1. Who we are and how to contact us
www.dwarkaexpressway.com is a website (the “Website”) owned and operated by DEAL Realtors and its worldwide affiliates (“we”, “us” and “our”).
To contact us, please email info@dwarkaexpressway.com
2. You accept these Terms by using the Website
These Website terms of use (“Terms”) constitute a legal agreement between us and you. By using the Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not accept and agree to comply with these Terms, then you must not use the Website.
You may not use the Website and may not accept these Terms if (a) you are not of eighteen (18) years of age, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Website under the laws of the country in which you are a resident or from which you access or use the Website.
You are responsible for ensuring that all persons who use the Website through your network are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3. These are other terms that may apply to you
These Terms incorporate the following additional terms, which also apply to your use of the Website: our Privacy Policy; and if you download our mobile app, our App Terms of Use.
4. How we process your personal information
We will only collect and process your personal information in compliance with our Privacy Policy.
5. How you may use material on the Website
We are the owner or the licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We, together with our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the Website. Access to the Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or re-post anything on the Website for any purpose.
Our names and logos and all related product and service names, design marks and slogans are the trade marks or service marks of us or our licensors. No trade mark or service mark license is granted in connection with the materials contained on the Website.
Access to the Website does not authorise anyone to use any name, logo or mark in any manner whatsoever.
You may temporarily download copies of the materials (information or software) on the Website for personal, non-commercial transitory viewing only and you may draw the attention of others within your organisation to content posted on the Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials in your possession whether in electronic or printed format.
6. You must keep your account details safe
If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification, code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification, code or password, you must notify us at info@dwarkaexpressway.com
7. How you must not act when using the Website
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Website, including, but not limited to:
using any automated device, software process or means to access, retrieve, scrape, or index the Website or any content on the Website;
using any device, software, process or means to interfere or attempt to interfere with the proper working on the Website;
undertaking any action that will impose a burden or make excessive traffic demands on our infrastructure that we consider to be unreasonable or disproportionate Website usage;
attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
using or indexing any content or data on the Website for purposes of:
constructing or populating a searchable database of properties;
building a database of property information; or
competing with us in any manner that we have not specifically authorised;
transmitting spam, chain letters, contents, junk email, surveys, or other mass messaging, whether commercial in nature or not;
using the Website or any content from the Website in any manner which we determine as not reasonable and/or not for the purpose which it is made available;
violating the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
posing as any person or entity or attempt to solicit money, passwords or personal information from any person;
acting in violation of any such terms or other condition stipulated by us or any applicable law;
reproducing, republishing, retransmitting, modifying, adapting, distributing, translating, creating derivative works or adaptation of, publicly displaying, selling, trading, or in any way exploiting the Website or any content on the Website, except as expressly authorised by us;
transmitting or attempting to transmit any computer viruses, worms, defects or other items of a destructive manner;
gaining or attempting to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; or
attacking or attempting to attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
If necessary, we may put in place measures to prevent unauthorised access and use of the Website, including but not limited to, instituting technological barriers, or reporting the unauthorised or illegal conduct to any person or entity.
8. Your interaction with real estate agents through the Website
We are not a real estate agency. We provide a service whereby agents may market or promote and you may view property details (“Details”) together with other content hosted and developed by us. Agents and third parties are responsible for preparing the Details and fielding enquiries directly from you. Other than to facilitate introductions between you and the relevant agent when you make an enquiry about a property, we do not get involved in any further communications between you and agents and we do not participate in any part of the transaction.
Details are hosted by us in good faith but are produced directly by agents and/or third parties and have not been verified by us. You are responsible for making your own enquiries and we provide no guarantee and accept no responsibility for the accuracy or completeness of any information contained within the Details.
You are responsible for:
checking, confirming and satisfying yourself as to the accuracy of any Details;
instructing a surveyor and/or obtaining legal advice before committing to any purchase; and
ensuring that you act in good faith towards any other parties.
You represent and warrant that your use of the Website will comply at all times with these Terms of Use and any further terms that may apply to you in relation to your use of the Website, including all amendments and revisions to these Terms in accordance with Clause 13 herein.
9. Our responsibility for loss or damage suffered by you
To the extent permitted by law, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, 3 arising out of the use or inability to use the Website; or the use of or reliance on any content displayed on the Website.
We will not be liable for any loss or damage arising under or in connection with:
any failures due to software or internet errors or unavailability, or any other circumstances beyond our reasonable control;
any loss of your password or account if caused by a breakdown, error, loss of power or otherwise cause by or to your computer system and/or your account;
the use of, or inability to use, our Website;
the reliance on any content or information displayed on our Website;
any direct, consequential, special or punitive loss, damage, costs and expenses;
loss of profit;
loss of business;
loss of reputation;
depletion of goodwill; or
loss of, damage to or corruption of data.
Unless we otherwise expressly agree in writing, you agree not to use the Website for any commercial or business purposes.
We do not guarantee that the Website will be secure or free from errors, bugs or viruses. We are not liable to you or anyone else for any loss or damage caused by a virus, distributed denial of service attack or other technological harmful material that may infect your computer equipment, computer programmes, data or other proprietary materials due to your use of the Website or to your downloading of any content on it, or any website linked to it. You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.
If you enquire about a property on this Website, you acknowledge and agree that your details will be sent by email or other communication means, such as WhatsApp, directly to the agent, estate agent, landlord, developer marketing the property or properties you are enquiring about. We do not accept any liability for any subsequent communications that you receive directly from that estate agent, landlord or developer and/or any third party.
10. Content on the Website
The materials appearing on the Website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the Website are accurate, complete, or current. We may make changes to the materials contained or displayed on the Website at any time without notice.
