These terms of use (“Terms”) constitute a legally binding agreement between you and Vijay Developers (the “Company/ We/Vijay Developers”) regarding the use of the  (the “Site”) or the domain thereof and any service offered or deemed to be offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”).

Your use of the Site and services and tools are governed by the following Terms & Conditions which are incorporated herein. By mere use of the Site, you shall be contracting with Vijay Developers, the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with Vijay Developers. Therefore, it is imperative that before using the platform you acquaint yourself and understand the applicability and consequential application of these terms & conditions.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.

Vijay Developers 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 Vijay Developers. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Vijay Developers, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Vijay Developers reserves the right to suspend the operations for support or technical upgradation, maintenance work, in order to update the content or for any other reason without intimating any user in advance.

Defined Terms:

“Agreement” shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at New Delhi.

“Company”: is defined asVijay Developers 

“Date of Commencement” is the date indicating the acceptance of the application by the User to the service.

“Date of Termination” is the date of expiry mentioned in the notice or/and the letter of termination and/or the date when the services are supposed to end.

Services:

Posting User profile or listing for the purpose of sale/rental of property, and related property services etc.

Place a print advertisement in any of the group publications through the www.Augustrealty.in site.

Send advertisements and promotional messages through emails and messages.

Eligibility:

You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are competent to enter into a valid and binding contract apart from being capable of entering, performing and adhering to these Terms & Conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.

The Owner’s Service once subscribed shall be non-refundable, however, Company may refund the amount in the event a property is not linked with the package so bought. In such an event 50% of the order amount would be towards the activation/administration fees and shall be forfeited & the rest 50% would be refunded on pro-rata basis considering the usage of the customer. Customer agrees that the refund process may take around 6 to 8 weeks after the complete documentation has been received by the Finance team of Vijay Developers for processing such refund.

If it is brought to the notice of the Company that the User is not the Owner of the property, instead is a Builder/Agent, in such an event the listing would be deactivated without any notification and the amount paid shall be forfeited.

SECURITY

1. Transactions on the Site are secure and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
2. To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
3. Since a user identification is necessary to access the Service; the User shall use only his own user identification.
4. It is agreed by the User that he acquires no rights to any mailbox number or/and the User identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
5. In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the Company immediately via telephone or/and concurrently in person provide the Company with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
6. The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.

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Prohibited Actions

User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.

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

The User shall use the Service only for the purpose for which it is subscribed.

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 Site except such data and information which is posted by the particular User himself/itself.

The User shall not use the Service for any unlawful and fraudulent purpose. 

The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.

User is prohibited from selling its listing any further to any third or unrelated party. The services are meant for consumption by the User who has paid the amount  of subscription.

The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.

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

The User agrees not to make use of anyone else’s information other than as necessary to complete any transactions in which User is involved.

The User shall not violate, or attempt to violate the security of the Site and/or any web sites linked to vijay developer or gain un-authorized access to any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

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 Site 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 the Site 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 recourse 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.

In the event that the User breaches terms of use of service, the Company reserves the unilateral right to suspend or/and deactivate the User’s access to the Site Service and/or any other related facility. Further Company at its sole discretion, permanently or temporarily, blacklist a User. The unutilized amount paid towards the service being the agreed quantum of liquidated damages shall stand forfeited by the Company. In addition to the right to indemnity available to the Company, the Company shall have the right to recourse 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 violation by the User.

The Users shall avail Services on vijay developer 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 libelous 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 Augustrealty.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 vijay developer 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 shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve Our right to bar any such activity.

The User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Site or related to us.

The Content posted does not necessarily reflect Company views. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

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

belongs to another person and to which the user does not have any right;

is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

is harmful to Child,

infringes any patent, trademark, copyright or other proprietary rights;

violates any law for the time being in force;

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

impersonates another person;

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 cognizable offence or prevents investigation of any offence or is insulting any foreign States;

contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause

Use of Information/Data Supplied

All copyright and/or know-how and/or any other related intellectual property rights to the Services of vijay developer including listings, details of Users, and any information otherwise made available to User in the Service, 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 vijay developer 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.

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 vijay developer 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 Augustrealty Online Portal i.e. Augustrealty.in while registering for an account for receiving alerts, contacting a property, seller/buyer, user gives expressly consent to the Company and its Partners/ Vendors and sub-partner, sub vendor 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.
The user further agrees that, in order to satisfy and fulfil the user’s property requirement, the Company may share the recording of the aforementioned promotional call between the user and a company representative with the concerned agents, partners, vendors, and sub-partners. In case user does not want to receive these messages on his/her mobile number, and not agreed any of the terms stipulated herein, he/she shall not submit his/her mobile number with vijay developer “

Intellectual Property Rights

All logos, brands, trade marks and Service marks (“Marks”) appearing in vijay developer are the properties either owned or used under license by vijay developer or its associates. All rights accruing from the same, statutory or otherwise, shall wholly vest with vijay developer and its associates. The access to vijay developer does not confer upon the User 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.

Vijay Developers respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. vijay developer shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using vijay developer as a platform to infringe the Intellectual Property Rights of others, vijay developer will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access vijay developer,  grants the Users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

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