company at its sole discretion, permanently or temporarily, may blacklist a User. In such cases, the unutilized amount paid towards the Services being the agreed quantum of liquidated damages shall stand forfeited by the Company. In addition to the right to indemnity and damages available to the Company, the Company shall have the right to recourse to any other 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 any violation of these Terms by the User.
11.3. The Company reserves the right, but has no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or the spirit of these Terms. In no event shall the Company assume any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform.
11.4.The Company shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way either on its own or through group/s of people, intentionally or unintentionally involved in hacking.
12. Use of Information
The User hereby agrees and irrevocably authorizes that the Company has the right to:
12.1. All copyright and/or know-how and/or any other related intellectual property rights to the Platform or Services including listings of properties along with details and photographs, details of Users, and any information otherwise made available to User in the Service, shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to vREfyd.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. 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.
12.2. 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.
12.3. Retain all data or/and information supplied by the User while using the Services, all of which shall remain at vREfyd.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 Services to the User herein. Notwithstanding anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Services 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, in perpetuity.
12.4. By entering mobile number on the Platform while registering for an account for receiving alerts, contacting a property, seller/buyer, User gives expressly consent to the Company and its partners/ vendors and sub-partner, sub vendor 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.
12.5. The User further agrees that, in order to satisfy and fulfil the User's property requirement, the Company may share the recording of the aforementioned promotional calls between the User and a company representative with the concerned agents, partners, vendors, and sub-partners. In case User does not want to receive these messages on his/her mobile number, and not agreed any of the terms stipulated herein, he/she shall not submit his/her mobile number with vREfyd.com.
13. Accuracy, Completeness and Timeliness of Information
13.1. The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by You or otherwise. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You agree that the Company does not owe any responsibility or obligation whatsoever towards ensuring the accuracy of the information provided by other members. Any reliance on the material on the Platform is at Your own risk, and You agree not to claim any liability, loss or damages from the Company as a result of your reliance of any material, information or content that is available on the Platform.
13.2. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for the purpose of reference only. The Company reserves the right to modify the contents of the Platform at any time but has no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to the Platform.
13.2. Occasionally there may be information on the Platform that contains typographical errors, inaccuracies, or omissions. The Company reserves the right to correct any such errors, inaccuracies, or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
14. Disclaimers of Warranties and Limitation of Liability
14.1. The Company endeavours to make the Platform available, as far as possible, at all times. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
14.2. The Company does not warrant that the Platform will be compatible with any hardware and software which is used by You.
14.3. The Company does not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable for any particular purpose.
14.4. The Platform is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to You.
14.5. The Company is not responsible and will have no liability for: (a) any content or services provided by any persons or entities other than the Company; (b) damages of any kind that result from the downloading of any data or any other materials on the Platform or through the Platform; or (c) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.
14.6. The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform or Services, or for any other claim related in any way to the use of the Platform or Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or Services or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
14.7. The Company shall not be liable to anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to You or any third party for any decision made or action taken by You.
14.8. The Company offers no guarantee no warrantees that there would be satisfactory response or any response at all, once any listing/banner is put on display.
14.9. Users are strongly advised to independently verify the authenticity of any pre-launch offers received by them. The Company 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.
14.10. Once a listing or banner is displayed on the Platform, We do not guarantee or make warranties that there would be satisfactory response or any response at all.
14.11. Property descriptions and other information provided on the Platform are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy.
14.12. Company will not be liable for any time difference arising between a message released through a gateway/ server (provided to vREfyd.com) and such message finally reaching the User from the concerned service provider.
14.13. The User shall ensure that while using the Services, 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.
14.14. In case a User is desirous of conducting a project site visit of the property he/it is interested in, it shall be the sole liability and duty of the advertiser to arrange for such project site visits. The Company may, at its discretion facilitate such site visit by connecting the broker/agent and the User. The Company 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-fulfilment by the advertiser in this regard.
14.15. 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 may be inserted or/and made available or transmitted to a third party in or through vREfyd.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 artwork, materials and/or information and/or content of any data and/or information and/or 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 vREfyd.com and/or the internet.
14.16. The Company is not involved in any transaction between any parties who are using the Platform. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Platform is a venue only and does not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Company screen or/and censor or/and otherwise control the Users of its service. Company cannot and does not control the behaviour of the participants on this site.
14.17. Company shall not be responsible for the advice, views and suggestions provided by the persons listing on the Platform. 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. vREfyd.com will not be responsible for any claims arising out of the use of any information displayed herein.