11. Making the Website available to you
We strive to ensure that the Website and the services are always available to you, but we do not guarantee that the Website or the services will operate continuously, without interruptions or be fault free. On occasion, necessary maintenance or upgrade work requires us to make the Website and the services unavailable without notice, but we aim to keep downtime to a minimum. We accept no liability for any interruption or loss of service. We may alter, suspend or discontinue any part of the Website or the services, including your access to it.
12. Links to other websites
The Website may contain links, hyperlinks and pointers to third party products, services and/or websites that are not affiliated with us and which are provided for your information only. We have no control over the content, products, services of those sites or resources of third parties and we do not guarantee or take responsibility for them. The Website may also contain advertising from third parties and we are not responsible, nor do we make any warranties or representations for any misleading or inaccurate advertisements which are the sole responsibility of the advertiser.
Any links or advertisements on the Website should not be interpreted as approval by us of those linked sites or information you may obtain from them. The Website also contains data provided by third parties and we are not responsible for, nor do we make any warranties or representations for any inaccuracies in such data. You agree to release us from any claims or disputes of any kind arising from or in any way connected to such disputes with third parties.
By using the Website, you grant us an irrevocable, world-wide, royalty free license to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit to make use of the Website. We do not warrant that the content, links, or sub- domains contained on, or associate with the Website will be available and accessible to you at all times. Information on our publications, posts, inserts, information, content should not be regarded as a substitute for professional legal, financial or real estate advice.
13. Changes to the Terms
We may revise these Terms from time to time without notice. Each time you wish to use the Website, please check these Terms to ensure that you understand the terms that apply at that time. In addition, we may also update and change the Website from time to time without notice.
14. Your contributions on the Website
In these Terms “Contributions” means any information including data, text, video, still images, audio or other material that we have permitted you to host, share, publish, post, store or upload on the Website.
We may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in our sole discretion without prior notice to you. We may also remove or disable access to any or all of your Contributions if we consider that:
those Contributions are in breach of any law or regulation;
those Contributions infringe the intellectual property rights of any third party;
we are required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;
those Contributions are;
misleading or deceptive;
inappropriate having regard to the purpose of the Website;
likely to cause offence;
materially incorrect;
obscene;
defamatory;
otherwise unlawful and/or against the customs or norms of the region in which this Website is referred to; or
corrupted, due to the presence of a virus or other disabling code.
To the extent that any Contributions are proprietary in nature, you grant us a worldwide, non- exclusive, royalty-free, perpetual, transferable and irrevocable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your Contributions throughout the world in any medium, whether currently in existence or not.
You also grant each user of the Website the right to use your name or the name you submit with the Contribution, and, the right to represent and warrant that:
you own and control all of the rights to the Contributions; or
you have the lawful right including all necessary licences, rights, consents and permissions to use and authorise us to display the Contributions.
For any Contributions that you may retain moral rights in, you declare that:
you do not require that any personally identifying information be used in connection with the Contribution, or any derivative work, upgrade or update of the Contribution; and
You understand that when accessing the Website you may be exposed to the Contributions of other users of the Website. You acknowledge and agree that we do not have control of and are not responsible nor do we warrant the veracity of these other Contributions.
You represent and warrant that:
you have the lawful right including all necessary licenses, rights, consents and permissions to use and authorise us to display your Contributions;
you will not make any Contributions that infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by reason of any Contributions made by you; and
you will not make any Contributions that are:
misleading;
deceptive;
materially incorrect;
likely to cause offence;
directly or indirectly involve the advertising or marketing of any products or services;
obscene, including pornographic, hateful, racially or ethnically offensive material;
defamatory;
otherwise unlawful or encourage unlawful conduct; or
otherwise inappropriate having regard to the purpose of our Website.
15. Communicating with you
When you use the Website or send emails to us, you are communicating with us electronically. You hereby consent to receive electronically any communications related to your use of the Website. We will communicate with you by email or other communication means, such as WhatsApp, or by posting notices on the Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address or the mobile number you provide on the Website for your account.
16. Indemnity
You agree to indemnify and hold us and our affiliates (and our officers, agents, partners and employees) against any and all loss, liability, claim or demand, including reasonable attorney’s fees, arising out of, or in connection with your use of and access to the Website or making Contributions not in accordance with the Terms.
17. Disclaimer
The materials on the Website are provided on an “as is” and “as available” basis and we make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the materials on the Website or otherwise relating to such materials or on any site linked to the Website.
18. We may monitor and record telephone calls
Real estate broker and developer clients who have subscribed to our call tracking service have elected to have their call enquires generated through the Website. Such calls may be tracked and recorded for training and customer service assessment purposes. You consent in advance to any such recording. We will remind you of our recording before each phone conversation.
19. Governing law and jurisdiction
These Terms and any non-contractual obligations arising in connection with these Terms and your access to the Website shall be governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the Courts at Delhi, India.
20. General terms
If any term of these Terms is or may become for any reason invalid or unenforceable at law, the validity and enforceability of the remainder will not be affected.
These Terms and the documents referred to or incorporated in them constitute the entire agreement between us and replaces all previous agreements and understandings between them, relating to its subject matter.
21. Contact us
Our subscribers are licensed real estate brokers, developers and hotel apartment providers. Our advertisers are contractually obligated to only list properties that are available for sale or lease with the proper authority from the owner and all other required governing bodies. Properties listed on the Website should be a fair and accurate portrayal of the property itself and the proposed transaction. To report any suspected fraudulent or misleading property postings on our site please send us an email with the details to info@dwarkaexpressway.com
If you have any queries, complaints or recommendations about these Terms of Use, please contact us at the following address: info@dwarkaexpressway.com
