Terms and Conditions
This website, www.smartrealtors.co.in, (hereinafter referred to as "the website") is owned, hosted and operated by South MetroCity Association of Realtors (SMART), a not-for-profit organisation registered in India under the Societies Registration Act, 1860, under Registration No. _____________ and having its registered office at 408-B, Niranjan, 99, Marine Drive, Mumbai 400002.
Terms and Conditions
The website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THIS WEBSITE.
SMART may amend / modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on the website. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of the website, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended / modified from time to time. SMART may also suspend the operation of the website for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize the website in a manner inconsistent with these terms and conditions, SMART may terminate your access, block your future access and / or seek such additional relief as the circumstances of your misuse may be deem to be fit and proper.
Submission And Administration Of Listings
Any member agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to SMART unless the member has acquired received all necessary rights and authorizations from the owner of such property to publish and advertise the said Property(s). The member shall disclose all material information in respect of all such property(s) submitted. SMART may, at its sole discretion but without any obligation to, search and remove properties that are alleged to have been submitted in violation of this provision. SMART will, in its sole discretion, terminate the accounts of, and refuse service to, any member who repeatedly or intentionally violates this Agreement. SMART shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the website.
SMART reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the website without notice. SMART accepts no responsibility for checking / verifying the accuracy of data submitted by the member. While SMART shall take all reasonable efforts for data backup and business resumption, the member will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished / submitted to the website.
Customers, who are buying / renting property / propreties through the website, must verify details the property / properties as well as its right, title, ownership, lien etc. on their own.
Use Of Information
Customers agree to treat all information obtained from the website service, including listings, member directory, and any information otherwise made available to the Customers as proprietary to SMART. The website does not ensure the accuracy of, endorse or recommend any Content and the Customer uses such Content at the Customer's own risk. Customers may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customers shall limit access to and use of listings for personal and internal use, and shall not use the listings obtained from the website for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the website for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their access to the website without notice.
Intellectual Property Rights
All logos, brands, trade marks and service marks ("Marks") appearing in the website are the properties either owned or used under license by SMART. All rights accruing from the same, statutory or otherwise, wholly vest with SMART. The access to this website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
SMART respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. SMART shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user / users are found to be using the website as a platform to infringe the Intellectual Property Rights of others, SMART will be free to terminate the usage forthwith without any notice to the user.
You hereby expressly agree not to:
Access data not intended for you or log into an account that you are not authorized to access;
Attempt to probe, scan or test the vulnerability of a system or network;
Attempt or breach security or authentication measures without proper authorization;
Attempt to interfere with by submitting a virus of any kind or trojan to the website, leading to overloading, flooding, mail bombing or crashing;
Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the website except as permitted;
No reproduction of any part of the website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website, whether in hard copy or electronic format, including postings to any other website
The user shall not utilise the services offered by the website in any manner so as to impair the interests and functioning of SMART and its website. The user undertakes not to duplicate, download publish, modify and distribute material on the website unless specifically authorised by SMART in this regard. The user undertakes not to establish any deep link or other connection to any specific page of the website without obtaining prior consent of SMART. SMART strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
Violations of system or network security may result in civil or criminal liability.
Links To Third Party Web Sites
The website may provide links to other third-party World Wide Web sites or resources. SMART makes no representations whatsoever about any other Web site you may access through this Website (www.smartrealtors.co.in).
DISCLAIMER AND WARRANTIES
THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SMART AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF THE WEBSITE.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. SMART does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
This Website is controlled and operated from India and SMART makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
LIMITATION OF LIABILITY
SMART will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this website, its content, 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 members or customers were intimated or advised of the possibility of such damages.
SMART 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 Customer's data / information. SMART shall not be responsible for any problem or technical malfunction of on-line-systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and / or Members or to any other person's computer related to or resulting from participating or downloading materials / information from the website.
SMART may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to the website (or any part thereof) for any reason, including, without limitation, that SMART based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Submissions and unauthorized use of any information / materials contained on the website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and / or password.
You agree to defend, indemnify, and hold harmless, SMART, its officebearers, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the website material or your breach of these Terms and Conditions.
If any dispute arises between a user / users and SMART arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by SMART. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
The failure of SMART to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to the website and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to the website.