This website realestatedekho.com, including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces etc, (hereinafter collectively referred to as "RealEstateDekho") is owned, hosted and operated by Real Estate Dekho Pvt Ltd, a company incorporated in India under the Companies Act, 1956, and having its registered office at Dream point, 401, Jhotwara Rd, opp. ZANANA HOSPITAL, Reserve Police Line, Sindhi Camp, Jaipur, Rajasthan 302016. These terms and conditions, privacy policy, and community guidelines regulating the use of these Services constitute a legally binding agreement between RealEstateDekho and the User (the “Agreement”).
RealEstateDekho and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below. We 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 RealEstateDekho. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of RealEstateDekho, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. We may also suspend the operation of RealEstateDekho for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize RealEstateDekho in a manner inconsistent with these terms and conditions, we may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
Definitions
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of RealEstateDekho (whether on a paid or free basis), and to whom the access to RealEstateDekho is restricted by the use of a sign in user name and a password. The user name and password are either allotted by RealEstateDekho or chosen by the Subscriber or agreed upon by RealEstateDekho. It is made abundantly clear that only the authorized User has the right to access the Services so offered by RealEstateDekho.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by RealEstateDekho, without the need or a requirement to create an account i.e. visits non-restricted portions of RealEstateDekho.
The use and access to RealEstateDekho shall be subject to these terms and conditions and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of RealEstateDekho, and expressly so with respect to respecting the intellectual property rights of the IEIL, and abiding by terms and conditions below mentioned.
The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s).
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by RealEstateDekho on the internet through which the user may access information carried by RealEstateDekho in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to RealEstateDekho acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
Submission and administration of listings/advertisements
User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to RealEstateDekho unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on RealEstateDekho. Similarly, RealEstateDekho does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by RealEstateDekho & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. Some listings may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by RealEstateDekho or the providers of the video content as to its accuracy or completeness. User shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing. The User shall disclose all material information as required submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User shall disclose all material factual information as regarding the property being advertised, its correct dimensions as also in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed.
Payments for the Services offered by RealEstateDekho shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion. RealEstateDekho offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that RealEstateDekho.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by. RealEstateDekho gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. RealEstateDekho undertakes no liability for free Services. RealEstateDekho reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them. RealEstateDekho uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Info Edge India Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Real Estate Dekho Pvt Ltd, once a credit card transaction has been completed, the payment information is not accessible to anyone after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security. RealEstateDekho shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise. Refund in failed transactions Though IEIL payment reconciliation team works on a 24 x 7 basis, IEIL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of RealEstateDekho. If you utilize RealEstateDekho in a manner inconsistent with these terms and conditions, we may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
The Rental Property Services shall not be used for any purpose other than payment of or charging rent or for preparing and registering rental agreement and User not transmit any information received through the Rental Property Services to third parties. All responsibility for information furnished and its accuracy shall reside upon the User, and the User shall be liable for any liability incurred and shall hold RealEstateDekho or its affiliates and employees harmless against any claim or action by any person/financial institution/regulatory bodies. By utilizing this serviceUser agrees that RealEstateDekho may share the information provided to third parties for processing on the User’s behalf, as may be required from time to time. User shall not submit any false or fraudulent information through any of the Services offered. Rental payment The Rental Property Services shall not be used for any purpose other than payment of or charging rent or for preparing and registering rental agreement and User not transmit any information received through the Rental Property Services to third parties. All responsibility for information furnished and its accuracy shall reside upon the User, and the User shall be liable for any liability incurred and shall hold RealEstateDekho or its affiliates and employees harmless against any claim or action by any person/financial institution/regulatory bodies. By utilizing this service User agrees that RealEstateDekho may share the information provided to third parties for processing on the User’s behalf, as may be required from time to time. User shall not submit any false or fraudulent information through any of the Services offered. By making payment, User provides an authorization to RealEstateDekho to hold, receive and disburse funds in accordance with the User’s payment instructions provided through RealEstateDekho for the purposes of facilitating the transfer of money to the intended beneficiary as specified by the User. In the event the processing of transaction is affected due to incomplete/incorrect details being furnished by the User, RealEstateDekho reserves the right to deduct any applicable service charge, processing fees, or any other fees incurred by it in the processing of this transaction. RealEstateDekho or its affiliates and employees shall not be responsible for any incorrect/unintended transaction, in any form or manner. RealEstateDekho may, depending on the security or financial risk associated with the transaction, delay, suspend or reject a transaction. The amount of a transaction may be charged back (hereinafter referred as “Chargeback”) if the transaction is disputed, reversed or not authorized, is unlawful or not in accordance with these terms (e.g. the holder of the payment instrument used for initiating the transaction raises a dispute). In case of a Chargeback, User shall immediately pay any amount owed, including additional fines or penalties levied in this regard by the payment gateway or issuer. User agrees to provide complete assistance in the event of any investigation in this regard.
The following actions will inter alia constitute a misuse of Real Estate Dekho and are strictly prohibited:
Utilizing the Services offered by Real Estate Dekho in any manner so as to impair the interests and functioning of Real Estate Dekho Pvt Ltd and which is non-compliant with laws and regulations including RERDA.
Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivative works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs, and/or graphics, available on Real Estate Dekho and/or any services or products of Real Estate Dekho Pvt Ltd, in any manner or for any purpose which is not consistent with or in accordance with the Terms of Use. Users are expressly prohibited from using or exploiting Real Estate Dekho and/or any content or data provided therein for:
Using or attempting to use any automated program, software, or system or any similar or equivalent process (including spiders, robots, crawlers, etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from Real Estate Dekho;
By accepting these terms, the User and the property owner shall consent to provide any personal information that is uploaded by the User shall be so uploaded only after obtaining the requisite consents from the owner(s) of the personal information for such use. The User shall be solely liable in this regard and for ensuring its accuracy and completeness, as required for lawful and complete registration of rental agreement in the applicable jurisdictions, along with additional information as and when required. User agrees by using these Services, to bear all stamp duty charges or any other charges levied that may arise as per applicable law, and shall not hold Real Estate Dekho Pvt Ltd or its affiliates and employees liable for any fines/penalties that may arise due to payment of insufficient charges.
User expressly permits all details shared for verification purposes, to be shared with Verification Partner (for the purposes of these terms, “Verification Partner” shall mean any third party engaged for providing tenant verification services) including contact details for the purpose of availing the services. User is solely responsible for verifying the quality of Tenant Verification services offered by Verification Partner and Real Estate Dekho Pvt Ltd shall not be liable to any party for any Services provided by the Verification Partner. User is responsible for obtaining express consent of the Lessee before sharing personal documents and information with the Verification Partner.
User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:
Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing. Additionally, the video screening process shall also be carried out in the following cases:
The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform. Agents shall have the option to edit or remove videos during the course of the listing duration. Real Estate Dekho Pvt Ltd shall utilize 3rd party services such as YouTube for hosting and streaming these videos. While doing so, the site and the users on the site shall be compliant with respect to YouTube Terms of Service and Youtube API Services - Developer Policies.
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Real Estate Dekho Pvt Ltd. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Real Estate Dekho Pvt Ltd. Real Estate Dekho Pvt Ltd does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
All logos, brands, trade marks and Service marks ("Marks") appearing in Real Estate Dekho are the properties either owned or used under license by Real Estate Dekho Pvt Ltd and/ or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Real Estate Dekho Pvt Ltd / its associates. The access to Real Estate Dekho 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. Real Estate Dekho Pvt Ltd respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Real Estate Dekho Pvt Ltd 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 Real Estate Dekho as a platform to infringe the Intellectual Property Rights of others, Real Estate Dekho Pvt Ltd will be free to terminate this Agreement forthwith without any notice to the user. By allowing Users to access Real Estate Dekho, Real Estate Dekho Pvt Ltd 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.
By accepting these terms, the User and the property owner shall consent to provide any personal information that is uploaded by the User shall be so uploaded only after obtaining the requisite consents from the owner(s) of the personal information for such use. The User shall be solely liable in this regard and for ensuring its accuracy and completeness, as required for lawful and complete registration of rental agreement in the applicable jurisdictions, along with additional information as and when required. User agrees by using these Services, to bear all stamp duty charges or any other charges levied that may arise as per applicable law, and shall not hold Real Estate Dekho Pvt Ltd or its affiliates and employees liable for any fines/penalties that may arise due to payment of insufficient charges.
User expressly permits all details shared for verification purposes, to be shared with Verification Partner (for the purposes of these terms, “Verification Partner” shall mean any third party engaged for providing tenant verification services) including contact details for the purpose of availing the services. User is solely responsible for verifying the quality of Tenant Verification services offered by Verification Partner and Real Estate Dekho Pvt Ltd shall not be liable to any party for any Services provided by the Verification Partner. User is responsible for obtaining express consent of the Lessee before sharing personal documents and information with the Verification Partner.
User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:
Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing. Additionally, the video screening process shall also be carried out in the following cases:
The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform. Agents shall have the option to edit or remove videos during the course of the listing duration. Real Estate Dekho Pvt Ltd shall utilize 3rd party services such as YouTube for hosting and streaming these videos. While doing so, the site and the users on the site shall be compliant with respect to YouTube Terms of Service and Youtube API Services - Developer Policies.
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Real Estate Dekho Pvt Ltd. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Real Estate Dekho Pvt Ltd. Real Estate Dekho Pvt Ltd does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
All logos, brands, trade marks and Service marks ("Marks") appearing in Real Estate Dekho are the properties either owned or used under license by Real Estate Dekho Pvt Ltd and/ or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Real Estate Dekho Pvt Ltd / its associates. The access to Real Estate Dekho 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. Real Estate Dekho Pvt Ltd respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Real Estate Dekho Pvt Ltd 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 Real Estate Dekho as a platform to infringe the Intellectual Property Rights of others, Real Estate Dekho Pvt Ltd will be free to terminate this Agreement forthwith without any notice to the user. By allowing Users to access Real Estate Dekho, Real Estate Dekho Pvt Ltd 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.
The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the user.
If any dispute arises between a user/users and Real Estate Dekho Pvt Ltd arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
THIS AGREEMENT between you and Real Estate Dekho Pvt Ltd governs your use of Real Estate Dekho. If any provision of these Real Estate Dekho terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order, or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
The failure of Real Estate Dekho Pvt Ltd 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.
By accessing Real Estate Dekho you agree that the laws prevailing in India shall be the governing laws in all matters relating to Real Estate Dekho as well as these terms and conditions.
Courts at New Delhi, India, alone shall have the exclusive jurisdiction in all matters relating to Real Estate Dekho and these terms and conditions, irrespective of the territory and jurisdiction of your access to Real Estate Dekho.
Real Estate Dekho Pvt Ltd does not routinely monitor your postings to the website but reserves the right to do so. However, if Real Estate Dekho Pvt Ltd becomes aware of an inappropriate use of Real Estate Dekho or any of its Services, Real Estate Dekho Pvt Ltd will respond in any way that, in its sole discretion, Real Estate Dekho Pvt Ltd deems appropriate. You acknowledge that Real Estate Dekho Pvt Ltd will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Real Estate Dekho Pvt Ltd will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
