a) This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
c) The Website, is owned and operated by Method and Madness Technology Private Limited ("Company") a private company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at 1B, Dariya Mahal, Nepeansea Sea Road, Mumbai 400006. The expression “Company” shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents, successors and assigns.
e) The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
g) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting the any part of the Website or use of the services provided through the Website constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
h) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. Where material changes are made to these Terms or the Policy, or if deemed appropriate by us, the User will be notified of such material upon accessing the Website. Notwithstanding the foregoing, the User acknowledges and agrees to its duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, and limited right and privilege to enter and use the Website.
The Website is an online listing and transaction platform, that provides an end-to-end solution to real estate buyers and recommends real estate properties across the globe in accordance with the requirements of its customers. The Company, through the Website, facilitates professional consultancy and offers 360-degree services towards real estate investments. Below mentioned are the list of services provided on the Website (“Services”):
The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
a) The User agrees that, in order to access and use the Services, he/she will have to create an account on the Website and provide certain personally identifiable information to the Company such as name, username, email address, postal address, telephone/mobile number and other information as may be requested by the Company.
b) By registering and creating an account on the Website, the User shall be responsible for maintaining confidentiality of his/her login credentials (login name, password), financial information and for all activities that occur through his/her account. The User agrees that all the information provided by him/her to the Company is true, accurate and complete. If any information provided by a User is inconsistent, inaccurate, not current or incomplete, and if the Company has reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms or policies referred to herein, the Company reserves the right to indefinitely suspend, block access or terminate his/her registration with the Company through the Website, at its sole discretion, without providing any reason and without the liability to make any payment to the User. The Company is also not responsible for the accuracy, usefulness or efficiency of any Services based on incorrect, inaccurate, not current or incomplete information furnished by a User.
c) In addition to the information mentioned above, the Website may require the Users to provide content (such as comments, ideas, suggestions, initiation, or any other content contributed by the User) in form of text, graphics, user interfaces, visual interfaces, photographs and sounds, video content generate in pursuance of use of the Services provided by the Website. The Website also may also request a response on the questionnaire or feedback from the Users (together the “User Content”). The User warrants that he/she shall upload/provide the accurate and complete User Content to the Website. The User Content posted by Users is the sole responsibility of the User and the Company is not responsible for, or liable in any manner, for such User Content and disclaims all liability arising from inaccuracy of the User Content.
d) To the extent User Content is shared with the Company, the User grants the Company a fully transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify or create derivative works based on, display, and otherwise use the User Content.
e) In particular, the Company may use the User Content for research and development to improve or modify the Services, in which case the User shall have no right, title or interest in such improved or modified Services. The Company reserves the right to use or modify User Content licensed to it, without providing the User with reason or notice.
f) The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User. The Company shall have the right to remove or edit any User Content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the express terms or intent of these Terms.
g) Notwithstanding this right, the User shall remain solely responsible for the content and the materials they post on the Website and in their private/public messages.
a) The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the Services offered on the Website, or any portion thereof, at any time, without notice or cause. The User acknowledges and agrees that the Company may immediately deactivate or delete his/her account and all related information and files in his/her account and/or bar any further access to such files or the Website and related Services.
b) Without prejudice to generality of Section 4(a) above, the Company may, at its sole discretion suspend or terminate a User’s account (or any part thereof) or his/her use of the Services, and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use, or if the Company believes that he/she has violated or acted inconsistently with any of its Terms or policies, referred to herein.
c) Any suspected fraudulent, abusive or illegal activity that may be grounds for immediate termination of a User’s use and access of the Website and Services and may also be referred to appropriate law enforcement authorities.
e) The Company may, at any time and at its sole discretion, reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever, until such time that such User is reinstated by the Company.
g) The User agrees that the Company will not be liable to the User, or any third party, for any termination of his/her access to the Website.
The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, except as described in Section 4 hereinabove.
This section pertains to the payments made by the User for the Services rendered by the Company.
a) The following payment options are available on the Website:
b) As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / Master Card / Amex, the User will be required to submit his/her 16-digit card number, card expiry date and 3-digit CVV number (usually on the reverse of the card) while making an online transaction. The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) in order to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favour of the Company. To the extent payment is made from third party payment wallets or payment banks account or any like intermediary, the User will be redirected to the website/mobile application of such payment wallet/payment banks/payment intermediary where the User maintains an account and all deductions made therefrom will be subject to terms and conditions of such third-party payment wallet/payment banks/payment intermediary. The Company shall not, in any manner whatsoever, be responsible for use and operation of such accounts of the User maintained with payment wallet/payment bank account/payment intermediary or for any deductions made from such account. A payment to the Company, with respect to the services rendered by it, will be considered complete only when the same is reflected in the bank account of the Company and the Company will not be liable for any deductions made from the User’s payment accounts (howsoever maintained) but which has not reached the accounts of the Company. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the Services opted for. This may or may not be assisted with a phone call from a customer service representative. By placing an order on the site or over the phone, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website, or affiliated websites where reference to such affiliated websites has been specifically made.
c) After the User makes his request for the service the User will be asked for his contact information and payment related information. The User categorically authorizes the Company to collect, process, facilitate and remit payments electronically from the User’s bank or credit card company, in the event a User purchases the Services from the Website. Once the payment transaction has been successfully completed, the user's order will be processed on receipt of the funds from the User's bank or credit card company. It is at this stage that the User's order is successfully placed. Thereafter necessary steps will be taken to execute the order.
d) The User understands, accepts and agrees that the payment facilities provided/used by the Company are neither banking nor financial services but merely serve the role of a facilitator, providing electronic, automated and/or online payment infrastructure. The Company receives money through for transactions envisioned on the Website, through existing authorized banking infrastructure and credit cards service providers. Further, by providing these payment facilities, the Company neither acts as a trustee nor does it assume any fiduciary responsibility with respect to the transactions processed by the User.
e) While availing any of the payment method(s) available on the Website, the Company will not be responsible or assume any liability whatsoever, in respect of any loss or damage arising directly or indirectly to a User due to:
f) The Company may, at its sole discretion, introduce new services or features and modify some or all existing Services offered on the Website. In such event, the Company reserves the right to introduce fees for the new services offered, or amend/introduce fees for existing Services, as the case may be.
