Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
• "Agreement” Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deem to have been executed at Kolkata.
• “Company”: Is defined as Somani Realtors Pvt. Ltd., an existing Company under the Companies Act, 1956.
• “Date of Commencement: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in it’s notice to the user either through e-mail or conventional mail.
• “Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
• “Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User' s name, telephone number, mailing address, account and email address.
• Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
Means the Services to be provided by the Somani Realtors Pvt. Ltd. to the User of somanirealtors.net and shall include the provision of following facilities:
1. Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
2. Service to the Users who wishes to secure a property through somanirealtors.net and its Internet links.
3. Service to the users who wishes to place a print advertisement in any of the group publications through the somanirealtors.net site.
4. Service to the Users who wishes to insert advertisements at somanirealtors.net.
5. Service to the Users who wishes to receive advertisements and promotional messages on somanirealtors.net and through emails.
• “somanirealtors.net”: Is defined as the Internet web site of the Somani Realtors Pvt. Ltd. at www.somanirealtors.net
• ”User": Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees
• The Service shall be deemed to have commenced on the Date of Commencement of service.
• somanirealtors.net shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
• The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
• Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
• The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
• The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the somanirealtors.net service.
• The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
• The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
• The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.
• somanirealtors.net in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with somanirealtors.net shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
• The User will indemnify Somani Realtors Pvt. Ltd. for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
• “Somani Realtors Pvt. Ltd. do not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). Somani Realtors Pvt. Ltd. however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 48 hours of receipt of such complaint. All complaint should be addresses by email at firstname.lastname@example.org
• “The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by Somani Realtors Pvt. Ltd. as deemed fit by them”.
• “User of the website agrees to indemnify and keep Somani Realtors Pvt. Ltd. indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party”
• To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
• Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
• It is agreed by the User that he acquire s 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 proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
• In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
• The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
• The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from somanirealtors.net database without prior consent from Somani Realtors Pvt. Ltd. in writing.
• The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to somanirealtors.net and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
• Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
• 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.
• However, the Company irrespective of clause 1 and 2 above may terminate this Agreement 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 and conditions of this agreement 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 Service 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 and further without any prejudice to any/all other rights:
• If any amount 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 Service provided to the User.
• When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.
• Upon subsequent payment by the User of such amount as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
• If the somanirealtors.net, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, somanirealtors.net may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. somanirealtors.net could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. somanirealtors.net will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If somanirealtors.net believes in its sole discretion that any advertisement or/and services may create liability for somanirealtors.net, somanirealtors.net may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, somanirealtors.net reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
• User agrees that neither somanirealtors.net nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if somanirealtors.net has been advised of the possibility of such damages. User further agrees that somanirealtors.net shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that somanirealtors.net shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to somanirealtors.net, if any, that is related to the cause of action.
• The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on somanirealtors.net or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
• somanirealtors.net shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
The User hereby agrees and irrevocably authorizes that the Company has the right to:
• Use for the company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
• Retain all data or/and information supplied by the User while using the Service to remain at somanirealtors.net for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company’s property, records and databases as the exclusive property of the Company, for all times to come.
• "By entering mobile number on somanirealtors.net while registering for an account or receiving alerts, contacting a property seller/buyer, user gives consent to Company to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with somanirealtors.net."
User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company’s use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User’s representations and warranties mad e in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of somanirealtors.net or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).
• "The price,image,floor plan, address & all other details shown whatsoever may be the nature & contents of the details shown in www.somanirealtors.net are given by the respective Developer/Agent/Owner etc. Somani Realtors Pvt. Ltd. will not be responsible for any contents displayed in www.somanirealtors.net ."
• The contacts, images, names & all other details received through www.somanirealtors.net can be used further & for future references .
• For the purpose of this Agreement and attachments thereto and all renewals, “ Confidential Information ” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the “ Disclosing Party ” herein the Company ) or any other members of the Disclosing Party’s group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise com e into the possession of the other (the “ Receiving Party ”, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
• The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party’s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
• Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
• On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
• All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to “Violation of Terms & Conditions” clause, release any such data and information to any third party without the prior consent of the User.
• The User has access to only his own data and information stored in the database at somanirealtors.net (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
• All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
• All copyright and/or know-how and/or any other related intellectual property rights to the Service or somanirealtors.net 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 somanirealtors.net 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.
• The right to amend vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User.
• This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at somanirealtors.net. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
• The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. Except for paid service, a pro-rated refund shall be effected for the remaining unused period.
• There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
• All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of The Company’s Finance department, all legal notices shall be sent to the attention of the Company’s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail. All notices from the Company including notice of change to these Terms & Conditions or other matters related to somanirealtors.net will be done by displaying notices to Users on the service.
• In the event User has any grievance in relation to any information uploaded on somanirealtors.net User may contact our Grievance Officer at email@example.com
• Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
• The failure of somanirealtors.net to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to b e invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
• This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
• It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between somanirealtors.net and any User of the Service.
• The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
• All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
• This Agreement and any dispute or matter arising from incidental use of somanirealtors.net is governed by the laws of India and the User and somanirealtors.net hereby submit to the exclusive jurisdiction of the courts at Calcutta, India without regard to its conflict of law provisions.
It is our constant endeavour to make somanirealtors.net an enjoyable and effective experience for all our users. If you observe material or behaviour that may violate one of the Somani Realtors Pvt. Ltd. Terms & Conditions, please write to us. This will go a long way in enhancing our service!
somanirealtors.net through its various advertising campaigns collects information about the users. This information is voluntarily provided by the user and is collected in the database of somanirealtors.net. The information so collected in the database through these campaigns refers to the property details, email address and names of the user. somanirealtors.net uses third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective users/buyers/sellers. The data collected is for the exclusive use of somanirealtors.net and somanirealtors.net reserves its right to allow access to its clients for the purposes of purchase and disposing of properties only, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by somanirealtors.net against the erring party, including indemnification for third party claims for damages.