Terms & Conditions
The term ‘user’ shall mean and include any person who has visited the website, whether or not the person avail or utilizes the services or platform rendered under the website.
The term ‘authorized user’ shall mean and include any person who has subscribed to the website, and to whom the access is restricted by the use of a sign in user name and a password. It is made abundantly clear that only the ‘authorized user’ has the right to access the services so offered under the website. 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 shall 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 ‘service’ or ‘services’ would mean and include the services of buy/sell/rent of properties made available on the website through which the user may access information in the database. It may also include the services of property consultation, property trading, plotting, property estimation etc. The term ‘service’ does not extend to ‘unauthorized user” either expressed or implied on behalf of any user.
www.UPPropertyWala.com and/or any other website(s) linked to this website are online information and service(s) provided to you are subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING WEBSITE, 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 THE WEBSITE.
www.UPPropertyWala.com may amend/modify these Terms and Conditions at any time without any prior notice, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the website. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of www.UPPropertyWala.com shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. www.UPPropertyWala.com shall also have the sole and exclusive right to suspend the operation of website for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize www.UPPropertyWala.com in a manner inconsistent with these Terms and Conditions, www.UPPropertyWala.com may, without giving any notice, terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
SUBMISSION AND ADMINISTRATION OF LISTINGS
User agrees not to submit or upload any property descriptions, photographs, financial, contact or other information contained in each Property’s data to www.UPPropertyWala.com unless the user has acquired and received all necessary rights and authorizations from the owner of such property or from 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 www.UPPropertyWala.com. The user 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 or not. The user in addition shall furnish a brief background of such property in respect of title, ownership and possession, www.UPPropertyWala.com may also require the user to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. www.UPPropertyWala.com 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, www.UPPropertyWala.com may require additional evidence of compliance with this provision from Users who are alleged to have submitted Properties or other information/data in violation of this Agreement. www.UPPropertyWala.com may, in its sole discretion, terminate the accounts of, and refuse service to, any User who repeatedly or intentionally violates this Agreement. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the website. www.UPPropertyWala.com shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the website and www.UPPropertyWala.com 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 user agrees:
- to represent and warrant that all Properties and associated information provided by the User will be accurate;
- that the User will not permit the posting of a property on UPPropertyWala.com 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; www.UPPropertyWala.com reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the website without notice. www.UPPropertyWala.com and its owners, representatives, assigns accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While www.UPPropertyWala.com shall take all reasonable efforts for data backup and business resumption, the User shall be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted/uploaded to the website.
Users, who are buying/renting property/properties or using services of whatsoever nature through www.UPPropertyWala.com, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own and shall follow all due provisions of law.
If you utilize website in a manner inconsistent with these Terms and Conditions, www.UPPropertyWala.com shall have the exclusive right to terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
By becoming a member of UPPropertyWala.com and/or using UPPropertyWala.com services, you agree to receive certain communication from UPsPropertyWala.com. You hereby confirm that, you do not have any objection to receiving emails, messages and calls from UPPropertyWala.com and members of UPPropertyWala.com. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (herein referred to as “Content”) as proprietary to www.UPPropertyWala.com. User agrees that Content will be maintained as confidential and shall be protected as a trade secret of www.UPPropertyWala.com. www.UPPropertyWala.com does not ensure the accuracy of, endorse or recommend any Content and User uses such Content at the User’s own risk. User may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content, in any manner whatsoever, that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing service or device. User further shall not use the Service provided by the www.UPPropertyWala.com in any other manner for or in connection with any other listing service or device. Users violating these specific terms, specifically those users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks (“Marks”) appearing in www.UPPropertyWala.com, except the commercial advertisements posted on the website, are the properties either owned or used under license by www.UPPropertyWala.com. All rights accruing from the same, statutory or otherwise, wholly vest with www.UPPropertyWala.com. 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 offence under the prevailing laws of India.
www.UPPropertyWala.com respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. www.UPPropertyWala.com shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using www.UPPropertyWala.com as a platform to infringe the Intellectual Property Rights of others, www.UPPropertyWala.com will be free to terminate this agreement forthwith without any notice to the user and shall be solely liable and responsible and amenable to legal action.
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 website, 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 website 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 for commercial 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 website or link to the website, without our express written consent.
- The user shall not utilize the services offered by website in any manner so as to impair the interests and functioning of UPPropertyWala.com. The user undertakes not to duplicate, download publish, modify and distribute material on www.UPPropertyWala.com unless specifically authorized by www.UPPropertyWala.com in this regard. The user undertakes not to establish any deep link or other connection to any specific page of website other than the Home Page without obtaining prior consent of www.UPPropertyWala.com. www.UPPropertyWala.com 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 authorized in writing.
- Users undertake that the services offered by UPPropertyWala.com shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. www.UPPropertyWala.com reserves the right to filter and monitor and block the emails sent by you/user using the servers to be maintained by www.UPPropertyWala.com to relay emails. All attempts shall be made by the user to abide by International Best Practices in eliminating Spam.
The User to www.UPPropertyWala.com 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 laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, 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 other nation.
Violations of system or network security may result in civil or criminal liability. Although we take appropriate security measures to protect against unauthorized access. However, you are mandatorily required to:-
- Check and verify property details thoroughly before bying.
- Check the seller’s reputation and feedback.
- Follow appropriate safety measures while making payment.
- Never share your account information & password with anyone.
LINKS TO THIRD PARTY WEB SITES
www.UPPropertyWala.com may provide links to other third-party World Wide Web sites or resources. www.UPPropertyWala.com makes no representations whatsoever about any other Web site you may access through this Website.
Since PropertyWala.com offers non-tangible irrevocable goods also (i.e. advertising services), we do not issue refunds once the order has been successfully placed and appropriate advertising services/resources have been added to customer’s account.