Terms of Use

Terms of Use

1. Introduction

Welcome to the centralized real-estate multiservice digital platform of www.estatesowl.com. We are essentially an information and communication network providing marketing and advertising avenues and connecting individual users with real estate professionals like builders, developers, agents, brokers and service provider’s for delivering information based on user-specific requirements and keeping the user abreast about the latest developments in the property market. 

Estatesowl.com is the brand initiative of Urbancolonisers Private Limited,which along with our trusted partners / affiliates allows you to access or use www.estatesowl.com (the “Website”), Estatesowl’s mobile application, social media presence or any other platforms for service provision (collectively the “Sites”) for presenting you with an exclusive access to a variety of information regarding properties and other realty linked products and services (collectively the “Services”) subject to your compliance with the Terms of Use and Privacy Policy prescribed herein. The Sites are owned, hosted and operated by Urbancolonisers Private Limited (“Estatesowl”, “the Company”, “UPL”). These Terms of Use together with our Privacy Policy and any other documents referred herein should be read together as it jointly governs the manner in which the Sites are operated, accessed or used by Users and user information, whether personally identifiable or not, is administered by or on behalf of UPL by its trusted business partners, service providers, sub-contractors, affiliate(s) (collectively referred to as “we”, “us”, “our”, etc).

By mere use of any of the Sites, you shall be contracting with UPL and these terms and conditions including the policies constitute your binding obligations to UPL. You will be subject to the rules, guidelines, policies, terms, and conditions applicable in relation to accessing or availing any of our services, and they shall be deemed to be incorporated herein and shall be considered as part and parcel of these Terms.

These terms of use and the Privacy Policy constitute a legally binding agreement between the User and UPL pertaining to your, the user’s access and usage of our “Sites”, and provision of any services offered by the Company including but not limited to delivery of content via the Sites being made available on any computer, mobile or internet connected device or otherwise. The Agreement shall be deemed to have been executed at Lucknow, Uttar Pradesh.

By using or visiting this our Sites, software, data feeds and by procuring any of our services, completing the registration process and/or accepting the Terms of Use and/or Privacy Policy which is populated on your feed, you acknowledge that you have read, understood accepted these Terms of Use (“Terms”) and/or the Privacy Policy of the Company. 

The Terms of Use and the Privacy Policy are an electronic record pursuant to the provisions of the Information Technology Act, 2000 and rules made there under as applicable including any statutory modifications, amendment or re-enactment thereof, for the time being in force. This electronic record is generated by a computer system and does not require any physical or digital signatures.

PLEASE READ THIS DOCUMENT CAREFULLY. YOU ARE HEREBY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, WE REQUEST YOU TO DISCONTINUE VISITING, ACCESSING OR USING ESTATESOWL OR ANY OF OUR PLATFORMS AND AVAILING ANY OF THE SERVICES PROVIDED HEREIN. 

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS, PLEASE CONTACT  support@estatesowl.com 

2. General

We have defined the following recurrent words which are consistently used throughout the Terms of Use and Privacy Policy and the general terms of usage, for your understanding and perusal – as detailed below:

• “Registration” shall mean and include the completed registration process through the application form and/or the acceptance to the terms of use and privacy policy herein for any access / usage of our Sites or availing any Services offered by the Company. 
• “UPL”: is defined as Urbancolonisers Private Limited, a Company incorporated under the Companies Act, 2013 bearing the Corporate Identity Number (CIN) – U70100UP2018PTC111498 and having its registered corporate office at C/O Anand Mohan Verma, Shastiya Vihar Colony, Lucknow – 226025, Uttar Pradesh, India, along with any of its other units used for business operations.
• “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 its notice to the user either through e-mail or conventional mail or SMS or otherwise.
• “Date of Termination” is the date of expiry mentioned in the notice and/or the letter of termination issued or accepted by the Company. These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the date of termination is expressly notified by or on behalf of the Company.
• “Registration Data” is the database of all the particulars and information supplied by the User on initial application along with subscription details, including but not limited to the User’s name, contact number, mailing address, account, email address etc.
• “Registered User” is defined as an individual user or corporate or real estate professional user (such as a builder, developer, broker, contractor, sub-contractor, service provider etc), the signatory whose particulars are contained in the application form and who has availed the Sites or Services offered by the Company, whether through paid subscription or otherwise.

“Registered User” also includes any person who accesses or avails the Sites of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Sites of the Company. For the registered user, the access to Estatesowl is permitted by logging in / signing in by entering the chosen / allotted user name and password.

• “Browser/Visitor” means and includes a person who utilizes any of the Services offered by Estatesowl, without the need or a requirement to create a user account i.e. visits non-restricted portions of the platforms offered by Estatesowl.
• The terms “User” (“you, “your”)  would include the Registered Users, Subscribers, Customers, Advertiser(s) and Browser/Visitor(s)
• Sites would mean and include our website (www.estatesowl.com), any sub-sites, Estateowl’s Mobile Application, social media accounts, m-web platforms or any other platform administered by or on behalf of the Company for provision of any services offered by the Company
• Service or Services would mean and include without limitations, the service of the interactive online information platform, products, offerings and content offered by Estatesowl on the internet via any of our Sites or any internet connected device, through which the user may access information available in the database maintained by the Company. 

The terms would also include the search tools through which the User can browse through the hosted databases and information using a number of search tools that are made available with a selection matching their search criteria. The term would also include services by way of space used by users or affiliates for advertisements such as listings and banners. Users may then select one or more of the items presented to view the full document / record. The term Service does not extend to denote any agency relationship between the Company and the user either expressly or impliedly.                    The Company’s role is restricted to act as a medium for information exchange in relation to properties, projects and realty linked products and services.

Some of the Company’s internet-based “Services” can be exemplified as below:

1. Posting User profile or listing for the purpose of sale/rental/paying guest (“PG”) facility of any property, projects or any property related services etc.
   
2. Finding a property through Estatesowl through any of its Sites or its internet links.
   
3. Placing a print advertisement in any of the publications.
   
4. Post advertisements on Estatesowl’s Sites.

5. Send advertisements and promotional messages through emails and messages.
6. To connect the users to the other users who are interested in any of the property listings posted on Estatesowl’s Sites by the first mentioned user or vice versa.

