Terms & Conditions

I. Defined Terms:

Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:

• "Agreement" Shall mean and include all activities carried out by the User on www.PrabhadeviProperties.in which includes listing properties, personal information, contact details, availing the search option and property requirement details posted by the User on www.PrabhadeviProperties.in and the terms and conditions stated herein. It shall deemed to have been executed at Bangalore, India. These terms of use (Terms) constitute a legally binding agreement between you and PrabhadeviProperties Services Pvt. Ltd. (the "Company") regarding your use of the web site i.e. www.PrabhadeviProperties.in (the "Site") and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise and any other online/ offline services of the Company which are availed by the User (the "Service"). By accessing the Site or Service, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the Company, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's undertaking with the Company accepting the Terms on behalf of you.

• "User" or "You" means any person who access or avail this site and/or services 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 site and/or services of the Company.

• "Company": Is defined as PrabhadeviProperties Services Pvt. Ltd. an existing Company under the Companies Act, 1956 and having its registered office at 3rd Floor, Earthen Phoenix, 10th E' Cross, Sanjeevappa Layout, Nagavarapalya, C V Raman Nagar, Bangalore 560093, along with its unit for the Company’s website www.PrabhadeviProperties.in

• “Service Fee”: By submitting/ listing a property on www.PrabhadeviProperties.in, the User agrees to pay PrabhadeviProperties Services Pvt. Ltd. the applicable brokerage/ real estate agent’s fee/ service fee as agreed between the user and PrabhadeviProperties Services Pvt. Ltd., on finding a suitable tenant/ buyer/ seller for the said property.

For any joint development projects, the fee would be applicable as per agreement between the owner and/or developer and PrabhadeviProperties Services Pvt. Ltd.

• “Property Data”: Is the database of all the particulars and information supplied by the User on initial property listing, including but without limiting to the User' s name, telephone number, mailing address, email address and property detai

ls.

• Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.

• “Services”: Means the Services to be provided by the Company to the User of www.PrabhadeviProperties.in and shall include the provision of following facilities:

1. Service to the Users wishing to post their profile or listing for the purpose of sale/rental/purchase/joint development of properties and/or any other services provided by the Company.

2. Service to the Users who wishes to secure a property through www.PrabhadeviProperties.in, its Internet links, social media network and/or on ground support

3. Service to the Users who wishes to insert advertisements at www.PrabhadeviProperties.in

4. Service to the Users who wishes to receive advertisements and promotional messages on www.PrabhadeviProperties.in and through emails.

• “PrabhadeviProperties.in”: Is defined as the Internet web site of the Company at www.PrabhadeviProperties.in

• ”User": Is defined as an individual or corporate subscriber for the Services and includes his successors and permitted assignees


II. Payment

• Where Service Fee accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.

• The Service Fee shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Service Fees accrued subject to the decision of the Company on the dispute.

• Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest @ 24% on the outstanding amount from the date the payment became due until the date of final payment by the User.


III. Obligations of User/Subscriber

• The accuracy of the Data given to the Company on by the User, shall be the sole responsibility of the User.

• Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.

• The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.

• The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Company’s services.

• The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.

• The User shall keep confidential and not disclose to any person all/ any data submitted on www.PrabhadeviProperties.in or through any other mode of communication with the Company, including all activities and transmission performed by the User while availing of the services of the Company

• The User shall immediately notify the Company of any un-authorized use of the data submitted or any other breach of security known to the User.

• The User shall promptly make the payment to the Company towards the Service Fee as and when it becomes payable.

• Once the user engages the services of the company to identify any property for purchase/ sale/ rental from the Company’s database and the User has been provided the details of the property and/ or viewed the property through the Company, the user shall be liable to pay the Company the applicable service fee/ brokerage/ real estate agent’s fee on closure of the deal irrespective of closing the deal directly or a third party without the involvement of the Company

• The User shall be responsible for the set-up or configuration of their IT equipment for access to the Service.

• In case the property/ data submitted by the User already exists in the Company’s database, the company will accept the property only from the source who has submitted the property first. In such an event the User, if a property agent or broker will not hold the Company liable to pay any service fee/ brokerage/ real estate agent’s fee for the said property. The Company will be free to charge service fee/ brokerage/ real estate agent’s fee to the other party directly, if applicable.

• The Company shall reserve the exclusive right to cancel/ delete any content whatsoever from being published or reflected on its website or in any other mode.

• The User will indemnify PrabhadeviProperties Services Private Limited for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.

