Introduction
This website propertyocean.in , including any subdomains thereof, and any other websites through which its services are made available, is owned, hosted and operated by
Terms
1.The term Subscriber/User would include any person, whether an individual or a legal entity who has subscribed to the Services of property ocean (whether on a paid or free basis), and to whom the access to property ocean is restricted by the use of a sign in user name and a password. The user name and password are either allotted by property ocean or chosen by the Subscriber or agreed upon by property ocean. It is made abundantly clear that only the authorized User has the right to access the Services so offered by property ocean.
2.The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by property ocean, without the need or a requirement to create an account i.e. visits non-restricted portions of property ocean. The term Advertiser would include a Subscriber/User uploading or relaying content using the Services.
3.The use and access to property ocean shall be subject to these terms and conditions and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorized user‘ and will nevertheless be subject to the terms and conditions regulating the usage of property ocean, and expressly so with respect to respecting the intellectual property rights of property ocean, and abiding by terms and conditions below mentioned.
4.The terms ‘User‘ and ‘Customer‘ would include both the Subscriber/Advertiser(s) and Browser/Visitor(s).
5.The terms ‘Service‘ or ‘Services‘ would mean to include the interactive online information service offered by property ocean on the internet through which the user may access information carried by property ocean in the database maintained by property ocean. This also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. This also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to property ocean acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
Submission and administration of listings/advertisements
1. User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to property ocean unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User’s website or on property ocean.
2. property ocean does not take any ownership, directly or indirectly towards any person with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by property ocean & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings.
3. Some listings may contain third party audio/video content (“AV Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by property ocean or the providers of the AV content as to its accuracy or completeness. The User agrees to the use of any content or information provided to property ocean for promotional, marketing, and publicity purposes without any compensation. Where you provide us with voice samples or voice recordings to generate voiceovers for video listings, you provide us with a royalty-free, irrevocable, worldwide, sublicensable, and transferable right and licence to use, modify, and further develop the voice samples and voice recordings in a manner that property ocean deems fit.
4. In case a User is covered under the RERDA, it shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing.
5.The User shall disclose all material information as required by LMA and property ocean in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User shall disclose all material factual information as regarding the property being advertised, its correct dimensions as also in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, property ocean may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. property ocean may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, property ocean may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. property ocean will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions.
6. User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website or the property ocean website. property ocean shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on property ocean shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
(a) To represent and warrant that all Properties and associated information provided by the User will be accurate; (b) That the User will not permit the posting of a property on property ocean under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
property ocean shall place the information relating to properties at defined sections of property ocean or such other mirror or parallel site(s). property ocean reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User’s website or on property ocean without notice. property ocean accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While property ocean shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to property ocean.
Users, who are buying/renting property/properties through property ocean, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on property ocean merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.
Payment Terms
1. Payments for the Services offered by property ocean shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable. User acknowledges and agrees that propertyocean.in, gives no guarantees of server uptime or applications working properly.
2. property ocean 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. For completing online transactions involving payments a user is directed to a Payment Gateway, property ocean does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by property ocean, once a credit card transaction has been completed, the payment information is not accessible to anyone at property ocean after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
3. property ocean 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
property ocean offers no guarantees for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts, because multiplicity of organizations involved in processing of online transactions, and many factors involved for example – 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 property ocean.
If you utilize property ocean in a manner inconsistent with these terms and conditions, property ocean may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
Marketing Campaigns with Developers Agencies and Agents/Brokers
1. In case of marketing campaigns property ocean reserves right, in its sole discretion, to decide and deploy the channel/product for advertising to generate leads.
2. property ocean reserves right at its sole discretion, to stop any campaign on either completion of its obligation for leads delivery or upon non receipt of amount as stipulated under agreed terms.
3. property ocean neither guarantees nor participates in nor is privy to potential conversion of delivered leads or any possible transactions as a consequence thereof in any manner whatsoever. property ocean is an intermediary under the provisions of IT act 2000. A lead is contact details of a user who has consented to be contacted about property ocean advertised properties or projects or other similar properties.