• The Services can be purchased through various methods of payments offered.                        The purchase of Services shall be additionally governed by specific guidelines of sale, like subscription fees, payment and refund policy, etc as mentioned further below in this document.
• The Subscription Page in your profile / user account contains up to date information and description of the Services procured by the User and provided by the Company and/or its affiliates in detail, which can be viewed after signing up / logging in to any of the Sites of the Company.
• Words referring to masculine include the feminine and the singular includes the plural and vice versa as the context admits or requires; and Words referring to persons includes individuals, bodies corporate and any other unincorporated entities.

You hereby attest that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and are competent to contract under the provisions of the Contracts law in India. You agree with a sound mind and without undue force, pressure or coercion on you – that your registration is your complete unqualified acceptance, in relation to the terms and the policies mentioned in the Sites. While individuals under the age of 18 may utilize the Services of these sites, they shall do so only with the involvement & guidance of their parents, legal guardians or any other responsible adult.               You accept the responsibility to inform Estatesowl of your subsequent incompetence to enter or abide by any contract. In the event of such subsequent disqualification, Estatesowl will be entitled to restrict/change/terminate this agreement and withdraw access rights at its own discretion with or without any notice to you. 

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 this subject matter. This Agreement may only be modified, and/or any rights under it waived by the Company only. The right to change vary or amend the agreement exclusively rests with the Company.

You agree to register prior to uploading any content and / or post any comment and any other registered-user specific usage of the sites and provide your details including but not limited to complete name, age, email address, residential address, and contact number. It is being made abundantly clear that only an authorised User has the right to access the Services so offered by Estatesowl.

If you are provided with a user identification code, password or otherwise as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. The accuracy, secrecy, security and confidentiality of your account information (such as your password, email address, and other account information) is your responsibility at all times. We recommend a strong password that you do not use with other services.  We are not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords by you.

In case the content / data / information submitted by you, for availing the Services provided by Estatesowl is found to be incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Estatesowl reserves its rights to take appropriate legal actions including cancellation of any or all your registrations with or without any notice to you in this regard.

Estatesowl reserves the right to screen messages that you may send to others through any of the Sites of Estatesowl. You will not use any information obtained from the Sites or its Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent.

In order to protect Estatesowl and/or its users from any abuse / misuse, Estatesowl reserves the right to restrict its use from you for such period which the Company deems appropriate in its sole discretion.

We also have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms or privacy policy of the Company.

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 ‘unauthorised user’ and will nevertheless be subject to abide by the terms and conditions and the privacy policy regulating the usage of our Sites, and expressly so with regards to respecting the intellectual property rights of the UPL and/or its affiliates.

The Site contains the copyrighted material, trademarks, and other proprietary information of Estatesowl and/or its licensors. Except for that information which is in the public domain or for which you have been given express permission by Estatesowl, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

3. Subscription Fees

• The Subscription Fee will vary on the type of subscription and/or Services availed and as offered by the Company. The Company reserves right to prescribe any amount for Subscription and also charge different subscription amounts for different class of Users.
• The applicable rate of the Subscription Fees for the Service availed shall be such as mentioned in the subscription page in the profile / user account section on the Sites or as may be communicated by the Company from time to time.
• Payment for the services offered shall be on 100% advance basis.
• Liability for the Subscription Fees shall accrue from the Date of Commencement.
• All individual Users who access or seek information on the Site for the purpose of buying property shall not be liable to pay any subscription fees for accessing any such non-restricted information.

4. Content

THE CONTENT OF ESTATESOWL IS PROVIDED “AS IS” AND ON AN                    “AS AVAILABLE” BASIS, WITHOUT ANY GUARANTEES, WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

The information and opinions available on the Sites are broad guidelines for general information of the user and are for illustrative purposes only. Every effort is made to ensure that the material is accurate and up to date and the content is not misleading / offensive or inappropriate. Occasionally there may be information or content on our sites or in the offer of Services that contains typographical or other errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or Sites is inaccurate at any time without prior notice (including after you have submitted your order). 

However, we do not guarantee or warrant the accuracy, safety, completeness, adequacy or currency (current status) of the information provided. We undertake no obligation to update, amend or clarify information in the Services or Sites, including but not limited to pricing information. No specified update or refresh date applied on Sites or in the Services should be taken to indicate that all information has been modified or updated therein.

Property descriptions and other information provided on our Site are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of prospective buyers/tenants/PG seeker to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents/sellers/brokers/builders/developers/listing publishers to ensure the accuracy and integrity of property descriptions provided on our Sites and in any other property particulars which are disseminated through Estatesowl. Any value estimates provided on our Sites are intended for general guidance and information purposes only and should not be solely relied upon for any commercial transaction or similar use. These estimates are based on publically available information which may be inaccurate or incomplete, and based on typical / local factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate.

Notwithstanding the generality of the above, please note that: 

• All descriptions, dimensions, references to condition and necessary permission for use and occupation, and other details are given in good faith and are believed to be correct, but no person/user, whether purchaser, potential purchaser, estate agent, advertiser, introducer or otherwise, should solely rely on them as statements or representations of fact, but must satisfy themselves by inspection or otherwise as to the correctness of each of them
• Specifications, amenities and services mentioned in the Sites are only representational and informative
• Commentary, descriptions, figures, calculations, model financial projections (including, where applicable, examples of possible rental income and yields), plans, images and representations are illustrative only
• Images and plans may include artist impressions and computer-generated images which are not to scale
• Changes to the property may be made during further planning or development stages or otherwise, and dimensions, fittings, finishes, ongoing costs and specifications and representations and any other aspect are subject to change without notice
• Measurements provided may be taken at the widest points of rooms, except on angled walls where the measurement is generally taken at the centre of the room.
• Apartment numbers are for sales purposes only and postal addresses may differ and 
• All journey times stated are approximate.

Note: No responsibility is taken for any error, risk, omission, inadequacy, inaccuracy or misunderstanding in the above particulars. We shall not be liable for any losses suffered as a result of relying on our value estimates.