• “PrabhadeviProperties does not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). PrabhadeviProperties however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaints should be addressed by email to info@PrabhadeviProperties.in

• “The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by PrabhadeviProperties as deemed fit by them”.

• “User of the website agrees to indemnify and keep PrabhadeviProperties indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs to the User.


IV. Prohibited Actions

• The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.

• The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

• 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 www.PrabhadeviProperties.in except such data and information which is posted by the particular User himself.

• The User shall not use the Service for any unlawful purpose including without limitation any criminal purposes.

• The Service shall not be used to publish any content or messages, which are offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.

• The User shall be prohibited if they persistently send messages or make postings on www.PrabhadeviProperties.in to any other User or third party who access www.PrabhadeviProperties.in without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.

• The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.

• The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to www.PrabhadeviProperties.in with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of www.PrabhadeviProperties.in. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.

• User agrees not to make use of anyone else's Information other than as necessary to complete any transactions in which you are involved.

• The User shall not violate, or attempt to violate the security of www.PrabhadeviProperties.in and/or any web sites linked to www.PrabhadeviProperties.in or gain un-authorized access to any information regarded as private by other Users 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.

• The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or www.PrabhadeviProperties.in network system.

• 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 or/and deactivate the User's access to www.PrabhadeviProperties.in the Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to any 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 Users shall avail the Service on www.PrabhadeviProperties.in or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.

• Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the www.PrabhadeviProperties.in site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.

• Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through www.PrabhadeviProperties.in site, 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.

• You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -

o Belongs to another person and to which you do not have any right to;

o Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

o Harm minors in any way;

o Infringes any patent, trademark, copyright or other proprietary rights;

o Violates any law for the time being in force;

o Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

o Impersonate another person

o 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

o Any Content and/ or comment/information uploaded by User/You on the Site 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 Services/Site/computer resource, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site 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.


V. Prohibited Activities

1. As a critical and material condition for your use of our Services and Site, you agree and undertake that you will not at any time, directly or indirectly, do or permit to be done all or any of the following.

a. Probe, scan or test the vulnerability of system or network of our Service or Site; >
b. Restrict or inhibit any other User from using and enjoying our Services or use the Site or any of the services thereto;
c. Engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability;
d. Distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind;
e. Post, send, submit, publish, or transmit proprietary material of any third party without their consent;
f. Access, tamper with, or use non-public areas of the Service, Virtual Storage, shared areas of the Service, shared areas of the Service you have not been invited to, Company’s (or our Service Provider’s) computer systems;
g. Access or search the Services by any means other than our publicly supported interfaces;
h. Impersonate or misrepresent your affiliation with any person or entity;
i. Send altered, deceptive or false source identifying information, including “spoofing” or “phishing”;
j. Violate any law or undertake any activity on our Site that could upon the occurrence of a third party action or omission violate any law;
k. Advertise any commercial endeavor or otherwise engage in any commercial activity except as may be specifically authorized by Company;
l. Solicit funds, advertisers or sponsors;
m. Post, send, submit, publish or transmit programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
n. Violate or attempt to violate, the security of the Site;
o. Use our Site or the Services to infringe the intellectual property rights of others in any way;
p. Use our Site or the Services or make any attempt to penetrate, modify or manipulate our Site or the Services or any of our hardware or software in order to:
