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Terms of Use Governing Membership [Subject to revision by PropertyByte.com from time to time] |
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Welcome to PropertyByte.com |
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This website, www.propertybyte.com, (hereinafter referred to as "PropertyByte.com") is owned, hosted and operated by Spacious Realtors Pvt. Ltd., a company incorporated in India under the Companies Act, 1956 and having its registered office at 218, Samruddhi Complex, Sector 11, Hiran Magri, Udaipur (Rajasthan)-313002.
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Terms of Use: |
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PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING PropertyByte.com, 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 PropertyByte.com. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (info@PropertyByte.com).
Information on this Internet site should not be regarded as a substitute for professional legal, financial or real estate advice. PropertyByte.com and its related entities responsible for maintaining this Internet site and its directors, officers and agents believe that all information contained within this Internet web site is correct. However, no warranty is made as to the accuracy or reliability of the information contained herein and PropertyByte.com disclaims all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from the Internet site at www.PropertyByte.com |
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ELECTRONIC COMMUNICATIONS |
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When you visit PropertyByte.com or send e-mails to us, you are communicating with us using an electronic media. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. |
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Intellectual Property Rights: |
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All logos, brands, trademarks and service marks ("Marks") appearing in PropertyByte.com are the properties either owned or used under license by Spacious Realtors Pvt. Ltd. and / or its associates. All rights accruing from the same, statutory or otherwise wholly vest with Spacious Realtors Pvt. Ltd. / 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 offence under the prevailing laws of India.
Spacious Realtors Pvt. Ltd. respects the Intellectual Property Rights of all. It has and will continue to adhere to all the laws applicable in India in this respect. Spacious Realtors Pvt. Ltd. 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 PropertyByte.com as a platform to infringe the Intellectual Property Rights of others, Spacious Realtors Pvt. Ltd. will be free to terminate this agreement forthwith without any notice to the user. |
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Your Account on PropertyByte.com: |
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If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PropertyByte.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscription in their sole discretion. |
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Membership |
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Mode:
By registering your profile on PropertyByte.com you choose to become a member of PropertyByte.com.
Membership is not automatic:
The right of admission vests with PropertyByte.com. You become a member upon due acceptance of your Profile by PropertyByte.com. Membership and rights of admission is reserved solely for
Indian Nationals & Citizens
Persons of Indian Origin (PIO)
Non Resident Indians (NRI)
Persons of Indian Heritage.
Length of Membership:
You continue to be a member of PropertyByte.com till
PropertyByte.com discharges its obligations to you by the rendering of its services to you; or the termination of the membership by either PropertyByte.com or you.
Privities of Membership:
Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity. Our site does not vouch for or subscribe to the claims and representations made by advertisers regarding particulars of property and real estate transactions.
Online Conduct:
You are responsible for the content and information [including profile and photographs] you post or transmit through PropertyByte.com's services. You will not post or transmit any content or information [in whatever form they may be contained] that is defamatory, blasphemous, abusive, obscene, sexually oriented, profane, intimidating, illegal or in violation of the rights of any person, including intellectual property rights. No content or information shall contain details or particulars of any of PropertyByte.com's competitors, including their contact details. You will not use either your online or offline membership as a platform for any kind of promotional campaign, solicitation, advertising or dealing in any products or services or transmit any chain letters or junk mails.
PropertyByte.com reserves the right to modify your content if any prohibitive or objectionable content is found, or in the case of your contact details being entered in irrelevant fields. PropertyByte.com may also modify the profile for other reasons not mentioned herewith.
You will not post or transmit any content, information or trademarks without the prior consent of the person holding its proprietary or licensed rights. PropertyByte.com will not in any way be responsible or answerable to any action brought by any person arising out of your acts as described above.
PropertyByte.com reserves the right but is not obligated, to edit, delete, eclipse or withhold display of such content or information as it deems fit in the light of the rules prescribed above. |
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DISCLAIMER AND WARRANTIES |
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The Content of PropertyByte.com is provided "AS IS" and on an "AS AVAILABLE" Basis, without warranties or representations of any kind, either express or implied.