14.18. The Company is only an intermediary offering its platform to advertise properties of seller for a customer/buyer/User coming on its Platform and is not and cannot be a party to or privy to or control in any manner any transactions between the seller and the customer/buyer/User. All the offers and discounts on this Platform have been extended by various builder(s)/developer(s) who have advertised their products. vREfyd.com is only communicating the offers and not selling or rendering any of those products or Services. Company is not responsible for any non-performance or breach of any contract entered into between customer/buyer/User and sellers. Company cannot and does not guarantee that the concerned customer/buyer/User and/or sellers will perform any transaction. At no time shall Company hold any right, title or interest over, nor shall Company have any obligations or liabilities in respect of, any such contract entered into between customer/buyer/User and sellers. It neither warrants nor is it making any representations with respect to offer(s) made on the site. Company shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the customer/buyer/User and the Seller and both Seller and customer/buyer/User shall settle all such disputes without involving Company in any manner.
14.19. If there is any dispute between the Users/participants on this Platform, it is agreed upon by the Users/participants that Company 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 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.
14.20. Company has endeavoured to ascertain the requirement of RERA registration. The advertiser of any property or listing is hereby obligated to provide RERA registration number for promoting a RERA registered project in terms of Real Estate (Regulation & Development) Act, 2016. vREfyd.com is a Platform for advertisement and does not vouch for the project or the details provided in the advertisement.
14.21. The Company takes no responsibility/liability whatsoever for shortage or non-fulfilment of the Service/s on Company 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, the User shall not claim any right/damages/ relief, etc. against the Company for “Deficiency of service” under The Consumer Protection Act , 2019 or any other act/rules, etc.
15. Intellectual Property Rights
15.1. All logos, brands, trademarks and Service marks (“Marks”) appearing in vREfyd.com are the properties either owned or used under license by Company or its associates. All rights accruing from the same, statutory or otherwise, shall wholly vest with Company and its associates. The access to vREfyd.com 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.
15.2. The Company respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Company shall protect and respect the Intellectual Property Rights of the Users as well as third parties using reasonable endeavours and to the best of its ability. In a case where a User(s) are found to be using vREfyd.com as a platform to infringe the Intellectual Property Rights of others, Company will be free to terminate the Agreement with such User forthwith without any notice to the User.
15.3. By allowing Users to access vREfyd.com, 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 these Terms and the Agreement.
15.4. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company. Furthermore, with respect to the Site created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
16. Privacy
16.1. All information about You that are collected, stored or transmitted in any way on the Platform, including any registration information, is subject to our Privacy Policy (the “Privacy Policy”), which can be accessed at Privacy Policy.
17. Availability of Services
17.1. The Company reserves the right to change, suspend or discontinue any of its Services upon a reasonable notice to the extent permissible under the applicable law.
17.2. In the event of such change or suspension, the Company is under no obligation whatsoever to store Your data or provide You with a copy of any information that You have provided to the Company or posted on the Platform, except to the extent required by applicable laws and as enumerated in the Privacy Policy.
18. Third Party Links
18.1. Accessing any third-party links which are made available on the Platform by Users, may direct You to third-party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
18.2. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any such third-party links or websites. Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding any third-party should be directed to such third-party. Also refer to the Privacy Policy for further information.
18.3. The Company does not:
Make any warranty, express or implied, with respect to the use of the links provided on, or to, the Platform;
Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to the Platform; or
Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Platform.
18.4. The Company accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any linked website.
18.5. The Platform may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third-party advertising is paid for by the relevant third party advertiser, which you can accept by linking to the third party advertisers and are not recommendations or endorsements by Company. The third-party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party website.
18.6. Company may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, Services or website links (collectively, “Third Party Services”) for your consideration or use, including via the Company App Store. Your purchase, access or use of any such Third Party Services is solely between you and the applicable third-party Services provider (“Third Party Provider”).
18.7. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Users and Third Party Providers.
18.8. Any use by You of Third Party Services offered through the Company's website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Company may, however, offer support services to Third Party Providers in respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Third Party Providers.
18.9. Company neither make any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The availability of Third Party Services on Company's websites or the integration or enabling of such Third Party Services with the Company Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Company.
18.10. Company is neither responsible nor accepts liability for any errors or omissions or non-performance or breach of any contract entered into between Users and Third Party Providers on the Platform. Company cannot and does not guarantee that the concerned Users and/or Third Party Providers will perform any transaction concluded on the Platform. Company is not responsible for unsatisfactory or non-performance of Third Party Services or damages or delays as a result of usage of Third Party Services.
18.11. Company is operating an online advertisement platform and assumes the role of an intermediary, and does not at any point of time during any transaction between User and Third Party Providers on the Platform come into or take possession of any of the products or Services offered by Third Party Providers. At no time shall Company hold any right, title or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between User and Third Party Providers.
18.12. In case of complaints from the User pertaining to quality or any other such issues, Company is not obligated to intervene in any dispute arising between you and a Third Party Provider.
18.13. Company is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of any Third Party Service.
18.14. If you install or enable a Third Party Service for use, you grant us permission to allow the applicable Third Party Provider to access your data and other materials and to take any other actions as required for interoperation of the Third Party Service with our Services, and any exchange of data or other materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Company is not responsible for any disclosure, modification or deletion of your data or other materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other materials.
