Terms and Conditions of Property Auction Plus Services
1. Wherever the terms 'Property Auction Plus' is used in this document it will be referring to the services provided by the 'VGH Property Auction Plus Pvt. Ltd.' ('Company'). Any document or Agreement mentioning Property Auction Plus will be a reference to the Company (the company which has the registration rights and provides the services of the Property Auction Plus.com website).
3. These terms and conditions also apply on all registered members/ unregistered users in respect of all new services or features introduced on Property Auction Plus in future as well.
5. Property Auction Plus reserves the right to update the Policy of terms, conditions and notices of this agreement without any prior notice. Your continued use of Property Auction Plus confirms your acceptance of revised policy.
6. This Agreement governs your use of the Property Auction Plus services, superseding any prior agreements between you and Property Auction Plus.
7. Property Auction Plus.com, reserves its right to withdraw wholly or in partly, without assigning any reason, any of Property Auction Plus services or products with or without any notice.
8. Property Auction Plus is the sole authority to assign this agreement, and all rights and obligations hereunder, to a successor to all or any of its assets, whether by sale, merger or otherwise. These terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, heirs, administrators, successors and permitted assigns except as otherwise provided herein.
9. Property Auction Plus.com doesn't subscribe in any manner to the views/ expressions/details posted on the website by the users of the services and are not those of Property Auction Plus.
10. The use of this site constitutes agreement between you and the Property Auction Plus to hold Property Auction Plus and its sponsors, owners, shareholders or employees harmless against any and all claims related any errors or omissions or to the opinions expressed herein by the others.
You, the user of Property Auction Plus services, agree not to:
1. Access data which is not meant for you or logon to an account or server you are not authorized to access.
2. Attempt to breach security or authentication mechanisms of Property Auction Plus website and servers.
3. Access Property Auction Plus website data in an automated manner by the use of bots, crawlers, spiders and other such software programs.
4. Remove any copyright, trade mark, water marks or other intellectual property notices contained in any material copied, downloaded or printed off from Property Auction Plus website.
5. Copy, distribute, download, display, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any data or material contained in Property Auction Plus website except as permitted.
6. Resell any data obtained from Property Auction Plus to third parties.
7. Use Property Auction Plus services to send unsolicited promotional messages.
8. Utilise Property Auction Plus website in any manner so as to impair its performance or functioning.
In addition to the above, the user/subscriber is prohibited from uploading, posting, or sharing on Property Auction Plus website any information that:
1. The user does not have copyrights to use, reproduce, or distribute.
2. Infringes any patent, trademark, copyright or other proprietary rights.
3. Is misleading, inaccurate, or fraudulent in nature.
4. Is hateful, harassing, defamatory, obscene, pornographic, or racially, ethnically objectionable, or discriminatory in terms of religion, caste, gender, race, etc.
5. Deceives or misleads about the origin of such messages or communication, or impersonates any person or organization.
6. Is unlawful in any manner.
Communication from Property Auction Plus
By becoming a member of Property Auction Plus.com and/or using Property Auction Plus.com services, you agree to receive certain communication from Property Auction Plus.com. You hereby confirm that, you do not have any objection to receiving emails, messages and calls from Property Auction Plus.com and partners/clients/affiliates/members of Property Auction Plus.com. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).
Payments against services provided by Property Auction Plus are on a 100% advance basis. Payments for Property Auction Plus services once subscribed are non-refundable. Property Auction Plus provides its services on a best effort basis without any guarantee of service availability and uptime. In any case, the liability Property Auction Plus is limited to refund of payment by the subscriber only. Property Auction Plus undertakes no liability for free services.
You can cancel Property Auction Plus.com services anytime by contacting us through the "Contact" page on our website. However, you will not be entitled to any refunds for any amounts paid by you, even if the services have not been fully rendered by us.
Since Property Auction Plus.com offers non-tangible irrevocable goods (i.e. advertising services), we do not issue refunds once the order has been successfully placed and appropriate advertising services/resources have been added to customer's account.
However, we realize that there may be some exceptional circumstances where a refund may be appropriate. Property Auction Plus.com may, at its sole discretion, may provide pro-rated refunds for services that have not been not fully rendered.