Spacious Realtors Pvt. Ltd. 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 PropertyByte.com.
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. Spacious Realtors Pvt. Ltd. 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. Spacious Realtors Pvt. Ltd. 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 Spacious Realtors Pvt. Ltd. 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 Spacious Realtors Pvt. Ltd. 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 Spacious Realtors Pvt. Ltd. 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.
Spacious Realtors Pvt. Ltd. offers products, services, content and various other functionalities (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. Spacious Realtors Pvt. Ltd. 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 Spacious Realtors Pvt. Ltd. intends to announce, launch or provide such products, programs or services in your country. |
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Submission and Administration of the Listings: |
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Any information/content in relation to any property or otherwise shall be submitted by you only and only if you are: - Undisputed legal owner of said property; or - Legally valid Special Power of Attorney holder from the undisputed legal owner of said property to perform under this Contract; or - Holding any other legally valid authority document(s); or - Otherwise legally authorized to submit such information.
Unauthorized use of PropertyByte.com
You will not provide links to other websites, whether deemed competitive to PropertyByte.com or otherwise. Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. PropertyByte.com shall be entitled to recover from you, your successors, heirs, assigns etc any profit, revenue, benefit etc which you have gained/received, expected or going to receive along with penalty @ 100% of such profit/revenue/benefit by unauthorized use of this site. |
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Other terms of use by members: |
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In case of content submitted to PropertyByte.com is not correct, misleading and/or such content are submitted without any authority to do that then PropertyByte.com reserves its rights to take all necessary action, civil, criminal including cancellation of any one or all your registrations with or without any notice to you in this regard without any refund on any of your accounts. You will not transmit any chain letters or junk email to other PropertyByte.com Members.
PropertyByte.com reserves the right to screen messages that you may send to others through PropertyByte.com site. Although PropertyByte.com cannot monitor the conduct of its Members off the PropertyByte.com Site, it is also a violation of this Contract to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect PropertyByte.com and/or our Members from any abuse / misuse, PropertyByte.com reserves the right to restrict the use of PropertyByte.com by you for such period which PropertyByte.com deems appropriate in its sole discretion. You may not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with PropertyByte.com and/or its Members.
Role of PropertyByte.com
Provision of Service:
PropertyByte.com will provide the service[s] that are opted and paid for by the member. In addition, the member may also make use of the other free services that are applicable to them.
Medium of Interchange of Information:
Besides the provision of services, PropertyByte.com acts as a platform for all its members to interchange information. It is to be distinctly understood that PropertyByte.com will only provide contact between and among members within its service framework and not the direct contact details of such members. PropertyByte.com is not the agent of any member and does not partake in the interchange or the results thereof. PropertyByte.com will be a disinterested person in the event of disputes between or among the members, though it may facilitate an amicable resolution of such disputes.
Right to form Consortium/Associates:
While providing services, PropertyByte.com may outsource any part thereof to any competent person or organization, with or without disclosing it to you. However, your membership rights and responsibilities continue as against PropertyByte.com only and not against such persons or organizations. |
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Content posted on the site: |
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Does not infringe on any third party's intellectual property or proprietary rights or rights of publicity or privacy
Does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority
Is not defamatory, libelous, pornographic or obscene
It does not contain viruses or other similar harmful or deleterious programming routines.
If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to PropertyByte.com by law.
PropertyByte.com may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or PropertyByte.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PropertyByte.com has rights to suspend or terminate your account and refuse any and all current or future use of the PropertyByte.com site and its services (or any portion thereof). PropertyByte.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the PropertyByte.com Site and the PropertyByte.com Service.
The Site contains the copyrighted material, trademarks, and other proprietary information of PropertyByte.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by PropertyByte.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
All lawful, legal and non-objectionable messages (in the sole discretion of PropertyByte.com), content and/or other information, content or material that you post on the forum boards shall become the property of PropertyByte.com. PropertyByte.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to remove, edit and/or display such information, material and/or content You understand and agree that - PropertyByte.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of PropertyByte.com violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of PropertyByte.com and/or its Members or any third party. - You are solely responsible for the Content that you publish, display or any third party. - You are solely responsible for the Content that you publish, display or submit (hereinafter, "post") on PropertyByte.com, or transmit to other PropertyByte.com Members.