i. invade the privacy of, obtain the identity of, or obtain any personal information or documents concerning (including but not limited to IP addresses of) any of our Site account holder or user, or
ii. modify, erase or damage any information contained on the computer of any user connected to the Services;
q. Reverse engineer any portion of the Site or Services or any applications or software used therein or in relation thereto;
r. Co-brand this Site unless implicit permission to co-brand as per the Company’s branding guidelines has been granted;
s. Frame this Site; or
t. Hyperlink to this Site, without express prior written permission of an authorized representative of our Company; or
u. Assist or permit any persons in engaging in any of the activities described above. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impressions that such other party has the right to display, publish, or distribute this site or content accessible within this Site.
2. You agree to cooperate with us in causing any unauthorized use, co-branding, framing or hyper-linking to immediately cease.
3. If you violate any Terms and Conditions, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately delete any and all data that you have entered, without assigning any reasons.
4. You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to our Site or Services without notice and for any reason (including, without limitation, for violation of these Terms and Conditions).
5. The Company reserves and you hereby grant the Company an irrevocable right to monitor use of the Site (including User Information and User Content) solely to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any information for any reason or suspend your access of our Site for any reason. Notwithstanding those rights, you remain solely responsible for the authenticity of the content submitted by you to our Site or for access of our Services and we have no obligation to monitor any information on your use of our Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, shares, or any other information or actions you may be able to access or perform using our Services.
6. You acknowledge and agree that neither Company nor any third party, utilized by the Company to provide all or any Services or Virtual Storage, assumes or has any liability for any action or inaction by Company or such third party with respect to any content provided by you.
7. We reserve the rights to investigate and to involve and cooperate with law enforcement authorities, and to pursue any investigation pertaining to civil lawsuit(s) or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services.
VI. USER OBLIGATIONS
1. In the event you become aware of any unauthorized use or misuse of User Information provided by you to the Company, you should forthwith contact the Company at info@PrabhadeviProperties.in The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
2. You always have the option of deleting your data at anytime by sending a request at info@PrabhadeviProperties.in On the deletion of an data by a User, all User Information will be deleted. The Company will not retain User Information or User Content after deletion of a User Account by you, for any reason unless notified or required to do so by a government authority or regulation. The Company’s use and retention of such User Information shall at all time be subject to and governed by the Company’s privacy policy.
VII. PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY RIGHTS
1. The text, graphics, logos, user-interface icons, images, apps, audio clips, digital downloads, data compilations, and software, used and available on the Site are proprietary information of the Company or its content suppliers and the Company retains all right, title, and interest in such content. The compilations of all content and all software used on this Site are the exclusive property of Company and protected by copyright and other intellectual property laws. Provided that apart from the License granted to the Company under these Terms and Conditions, the Company does not claim any right, title or interest in the User Data.
2. The Company may aggregate data provided by multiple users for research, business development and marketing purposes. Such data will not contain any personally identifiable information and the aggregated data will be owned solely by the Company.
3. You are only authorized to visit, view and retain a single copy of pages of the Site solely for your own individual, non-commercial use, and you shall not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual, non-commercial use unless otherwise specifically authorized by Company. We post legal notices and various credits on pages of the Site, which may not be removed even in your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits.
4. No title or intellectual property rights owned by the Company or its third party licensors or partners are transferred to you by reason of your access to this Site.
5. Trademarks, service marks and logos appearing on this Site are the property of the Company and the Company retains all right with respect to any of their respective trademarks, service marks and logos appearing on this Site. Company's trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Company. All other trademarks or service names, brand names, company names and/or logos that may appear on this Site are the property of their respective owners.
VIII. WARRANTIES AND DISCLAIMERS

