We at Click4Flats.com provides real estate services to you subject to the following conditions –
If you visit or sign up at www.click4flats.com , you accept these terms and conditions. In addition, when you use any current or future services of www.click4flats.com , whether or not included in the website, you also will be subject to the guidelines and conditions applicable to such service or business.
Click4flats.com and its related bodies are accountable for upholding this real estate service related website and we believe that all information mentioned within this website is precise. However, no such guarantee is given as to the preciseness or reliability of the information contained herein and Click4flats disclaims all liability and responsibility for any direct or indirect harm or damage which may be suffered by any user through trusting or referring anything contained in or lost from the website of www.click4flats.com. Information on this website should not be regarded as the substitute for professional legal, financial or real estate advice. This agreement of Terms and Conditions shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deem to have been executed at Jaipur, Rajasthan.
www.click4flats.com is an online venture of the Click4Flats LLP and having its Head Office at 404 Lakshmi Complex M.I. Road, Jaipur – 302 001 Rajasthan, INDIA.
- 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 www.click4flats.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.click4flats.com site.
- Service to the Users who wishes to insert advertisements at www.click4flats.com
- Service to the Users who wishes to receive advertisements and promotional messages on www.click4flats.com and through emails.
- www.click4flats.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. Company is not bounded to specifically provide any matter in writing to any party as Click4Flats (referred as company) owns the complete rights for any changes to be made on the website. However, the users of www.click4flats.com will be notified by regular updates for such updates.
- The accuracy of the Registration data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- 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 www.click4flats.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.
- The User will indemnify Click4Flats 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.
- www.click4flats.com does not accept any responsibility towards the data entered in our website related to the detailed specifications of the projects and flats. www.click4flats.com 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 email@example.com or intimated by phone at 0141-2371777.
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use 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 www.click4flats.com except such data and information which are posted by the particular User himself.
- 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 www.click4flats.com to any other User or third party who access www.click4flats.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 www.click4flats.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 www.click4flats.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- The User shall not violate, or attempt to violate the security of www.click4flats.com and/or any web sites linked to www.click4flats.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 post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or www.click4flats.com network system.
- The Users shall avail the Service on www.click4flats.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 libelous 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 www.click4flats.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 www.click4flats.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.
- The User shall not host, display, upload, modify, publish, transmit, update or share any information on the www.click4flats.com site that-
o belongs to another person and to which you do not have any right to;
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
o harm minors in any way;
o infringes any patent, trademark, copyright or other proprietary rights;
o violates any law for the time being in force;
o deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
o impersonate another person;
o contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
o Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Protection & 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 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/she acquires 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 www.click4flats.com database without prior consent from Click4Flats in writing.
Authority of Periodic 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 www.click4flats.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.
- Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing in case he/she doesn't want to showcase his/her information on the www.click4flats.com
- 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 (mentioned above) may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever-
o if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
o 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,
o 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.
Disregard of Terms & Conditions
If the www.click4flats.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, www.click4flats.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. www.click4flats.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. www.click4flats.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 www.click4flats.com believes in its sole discretion that any advertisement or/and services may create liability for www.click4flats.com, www.click4flats.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, www.click4flats.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.
Legal Responsibility Limitation
- User agrees that neither www.click4flats.com nor its group companies, directors, officers or employee shall be liable for any direct and/or indirect and/or 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 www.click4flats.com has been advised of the possibility of such damages. User further agrees that www.click4flats.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental and/or 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 www.click4flats.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 www.click4flats.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 www.click4flats.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 deficit of service under The Consumer Protection Act or any other Act/Rules, etc.
- www.click4flats.com 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.
- www.click4flats.com 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 www.click4flats.com mobile application on your mobile phone.
Information/Data Use Limitation
- 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 www.click4flats.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 www.click4flats.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 www.click4flats.com ."
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 made 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 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 www.click4flats.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 indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Inseminator (Company).
Confidential Information Terms
- 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 come 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 or 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 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 www.click4flats.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 www.click4flats.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 www.click4flats.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.
Rule of Variations
- The right to amend varies or changes 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 www.click4flats.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.
Terms of Modification and Termination of Services
- The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at any time with or without notice to the User.
- 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.
Mode of Notice
- 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 www.click4flats.com will be done by displaying notices to Users on the service.
- In the event User has any grievance in relation to any information uploaded on www.click4flats.com User may contact us at firstname.lastname@example.org or write at the following address:
(A Click4Flats Company)
404 Lakshmi Complex M.I. Road, Jaipur – 302 001, Rajasthan, India
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.
- The failure of www.click4flats.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 be invalid, the parties nevertheless agree that the court should endeavor 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.
- 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 varies or amends, however exclusively rests with the Company.
Jurisdiction and Governing Law
- 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 www.click4flats.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.
- This Agreement and any dispute or matter arising from incidental use of www.click4flats.com is governed by the laws of India and the User and www.click4flats.com hereby submit to the exclusive jurisdiction of the courts at Jaipur, Rajasthan, India without regard to its conflict of law provisions.
Acceptance Acknowledgement 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 & Condition" 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.
- It is our constant endeavor to make www.click4flats.com an enjoyable and effective experience for all our users. If you observe material or behavior that may violate one of the www.click4flats.com Terms & Conditions, please write to us. This will go a long way in enhancing our service!