This website, www.mypropertyzone.com is owned, hosted and operated by Xcell Group.
These terms and conditions regulating use of these Services constitute a legally binding agreement between my propertyzone.com and the User (the “Agreement”).
Terms and Conditions
My property zone, and/or any other website(s) linked to this website is an online information provider about properties and consulting service for properties to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING My Property zone, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE My property zone. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( email@example.com )
My property zone 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 My property zone.com, You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of my property zone, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. My property zone may also suspend the operation of my property zone for support or technical up gradation, maintenance work, in order to update the content or for any other reason.
If you utilize Mypropertyzone.com in a manner inconsistent with these terms and conditions, Mypropertyzone.com 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 term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of My property zone (whether on a paid or free basis), and to whom the access to My property zone is restricted by the use of a sign in user name and a password. The user name and password are either allotted by my property zone or chosen by the Subscriber or agreed upon by My property zone. It is made abundantly clear that only the authorised User has the right to access the Services so offered by My property zone.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by My property zone , without the need or a requirement to create an account i.e. visits non-restricted portions of My property zone .
The use and access to My property zone shall be subject to these terms and conditions. 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 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of mypropertyzone.com, and expressly so with respect to respecting the intellectual property rights of the Xcell (My property zone), 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 My property zone on the internet through which the user may access information carried by my property zone in the database maintained by it. The terms would 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. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to My property zone acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed there under.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to My property zone unless the User submitting such a Listing/Advertisement has acquired 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 My property zone. In case a User is covered under the RERDA, it shall ensure all compliance necessary, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information 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, My property zone may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. 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.
My property zone may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, my property zone may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. My property zone will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the 99acres website. My property zone shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on my property zone and my property zone shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
- (a) to represent and warrant that all Properties and associated information provided by the User will be accurate;
- (b) that the User will not permit the posting of a property on My property zone under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
My property zone reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on My property zone without notice. My property zone accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While my property zone shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to my property zone.
A user, who is buying/renting property/properties through my property zone, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payments for the Services offered by My property zone 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 of xcell. My property zone offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that xcell / my property zone, 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 User to xcell (mypropertyzone) under any other agreement or commercial relationship towards other products/services. My property zone 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. My property zone undertakes no liability for free Services. My property zone 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.
My property zone 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 or direct transfer in respective account of company, My property zone does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by my property zone, once a credit card transaction has been completed, the payment information is not accessible to anyone at my property zone after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
My property zone 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.
- Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
- The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest.
- Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
Refund in failed transactions
Though xcell /My property zone payment reconciliation team works on a 24 x 7 basis, My property zone 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 My property zone.
If you utilize My property zone in a manner inconsistent with these terms and conditions, My property zone 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.
- Payment for the services offered shall be on 100% advance basis.
- 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 of mypropertyzone.com only.
- User acknowledges and agrees that mypropertyzone.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 by a subscriber/user, against any amount(s) payable by user to xcell (mypropertyzone.com) under any other agreement or commercial relationship towards other products/services.
- My property zone 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.
- The applicable rate of the Subscription Fees/ Membership fees for the Service provided shall be such as mentioned in the “My Subscriptions” page or as may be prescribed by the Company from time to time
- Liability for the Subscription Fees shall accrue from the Date of Commencement.
- All individual Users who access or make postings of information at mypropertyzone.com for the purpose of buying property shall be exempted from the application of this clause.
- Company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.
- For Service listing packages, there shall be no cancellation or refund of orders booked/payments made via online payment options (except in the case of Cheque & Demand Draft). Cancellations requests for orders placed via cheque/demand draft can be made only before such payment is realized by xcell (mypropertyzone.com).
Obligations of User/Subscriber
- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- The user agrees that any data entered into herein will be subject to mandatory verification process by My property zone.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Mypropertyzone.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- Mypropertyzone in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with mypropertyzone.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
- The User will indemnify mypropertyzone.com for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
- "Mypropertyzone.com do not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). Mypropertyzone.com however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaint should be addresses by email at firstname.lastname@example.org
- "The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by mypropertyzone.com as deemed fit by them"
- "User of the website agrees to indemnify and keep mypropertyzone.com indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party"
- 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/her 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 to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on mypropertyzone.com except such data and information which is posted by the particular User himself.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited if they persistently send messages or make postings on mypropertyzone.com to any other User or third party who access mypropertyzone.comwithout reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to mypropertyzone.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of mypropertyzone.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other than as necessary to complete any transactions in which you are involved.
- The User shall not violate, or attempt to violate the security of mypropertyzone.com and/or any web sites linked to mypropertyzone.com or gain un-authorized access any information regarded as private by other Users 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 MyPropertyZone.com network system.
- Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the MyPropertyZone.com 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 MyPropertyZone.com 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 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 you do not have any right to;
- Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harm minors in any way;
- 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 such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation
Confidentiality & Security
- To protect the secrecy of his 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).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquire s 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.
- 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 by telephone or/and personally concurrently provide the Company with a written notice to that 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.
- 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.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from mypropertyzone.com database without prior consent from mypropertyzone in writing.
USE OF INFORMATION
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 My property zone . User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of my property zone 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.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and Service marks ("Marks") appearing in Mypropertyzone.com are the properties either owned or used under license by Xcell and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with xcell / its associates. The access to My property zone 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.
Xcell respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect.xcell 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 Mypropertyzone.com as a platform to infringe the Intellectual Property Rights of others, xcell / My property zone will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access Mypropertyzone.com, xcell 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.
you hereby expressly agree not to:
- (a) Utilise the Services offered by My property zone in any manner so as to impair the interests and functioning of Xcell / My property zone and which is non-compliant with laws and regulations including RERDA.
- (b) Access data not intended for you or log into server or account that you are not authorized to access;
- (c) Attempt to probe, scan or test the vulnerability of a system or network;
- (d) Attempt or breach security or authentication measures without proper authorization;
- (e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to , overloading, Flooding, mail bombing or crashing;
- (f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Mypropertyzone.com except as permitted;
- (g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on My property zone to any other system.
- (h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from my property zone or link to my property zone, without our express written consent.
- (i) The user shall not utilise the Services offered by My property zone in any manner so as to impair the interests and functioning of Xcell / My property zone. The user undertakes not to duplicate, download publish, modify and distribute material on My property zone unless specifically authorised by xcell in this regard. The user undertakes not to establish any deep link or other connection to any specific page of My property zone other than the Home Page without obtaining prior consent of My property zone. My property zone strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
- (j) users undertake that the Services offered by My property zone shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Xcell / Mypropertyzone.com is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by My property zone to relay emails. All attempts shall be made by My property zone and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to My property zone or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- 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 such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
My property zone may provide links to other third-party World Wide Web sites or resources. Xcell / Mypropertyzone.com makes no representations whatsoever about any other Web site you may access through Xcell / My property zone.
Please report any violations of these terms and conditions to My property zone at email@example.com