Unless otherwise specified, the capitalized terms shall have the meanings set out below:
Account means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by Dreampropertyindia.com.
Agreement means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between Dreampropertyindia.com and the User in relation to the Services.
Applicable Law means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Broker means and includes all brokers, channel partners, sales agencies and other third parties who/ which negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease or such other form of transfer in relation to a plot, apartment or building, as the case may be, including marketing and promotion of such plot, apartment or building, for remuneration or fees or any other charges for his services whether as commission or otherwise and incudes a person who introduces, through any medium, prospective parties to each other for negotiations and includes property dealers, brokers, middlemen by whatever name called and real estate agent as defined under the Real Estate (Regulation and Development) Act, 2016.
Computer Virus means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.
Confidential Information means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of Dreampropertyindia.com and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to Dreampropertyindia.com in confidence.
Content means and includes any information all data and information on the Site.
Government Authority means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Information Technology Act means the Information Technology Act, 2000.
Intellectual Property means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.
Intellectual Property Rights mean and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.
Dreampropertyindia.com means and includes Dreampropertyindia.com Technologies Solutions Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Bengaluru, India including its officers, directors, employees and representatives along with its Site.
Privacy Policy means and includes the privacy policy of Dreampropertyindia.com more particularly described in Section II.
Prohibited Conduct means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of Dreampropertyindia.com’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.
Registration Data means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by Dreampropertyindia.com and supplied by the User on initial application and subscription.
Personal Information means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
Services means and includes the services provided by Dreampropertyindia.com within the territory of India to the User of the Site and shall include the provision of (a) connecting tenants and owners to find each other without paying any brokerage, (b) services to the Users who wish to post their listings for the purposes of renting their property, (c) services to the Users who wish to secure/buy a property through the Site, (d) services to the Users pertaining to paperwork and documentation processing, relating to lease agreement registration, bank franking, police verification and society approvals with regard to the rental property listed on its website. (e) services to those who wish to purchase advertisement space of their products or services on the Site, (f) services to the Users who wish to receive advertisements and promotional messages on the Site and through e-mails and text messages, (g) providing residents with a building specific network to enable interaction with neighbours for sharing knowledge of the neighbourhood, (h) services to the Users allowing them to pay rental money to the other Users through the Site using third party payment gateways, (i) connecting the Users to various Third Party Service Providers for the provision of other related services.
Site means and includes the website owned, operated and managed by Dreampropertyindia.com Technologies Solutions Private Limited at the URL www.Dreampropertyindia.com.in (www.Dreampropertyindia.com.com), www.Dreampropertyindia.com hood.com and also includes the mobile application owned, operated and managed by Dreampropertyindia.com.
Terms and Conditions means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.
Third Party Service Provider means and includes any service provider with whom Dreampropertyindia.com has an agreement for the purposes of making services in addition to the Services available for the User.
User means any person who accesses the Site or avails Services on the Site for the purposes of hosting, publishing, sharing, transacting, displaying or uploading information or views and whether as a tenant or as an owner looking for potential tenants includes other persons jointly participating in using the Site.
User Information means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to Dreampropertyindia.com in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and Dreampropertyindia.com.
Unless the context otherwise requires or a contrary indication appears:
(a) Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
(b) Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
(c) Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
(d) The singular includes the plural and vice versa and words importing a particular gender include all genders.
(e) The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.
i. Dreampropertyindia.com agrees to provide to the User and the User agrees to avail from Dreampropertyindia.com the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Terms and Conditions and Privacy Policy constitute the Agreement between the User and Dreampropertyindia.com and such Agreement shall deem to replace all previous arrangements between the User and Dreampropertyindia.com in relation to the Services and access of the Site.
ii. The User undertakes to be bound by the Agreement each time the User accesses the Site, completes the registration process
iii. The User represents and warrants to Dreampropertyindia.com that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Site or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian. Dreampropertyindia.com shall not be responsible for verifying if the User is atleast 18 (eighteen) years of age.
i. First time Users can access the Site for preliminary browsing without creating an Account.
ii. The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.
iii. Dreampropertyindia.com shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and Dreampropertyindia.com reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
iv. The User undertakes to cooperate with any of Dreampropertyindia.com’s personnel in connecting with the User’s access to the Site, as may be required by Dreampropertyindia.com.
i. Dreampropertyindia.com offers a combination of Services which the User may subscribe to, subject to the need of the User, upon payment of applicable fees.
ii. The subscription fee paid by the User is non-refundable except when the User selects the Moneyback Plan as detailed on the Site.
iii. Dreampropertyindia.com reserves the right to revise the fee of any subscription plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User. Dreampropertyindia.com shall intimate the User of such revised fees and the User undertakes to pay to Dreampropertyindia.com the difference in the amount after such revision.
i. dreampropertyindia.com shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.
ii. dreampropertyindia.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
iii. dreampropertyindia.com reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at on its sole discretion.
iv. dreampropertyindia.com shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwis
i. dreampropertyindia.com, at all times, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the Site.
ii. Subject to Applicable Law, dreampropertyindia.com has an internal infrastructure in order to conduct a background check and verification of the User Information and the Account in order to ensure that the Brokers are not registering themselves on the Site. In the event, a User is detected as a Broker, dreampropertyindia.com has the right to reject or disable such Account without cause.
iii. dreampropertyindia.com has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User’s access to the Site, at any time, without any prior notice to the User.
iv. dreampropertyindia.com shall endeavor to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing or any other reason as dreampropertyindia.com may deem fit. dreampropertyindia.com shall use its best efforts to rectify any disruption of or rectify an error on the Site and restore regular operations of the Site.
v. dreampropertyindia.com has the right to issue notifications, confirmations and other communications to the User, on the Site, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. dreampropertyindia.com may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions or any other offer provided by third party. dreampropertyindia.com does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to [email protected]
(a) The information and opinions available on the Site in relation to the Services are mere guidelines for the purposes of providing general information on the subject and the exchange of property and any other information through or on the Site is not an offer and/or recommendation from/ by dreampropertyindia.com.
(b) The Content should not be regarded as legal, financial or real estate advice for the User. dreampropertyindia.com advises the User to make independent enquiries and obtain professional advice before making legal, financial or real estate decisions. The measurements, prices and locations provided on the Site are approximate and no responsibility is taken by dreampropertyindia.com for any error, omission or misunderstanding in construing those particulars.
(c) The Services are chosen and used at the User’s risk and discretion and dreampropertyindia.com makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.
(d) The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.
(e) dreampropertyindia.com expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/ listing posted on the Site/ made available to dreampropertyindia.com by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.
(f) dreampropertyindia.com does not warrant the Services or the results obtained from the use or that the Services will meet the User’s expectations or requirements or that the Site will be uninterrupted or free from any technical error.
(g) dreampropertyindia.com is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Site and any external web links mentioned on the Site.
(h) dreampropertyindia.com does not have the obligation to physically meet, conduct background or police verification of the Users. The terms "genuine verified owner" and "genuine verified tenants/ buyers" on the Site refer to dreampropertyindia.com’s algorithm-based technological process by which Brokers are prohibited from accessing the Site and availing the Services. This is on a best-effort basis and has its own limitations. dreampropertyindia.com accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.
(i) dreampropertyindia.com shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.
(j) dreampropertyindia.com shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.
(k) dreampropertyindia.com shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Site or availing the Services. dreampropertyindia.com shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to dreampropertyindia.com.
(l) dreampropertyindia.com neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. dreampropertyindia.com assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
(m) dreampropertyindia.com shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.