This web-portal, www.reubenestate.com, is owned, hosted and operated
by Reuben estate Consultants Pvt. Ltd., a company incorporated in India
under the Companies Act, 1956 and having its registered office at C-3/
162, Janakpuri, New Delhi-110058.
Definitions
The term 'authorized user' would include any person, whether an individual
or a legal entity who has subscribed to the services of reubenestate.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 reubenestate.com or chosen by the user or agreed upon by reubenestate.com.
It is made abundantly clear that only the authorized user has the
right to access the services so offered by reubenestate.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 reubenestate.com on the internet
through which the user may access information carried by reubenestate.com
in the database maintained by it. The terms would include meaning
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.
Terms and Conditions
Reubenestate.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 reubenestate.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 reubenestate.com.
Reuben estate consultants pvt. Ltd. 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 reubenestate.com.
You may review the modified Terms and Conditions periodically to be
aware of such modifications and your continued access or use of reubenestate.com,
shall be deemed conclusive proof of your acceptance of these Terms
and Conditions, as amended/modified from time to time. Company may
also suspend the operation of reubenestate.com for support or technical
up-gradation, maintenance work, in order to update the content or
for any other reason.
If you utilize reubenestate.com in a manner inconsistent with these
Terms and Conditions, company 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 reubenestate.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 reubenestate.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, Reuben estate consultants Pvt. Ltd. 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.
Reuben estate consultants pvt. ltd. 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, Reuben estate consultants Pvt. Ltd. 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. Company 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 reubenestate.com
website. Company shall have the sole authority to choose the manner
in which any Property will be searched, displayed, accessed, downloaded,
copied, and otherwise used on reubenestate.com and company 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
reubenestate.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
Company 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 reubenestate.com without notice.
Company accepts no responsibility for checking/verifying the accuracy
of reports or data files submitted by the Customer. While company
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 reubenestate.com.
Customers, who are buying/renting property/properties through reubenestate.com,
must verify details the property/properties as well as its right,
title, ownership, lien etc. on their own.
Payment Terms
Reubenestate.com 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. Company 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.
Company 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.
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 reubenestate.com. Customer agrees that Content reserved
for members will be maintained as confidential and shall be protected
as a trade secret of company. Company 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, trade marks and service marks ("Marks")
appearing in reubenestate.com are the properties either owned or used
under license by reuben estate consultants pvt. ltd. and / or its
associates. All rights accruing from the same, statutory or otherwise
wholly vest with company & 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.
Reuben estate consultants pvt. ltd. respects the Intellectual Property
Rights of all, it has and will continue to adhere to all the laws
applicable in India in this respect. Company 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 user/users are found to
be using reubenestate.com as a platform to infringe the Intellectual
Property Rights of others, company will be free to terminate this
agreement forthwith without any notice to the user.
RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to:
(a) Access data not intended for you or log into server or account
that you are not authorized to access;
(b) Attempt to probe, scan or test the vulnerability of a system or
network;
(c) Attempt or breach security or authentication measures without
proper authorization;
(d) Attempt to interfere with, access to any other user including
but not limited to by submitting a virus of any kind to reubenestate.com,
overloading, Flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify,
edit, alter, enhance, broadcast or tamper with in any way or otherwise
use any material contained in reubenestate.com except as permitted;
(f) 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
(g) Remove any copyright, trade mark or other intellectual property
notices contained in the original material from any material copied
or printed off from reubenestate.com, without our express written
consent.
(h) The user shall not utilise the services offered by reubenestate.com
in any manner so as to impair the interests and functioning of company
or it’s web-portal reubenestate.com. The user undertakes not
to duplicate, download publish, modify and distribute material on
any other property related web-portal unless specifically authorized
by company in this regard.
Company 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 reubenestate.com shall
not be utilized to upload, post, email, transmit or otherwise make
available either directly or indirectly.
LINKS TO THIRD PARTY WEB SITES
Reubenestate.com may provide links to other third-party World Wide
Web sites or resources. Company makes no representations whatsoever
about any other Web site you may access through this Website (reubenestate.com).
DISCLAIMER AND WARRANTIES
THE CONTENT OF reubenestate.com IS PROVIDED "AS IS" AND
ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
COMPANY AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT
TO THIS WEB-PORTAL, 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 reubenestate.com.
It is solely your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and
other information provided through the Web-Portal. Company does not
warrant that the access to Web-portal will be uninterrupted or error-free
or that defects in Web-portal will be corrected.
No information contained herein shall constitute an invitation or
an offer to invest in company or any of its Affiliates. Further, nothing
contained in this Web-portal should be construed as a recommendation
to pick up or invest in particular property or land base unless an
agreement in writing is not established with the company.
This Website is controlled and operated from India and company makes
no representation that the materials are appropriate or will be available
for use in other parts of the World. If you use this Web-portal from
outside India, you are entirely responsible for compliance with all
applicable local laws as well as international conventions and treaties.
Company 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. Company 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 Web-portal 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 company intends to announce, launch or provide
such products, programs or services in your country.
LIMITATION OF LIABILITY
Reuben estate consultants pvt. ltd. will not be liable for any damages
of any kind arising out of or relating to the use or the inability
to use this Web-portal, 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.
Company 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. Company 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
Company may, without notice in its sole discretion, and at any time,
terminate or restrict your use or access to (or any part thereof)
for any reason, including, without limitation, that company 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 reubenestate.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, Reuben estate
consultants pvt. ltd. 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 reubenestate.com material or your breach
of these Terms and Conditions.
ARBITRATION
If any dispute arises between a user/users and company arising out
of use of the web-portal 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
company. Decision of the Arbitrator shall be final and binding on
both the parties to the dispute. The place of arbitration shall be
Delhi. The Arbitration & Conciliation Act, 1996, shall govern
the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and company governs your use of reubenestate.com.
If any provision of these Web-portal 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.
WAIVER
The failure of company 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.
GOVERNING LAW
By accessing the Web-portal you agree that the laws prevailing in
India shall be the governing laws in all matters relating to reubenestate.com
as well as these Terms and Conditions.
JURISDICTION
Courts at New Delhi, India alone shall have the exclusive jurisdiction
in all matters relating to reubenestate.com and these Terms and Conditions,
irrespective of the territory and jurisdiction of your access to reubenestate.com.
Reuben estate consultants pvt. ltd. does not routinely monitor your
postings to the web site but reserves the right to do so. However,
if company becomes aware of an inappropriate use of reubenestate.com
or any of its Services, company will respond in any way that, in its
sole discretion, company deems appropriate. You acknowledge that company
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, company will co-operate fully
with law enforcement agencies in any investigation of alleged illegal
activity on the Internet.
Reuben esate consultants pvt. ltd. reserves all other rights.
VIOLATIONS
Please report any violations of these Terms and Conditions to IEIL
at anil@reubenestate.com