This website, www.estatekart.com, (hereinafter referred to as “EstateKart or Estate Kart”) is owned, hosted and operated by Mastermind Corporation, a company incorporated in India under the Companies Act, 1956 and having its registered office at Site 7 & 8, Gold Souk Mall, C- Block Sushant Lok Phase I, Gurgaon, Haryana – 122002.
DEFINITIONS
The term ‘authorized user or Agent’ would include any person, whether an individual or a legal entity who has subscribed to the services of Estate Kart, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Estate Kart or chosen by the user or agreed upon by Estate Kart. It is made abundantly clear that only the authorized user has the right to access the services so offered by Estate Kart.
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 be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
The terms ‘User’, ‘customer’ and ‘Agent’ would include both the authorized and unauthorized user(s).
The terms ‘service’ or ‘services’ would mean to include the interactive online information service offered by Estate Kart on the internet through which the user may access information carried by Estate Kart in the database maintained by it. The terms would include to meaning 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 Estate Kart acting as an agent either express or implied on behalf of any user/customer.
TERMS AND CONDITIONS
Estate Kart 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.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Estate Kart, 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 Estate Kart. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( contact@estatekart.com )
Mastermind Corporation 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 Estate Kart. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Estate Kart, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Mastermind Corporation may also suspend the operation of Estate Kart for support or technical up gradation, maintenance work, in order to update the content or for any other reason.
If you utilize Estate Kart in a manner inconsistent with these terms and conditions, Mastermind Corporation 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.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to Estate Kart unless the customer 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 customer’s website or on Estate Kart. The customer shall disclose all material information in respect of 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 customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, Mastermind Corporation may also require the customer 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 customer 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. Mastermind Corporation 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, Mastermind Corporation may require additional evidence of compliance with this provision from customers who are alleged to have submitted properties or other information/data in violation of this agreement. Mastermind Corporation will, in its sole discretion, terminate the accounts of, and refuse service to, any customer who repeatedly or intentionally violates this agreement. Additionally, the customer 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 customer’s website or the Estate Kart website. Mastermind Corporation shall have the sole authority to choose the manner in which any property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Estate Kart and Mastermind Corporation shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees
(a) to represent and warrant that all properties and associated information provided by the Customer will be accurate;
(b) that the customer will not permit the posting of a property on Estate Kart 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;
Mastermind Corporation reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties posted on the customer’s website or on Mastermind Corporation without notice. Mastermind Corporation accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the customer. While Mastermind Corporation shall take all reasonable efforts for data backup and business resumption, the customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Estate Kart.
Customers, who are buying/renting property/properties through Estate Kart, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to customer in the service (“Content”) as proprietary to Estate Kart. Customer agrees that content reserved for members will be maintained as confidential and shall be protected as a trade secret of Estate Kart. Estate Kart does not ensure the accuracy of, endorse or recommend any content and customer uses such content at the customer’s own risk. Customer may access the listings in the service solely to obtain initial information from which further evaluation and investigation may commence. Customer 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. Customer shall not use or reproduce any content that is obtained from the service, or that is otherwise made available to customer in the service, for or in connection with any other listing service or device. Customer 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. Customers violating these specific terms, specifically those customers 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 Estate Kart are the properties either owned or used under license by Mastermind Corporation and/or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Mastermind Corporation/its Associates. The access to this website does not confer upon you 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 offense under the prevailing laws of India.
Mastermind Corporation respects the Intellectual Property Rights of all; it has and will continue to adhere to all the laws applicable in India in this respect. Mastermind Corporation 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 user/users are found to be using Estate Kart as a platform to infringe the Intellectual Property Rights of others, Mastermind Corporation will be free to terminate this agreement forthwith without any notice to the user.
RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to:
(a) Access data not intended for you or log into server or account that you are not authorized to access;
(b) Attempt to probe, scan or test the vulnerability of a system or network;
(c) Attempt or breach security or authentication measures without proper authorization;
(d) 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 Estate Kart, overloading, Flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Estate Kart except as permitted;
(f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
(g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Estate Kart or link to Estate Kart, without our express written consent.
(h) The user shall not utilize the services offered by Estate Kart in any manner so as to impair the interests and functioning of Mastermind Corporation/Estate Kart. The user undertakes not to duplicate, download publish, modify and distribute material on Estate Kart unless specifically authorized by Mastermind Corporation in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Estate Kart other than the Home Page without obtaining prior consent of Mastermind Corporation. Mastermind Corporation 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 authorized in writing.
(i) Users undertake that the services offered by Estate Kart shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Mastermind Corporation reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintain by MASTERMIND CORPORATION to relay emails. All attempts shall be made by MASTERMIND CORPORATION and the user to abide by International Best Practices in containing and eliminating Spam.
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
Estate Kart may provide links to other third-party World Wide Web sites or resources. MASTERMIND CORPORATION makes no representations whatsoever about any other Web site you may access through this Website (Estate Kart).
DISCLAIMER AND WARRANTIES
THE CONTENT OF Estate Kart IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
MASTERMIND CORPORATION AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Estate Kart.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. MASTERMIND CORPORATION does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. MASTERMIND CORPORATION does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter; users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in MASTERMIND CORPORATION or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and MASTERMIND CORPORATION makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and MASTERMIND CORPORATION makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
MASTERMIND CORPORATION offers products, services, content and various other functionalists (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. MASTERMIND CORPORATION does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that MASTERMIND CORPORATION intends to announce, launch or provide such products, programs or services in your country.
LIMITATION OF LIABILITY
MASTERMIND CORPORATION will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
MASTERMIND CORPORATION assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer’s data/information. MASTERMIND CORPORATION shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.
TERMINATION
MASTERMIND CORPORATION may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Estate Kart (or any part thereof) for any reason, including, without limitation, that MASTERMIND CORPORATION based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on Estate Kart may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, MASTERMIND CORPORATION and/or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Estate Kart material or your breach of these terms and conditions.
PRIVACY POLICY
The user of Estate Kart is subject to Privacy Policy available through this link.
ARBITRATION
If any dispute arises between a user/users and MASTERMIND CORPORATION arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MASTERMIND CORPORATION. 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.
SEVERABILITY OF PROVISIONS
This agreement between you and MASTERMIND CORPORATION governs your use of Estate Kart. If any provision of these Website 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.
WAIVER
The failure of MASTERMIND CORPORATION 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.
GOVERNING LAW
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to Estate Kart as well as these Terms and Conditions.
JURISDICTION
Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to Estate Kart and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to Estate Kart.
MASTERMIND CORPORATION does not routinely monitor your postings to the web site but reserves the right to do so. However, if MASTERMIND CORPORATION becomes aware of an inappropriate use of Estate Kart or any of its Services, MASTERMIND CORPORATION will respond in any way that, in its sole discretion, MASTERMIND CORPORATION deems appropriate. You acknowledge that MASTERMIND CORPORATION 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, MASTERMIND CORPORATION will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
MASTERMIND CORPORATION reserves all other rights.
VIOLATIONS
Please report any violations of these Terms and Conditions to MASTERMIND CORPORATION