The content on our Sites is not and should not be regarded as legal, financial, investment or real estate advice; users should make their own inquiries before making any decisions in this regard. None of the information available on our Sites is intended to be a substitute for independent professional advice and users are recommended to seek counsel from suitably qualified professionals such as surveyors and solicitors considering user-specific requirements & parameters and relevancy to individual circumstances. 

We along with our partner companies and their representatives, consultants and agents and business associates, accept no responsibility and do not make any representation and disclaim any warranty, guarantee, security and, to the fullest extent permitted by law exclude any liability for, any loss or special / indirect / consequential damage, cost or expenses incurred or which may be incurred, any negligence or tortuous action, whatsoever arising out of or related to the accuracy, safety, adequacy, ownership, currency or completeness of any information contained on our sites or for any action taken in reliance on such information by any person whether purchaser, potential purchaser, estate agent, advertiser, introducer or otherwise. 

We also do not make any representation and disclaim any warranty, guarantee, security, undertaking or terms either expressed or implied, statutory or otherwise as to the condition, merchantability, quality, adequacy, state of readiness or fitness of any property or services; non-infringement of third party rights; our server’s complete freedom from all computer viruses and any other violation of user rights regarding services, products, material or any other information or contents of Estatesowl. 

No person employed or engaged by or on behalf of our Company has any authority to make or give any representation or warranty whatsoever in relation to any property.                          Our sites content does not constitute any part of, an offer, contract, warranty or guarantee executed between users and any third parties.

A lot of content is uploaded by the advertiser and we do not filter or verify the same.                            If a complaint is made, we will take remedial measures as reasonably possible.                              The Company shall also reserve the exclusive right to cancel any content whatsoever from being published or reflected on its Sites or in any other mode. 

Views expressed by the Users are their own; the Company does not endorse the same and shall not be responsible for them. In case any inaccuracy or otherwise improper content is sighted on the website, please report it to us as detailed further below in this document.

The Company offers no guarantee or warrantees that there will be a satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Estatesowl are solely for the purposes of display of the property or advertisements of the products/services.

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Estatesowl does not endorse investment in any projects whatsoever including but not limited to those projects which have not received official sanction and which have not been launched by any recognised, authentic and/or credible Builder/Promoter; users dealing in any 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 UPL or any of its Affiliates. Further, nothing contained in Estatesowl should be construed as a recommendation to use any product, service, process, equipment or formulation.

Estatesowl is controlled and operated from India and we make no representation that the information posted is appropriate for any other location or will be available for use in other parts of the world. If you use Estatesowl from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

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. Estatesowl does not make any warranty or representation that a User in one region may also be able to obtain the Services as provided in another region. Information on Estatesowl may contain references to products, programs or services that are not announced or available in your region. Such references do not in any manner imply that Estatesowl intends to announce, launch or provide such products, programs or services in your region.

5. Third Party Platforms 

Our Sites may contain links to other websites or applications or ancillary digital platforms (collectively known as “Third party platforms”). The links to these Third party platforms or to any other services / resources supplied by third parties are provided for your information only. When you click on any of these links, you leave our servers and navigate to third party platforms and use of any information you provide is governed by the privacy policy and customer service policy of the operator of such platforms.  Browsing and interaction on any other website / application, including those which have a link to our Sites, is subject to the first mentioned websites / applications own terms and policies.  

We have no control over the contents of the third party platforms or any of the services / resources promoted by them. We assume no responsibility for the content of the platforms linked on our sites. Such links should not be interpreted as endorsement by us of those linked products / services. We will not be liable for any loss or damage that may arise from the use of such third party products or services or platforms. We also do not assume any responsibility or accept any liability for the content on websites that use the Estatesowl’s search functionality. We encourage you to read the privacy statements and terms and conditions of these third party platforms, which may starkly differ from ours before consenting to its terms of usage, supplying personal information or availing any services advertised therein.

6. Sharing of User Information

We use the information you have submitted to us along with the non-personal technical and demographic information collected to customise our services in order to optimize the user experience, to help you find the most relevant information related to your requirements and to keep you informed about the latest listings, developments and news, which may fit your search criteria.

We share the information of those who access our Services with our partner organizations / affiliates, who may proceed to advertise such products, information or services to you that might suit your requirements or interests.

Persons / users who provide us with their telephone numbers or e-mail address may receive alerts on telephone calls / text messages / e-mails or otherwise from the Company and its partners/vendors and sub-partners/sub-vendors with information regarding new products or services or upcoming events, seller/buyer contact information regarding a property enquired earlier and other promotional & service-related communication.                You hereby give specific consent to receive the telephone calls / messages or any such telecommunication related to our Services irrespective of the communication being disallowed through the Do Not Call Registry or such other data base. You also agree to receive such service related and promotional e-mails from the Company, with an option given to subscribe / unsubscribe (where feasible). 

We acknowledge that we have relationships with ad-servers to whom we allow to place ads on our Sites. As a result of your visit to our Sites, ad server companies may collect information such as your domain type, your IP address, clickstream information etc. 

If you do not want us to share your information with other companies or organizations, please reach out to us with a specific request in this regard, as detailed further below in this document. 

If you fill out a form / make an application or use any other contact forms available on our Sites to contact another user via our Sites, we may share personally identifiable information that you share with us and information about your use of our Services with the party you wanted to contact. This may include data you input such as property search criteria or Log Data that we collect about you while you use our Services. If anybody wants to contact you based on your non-personally identifiable log / technical information, we may contact you to see if we can make that connection. Sometimes, if we are working with a third party to optimize correspondences with our users, we may provide that third party with additional but limited personally identifiable information for the sole purpose of them carrying out their duty to us. By sharing the information, you agree to share your details to a third party also.

If you make a specific request using our Sites, you authorize us to share the personally identifiable information necessary for our partners to deliver the service. We do not permit them to use the information for any other purpose.

If you use our user-generated content services, like posting a question, answer or blog on our Website and / or mobile Application, social media accounts or any other forum; you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users by the virtue of it becoming public information and it could potentially be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. Further we are also not responsible for the comments or remarks posted by users in these forums and therefore we recommend you to perform your own diligence before interacting or relying on any such information.

We assert the retention of all data and/or information supplied by the User while using our Service for the exclusive use of the Company in accordance with service agreement with the User, notwithstanding any subsequent termination of the Agreement 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 unless anything contrary to the above is specifically put down in writing, following the termination or suspension of the Service to the User. 