Warranty and Disclaimer
Property Auction Plus Services are provided to users/subscribers on an "AS-IS, WHERE-IS" basis. Users/subscribers accept all risks of condition, use, quality, design, fitness and suitability.
The User shall agree that use of the service e is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. 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.
- The Company makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does Property Auction Plus make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
- Property Auction Plus is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the services availed by end user from third party service providers on or beyond the platform of Property Auction Plus.
- For any third party product or service which customer/user will buy through Property Auction Plus, the customers/users of services shall take full responsibility to deal with third parties respective vendors at their own risk, cost and liability.
- 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 of Property Auction Plus.
- Company will not be liable for any time difference arising between a message released through a gateway/ server ( provided to Property Auction Plus ) 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 User's account and/or particular s 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, weather intentionally or inadvertently.
- In case the there is any loss of information, caused due to any reason, weather 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 Company accept no responsibility whatsoever regarding the bonafide 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 Property Auction Plus or any of the web sites linked to Property Auction Plus be free of any operational hazards or error s 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 Property Auction Plus 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 Property Auction Plus and/or the internet.
- Company is not involved in any transaction between any parties who are using our website. 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 website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Company screen or/and censor or/and otherwise control the Users of its service. Company cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Property Auction Plus will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Company does not accept or/and assume responsibility for the content or/and context of the user comment.
- If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Company has 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 undertake s 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 Property Auction Plus or/and through or/and from the service shall create any warranty not expressly stated herein.
- In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such 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 non-fulfillment by the Advertiser in this regard.
- 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's website 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
- The Platinum Listing is listed for a period of two weeks only from the day the Order is activated. Company shall not be liable for any delay arising from the User's end in conversion of their property listing to Platinum Listing, resulting in the Platinum Ad listing not being showcased for the complete period of two weeks. This package cannot be transferred, adjusted or reimbursed.
- Company shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. Property Auction Plus will not be responsible for any claims arising out of the use of any information displayed herein.
Limitation of Liability
- User agrees that neither Company nor its group companies, 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 Company has been advised of the possibility of such damages. User further agrees that 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 Company shall not be responsible or liable to 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 Company, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Company 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.
- 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.
- 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 Property Auction Plus mobile application on your mobile phone.
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 to remain at Property Auction Plus 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 Property Auction Plus while registering for an account or receiving alerts, contacting a property seller/buyer, 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 Property Auction Plus."
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 mad e 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 e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense 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 Property Auction Plus 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 e indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).
- 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 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 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.
- The User has access to only his own data and information stored in the database at Property Auction Plus (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 etc.) voluntarily revealed by the User in chat and 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 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 Services of Property Auction Plus 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 Property auction Plus 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.
- 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 Property Auction Plus. 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.
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. Except for paid service, 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.
- 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.
- • The failure of 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 b e 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.
- • 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.
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 Company 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 bonafide. 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 Property Auction Plus is governed by the laws of India and the User and Property Auction Plus hereby submit to the exclusive jurisdiction of the courts at Mumbai, India without regard to its conflict of law provisions.
Acknowledgment and Acceptance of Terms and Conditions
It is our constant endeavour to make Property Auction Plus an enjoyable and effective experience for all our users. If you observe material or behaviour that may violate one of the Property Auction Plus Terms & Conditions, please write to us. This will go a long way in enhancing our service!
Company 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 Property Auction Plus. The information so collected in the database through these campaigns refers to the property details, email address and names of the user. Property Auction Plus 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 Property Auction Plus and Company 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 Company against the erring party, including indemnification for third party claims for damages.
- The information and opinions available on this website/App are broad guidelines for general information only. They are solely intended to provide information of general nature of the subject matter. The material on this website/App is not and should not be regarded as legal, financial or real estate advice. Every effort is made to ensure that the material is accurate and up to date. However, we do not guarantee or warrant the accuracy, completeness, or currency of the information provided. User should make own inquiries and obtain independent professional advice before making any legal, financial or real estate decisions. Property Auction Plus is not liable for any loss, special, indirect or consequential damage, cost or expenses incurred or which may arise, negligence or other tortuous action for any reason whatsoever by any person using or relying on information in this product. Measurements, prices and locations are approximate and no responsibility is taken for any error, omission or misunderstanding in these particulars.