18.15. Under no circumstances shall Company be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
18.16. You agree to indemnify and hold the Company and (as applicable) its parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
19. Refunds
19.1. We do not offer any refunds against Services purchased from the Platform.
20. Termination
20.1. Either party to this agreement may terminate the Agreement by giving prior notice of 30 days in writing.
20.2. It shall be on the discretion of the Company that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
20.3. The Company may terminate the User’s usage of the Platform and Services with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever (a) if in the opinion of the Company, the User has breached any of the Terms or/and, (b) if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Services to the User for any reason or/and, (c) if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors, without any prejudice to any/all other rights.
21. Liabilities upon termination
21.1. If the usage of the Platform or Services is terminated for any User pursuant to provisions set out in Clause 20 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. The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of the relevant date of termination.
22. Suspension of Service
22.1. If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Services provided to the User.
22.2. When the Services, 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 up to the date.
22.3 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, reinstitute the usage of the Platform and the Services.
23. Violation of Terms and Conditions
23.1. In the event of violation of Terms, the Company in its sole discretion 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 the User’s account, and/or the exclusion of any person(s) who may have violated these Terms , and seek any injunctive relief from any court of competent jurisdiction. Company can 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. vREfyd.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.
24. Indemnity
24.1. User hereby agrees to indemnify, hold harmless and to settle any third party lawsuit or proceedings brought against the Company or any of its directors/employee/key managerial persons with regard to any claim arising from the advertisement/ wrongful posting of property/ unauthorised posting of property or the fact that the content posted by any User infringe or tend to infringe any copyright, trade secret or trademark of such third party or the content of such post or advertisement is in any manner inconsistent with or in breach of any existing agreement or law as applicable in India. The User further unilaterally agrees to indemnify, reimburse 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 the Platform whether directly or indirectly.
25. Severability
25.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
26. Independent Contractors
Nothing herein contained shall constitute or be deemed to constitute a relationship of agency, partnership, joint venture or employment between You and the Company.
27. RERA Disclaimer
27.1. Project developers or builders and real estate agents, are required to comply with rules, regulations and guidelines of Real Estate (Regulation And Development) Act, 2016 and obtain necessary registration under the said act. It is mandatory for project developers or builders and real estate agents to disclose on the Platform, all material and requisite information as required under the Real Estate (Regulation And Development) Act, 2016. We do not guarantee that project(s) and real estate agents have registered under the Real Estate (Regulation And Development) Act, 2016 or are compliant with the same or not. In no event will the Company be liable for any claim made by the Users including seeking cancellation of Services for any of the inaccuracies in the information provided in this Platform.
27.2. It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any project/property (which is required to be registered under Real Estate (Regulation And Development) Act, 2016) developed, built by a developer/builder and/or initiated /referred to by a Real Estate Agent, before making any buy/sell or any other decisions.
27.3. The Company makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, Services or related information provided by developer/builder/real estate agent/promoter on its Platform with respect to any property or project. For the sake of clarity, it is mentioned that the Company itself does not operate in the capacity of a real estate agent under RERA. The Company has no control over completion or success of any real estate transaction and therefore falls outside the scope of RERA.
28. Notice
28.1. All notices shall be sent (a) if to the User, to the address identified on the Application Form and (b) if to the Company to such address as provided in writing for such notice purposes. Notice shall be deemed given upon receipt when delivered personally and upon receiving acknowledgment / written verification of receipt from overnight courier.
29. Waiver
29.1. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 shall remain in full force and effect.
30. Entire Agreement
30.1. The Terms, End-User License Agreement, Privacy Policy and any policies or operating rules posted by the Company on the Platform from time to time constitute the entire agreement and understanding between You and the Company with respect to the Platform, and supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and the Company (including, but not limited to, any prior versions of the Terms).
30.2. Any ambiguities in the interpretation of the Terms of Use shall not be construed against the drafting party.
31. Governing Law and Dispute Resolution
31.1. If any dispute arises between a User/Users and the Company 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 appointed by the Company who shall be an independent and neutral third party. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
31.2. These Term and any dispute or matter arising from incidental use of vREfyd.com is governed by the laws of India and the User and vREfyd.com hereby submit to the exclusive jurisdiction of the courts at Bangalore, India.
32. Contact Information
32.1. All notices and enquiries to the Company can be addressed to:
Anshuman Tiwari
Email address – support@vrefyd.com
Address – 12th Floor, C Wing, Mittal Tower, New No.21 Old No.6/47,
M G Road, Bangalore Urban, Karnataka - 560001
Phone No. – 9342552715
33. Grievance Redressal
33.1. All grievances with the Company with respect the Terms of Services can be addressed to:
Anshuman Tiwari
9342552715
12th Floor, C Wing, Mittal Tower, New No.21 Old No.6/47,
M G Road, Bangalore Urban, Karnataka - 560001