The Company shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently. All information is accepted in good faith and Company accept no responsibility whatsoever regarding the authenticity of the User.

For further details on sharing and disclosure of user information, please refer                     Privacy Policy of the Company.

7. Disclaimers 

• UPL through Estatesowl is acting only as an intermediary offering its platform to advertise properties and services of a Seller/Service Provider for a Customer/Buyer/User coming on its Sites and is not and cannot be a party to or privy to or control in any manner any transactions between the Seller/Service Provider and the Customer/Buyer/User. All the offers and discounts on the Sites have been extended by various Builder(s)/Developer(s)/Users who have advertised their products and other service providers who have advertised their services. Estatesowl is only communicating the offers and not selling or rendering any of those products or services. Company is not responsible for any non-performance or breach of any contract entered into between Customer/Buyer/User and Sellers/Service Providers and such other listing publishers. Company cannot and does not guarantee that the concerned Customer/Buyer/User and/or Sellers will perform any transaction.                     At no time shall Company hold any right or title over the products/services nor shall Company have any obligations or liabilities in respect of such contract entered into between Customer/Buyer/User and Sellers/Service Providers and such other listing publishers. The Company neither warrants nor is it making any representations with respect to offer(s) made on the sites. UPL shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller/Service Providers/ other listing publishers and both such parties shall settle all their disputes without involving UPL in any manner.
• The Company does not facilitate or participate in any manner in the process of selling, buying, renting etc. of properties, and it is not responsible for any dealing, negotiations, transactions, etc. whatsoever between the parties connected through the Company’s Sites / Services, including and not limited to any quality assurance, guarantee, claim etc. given by one party to another in any transaction. UPL will not be party to any legal proceedings between parties contracted through such transactions which are mutually entered into by the user and the third parties. In case UPL is sought to be implicated in any legal proceedings, costs will be recovered from the party that names UPL / Estatesowl as a party to such proceedings.
• If there is any dispute between the Users/participants on these Sites, it is agreed upon by the Users/participants that Company has no obligation whatsoever to be involved in any such disputes. In the event that the User has a dispute with one or more Users and/or participants, the User hereby undertakes not to make any claims and/or demands and/or damages (actual and/or consequential) of any kind and/or nature whether known, unknown, suspected, unsuspected, disclosed and/or undisclosed, arising out of or in any way related to such disputes and/or our service against                    the Company and/or their officers and/or employees and/or agents and/or successors.

• The Company not give any kind of assurance / guarantee on the volume of leads and the quantum of business which will be generated by the User.

If you are a real estate business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. If you are a regular user, please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

• The Company is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the products / Services availed by the User from any third parties on or beyond the platform / sites of Estatesowl. For any third party product or service which customer/user may buy through Estatesowl, the Customers/Users of such products / services shall take full responsibility to deal with the respective third party vendors at their own risk, cost and liability.
• Company will not be liable for any time difference arising between a message released through a gateway / server and such message finally reaching the intended User from the concerned sender.
• The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default by the User of any nature regarding the same.
• In case a visitor to the portal is desirous of conducting a project site visit of the property they are interested in, it shall be the sole liability and duty of the Advertiser / seller user to arrange for such project site visits. The Company shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to any non-fulfilment by the Advertiser / seller user in this regard.
• The Company has no intention of violating any intellectual property or ancillary rights. If there is any violation, we request that the same to be promptly brought to our attention.
• It is not the Company’s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that may be inserted and/or made available or transmitted to a third party in or through Estatesowl and the User acknowledges the same. The User however acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend and/or terminate and/or delete and/or amend any artwork, materials and/or information and/or content of any data and/or information and/or posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral or ethical obligations as placed on the Company and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting on Estatesowl and/or the internet.
• The Company is not involved in any transaction between any parties who are using our Sites. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Sites are only a venue and the Company generally does not screen and/or censor and/or otherwise control the listings offered to other Users, nor does Company screen and/or censor and/or otherwise control the Users of its services. Company cannot and does not control the behaviour of the participants on the sites. We cannot control whether or not Users of Estatesowl will complete the transactions they describe on our Sites. It is extremely important that the User takes care throughout their dealings with third party(s) and/or other Users on these Sites. Company does not accept and/or assume responsibility for the content and/or context of the User posts.
• UPL does not take responsibility or liability for the actions, products, content and services on the Sites, if any, which are linked to Affiliates and / or third party websites using APIs or otherwise. The Company will not be liable for damages of any kind arising out of or relating to the use or the inability to use the third party’s Website and / or Mobile Application or other platforms, 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, any intimation or advises were given of the possibility of such damages. You agree to defend, indemnify, and hold harmless,               UPL and / or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, the indemnification including without limitation reasonable legal and accounting fees, alleging or resulting from your use of any third party material or your breach of these terms and conditions or any applicable law or regulations.
• In no case shall the Company, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any information / content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Sites of Estatesowl, whether or not advised of its possibility.
• UPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User’s data/information. Our Sites / applications are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom.    We may need to make the Site unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of Service.
• UPL shall not be responsible for any problem or technical malfunction of any 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 User or to any other person’s computer related to or resulting from participating or downloading materials/information from our Sites. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or your downloading of any content on it or on any website linked to it.
• We do not guarantee that our sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our sites. You should use your own virus protection software.
• We accept no liability for any interruption of Service or loss thereof. Further we do not warrant that any of the websites / applications linked to our sites will be free of any operational hazards or error nor that they will be free of any virus, worm and/or any other harmful components. 
• We make no warranty that the Services on its sites or any third party platforms shall meet User’s requirements and that the Services shall be uninterrupted and/or timely and/or secure and/or error free.
• Estatesowl has endeavoured to ascertain the availability of and accessibility to details with respect to the registration status in relation to the property / project’s compliance under Real Estate (Regulation & Development) Act, 2016 (“RERDA”). The advertiser / listing publisher is hereby obligated to provide RERDA registration number for promoting a RERDA registered project in terms of the provisions of the Real Estate (Regulation & Development) Act, 2016. Estatesowl is merely a platform for advertisement and does not endorse the project or confirm the veracity of the details provided in the advertisement.
• UPL neither endorses any of the opportunities that appear on its Sites nor makes any recommendations regarding the same to any Investor. Prospective investors are not to construe anything on the sites as an investment, business, legal or tax advice and the content contained herein does not constitute an offer by UPL to sell, solicit or make any offer to buy an investment interest. Any information made available from our sites or from any links to our sites, does not represent a solicitation of an offer to buy or sell any property. It also does not constitute an offer to provide any investment                     advice/service/assistance on particular investment or transaction. Direct and indirect purchase of real property involves significant risk and investments may lose value and such risks are not insured by any Governmental Agency nor are they guaranteed by UPL. It is the responsibility of the recipient to verify the integrity and authenticity of the information made available before making any investment.
• There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy, safety, reliability and/or quality of any information transmitted and/or obtained through the use of the Sites / Services of Estatesowl. The User understands and agrees that any information and/or material and/or goods and/or services obtained through our Sites is done at User’s own discretion and risk and that User shall be solely responsible for any damage/s and/or cost and/or any other consequence/s resulting from any transaction. No information, whether oral and/or written, obtained by the User from Estatesowl and/or through and/or from the Services shall create any warranty not expressly stated herein. In case the there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. 
• The Company shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently. All information are accepted in good faith and Company accept no responsibility whatsoever regarding the authenticity / genuineness of the User,  nor can any private information is liable to be granted by the Company such as interviews and/or correspondence entered into regarding any advertisement published.
• UPL 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. UPL does not store any Credit / Debit card details. Any other personal and sensitive Personal Data shared by you which is not asked by UPL during registration, either mandatorily or optionally; accounts to wilful and intentional furnishing; and UPL will not be liable for breach of such information.
• WE ARE NOT RESPONSIBLE FOR THIRD PARTY PRODUCT / SERVICES / CONTENT, SO USE THEM AT YOUR OWN RISK. IF YOU USE ANY OF THE THIRD PARTY’S PRODUCT, SERVICES AND/OR CONTENT ON THE COMPANY PLATFORM, YOU PERMIT US TO SEND YOUR DATA TO SUCH THIRD PARTIES. YOU AGREE THAT WE DO NOT PROVIDE A WARRANTY AGAINST ANY THIRD PARTY SALE OR SUPPLY TO YOU, AND HENCE YOU ARE ADVISED TO PROCEED WITH APPROPRIATE CAUTION.
• YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCTS OR SERVICES MAY BE AVAILABLE ON OUR SITES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY OTHER PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S / MERCHANTS PRODUCTS, SERVICES OR CONTENT.
• THE COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO EITHER THE TOTAL AMOUNT OF FEES AND/OR CHARGES OR SUCH FEES/CHARGES FOR THE PERIOD IMMEDIATELY PRECEDING TWO (2) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE RELEVANT CLAIM, AS PAID BY THE USER TO THE COMPANY’S SITES, WHICHEVER IS LOWER.

