The term ‘authorized user’ would include any person, whether an individual or a legal entity who has subscribed to the services of Mumbaipropertynetwork.com, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Mumbaipropertynetwork.com or chosen by the user or agreed upon by Mumbaipropertynetwork.com. It is made abundantly clear that only the authorized user has the right to access the services so offered by Mumbaipropertynetwork.com.
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 Mumbaipropertynetwork.com on the internet through which the user may access information carried by Mumbaipropertynetwork.com 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. Users then select one or more of the items presented to view the full document/record. The term service at times may extend to Mumbaipropertynetwork.com acting as an agent either express or implied on behalf of any user/customer.
Terms and Conditions
Mumbaipropertynetwork.com 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 MUMBAIPROPERTYNETWORK.COM, 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 Mumbaipropertynetwork.com. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (info@mumbaipropertynetwork.com.com)
MPN (Mumbai Property Network) 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 Mumbaipropertynetwork.com. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of Mumbaipropertynetwork.com, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. MPN may also suspend the operation of Mumbaipropertynetwork.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize Mumbaipropertynetwork.com in a manner inconsistent with these Terms and Conditions, MPN 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 fit and 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 Mumbaipropertynetwork.com unless the Customer has acquired received all necessary rights and authorizations from 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 Mumbaipropertynetwork.com. The customer 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 customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, MPN may also require the customer 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 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 the information/data so provided/displayed. MPN 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, MPN 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. MPN will, in its sole discretion, terminate the 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 Mumbaipropertynetwork.com website. MPN shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Mumbaipropertynetwork.com and MPN 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 Mumbaipropertynetwork.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;
MPN reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer’s website or on Mumbaipropertynetwork.com without notice. MPN accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While MPN shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Mumbaipropertynetwork.com.
Customers, who are buying/renting property/properties through Mumbaipropertynetwork.com, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payment Terms
There is no fee to list on Mumbaipropertynetwork.com.com. Payments to MPN occur only when a property on Mumbaipropertynetwork.com or in Mumbaipropertynetwork.com’s database was used to complete the transaction. Payments will be done on a “side by side basis” with brokers, meaning MPN will not be sharing its commissions with brokers. Regarding leasing property, MPN charges applicable parties that have been serviced by MPN one month brokerage each whereas if the contract is a three year lease or longer MPN charges two months brokerage and if the contract is five years or longer MPN charges three months brokerage. In terms of sale of property, MPN charges 2% of the total sale value of the property to each applicable party that MPN services. Please note that service tax 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 Mumbaipropertynetwork.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Mumbaipropertynetwork.com. Mumbaipropertynetwork.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the 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 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. Customer shall not use 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 Service provided 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 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 Mumbaipropertynetwork.com are the properties either owned or used under license by MPN and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with MPN / 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.
MPN respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. MPN 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 Mumbaipropertynetwork.com as a platform to infringe the Intellectual Property Rights of others, MPN will be free to terminate this agreement forthwith without any notice to the user.
RESTRICTIONS/ PROHIBITIONS
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 Mumbaipropertynetwork.com, 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 Mumbaipropertynetwork.com 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 Mumbaipropertynetwork.com or link to Mumbaipropertynetwork.com, without our express written consent.
- The user shall not utilize the services offered by Mumbaipropertynetwork.com in any manner so as to impair the interests and functioning of MPN/Mumbaipropertynetwork.com. The user undertakes not to duplicate, download publish, modify and distribute material on Mumbaipropertynetwork.com.com unless specifically authorized by MPN in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Mumbaipropertynetwork.com other than the Home Page without obtaining prior consent of MPN. MPN 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 Mumbaipropertynetwork.com 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. MPN reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by MPN to relay emails. All attempts shall be made by MPN and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to Mumbaipropertynetwork.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 cognisable 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.
LINKS TO THIRD PARTY WEB SITES
Mumbaipropertynetwork.com may provide links to other third-party World Wide Web sites or resources. MPN makes no representations whatsoever about any other Web site you may access through this Website (Mumbaipropertynetwork.com).
DISCLAIMER AND WARRANTIES
Mumbaipropertynetwork.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF MUMBAIPROPERTYNETWORK.COM IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
MPN 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, FITNESS FOR 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 MUMBAIPROPERTYNETWORK.COM.
Views expressed by the users are their own, MPN 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 made to 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. MPN does not warrant that the access to website 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. MPN 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.
No information contained herein shall constitute an invitation or an offer to invest in MPN 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 MPN 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 MPN 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 are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
MPN 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. MPN does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on 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 MPN intends to announce, launch or provide such products, programs or services in your country.
LIMITATION OF LIABILITY
MPN 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, tort or 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.
MPN 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. MPN shall not 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 Internet or 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.
TERMINATION
MPN may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Mumbaipropertynetwork.com (or any part thereof) for any reason, including, without limitation, that MPN based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on Mumbaipropertynetwork.com may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, 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, MPN 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 Mumbaipropertynetwork.com material or your breach of these Terms and Conditions.