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This website, www.inrealities.com, (hereinafter referred to as "InRealities") is owned, hosted and operated by Midriff Internet Technologies (hereinafter referred to as Midriff), firm Registered in India, having its registered office at !702, Seventeenth Floor, Pancharatna, Opera House, Charni Road, Mumbai, Maharashtra
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| Definitions: |
| Terms and Conditions |
InRealities 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 InRealities, 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 InRealities. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (info@inrealities.com)
MIDRIFF 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 InRealities. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of InRealities, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. MIDRIFF may also suspend the operation of InRealities for support or technical up-gradation, maintenance work, in order to update the content or for any other reason.
If you utilize InRealities in a manner inconsistent with these Terms and Conditions, MIDRIFF 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.
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| 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 InRealities 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 InRealities. 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, MIDRIFF 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. MIDRIFF 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, MIDRIFF 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. MIDRIFF 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 InRealities website. MIDRIFF shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on InRealities and MIDRIFF 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
- to represent and warrant that all Properties and associated information provided by the Customer will be accurate;
- that the Customer will not permit the posting of a property on InRealities 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;
MIDRIFF 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 InRealities without notice. MIDRIFF accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While MIDRIFF 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 InRealities.
Customers, who are buying/renting property/properties through InRealities, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
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| Payment Terms |
MIDRIFF does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. MIDRIFF uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
MIDRIFF shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
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| Refund in failed transactions |
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Though MIDRIFF payment reconciliation team works on a 24 x 7 basis, MIDRIFF offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of InRealities.
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| 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 InRealities. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of InRealities. InRealities 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.
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| INTELLECTUAL PROPERTY RIGHTS |
All logos, brands, trade marks and service marks ("Marks") appearing in InRealities are the properties either owned or used under license by MIDRIFF and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with MIDRIFF / 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 offence under the prevailing laws of India.
MIDRIFF respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. MIDRIFF 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 InRealities as a platform to infringe the Intellectual Property Rights of others, MIDRIFF will be free to terminate this agreement forthwith without any notice to the user.
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| 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 InRealities, 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 InRealities 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 InRealities or link to InRealities, without our express written consent.
- The user shall not utilise the services offered by InRealities in any manner so as to impair the interests and functioning of MIDRIFF/InRealities. The user undertakes not to duplicate, download publish, modify and distribute material on naukri.com unless specifically authorized by MIDRIFF in this regard. The user undertakes not to establish any deep link or other connection to any specific page of InRealities other than the Home Page without obtaining prior consent of MIDRIFF.
MIDRIFF 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 InRealities 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. MIDRIFF reserves the right to filter and monitor and block the emails sent by you/user using the servers maintained by MIDRIFF to relay emails. All attempts shall be made by MIDRIFF and the user to abide by International Best Practices in containing and eliminating Spam. Violations of system or network security may result in civil or criminal liability.
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| LINKS TO THIRD PARTY WEB SITES |
| InRealities may provide links to other third-party World Wide Web sites or resources. MIDRIFF makes no representations whatsoever about any other Web site you may access through this Website (inrealities).
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| DISCLAIMER AND WARRANTIES |
THE CONTENT OF InRealities IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
MIDRIFF 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 InRealities.
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. MIDRIFF does not warrant that the access to Website will be uninterrupted or error-free or that defects in Website will be corrected.
No information contained herein shall constitute an invitation or an offer to invest in MIDRIFF 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 MIDRIFF 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 MIDRIFF 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.
MIDRIFF 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. MIDRIFF 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 MIDRIFF intends to announce, launch or provide such products, programs or services in your country.
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| LIMITATION OF LIABILITY |
MIDRIFF 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.
MIDRIFF 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 Customers data/information. MIDRIFF 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 persons computer related to or resulting from participating or downloading materials/information from the website.
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| TERMINATION |
| MIDRIFF may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to InRealities (or any part thereof) for any reason, including, without limitation, that MIDRIFF based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
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| INDEMNIFICATION |
Submissions and unauthorized use of any information(s)/materials contained on InRealities 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.
Submissions and unauthorized use of any information(s)/materials contained on InRealities 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.
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| PRIVACY POLICY |
| The user of InRealities is subject to Privacy Policy available through this link.
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| ARBITRATION |
| If any dispute arises between a user/users and MIDRIFF arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MIDRIFF. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
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| SEVERABILITY OF PROVISIONS |
| THIS AGREEMENT between you and MIDRIFF and governs your use of inrealities.com. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
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| WAIVER |
| The failure of MIDRIFF to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
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| GOVERNING LAW |
| By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to inrealities.com, as well as these Terms and Conditions.
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| JURISDICTION |
Courts at Mumbai, Maharashtra, India alone shall have the exclusive jurisdiction in all matters relating to InRealities and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to InRealities.
MIDRIFF does not routinely monitor your postings to the web site but reserves the right to do so. However, if MIDRIFF becomes aware of an inappropriate use of InRealities or any of its Services, MIDRIFF will respond in any way that, in its sole discretion, MIDRIFF deems appropriate. You acknowledge that MIDRIFF will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, MIDRIFF will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
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