8. User – Acknowledgments, Obligations, Restrictions, Prohibitions & Indemnification

Acknowledgments & Obligations

• To provide accurate, complete and correct registration data on initial application for accessing the Sites and/or availing the Services. The User agrees that any data entered on the Sites will be subject to mandatory verification process by the Company.                  We may verify the registration Data provided by you through our own sources, digital means and/or by asking documentary proof for any such information submitted by you during registration or thereafter. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the sites and/or services (or any portion thereof) of Estatesowl.
• Any and all 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/her 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 Sites / Services.
• The User shall promptly make the payment of the Subscription Fees to the Company, as and when it becomes payable.
• The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred while using the Sites / service(s).
• The User shall be solely responsible for all information retrieved, stored and/or transmitted by them.
• User agrees to treat all information obtained from the Sites, including listings, member directory, and any information otherwise made available to User in the Services (“Content”) as owned or licensed by Estatesowl. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret / proprietary information of Estatesowl.
• The User shall be responsible to keep the User’s password and user identification and all activities and transmissions performed by the User through his user identification, confidential and not disclose it to any person to safeguard from unauthorised access. 
• The User shall be responsible for all the activities that are posted, displayed or transpire in their user account.
• The User shall ensure to exit / log-off from the account at the end of each session on any of the sites used. 
• 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.
• User hereby declares that they are fully aware that the online advertisements placed with Estatesowl shall be reflected within such reasonable time i.e. 48 hours and the user agrees to such stipulated processing. The Company also does not accept any liability for any delay in the uploading such listings or any other information posted by the User and a complaint is advised to be raised with the Company in case of any delay or discrepancy thereby.
• The User agrees that any data entered into the Sites can and shall be saved, used and/or commercially exploited by UPL and as deemed fit by it. The User hereby agrees and irrevocably authorizes that the Company has the right to use the user information for the Company’s own purpose, use any data and/or 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, as further detailed in the Privacy Policy.
• The User will indemnify UPL for any action or claim committed/made by any third party resulting from any information posted on the Sites by the User and/or anybody else on his behalf and account.
• The User is solely responsible for any data entered on the Sites. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Company however shall endeavour to use the best industry practice, of weeding out all wrong data / false data entered by the User and undertakes to withdraw all such data within reasonable time at its discretion or after verifying the complaint received in this regard. 
• The User gives to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in the User’s listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by the User on the sites of Estatesowl with the exception of trading data, credit / debit card numbers, checking account numbers, etc. The User Data shall be deemed to be the property of Estatesowl.                  The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading / derogatory / offensive in any way.
• User of the Sites agrees to indemnify and keep UPL indemnified from any wrong/false data entered into or posted on the Sites by the User and/or anybody else on their behalf and account; and the user hereby warrants and covenants that all data entered into the Sites is true and correct and the User has all rights to list the said properties and/or post such information, being exclusively belonging to them or used with the express permission of the rightful owner / third party. 
• User agrees that all the details of the properties listed on the Sites as shared by the them is current, up-to-date and accurate, including but not limited to the location, property specifications and price.
• User may access the listings/advertisements in the Services solely to obtain initial information from which further evaluation and investigation is advisable to be commenced by the User at their own cost.
• The User is responsible for setting up and/or configuring their equipment, device, information technology, computer programmes and/or platform in order to access our sites. The User should use their own virus protection software to safeguard their systems / device from potential risks. 
• We endeavour to display good quality content on the Sites for the Users.                               For this purpose, we may decide to review the content of every listings provided by the user before it is made live on the Sites and we also reserve the right to remove content that does not meet our quality parameters.
• Estatesowl may decide to assign a listing / seller score to a user based on quality of listings and their conduct/interaction with other users. The user also agrees to grant a license to Estatesowl to display the listing / seller score to other users on any of its sites.
• Users of our Sites shall be encourage to rate the services of other users. The Company shall have the right to display, at its own discretion, the reviews and ratings provided by the users.
• We urge the Users to proactively inform the Company within 7 days upon successful completion of the transaction with another user which has been facilitated through the sites of Estatesowl
• Any listing and/or content provided by the user may be removed from the Sites after such time period as the Company deems fit to ensure only active listings and reasonably latest and accurate content is shown to the users of Estatesowl;