PropertyByte.com reserves the right to verify the authenticity of Content posted on the site. In exercising this right, PropertyByte.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence within prescribed time, PropertyByte.com may, in its sole discretion, terminate your Membership without any refund and pull out your content from the PropertyByte.com site.
By posting Content to any public area of PropertyByte.com, you automatically grant, and you represent and warrant that you have the right to grant, to PropertyByte.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing.
The following is an incomplete and partial list of the kind of Content that is illegal or prohibited on the Site. PropertyByte.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the PropertyByte.com site and terminating the Membership of such violators without a refund.
It includes Content that:
Is patently offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
Harasses or advocates harassment of another person
Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
Displays pornographic or sexually explicit material of any kind
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users
Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
You must use the PropertyByte.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations. |
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Payment Terms |
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Spacious Realtors Pvt. Ltd. does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. Spacious Realtors Pvt. Ltd. uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
Spacious Realtors Pvt. Ltd. shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in failed transactions
Though Spacious Realtors Pvt. Ltd. payment reconciliation team works on a 24 * 7 basis, Spacious Realtors Pvt. Ltd. offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of PropertyByte.com. |
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Links to third Party Web Sites |
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PropertyByte.com may provide links to other third-party World Wide Web sites or resources. Spacious Realtors Pvt. Ltd. makes no representations whatsoever about any other Web site you may access through this Website (PropertyByte.com). |
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Limitation on liability |
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You expressly understand and agree that PropertyByte.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PropertyByte.com has been advised of the possibility of such damages), resulting from: |
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The use or the inability to use the service |
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The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the PropertyByte.com |
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Unauthorized access to or alteration of your transmissions or data |
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Statements or conduct of any third party on the PropertyByte.com |
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Any other matter relating to the PropertyByte.com services. - notwithstanding anything to the contrary contained herein, PropertyByte.com 'S liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PropertyByte.com , for the service during the term of membership. |
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Termination |
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Spacious Realtors Pvt. Ltd. may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to PropertyByte.com (or any part thereof) for any reason, including, without limitation, that Spacious Realtors Pvt. Ltd., based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use. |
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Indemnification |
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You agree to indemnify and hold PropertyByte.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the PropertyByte.com Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above. |
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Disputes |
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Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 24 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the PropertyByte.com you further agree that the laws of India will govern the disputed matter. You agree to the exclusive jurisdiction of the courts of Udaipur (Rajasthan), INDIA. |
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Severability of Provisions |
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This Agreement between you and Spacious Realtors Pvt. Ltd. governs your use of PropertyByte.com. If any provision of these Website Terms of Use 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 of Use. |
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Waiver |
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The failure of Spacious Realtors Pvt. Ltd. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of its right to enforce such right or provision subsequently. |
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Governing Laws |
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By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to PropertyByte.com as well as these Terms of Use. |
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Other |
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By becoming a Member of the Site / PropertyByte.com, you agree to receive certain specific emails from PropertyByte.com. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the PropertyByte.com service, contains the entire agreement between you and PropertyByte.com regarding the use of the Site and/or the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the PropertyByte.com. If you notice any abuse or misuse of the Site or any thing, which is in violation of this Agreement, you shall forthwith report such violation to PropertyByte.com by writing to customer care.
On receipt of such complaint, PropertyByte.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee.
Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee and any Member making/indulging directly or indirectly in making false complaint against any other registered member/potential member then PropertyByte.com shall be entitled to recover all loss, costs, expenses, damages etc which may be incurred by PropertyByte.com due to action taken on the basis of such false information/complaint.
By joining PropertyByte.com, you confirm that you have read the above provisions and agree to abide by them. Should you need any clarification in respect of PropertyByte.com and/or its services, you may Contact Us |
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