The term ‘authorized user’ would include any person, whether an individual or a legal entity who has subscribed to the services of Jagaha, and to whom the access is restricted by the use of a sign in user name and a password. The username and password are either allotted by Jagaha or chosen by the user or agreed upon by Jagaha. It is made abundantly clear that only the authorized user has the right to access the services so offered by Jagaha.
For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorized user’ and will be subject to the terms and conditions,and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
The terms ‘User’ and ‘customer’ would include both the authorized and unauthorized user(s)
The terms ‘service’ or ‘services’ would mean to include the interactive online information service offered by Jagaha on the internet through which the user may access information carried by Jagaha in the database maintained by it.The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Usersthen select one or more of the items presented to view the full document/record. The term service at times may extend to Jagaha acting as an agent either express or implied on behalf of any user/customer.
Terms and Conditions
Jagaha and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING JAGAHA, 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 Jagaha.IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ([emailprotected])
BRPL may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on Jagaha. You may review the modified Terms and Conditions periodicallyto be aware of such modifications and your continued access or use of Jagaha, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. BRPL may also suspend the operationof Jagaha for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize Jagaha in a manner inconsistent with these Terms and Conditions, BRPL 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 fitand proper.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property 's data to Jagaha unless the Customer has acquired received all necessary rights and authorizationsfrom the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on Jagaha. Thecustomer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances ornot. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, BRPL may also require the customer to support his/her claims with respect to the status of the propertywith such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of theinformation/data so provided/displayed. BRPL may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition,BRPL may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. BRPL will, in its sole discretion, terminatethe accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed,downloaded, copied, and otherwise referred to by users of the Customer's website or the Jagaha website. BRPL shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded,copied, and otherwise used on Jagaha and BRPL shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees
(a) to represent and warrant that all Properties and associated information provided by the Customer will be accurate;
(b) that the Customer will not permit the posting of a property on Jagaha under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
BRPL reserves, in a manner consistent with reasonable commercial & residential business practices, the right to remove all or any part of the Properties posted on the Customer's website or on Jagaha without notice. BRPL accepts no responsibilityfor checking/verifying the accuracy of reports or data files submitted by the Customer. While BRPL shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retainingback-up copies of all information, photographs and other materials furnished/submitted to Jagaha.
Customers, who are buying/renting property/properties through Jagaha, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
There is no fee to list on Jagaha.com. Payments to BRPL occur only when a property listed by Jagaha was used to complete the transaction. Payments will be done on a “side by side basis” with brokers, meaning BRPL will not be sharing its commissions with brokers. Regarding leasing property, BRPL charges applicable parties that have been serviced by BRPL one month brokerage each whereas if the contract is a three years lease or longer BRPL charges two months brokerage and if the contract is five years or longer BRPL charges three months brokerage. In terms of sale of property, BRPL charges 1% or more of the total sale value of the property to each applicable party that BRPL services. Please note that GST is applicable and is to be paid in addition to the above fees.
USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (“Content”) as proprietary to Jagaha. Customer agreesthat Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Jagaha. Jagaha does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content atthe Customer’s own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personaland internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall notuse or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Serviceprovided by the company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessivemanner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks (“Marks”) appearing in Jagaha are the properties either owned or used under license by BRPL and / or its associates. All rights accruing from the same, statutory or otherwise, whollyvest with BRPL / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited.Any violation of the above would constitute an offense under the prevailing laws of India.
BRPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. BRPL shall protect and respect the Intellectual Property Rights of the users as wellas third parties to the best of its ability. In a case where a user/users are found to be using Jagaha as a platform to infringe the Intellectual Property Rights of others, BRPL will be free to terminate this agreement forthwith withoutany notice to the user.
You hereby expressly agree not to:
- Access data not intended for you or log into server or account that you are not authorized to access;
- Attempt to probe, scan or test the vulnerability of a system or network;
- Attempt or breach security or authentication measures without proper authorization;
- Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Jagaha, overloading, Flooding, mail bombing or crashing;
- Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Jagaha except as permitted;
- Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed forcommercial & residential gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
- Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Jagaha or link to Jagaha, without our express written consent.
- The user shall not utilize the services offered by Jagaha in any manner so as to impair the interests and functioning of BRPL/Jagaha. The user undertakes not to duplicate, download publish, modify and distribute material on Jagaha.comunless specifically authorized by BRPL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Jagaha other than the Home Page without obtaining prior consent of BRPL.BRPL strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
- Users undertake that the services offered by Jagaha shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. BRPLreserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by BRPL to relay emails. All attempts shall be made by BRPL and the user to abide by International Best Practicesin containing and eliminating Spam.
The User / subscriber / visitor to Jagaha or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:
belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money launderingor 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, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offenceor is insulting any other nation.
Violations of system or network security may result in civil or criminal liability.
DISCLAIMER AND WARRANTIES
Jagaha is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF JAGAHA IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
BRPL AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES,PRODUCTS, MATERIAL AND CONTENTS OF JAGAHA.
Views expressed by the users are their own, BRPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is madeto ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. BRPL does not warrant that the access towebsite will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. BRPL does not endorse investment in any projects which have not received official sanction and have not been launchedby the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in BRPL or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process,equipment or formulation, in conflict with any patent, or otherwise and BRPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and BRPL makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you areentirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
BRPL offers products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability,local or regional laws or legal impediments and other considerations/factors. BRPL does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Informationon this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that BRPL intends to announce, launch or provide suchproducts, programs or services in your country.
LIMITATION OF LIABILITY
BRPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions,defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tortor any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
BRPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer’s data/information. BRPL shallnot be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internetor at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.
BRPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Jagaha (or any part thereof) for any reason, including, without limitation, that BRPL based on its judgment and perceptionbelieves you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Submissions and unauthorized use of any information(s)/materials contained on Jagaha may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicablelaws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, BRPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands,including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Jagaha material or your breach of these Terms and Conditions.