Restrictions & Prohibitions

• User is restrained from allowing any person(s) other than the authorized person named in the application form to use the Service. The User shall use the Service only for the purpose for which it is subscribed.
• Submissions and unauthorized use of any information(s)/materials contained on Estatesowl 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. The users / posters are solely responsible for their actions or the actions of any person using their user name and/or password.

• User also agrees not to make any unauthorized commercial use of the Services. User shall limit access 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 that is obtained from the sites / Services, or that is otherwise made available to User in the Services, for or in connection with any other listing/advertising site, application, Service or device. User further shall not use the Services provided by the company in any other manner for or in connection with any other listing Services or device. Users violating these specific terms, especially those Users using the Sites / Services for searching in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership/registration without notice.
• The User undertakes not to resell or assign their rights or obligations under these Terms of Use.
• The User shall comply with all applicable laws (and shall not contravene any applicable law) of India and/or any other law which may be applicable in their jurisdiction, including any regulation made thereto in related to the Sites / Services of Estatesowl.
• The User agrees not to make use of anyone else’s information other than as necessary to complete any transactions in which User is involved.
• The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on the Sites except such data and information which are posted by their own selves.
• The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
• The User shall not use the Service for anything unlawful, unethical, immoral, fraudulent and/or criminal.
• The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, sexual, obscene, sexist, defamatory or menacing nature.
• The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat and/or harassment and/or annoyance and/or anxiety and/or any other inconvenience of any nature to any person.
• The User shall not violate, or attempt to violate the security of the Sites and/or any links/web sites linked to Estatesowl or gain un-authorized access of any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication of any system / device.
• The User hereby confirms that the Content posted by the user on the sites does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized and including termination of your rights to access or use the service and any other remedies available to Estatesowl by law;
• The User not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any server, computer, network, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.
• The User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or its Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Sites. The Company reserves its right to bar any such activity. 
• The User cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE’s, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with Estatesowl and/or its users unless specifically permitted by Estatesowl
• The User shall be prohibited to introduce, or post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or the Sites network system.
• The User shall not 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 Estatesowl, overloading, Flooding, mail bombing or crashing; or misuse our sites by knowingly introducing viruses, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
• In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations.                          The Company reserves the unilateral right to suspend and/or deactivate the User’s access to the Sites / Services and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available with the Company, the Company shall have the right to recourse to any other legal remedy against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
• The User shall avail Sites / Services on Estatesowl or any other linked sites for lawful purposes alone. Transmission and/or distribution and/or storage of material and/or conduct in violation of any applicable local and/or state and/or Central and/or foreign law and/or regulation and/or export control law is prohibited. This includes without limitation any unauthorized use of material protected by patent and/r copyright and/or trademark and/or other intellectual property right, material that is obscene and/or defamatory and/or libellous and/or constitutes an illegal threat, and/or violates rights of privacy or publicity. The User may use the information on our sites only to the extent necessary to facilitate the related transactions.
• The Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the sites of Estatesowl. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
• The Company also prohibits the use of another internet service to send or post SPAM to drive visitors to your sites / applications hosted on or through the sites of Estatesowl, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
• The User shall not engage in advertising to, or solicitation of, or harass any other Users of the Sites to buy or sell any services, including, but not limited to, services related to that being displayed on the Sites or related to Estatesowl.
• Usage of Estatesowl to upload content showing area in non standard units or which enables targeting or debarment of any religion/community/caste/race is prohibited. 
• The User agrees that the Content posted does not necessarily reflect Company views. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. The user hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
• The User specifically agree that they shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that –

• Belongs to another person and to which the user does not have any right to;
• Is grossly harmful, harassing, blasphemous defamatory, sexual, obscene, pornographic, paedophilic, libellous, sexist, 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;
• Impersonates 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
• Any Content and/or comment/information uploaded by User on the Sites which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company’s Sites/ Services/computer resource, the Company has the right including but not limited to immediately terminate the access or usage rights of the User to the said Services and Sites and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

9. Indemnity & Liability of the Company

Each User agrees to indemnify, defend and hold harmless the Company and its associates / affiliates including but not limited to its (and its associates / affiliates’) officers, directors, consultants, agents, licensees, business partners and/or employees (individually and collectively referred to as “Indemnities”) from and against any and all losses, liabilities, claims, damages, actions or demands, costs and expenses (including but not limited to reasonable legal and accounting fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such User pursuant to these general Terms of Use. Further, each User agrees to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, such User’s use of the Sites or Services, User’s violation of the Terms of Use / Privacy Policy of the Company, or User’s violation of any rights of another, including any intellectual property rights or breach of any applicable law or regulation.

UPL will not be party to any legal proceedings between parties contracted through the Sites / Services of Estatesowl. In case UPL is sought to implicated in any legal proceedings, costs will be recovered from the party that names UPL as a party to such proceedings. UPL shall sincerely endeavour to abide with any court order or show cause notice or any other statutory / regulatory direction served on it through due process.

User hereby releases and agrees to indemnify, or at its option 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, Sites and/or User features infringes 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 made 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 information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defence and settlement of such claim. The User should join in defence with counsel of their own choice and at their own expense, subject to the prior consultation with 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 Estatesowl or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be applicable to full payment by the indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor i.e. the Company

In no circumstances will UPL and/or Indemnities be  liable to the Users or any third party for  any special, incidental, indirect, consequential or punitive damages whatsoever or other damages of any kind arising out of or relating to the use or the inability to use Estatesowl, its sites, content, links or services and/or services provided by third parties, 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.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of UPL (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon UPL.

