Terms & Conditions

TERMS OF SERVICE/USE AGREEMENT

LAST REVISION: [20-01- 2018] PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ACCESSING THE SERVICES OF THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service/Use Agreement (the "Agreement") governs your use of this website, [www.bestpropertydealer.com] (the "Website"), owned and operated by [Best Property Dealer] ("Best Property Dealer"), the services on this Website, your acceptance/access to services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Best Property Dealer] reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. [Best Property Dealer] will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. [Best Property Dealer] encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with [Best Property Dealer] for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.

I. ELIGIBILITY

You can become a member of www.bestpropertydealer.com by successfully registering on the website www.bestpropertydealer.com ("Member"). Membership to the www.bestpropertydealer.com is void where prohibited. For using this website you must be eligible to enter into, execute and abide the terms of this contract as per the applicable laws of India. Your use of www.bestpropertydealer.com represents and warrants that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms of Use Agreement of this Agreement. You agree to inform www.bestpropertydealer.com your subsequent disability to enter into any contract. Subsequent disability shall entitle www.bestpropertydealer.com to restrict/change/terminate this agreement at its own discretion with or without any notice to you in this regard.

II. FREE CONSENT

You state that the very fact that you are visiting/have visited the www.bestpropertydealer.com is at your complete unqualified acceptance, relating to various Terms the Agreement detailed in the website as also in the disclaimer section of this Agreement. You fully declare and undertake with a sound mind without any undue force, pressure, influence or coercion on you, that you shall be fully bound by the terms of this Contract. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a visitor of this www.bestpropertydealer.com site or as a seeker or querist of opinion, advice or consultancy from the services of the www.bestpropertydealer.com site or on account of non-payment of any dues in respect of the services rendered under this Agreement then the dispute will be resolved as per the dispute resolution clause stated hereunder.

III. PRODUCTS/SERVICES

Services We Provide: Our Services compromise a variety of real estate projects-related information, advertisements and services made available through our Website. These Services include but are not limited to real estate listings and related information, home loan related information, real estate professional profiles, advertisements and information about various real estate projects and agents/dealers. The Services may sometimes be located on third- party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control. Our Services also include paid products and services. By purchasing or using or accessing our products and services, you agree to the terms of this Agreement.

www.bestpropertydealer.com, is the India's leading real estate/property related Service Provider. In order to use all relevant functionalities of www.bestpropertydealer.com Site ("Site"), you may get yourself registered as a member of the Site ("Member") by providing your true and correct information as required in the registration process.

www.bestpropertydealer.com can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to you.

Services for the purpose of this Agreement mean the Services to be provided by www.bestpropertydealer.com/Company to the User/Member of www.bestpropertydealer.com and shall inter-alia include the provision of following facilities:
Service to the Users/ Members wishing to post their listing for the purpose of sale/rental of their property, and for Users/ Members providing property services etc.
Service to the users who wishes to place a print advertisement in any of the group publications through the www.bestpropertydealer.com site.
Service to the Users/ Members who wishes to insert advertisements at www.bestpropertydealer.com. Service to the Users/ Members who wishes to receive advertisements and promotional messages on and through emails Hereinafter, all the above services shall collectively be referred to as Services and Service in case of any single service from the above.

Suspension of Services

If any amount payable by the Member to the Best Property Dealer is 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 Service /Services provided to the Member.
When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Best Property Dealer.
Upon subsequent payment by the User/ Member of such money as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, restore the Service(s).
www.bestpropertydealer.com may at its sole discretion from time to time offer you variety of features and facilities for the Service(s).

Customer Solicitation

Unless you notify our third party call center reps or direct [Best Property Dealer] sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations [Best Property Dealer] and its designated in house or third party call team(s).

Opt Out Procedure

Procedure: We provide 3 easy ways to opt out of from future solicitations.

  1. You may use the opt out link found in any email solicitation that you may receive.
  2. You may also choose to opt out, via sending your email address to: [bpdinindia@gmail.com].
  3. You may send a written remove request to registered address of Best Property Dealer.