It is clarified that, any payment of the token amount to be credited into the Escrow Account as per section 7 above, shall be made through a payment gateway service provider and the payment options provided by such payment gateway service provider.
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website 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 / Website in any manner. This information is supplied by the User directly to the relevant bank/credit card company which are authorized to handle the information provided, and are compliant with the regulations and requirements for making payment from the User’s bank account/credit card.
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) is bound to not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that any reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
b) agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, 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 Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User's access to the Website, as detailed in Section 11 herein below. The User acknowledges and agrees that by accessing or using the Website or any of the Services provided thereon, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the properties and/or services displayed on the Website are not owned by the Company/Website, and that the same are the exclusive property of certain third parties (including but not limited to real estate developer) who have chosen to market their properties and/or services through the Company's Website, and that the Company/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User's access to the Website may also be permanently revoked, at the sole discretion of the Company.
d) Further undertakes not to:
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property or for such other purposes and in such other manner as is detailed in the Policy. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
The User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User's access and/ or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend / terminate the User's membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) Except as otherwise expressly stated on the Website, all Services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
b) The Company/Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product or Services for a particular purpose.
c) This Website, all the properties, materials, information, and Services, included or otherwise made available through this Website are provided without any representation or warranties, express or implied except as otherwise specified in writing. Without prejudice to the foregoing paragraph, the Company does not warrant that:
this Website will be constantly available, or available at all; or
the information on this Website is complete, true, accurate or non-misleading, save and except what is directly provided to the User by the Company.
d) The Company will not be liable to a User in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind and is not binding on any Party.
e) The Users agree and acknowledge that the properties and details thereof (including but not limited to title, location, area and extent, approval and licenses obtained in respect of the property, and amenities attached) as available on the Website are based solely on the information provided by real estate developers, property owners, their brokers or agents. The Company is not responsible for and provides no warranty in respect of the truth, completeness, or accuracy of the same. Any transaction entered or pursued by the User based on the information available on the Website is as per the User’s best and prudent judgment and the Company disclaims all liability in respect of the same.
f) The Users further agree and acknowledge that the Company and the Website are only facilitators that connect the User with service providers (such as legal and administrative consultants and allied services providers). The Company is not and shall not be liable in any manner whatsoever, for any advice or opinion provided, or any legal documentation created/prepared (including sufficiency of the documents for the intended purpose, contents thereof, admissibility of the documentations in a court of law or enforceability thereof in applicable jurisdictions), goods supplied, or any other services provided (as the case may be) by such service providers. The Company is not liable and makes no representation or warranty with respect to the accuracy or quality of the services provided by such persons and is not responsible for the sufficiency, result, or outcome of any of their views, opinions, or advice.
g) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before purchasing/leasing or otherwise using any property/ product/service listed on the Website or accessing/using any information displayed thereon.
h) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any property purchased/leased or Service availed of by the User from the Website.
i) The Company/Website does not guarantee that (i) the functions and Services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, (ii) the results that may be obtained from the use of the Service will be accurate or reliable, or (iii) the quality of any, property, Services, information, or other materials obtained by a User through the Website will meet his/her expectations, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website.
j) Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to certain Users. If a User is dissatisfied with any portion of the Service or with these Terms, the User’s sole and exclusive remedy is to discontinue use of the Website and Service.
k) The failure of, or delay by, the Company to enforce any right or provision of the Terms or other policies referred to herein, shall not constitute a waiver of such right or provision.
l) Notwithstanding anything to the contrary contained herein, under no circumstance shall, the liability of the Company to a User exceed the cost paid by such User for the Services.
m) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) The Services may provide or facilitate, or third parties may provide, links or other access to other sites, services and resources on the Internet. The Company has no control over such sites, services and resources and is not responsible for and does not endorse such sites, services and resources.
b) The Company does not endorse, in any way, any third-party website(s) (including those of its business partners and associates) or content thereof. The Company does not take responsibility or liability for the actions, products, content and services on the websites/online platforms which are linked to the Website or the website/internet platform of its affiliates and/or third-party that use the Website's APIs or otherwise.
c) The User acknowledges and agrees that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, products or services available on or through any such site, service or resource. Any dealings a User has with third parties (including the Company’s business associates and partners such as real estate developers, administrative or legal service providers, financial service/aid/assistance provider including any financial institutions, and allied service providers) found while using the Services are between the User and the third party, and the User agrees that the Company is not liable for any loss or claim that a User may have against any such third party.
d) The User may enable or log into the Services via various online third-party services, such as social media and social networking services ("Social Networking Services"). However, please remember that the manner in which Social Networking Services use, store and disclose a User’s information is governed solely by the policies of such Social Networking Services, and the Company shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Services.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d) Assignment: The Company may transfer, sub-contract or otherwise deal with its own rights and/or obligations under the Terms without notifying the User, or without obtaining the User’s consent (except as provided for under the Policy).
The User may not transfer, sub-contract or otherwise deal with its rights and/or obligations under these Terms, without express written consent from the Company.
e) Grievance Handling: In the event a User has any grievances, come across any violation of these Terms or becomes aware of any objectionable content on the Website, the User may report the same to the following e-mail id: email@example.com .