The limitations and exclusions in this clause shall apply to the maximum extent permitted by applicable laws.

10. Confidentiality

• For the purpose of this Agreement, policies 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/property or to a party (the “Disclosing Party” herein the Company ) or any other members of the Disclosing Party’s group of  affiliates (including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come 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 / affiliates 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 or 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 authority.
• 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 will be kept confidential pursuant to the terms of this agreement and the privacy policy of the Company.
• The User has access to only their own data and information stored in the database of Estatesowl (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, contact number etc.) voluntarily revealed by the User in chat, any non-restricted publicly available or forums / 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, control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.

11. License

You hereby grant the Company and its affiliates a worldwide, royalty free, non-exclusive, irrevocable license to use, display and archive your Listings on any and all websites, applications, social media or other platforms owned or operated or controlled, whether in whole or in part, by the Company.

12. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our sites, and in the materials published on them. You acknowledge and accept that all of the copyrights, trademarks, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of our sites are the property of Estatesowl i.e. UPL or our licensors, information providers or contributors and we reserve all our rights in such intellectual property. No part of our sites, their content or any of their underlying software and databases may be copied or reproduced, shared with third parties, reverse engineered, reverse assembled, or used to create any derivative work (whether in physical or electronic form) without our prior written consent.

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Sites trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, layout, designs, and graphics created for/by and developed for/by the Sites and other distinctive brand features of the Sites are the property of the Company. Furthermore, with respect to any of the Sites of the Company, the Company shall be the exclusive owner of all the designs, graphics, layout and the like, related to such Sites.

All lawful, legal and non-objectionable messages (in the sole discretion of Estatesowl), content and/or other information or material that you post on the forum boards shall become the property of Estatesowl. We reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;

UPL respects the Intellectual Property Rights of all; it has and will continue to adhere to all the laws applicable in India in this respect. UPL 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(s) are found to be using Estatesowl as a platform to infringe the Intellectual Property Rights of others, UPL will be free to terminate this Agreement forthwith without any notice to the user.

13. Rent and PG Agreement – General Disclaimers

• UPL is only a facilitator between the Parties and not acting as an agent of any of the Party and/or not providing any opinion/consultancy in evaluating the appropriate stamp duty on the lease agreement/rent agreement. The transaction between the User and the Company is on principal to principal basis.
• Company is not providing any opinion on the applicable laws on the lease deed / rent agreement;
• The User while evaluating the appropriate stamp duty in all cases must seek independent legal advice. The User is responsible for the execution of any lease deed / rent agreement, payment of stamp duty and is required to follow relevant stamp laws of the State in India where the property is situated.
• Company has not verified or has given any opinion as to the title of the owner of the property and/or condition of the property and User/Customer has approached the Company only after its own verification and due diligence as to the title of the property and/or condition of the Property;
• Company is not, directly or indirectly, selling stamp papers to any person but only providing facilitation for the completion of the transaction;
• Company shall not be held responsible in case of any dispute between the Parties and the User/Customer shall indemnify the Company in case the Company suffer any loss/liability in this regard;
• Company is not, under any circumstances, directly or indirectly responsible for the advice, assistance, products or services provided by any service provider / third party.
• Company will not be responsible in case of any issues/discrepancies with such directions, products or Services provided by any lawyer or any other service provider.
• User/Customer/Parties shall be responsible for any rent/security deposit/tax/duty or any other liability which is due to be paid to/by any concerned party / regulatory body related to the transaction and the user/customer shall indemnify the Company in case the Company suffers any loss/liability in this regard.

14. Payment & Refund clause

• Payment for services once subscribed to, by the subscriber, is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the Company only.
• User acknowledges and agrees that the Company at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to the Company under any other agreement or commercial relationship towards other products/services. UPL also gives no guarantees of server uptime or applications working properly during the process of payment or refund,              all procedures are on a best effort basis and liability in such a case will be limited to refund of that particular transaction amount only. UPL undertakes no liability for free Services.
• The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching to the Subscribers debit/credit cards or bank accounts.                                 This is on account of the multiplicity of organizations involved in processing of online transactions, the problems which may arise from the Internet infrastructure currently available and working days/holidays of financial institutions.

• For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on a pro-rata basis, considering the usages of the services. Customer agrees that the refund process would take at least 30 days after the complete documentation has been received by the Finance team for processing such refund.
• For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.
• Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User or any prior agreements in this regard.
• The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, they shall first make the payment towards the Subscription Fees accrued and the resolution will be subject to the decision of the Company on the dispute. In the event of the Company deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User, without any interest.
• Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
• Payments made to the Company through IOS app shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.

15. Discontinuation or Modification of Services

• The Company reserves the unilateral right to add to/and/or change and/or delete and/or end the Service at any time with or without notice to the User. However for paid services, 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.

16. Maintenance & Upgrade
    

The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate, restrict and/or  suspend the Services or the User’s access to Estatesowl and its Sites (as the case may be) without notice to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or any other related work for the up keep of its Sites.

Without prejudice to any other provisions of this Agreement, the Company shall be absolved from any liability for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, and no fees and/or charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation and/or suspension.

17. Termination

• Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
• It shall be at the discretion of the Company that the above period of notice i.e. 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
• However, the Company irrespective of clauses above, may terminate this Agreement with immediate effect or restrict the User’s use or access to Estatesowl, without prior notice to the User and without assigning any reason/s whatsoever including but not limited to the following circumstances:

• if in the opinion of the Company, its judgement or perception, the user has violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law or the User has breached any of the terms and conditions of this agreement and/or any plausible occurrence of imminent breach of any law
• if in the opinion of the Company and/or any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason
• if the User is declared incompetent to contract or bankrupt and/or the User enters into any compromise or arrangement with its creditors

• If the Agreement is terminated pursuant to any of the clauses mentioned above, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination.
• The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of such relevant Date of Termination.
• Termination or expiration of this Agreement, in part or in whole, is without any prejudice to any/all other rights applicable and shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all the charges / fees that are due and accrued under this Agreement pursuant to the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.