Proprietary Rights.

[Best Property Dealer] has proprietary rights and trade secrets in the Products/Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by [Best Property Dealer]. [Best Property Dealer] also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

Sales Tax

If you purchase any Products/Services, you will be responsible for paying any applicable sales tax.

IV. WEBSITE

Content; Intellectual Property;

Third Party Links. In addition to making Products/Services available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites,. [Best Property Dealer] does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that [Best Property Dealer] does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third- party websites are provided solely as a convenience to you. [Best Property Dealer] does not endorse the contents on any such third-party websites. [Best Property Dealer] is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website;

Website; [Best Property Dealer] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website

License.

By using this Website, you are granted a limited, non-exclusive, non- transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Best Property Dealer] or the applicable third party (if third party content is at issue).

Posting.

By posting, storing, or transmitting any content on the Website, you hereby grant [Best Property Dealer] a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. [Best Property Dealer] does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. [Best Property Dealer] is not liable for any damage or harm resulting from any posts by or interactions between users. [Best Property Dealer] reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content

Authority to submit information/content on this website

Any information/content in relation to any property or otherwise shall be submitted by you only and only if you are: - Undisputed legal owner of said property or Legally valid Special Power of Attorney holder from the undisputed legal owner of said property to perform under this Contract or Holding any other legally valid authority document(s); or Otherwise legally authorized to submit such information.

Content Posted On the Site www.bestpropertydealer.com

You hereby confirm that
  1. (A) The Content posted by you on the site does not infringe any third party's intellectual property or proprietary rights or rights of publicity or privacy;
  2. (B) The Content posted by you on the site does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority;
  3. (C) Is not defamatory, libelous, pornographic or obscene
  4. (D) The Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to www.bestpropertydealer.com by law;
  5. (E) www.bestpropertydealer.com verify the registration data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or www.bestpropertydealer.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, www.bestpropertydealer.com has rights to suspend or terminate your account and refuse any and all current or future use of the www.bestpropertydealer.com site and its services (or any portion thereof). www.bestpropertydealer.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the www.bestpropertydealer.com Site and the www.bestpropertydealer.com Service;
  6. (F) The Site contains the copyrighted material, trademarks, and other proprietary information if any of ww.bestpropertydealer.com and its users/members. Except for that information which is in the public domain or for which you have been given express permission by www.bestpropertydealer.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;
  7. (G) All lawful, legal and non-objectionable messages (in the sole discretion of www.bestpropertydealer.com), content and/or other information, content or material that you post on the forum boards shall become the property of www.bestpropertydealer.com. www.bestpropertydealer.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;
  8. (H) You understand and agree that - www.bestpropertydealer.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of www.bestpropertydealer.com violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of www.bestpropertydealer.com and/or its Members or any third party. - You are solely responsible for the Content that you publish, display or submit (hereinafter, "post") on www.bestpropertydealer.com, or transmit to other www.bestpropertydealer.com Members. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrapers, EXE's, CGI or any other programs/scripts to view and or collect information or content on or communicate / contact / respond / interact with other Members. The discussion forum on the website is not for personal grievance and the same is also not a venue for resolution of personal dispute;
  9. (I) www.bestpropertydealer.com reserves the right to verify the authenticity of Content posted on the site. In exercising this right, www.bestpropertydealer.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence within prescribed time, www.bestpropertydealer.com may, in its sole discretion, terminate your Membership without any refund and pull out your content from the www.bestpropertydealer.com site;
  10. (J) By posting Content to any public area of www.bestpropertydealer.com, you hereby grant, and you represent and warrant that you have the right to grant, to www.bestpropertydealer.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing;
    The following is an indicative list of Content that is illegal or prohibited on the Site. The Best Property Dealer may investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions of these Agreement, including without limitation, remove the offending communication from the www.bestpropertydealer.com site and terminate the Membership of such violators without a refund. It includes Content that:-
    • Is blatantly offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • Harasses or advocates harassment of another person;
    • Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • Displays pornographic or sexually explicit material of any kind;
    • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
    • You must use the www.bestpropertydealer.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations;

