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Term And Conditions

1. GENERAL

Welcome to Kalsiestate.com. A platform where we serve digital real estate advertising / marketing and information services and connect people with the real estate market through our website https://www.Kalsiestate.com to provide you with access to a variety of services, including but not limited to the https://www.Kalsiestate.com website (hereinafter refer as "Website" ) and all the products and services available through our Website. The Website is owned and operated by Kalsi Estate Consultant having its Corporate office “Siddharth Nagar, Borivali East, Mumbai, and Maharashtra” (hereinafter refer as “Proprietor” or “Kalsiestate.com”).


By using or visiting website, provided to you (collectively the "Service") you signify your agreement to these terms and conditions (the "Terms of Service") and privacy policy (the “Privacy Policy”) of the Proprietor. It shall be deem to be consider as unequivocal acceptance on the part of the user and it will term as that user has agree to bound to the Terms of Service and Privacy policy given in website.


This document and the Privacy Policy is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended, modified, restated by the Information Technology Act, 2000 from time to time . These ‘Terms of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.


The website reserves an exclusive and independent right to amend, modify, add or delete any terms and conditions or any terms in privacy policy mention herewith at any time without the prior intimation. It is an obligation on the user to timely check the website and stay updated on its requirements .By continuing browsing it shall be deem to be consider that the user is aware of updates and confirm with the same.


2. SERVICES DECRIPTION

Through our technical research and analysis intent to provide assistance in property search to match with the customer requirements and preferences. The sales team helps during Site visits, Pricing / Inventory Negotiation. We have a dedicated team which aids the customer for Mortgage & Financial services, Administrative & Legal support.


We cater into all kinds of properties; categorized as Residential (primary & resale), Commercial, Leasing, Land, Global projects, Affordable Housing, Investor Projects, Structured offerings etc.


We help diversify our clients' real estate portfolios around the globe and are pioneers in bringing Global Properties with the best payout options to Indian investors.


3. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872.


4. TERMS

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
a) The User continues to access and use the Website; or
b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; Whichever is longer?


5. TERMINATION

The proprietor reserves the exclusive right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause.


6. ONLINE SERVICE PLATFORM

The Website is an online service platform that gives advises and recommendations regarding real estate properties.

7. COMMUNICATION/REPORTING:

To facilitate the user with the better services, the Website will ask contact information and providing his/her contact information through the Website, the User hereby agree to receive communications such as calls, autodialed and/or pre-recorded message calls, e-mails SMSs and whatapp or any means of communication from the Proprietor and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the effect Info@kalsiestate.com


8. MODE OF PAYMENT

The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of 'checkout'.


9. SECURITY

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Proprietor / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.


10. OBLIGATIONS AND RESTRICTIONS OF USER

The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
a) Is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Proprietor.
b) Agrees not to access the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User's access to the Website. The User acknowledges and agrees that by accessing or using the Website or any of the services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Proprietor disclaims any and all liabilities arising in relation to such offensive content on the Website. The User expressly agrees and acknowledges that the products / services displayed on the Website are not owned by the Proprietor/Website, and that the same are the exclusive property of certain third parties who have chosen to market their products through the Proprietor's Website, and that the Proprietor/Website is in no way responsible for the content of the same. The User may however report any such offensive or objectionable content, which the Proprietor may then remove from the Website, at its sole discretion.
c) In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User's access to the Website may also be permanently revoked, at the sole discretion of the Proprietor.

d) Further undertakes not to:

i. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
ii. Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
iii. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
iv. Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
v. Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
vi. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
vii. Download any file posted/uploaded by another user of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
viii. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
ix. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
x. Collect or store data about other users of the Website.
xi. Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
xii. Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
xiii. Violate any applicable laws, rules or regulations currently in force within or outside India;
xiv. Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
xv. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
xvi. Publish, post, or disseminate information that is false, inaccurate or misleading;
xvii. Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
xviii. Commit any act that causes the Proprietor to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Proprietor/Website;
xix. Engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Proprietor.


The User hereby expressly authorises the Proprietor/Website to disclose any and all information relating to the User in the possession of the Proprietor/Website to law enforcement or other government officials, as the Proprietor may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Proprietor/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request with or without prior intimation.


The User expressly agrees and acknowledges that the Proprietor/Website has no obligation to monitor the materials posted on the Website, but it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Proprietor/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party(ies), nor does it contain any libelous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.


11. INDEMNITY AND LIMITATIONS

The User hereby expressly agrees to defend, indemnify and hold harmless the Website ,Proprietor, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User's obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.


In no event shall the Proprietor/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Proprietor/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User's use of or access to the Website and/or the products, services or materials contained therein. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Proprietor/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.


12. INTELLECTUAL PROPERTY RIGHTS

All content included in our Services, such as text, brands graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of the Proprietor, and its content suppliers and protected by copyright laws. All software used on this Website and Mobile App is the property of the Proprietor. Some of which that appears on this site not owned by Proprietor are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by inmumbaiproperties.com or its affiliates. The access to the website does not confers any right or privilege to the User to use any of the marks in any manner or form and it is strictly prohibited unless and until prior consent been taken from Proprietor or owner of the intellectual property. Non-compliance of will lead to violation of the prevailing applicable Laws of India. Our website is committed to remove infringing products from its platform. To facilitate this, we have put in place a “Infringement Verification process” on our website so that intellectual property owners could easily report listings that infringe their rights. We always work to remove any infringing products as they would erode the Buyer and Seller trust. If you are a verified rights owner and want to report a listing issue, you may report Info@kalsiestate.com


13. GRIEVANCES

Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the Grievance Officer through email on the following email Id. Info@kalsiestate.com. Any grievance so received by the Proprietor shall be resolved within the best possible time.


14. DISPUTE RESOLUTION AND JURISDICTION

For the speedy disposal of any dispute related to the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.


a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;


b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Proprietor, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai in the state of Maharashtra, India.


The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties irrespective of the territory and jurisdiction of the user.


15. NOTICES Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Proprietor by the User reducing the same to writing, and sending the same to the registered office of the Proprietor by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD) or Email.
16. GOVERNING LAW The Parties agree that all matters related to this Agreement shall be governed by the Laws of India each Party irrevocably consents to the exclusive jurisdiction of the state of Maharashtra with respect to any action brought in connection with this Agreement.
17. MISCELLANEOUS PROVISIONS

a) Entire Agreement: These Terms form the complete and final contract between the User and the Proprietor with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;


b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.


c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.


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