18. Suspension of Service

• If any monies payable by the User to the Company are not paid on the due date, the Company may suspend the Service provided to the User without prejudice to any other rights or remedies that may be available to it.
• When the Services, 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 up to the date of such suspension / termination.
• Upon subsequent payment by the User of such monies as demanded by the Company, the Company at its discretion and subject to such terms as it deems proper,                     may restore the Service suspended / terminated earlier.
• We also reserves the right to suspend the service if the user does not satisfy the quality and conduct guidelines referred in Terms of Use or Privacy Policy or if the listing / seller score is below a certain threshold limit determined by the company from time to time.

19. Company’s Rights on any violation by the User
    

In the event of violation any terms/polices contained herein, the Company in its sole discretion may pursue any of the legal remedies applicable and may take any action in this regard, including but not limited to the immediate deletion of any offending material from its site, and/or cancellation/restriction of user account, and/or the debarment of any person(s) who may have violated any Terms & Conditions and the Privacy Policy of the Company. 

Company can also pursue violators with claims that they have violated any criminal and/or civil law provisions as applicable under the relevant rules and regulations of the land. Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available or applicable to it.

Estatesowl will cooperate with any investigation undertaken by any competent                 Central and/or State and/or local body and/or any court and/or tribunal. Such cooperation may be without notice to the User. If Company, at its sole discretion, believes that any advertisement and/or services may create liability for the Company, the Company may take any actions that it believes to be prudent or necessary to minimize and/or eliminate its potential liability, including but not limited to, the release of User information.                       THE COMPANY RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE AT ANY TIME, AND/OR TO REMOVE ANY LISTINGS AND/OR ANY ADVERTISEMENTS FOR ANY REASON, AND WITHOUT NOTICE.

20. Governing Law and Jurisdiction

• This Agreement and any dispute or matter arising from incidental use of Estatesowl is governed by the laws of India and the User and Estatesowl hereby submit to the exclusive jurisdiction of the courts at Lucknow, Uttar Pradesh, India, irrespective of the territory and jurisdiction of the user’s access to Estatesowl.
• UPL does not routinely monitor the user’s postings to the web site but reserves the right to do so. However, if UPL becomes aware of an inappropriate use of Estatesowl or any of its Services, UPL will respond in any way that, in its sole discretion it deems appropriate. You acknowledge that UPL 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, UPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
• User(s) are expressly required to indicate property area in standard unit of measurement as per Legal Metrology Act, 2009 i.e. base unit of length shall be meter. User(s) agree to the usage and compliance of the said Law. The Company shall not be liable for any infringement of the said Law by the User(s).
• Project developers or builders and Real Estate Agents, are required to comply with rules, regulations and guidelines of Real Estate (Regulation & Development) Act, 2016 (“RERDA 2016”, “Act”) and obtain necessary registration under the said Act.                           It is mandatory for Project developers or builders and Real Estate Agents or other sellers to disclose on the Sites, all material and requisite information as required under the Act. We do not guarantee that Project(s) or the Builders or Real Estate Agents or any other required party has registered under the Act or are compliant with the same. In no event will the Company be liable for any claim made by the Users including seeking any cancellation for any of the inaccuracies in the information provided on our Sites.
• It is recommended and advised to refer to the respective RERDA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERDA Act 2016) developed or built by a Developer/ Builder and/or initiated / referred to by a Real Estate Agent, before making any Buy/Sell or any other real estate related decisions. Estatesowl neither makes  representations nor gives warranties of any kind, express or implied, about the completeness, accuracy, safety, reliability or suitability with respect to the information, services or related information provided by Developer/Builder/                                                Real Estate Agent/Promoter/Seller on its Sites with respect to any property or project.

21. Arbitration

If any dispute arises between a user/users and UPL arising out of use or access of our Sites or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions or privacy policy or any services provided by the Company, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by UPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Lucknow, Uttar Pradesh, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

22. Severability of Provisions & Waiver
    

This Agreement between you, the user and UPL governs your use of Estatesowl.               If any provision of these terms of use or part thereof is inconsistent with or is held to be invalid/void or defective by or under any law, rule, order or regulation of any Government or by the final adjudication of any court / tribunal, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms of use contained herein.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provisions, and the other provisions herein shall remain fully operational.

The failure of UPL to exercise or enforce any rights or provisions under these terms of use shall not constitute a waiver of its right to enforce such rights or provisions subsequently. 

23. Amendments / Updates / Changes

The right to amend, vary, or change the terms of use contained herein and the Privacy Policy at any time exclusively rests with the Company.

UPL may amend/modify these terms of use and the privacy policy at any time, and such modifications shall be effective immediately upon posting of the revised versions of the same on the sites of Estatesowl. You may review the updated terms of use / privacy policy as amended/modified from time to time to be aware of such revisions and your continued access or use of the sites of Estatesowl, shall be deemed to be conclusive proof of your admission of the said revisions.

Please periodically review the latest Terms of Use, Privacy Policy and any other stipulations posted on the Sites as it will be binding on you and will constitute your acknowledgment and agreement to the amended provisions.

24. Privacy Policy

Estatesowl respects the privacy of its users and is committed to its protection.                    

The information management, processing and disclosure are subject to the Privacy Policy of the Company. We request the Users to carefully review the same in order to continue accessing our services.

Click here to read the Privacy Policy

25. Grievance Support

All notices (a) if sent to the User – will be sent to the address identified on the Application Form and (b) if sent to the Company to such address as given below.                      All invoices and payments, legal notices, and any other correspondences shall be sent to the email address or the mailing address of the Company as specified herein. Notice shall be deemed given upon receipt when delivered personally and upon receiving acknowledgment / written verification of receipt from overnight courier or any other verifiable digital means as applicable.

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms should be immediately informed to the Company via writing or through email. Any grievance so received by the Company shall be resolved as soon as reasonably possible.

Email Id: support@estatesowl.com. 

Contact Address:

Urbancolonisers Private Limited

C/O Anand Mohan Verma, 
Shastiya Vihar Colony, 
Lucknow – 226025
Uttar Pradesh, India