V. TERMS OF USE BY MEMBERS

In case of content/data/information submitted by you to www.bestpropertydealer.com, for availing the Services provided by www.bestpropertydealer.com, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then www.bestpropertydealer.com reserves its rights to take all necessary action, civil, criminal including cancellation of any or all your registrations with or without any notice to you in this regard without any refund of the fee.
www.bestpropertydealer.com reserves the right to screen messages that you may send to others through www.bestpropertydealer.com site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect www.bestpropertydealer.com and/or our Members from any abuse / misuse, www.bestpropertydealer.com reserves the right to restrict the use of www.bestpropertydealer.com by you for such period which www.bestpropertydealer.com deems appropriate in its sole discretion. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with www.bestpropertydealer.com and/or its Members.
www.bestpropertydealer.com reserves the right to screen the content you may post and also regulated the same by deleting unwarranted/ obscene or any other content at any time at its sole discretion without prior notice to you.

VI. DISCLAIMER OF WARRANTIES

Your use of this website and/or products are at your sole risk. The website and products/services/advertisements are offered on an "as is" and "as available" basis. [Best Property Dealer] expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products/information or website content, or any reliance upon or use of the website content or products/services

Without limiting the generality of the foregoing, [best property dealer] makes no warranty in case of following:-
  • that the information provided on this website is accurate, reliable, complete, or timely.
  • that the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  • no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
  • as to the results that may be obtained from the use of the products or that defects in products will be corrected.
  • regarding any products/information/services purchased or obtained through the website.
  • some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

VII. LIMITATION OF LIABILITY

[Best property dealer] entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid/package your availed.
[Best Property Dealer] will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/ services in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products/ services/ advertisements/ information purchased or obtained or transactions entered into by relying on such services/ advertisements/ information available on the website; or (4) any loss, lost profits you allege.

VIII. INDEMNIFICATION

You will release, indemnify, defend and hold harmless [Best Property Dealer], and any of its proprietor, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products/Services (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Best Property Dealer]. When [Best Property Dealer] is threatened with suit or sued by a third party, [Best Property Dealer] may seek written assurances from you concerning your promise to indemnify [Best Property Dealer]; your failure to provide such assurances may be considered by [Best Property Dealer] to be a material breach of this Agreement. [Best Property Dealer] will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of [Best Property Dealer] choice at its expense. [Best Property Dealer] will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend [Best Property Dealer] against any claim, but you must receive [Best Property Dealer] prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website.

IX. AGREEMENT TO BE BOUND

By using this Website or accessing this website Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

X. PRIVACY

Please review our Privacy Policies for details.

XI. GENERAL

Force Majeure.

[Best Property Dealer] will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation.

[Best Property Dealer] may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products/Services/Information.

Entire Agreement.

This Agreement comprises the entire agreement between you and [Best Property Dealer] and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver.

The failure of [Best Property Dealer] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a competent authority to be invalid, the parties nevertheless agree that the the authority should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Dispute Resolution:

Resolution: Unless you have entered into an additional agreement with [Best Property Dealer] that provides for an alternative dispute resolution mechanism, you agree that any dispute arising between you and Best Property Dealer] which cannot be resolved amicably, shall be conclusively resolved by a sole arbitrator. TheArbitration shall be conducted as per the Arbitration rules laid down under the Arbitration and Conciliation Act, 1996, and any modification/amendment effected thereafter from time to time. The arbitration award passed by the Arbitrator shall be final and binding on both parties. The cost of arbitration shall be borne by you, unless awarded otherwise.

Statute of Limitation.

You agree 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 Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights.

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination.

[Best Property Dealer] reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and [Best Property Dealer] may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, [Best Property Dealer] reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until [Best Property Dealer] chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use.

[Best Property Dealer] makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. [Best Property Dealer] may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING/ACCESSINGTHIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.