1. We, our licensors, service providers and any of our or their respective affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sub-licensees, agents, franchisees or subcontractors (collectively, the "Parties") do not warrant any connection to, transmission over, or results or use of, any network connection or facilities provided (or failed to be provided) through the Site or Services.
2. You are solely responsible for assessing your own computer and transmission network needs, and the results to be obtained there from.
3. Your access and use of our site and the services at your sole risk. The services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including without limitation, any implied warranties of non-infringement or non-misappropriation of intellectual property rights of a third party, title, custom, trade, quiet enjoyment, accuracy of informational content, or system integration. We do not warrant that the site or any services will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected. In addition, company does not warrant that information available on or through the site are appropriate, accurate or available for use in any particular jurisdiction, and accessing them from jurisdictions where their contents are illegal is expressly prohibited.
4. We do not warrant that you will be able to access or use the site or services at times or locations of your choosing, or that we will have adequate capacity for the services as a whole or in any specific geographic area.
5. The parties assume no responsibility for any loss, cost or damages suffered by you, including, but not limited to, loss or alteration of user data, errors, system down time or service interruptions caused by the site, services or software, or by your or any other user's own errors or omissions.
6. You acknowledge and agree that to the maximum extent permissible by law the parties are not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the services or use of the site, services or software.
7. You acknowledge and agree that your sole and exclusive remedy for any dispute with any of the parties is to stop using the service.
8. Said parties do not endorse, warrant or guarantee any third-party websites, products or services offered through the site and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party websites, providers of products or services.
9. The parties make no representations about the quality, safety, suitability or any other aspect of the services or information contained in the documents and related graphics published as part of the services for any purpose.
10. The documents and related graphics published on the site and services could include technical inaccuracies or errors.
11. The parties may make improvements or other changes in the services and site at any time.
IX. Maintenance
• The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s related services without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
X. Violation of Terms & Conditions
• If the Company, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, the Company may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your services and/or the exclusion of any person(s) who may have violated any Terms & Conditions. The Company could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. The Company will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If the Company believes in its sole discretion that any advertisement or/and services may create liability for the Company, then the Company may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, the Company reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
XI. Disclaimer
Disclaimer of Warranties: The User shall agree that use of the service is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or www.PrabhadeviProperties.in
• The Company will not be liable for any time difference arising between a message released through a gateway/ server (provided to www.PrabhadeviProperties.in) and such message finally reaching the End User from the concerned service provider.
• The Company shall not be liable for any disclosure of information concerning the Users 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.
• 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. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
• All information are accepted in good faith and the Company accepts no responsibility whatsoever regarding the bona fide of the user, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
• 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 of any nature regarding the same, by the User.
• The Company does not warrant that www.PrabhadeviProperties.in or any of the web sites linked to www.PrabhadeviProperties.in be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.
• 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 that may be inserted or/and made available or transmitted to a third party in or through www.PrabhadeviProperties.in and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral 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 or www.PrabhadeviProperties.in and/or the internet.
• If there is any dispute between the Users/participants/ sellers/ buyers/ landlords/ tenants on this site or availing the Company’s service, it is agreed upon by the Users/participants that www.PrabhadeviProperties.in and/ or the Company have no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the company or/and their officers or/and employees or/and agents or/and successors.
• The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
• No advice or or/any information, whether oral or/and written, obtained by the User from www.PrabhadeviProperties.in or/and through or/and from the service shall create any warranty not expressly stated herein.
• The website’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
• This Website/ E-mail 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
XII. Limitation of Liability
• The limitation of liability herein applies to all liabilities in the aggregate, including, without limitation, those resulting from your use or your inability to use the site or any other part of the services, or any other matter arising from or relating to the site irrespective of the cause of action or theory of liability, and whether under contract, tort, at law, in equity or otherwise.
• User agrees that neither www.PrabhadeviProperties.in or the Company, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if the company has been advised of the possibility of such damages. User further agrees that the Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that the Company shall not be responsible or liable to the user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to the Company, if any, that is related to the cause of action.
• The Company takes no responsibility/liability whatsoever for shortage or non-fulfilment of the service/s on www.PrabhadeviProperties.in or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
• The Company shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
• The Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the site, www.PrabhadeviProperties.in and its affiliated services.
XIII. Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
• Use for the company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
• Retain all data or/and information supplied by the User while using the Service for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company’s property, records and databases as the exclusive property of the Company, for all times to come.
• "By entering mobile number on while registering the property details or for receiving alerts, contacting a property seller/buyer/ landlord/ tenant, user gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with www.PrabhadeviProperties.in and/ or the Company."
XIV. Indemnity
User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company’s use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User’s representations and warranties 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 may join in defence with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.PrabhadeviProperties.in and/or the Company’s services or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).
XV. Confidentiality
• For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the “Disclosing Party” herein the Company ) or any other members of the Disclosing Party’s group of companies (including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise com e into the possession of the other (the “Receiving Party”, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
• The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party’s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
• Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
• On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
• All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to “Violation of Terms & Conditions” clause, release any such data and information to any third party without the prior consent of the User.
• All confidential information (including name, e-mail address etc.) voluntarily revealed by the User, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
• All copyright and/or know-how and/or any other related intellectual property rights to the Service or www.PrabhadeviProperties.in shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to www.PrabhadeviProperties.in in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
XVI. Variation
• The right to amend vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User.
• This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at www.PrabhadeviProperties.in. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
XVII. Discontinuation or Modification to Services
• The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User.
• 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.
XVIII. Notices
• All notices shall be in English and in writing and (a) if sent to the User to the e-mail address shared with Company (b) if sent to the Company to such address as provided in writing for such notice purposes. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail. All notices from the Company including notice of change to these Terms & Conditions or other matters related to www.PrabhadeviProperties.in will be done by displaying notices to Users on the service.
• Grievance Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated id info@PrabhadeviProperties.in via in writing or through email signed with the electronic signature
The Director
PrabhadeviProperties Services Pvt. Ltd.
3rd Floor, Earthen Phoenix,
10th E' Cross, Sanjeevappa Layout,
Nagavarapalya, C V Raman Nagar,
Bangalore 560093
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
XIX. Non-exclusive Remedy

• Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
XX. Waiver
• The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
XXI. Entire Agreement
• This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
XXII. Governing Law and Jurisdiction
• It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the company and/or www.PrabhadeviProperties.in and any User of the Service.
• The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
• All information of whatsoever nature received from the user is in good faith and is bona fide. The information is believed to be true/ correct and complies with the laws of the land.
• This Agreement and any dispute or matter arising from incidental use of www.PrabhadeviProperties.in is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions.
XXIII . Acknowledgment and Acceptance of Terms and Conditions
• The terms and conditions appearing here above consists of the entire agreement between the Party/User (as defined above ) and the Company (as defined above ) and replaces all previous arrangements/schedules between the parties regarding the subject matter contained herein above. By availing of the services of the Company, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions of the Company as appearing hereinabove. It is our constant endeavour to make www.PrabhadeviProperties.in an enjoyable and effective experience for all our users. If you observe material or behaviour that may violate one of the PrabhadeviProperties Terms & Conditions, please write to us at info@PrabhadeviProperties.in. This will go a long way in helping us enhance our services.
XXIV . Privacy Policy
• The Company respects the privacy of its users and is committed to its protection. Please refer to our privacy policy for more details. The company and/or www.PrabhadeviProperties.in through its various advertising campaigns collects information about the users. This information is voluntarily provided by the user and is collected in the database of www.PrabhadeviProperties.in and/ or the Company. The information so collected in the database through these campaigns refers to the property details, email address and names of the user. www.PrabhadeviProperties.in uses third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective users/buyers/sellers. The data collected is for the exclusive use of www.PrabhadeviProperties.in and www.PrabhadeviProperties.in reserves its right to allow access to its clients for the purposes of purchase and disposing of properties only, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by www.PrabhadeviProperties.in against the erring party, including indemnification for third party claims for damages. Privacy Policy: PrabhadeviProperties Services Pvt. Ltd. respects the privacy of it's users and is committed to protect it in all respects. With a view to offer most enriching and holistic internet experience to it's users the Company offers a vast repository on the Online Site and a variety of allied services. The information about the user as collected by PrabhadeviProperties is:
(a) information supplied by users and
(b) information automatically tracked while navigation (Information).
By using PrabhadeviProperties’s website or its services, you consent to collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the services that we offer.
All required information is service dependent and the Company may use the said User information to, maintain, protect, and improve its services (including advertising services) and for developing new services
Such information will not be considered as sensitive if it is freely available and accessible in the public domain or is furnished under the Right to Information Act, 2005 or any other law for the time being in force.
COOKIES: To improve the responsiveness of the sites for our users, we may use "cookies", or similar electronic tools to collect information to assign each visitor a unique, random number as a User Identification (User ID) to understand the user's individual interests using the Identified Computer. Unless you voluntarily identify yourself, we will have no way of knowing who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie cannot read data off your hard drive. Our advertisers may also assign their own cookies to your browser (if you click on their ads), a process that we do not control.
Our web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our site. (Your IP address is a number that lets computers attached to the Internet know where to send you data -- such as the web pages you view.) Your IP address does not identify you personally. We use this information to deliver our web pages to you upon request, to tailor our site to the interests of our users, to measure traffic within our site and let advertisers know the geographic locations from where our visitors come.
LINK TO THIRD PARTY SITES: www.PrabhadeviProperties.in includes links to other websites. Such sites are governed by their respective privacy policies, which are beyond our control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the site you are visiting. That policy may differ from ours. If you can't find the privacy policy of any of these sites via a link from the site's homepage, you should contact the site directly for more information.
When we present information to our advertisers to help them understand our audience and confirm the value of advertising on our website it is usually in the form of aggregated statistics on traffic to various pages within our site. When you register your property with www.PrabhadeviProperties.in, we contact you from time to time about updation of your content to provide the users such features that we believe may benefit you.
INFORMATION SHARING: The Company shares the sensitive personal information to any third party without obtaining the prior consent of the User in the following limited circumstances:
a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including cyber incidents, or for prosecution and punishment of offences. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms; for complying with the applicable laws and regulations.
b) The company proposes to share such information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such information agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
ACCESSING AND UPDATING PERSONAL INFORMATION: When you use www.PrabhadeviProperties.in or the Company’s services, we make good faith efforts to provide you, as and when requested by you, with access to your personal information and shall further ensure that any personal information or sensitive personal data or information found to be inaccurate or deficient shall be corrected or amended as feasible, subject to any requirement for such personal information or sensitive personal data or information to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. The service charges will be conveyed in writing to the User prior to initiating work. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
INFORMATION SECURITY: We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
All information gathered on www.PrabhadeviProperties.in is securely stored within the controlled database of our developer. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as their security measures are, no security system is impenetrable. We cannot guarantee the security of their database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.
However the internet is an ever evolving medium. We may change our privacy policy from time to time to incorporate necessary future changes. Of course, our use of any information we gather will always be consistent with the policy under which the information was collected, regardless of what the new policy may be.