4. Any advance or amount received against such invoice is non-refundable.
5. The customer agrees to strictly adhere to applicable data privacy law with respect to the leads delivered by property ocean.
6. property ocean shall not be liable for any loss, direct or indirect, to anyone on account of any reason whatsoever.
7. The customer shall be responsible for the protection of personal data contained in all leads, as per applicable law, and it understands that the limited consent obtained by property ocean is for the purposes of enabling it to share the lead with the Customer.
Video Community Guidelines
User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:
•Video should be original, free from any copyright issue
•Video should not contain any personally identifiable information of the User/Agency
•Video content should not be obscene/inappropriate
•Video should not contain language which is detrimental to any community/segment
Video Content Screening
Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing.
Additionally, the video screening process shall also be carried out in the following cases:
•User reporting the video to toll free/email ids
•Infringement claim by agent/user
The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform.
Agents shall have the option to edit or remove videos during the course of the listing duration.
property ocean shall utilize 3rd party services such as You-tube for hosting and streaming these videos. While doing so, the site and the users on the site shall be compliant with respect to You-tube Terms of Service https://www.youtube.com/t/terms and You-tube API Services – Developer Policies.
Use of Information
1. User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (“Content”) as proprietary to property ocean.
2. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of property ocean. property ocean does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk.
3. User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
4.User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
Limitation of liability
1. Property ocean will not be liable for any damages arising due to the users inability to use property ocean website/platform, its content or links
2. damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure .
3. Property ocean assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User’s data/information.
4. Property ocean shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.
5. Property ocean will not be liable on account of any inaccuracy of information on this web site.
6. Any breach of privacy or of the information provided by the consumer to property ocean to be placed on the website by technical or any other means is not the responsibility of property ocean and property ocean does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on property ocean website or any of its other websites / domains owned and operated by property ocean.
Indemnification
1. You agree to defend, indemnify, and hold harmless, property ocean and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of property ocean material or your breach of these terms and conditions or any applicable law.
2. Property ocean will not be party to any legal proceedings between parties contracted through these Services. In case property ocean is sought to implicated in any legal proceedings, costs will be recovered from the party that names property ocean as a party to such proceedings. property ocean shall abide with any court order served on it through due process.
Arbitration
If any dispute arises between a user/users and property ocean arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Noida. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
Grievances
In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints on-
grievances@propertyocean.in
Terms of use for Users
1. When you show your interest in a Real Estate Listing or express interest in related services on property ocean, you authorize property ocean to contact you (even though you may have registered with NDNC/DNC), and are sending your profile consisting of your personal details and application information including relevant documents to property ocean, and you are requesting and authorizing property ocean to make available such information contained in your response to the applicable Advertiser/seller(s) for such Real Estate Listing(s). You provide consent for your data to be provided to such Advertisers/service providers and others , who may further contact you over the phone/email/whatsapp etc.
Please note that our privacy policy does not govern the use of your data by third parties once it is shared.
2. using property ocean, you agree that property ocean is not responsible for the content of the Advertiser/seller’s/broker’s/builder’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
3. You consent to your application, documents and any responses sent to you by the Advertiser/seller or vice versa through property ocean being processed and analyzed by property ocean according to these terms of use and property ocean’s Privacy Policy.
4. property ocean shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not.
5. property ocean may use your application materials (including public profile consisting of your personal details and responses to advertiser/seller’s questions) to determine whether you may be interested in a Real Estate Listing, and property ocean may reach out to you about such Real Estate Listing (even though you may have registered with NDNC).
6. Information you post in public areas of property ocean’s websites or make visible in your profile, may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While property ocean takes measures to safeguard your information from unauthorized access or inappropriate use, property ocean does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of property ocean website.
Terms of conditions specific for Banks/Payment Gateways/Builders/Developers/Dealers
1. Banks/Payment Gateways/Builders/Developers/Dealers will comply with all applicable Data Protection Laws in relation to the Processing of personal data; and not process personal data which is irrelevant, in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
2. Banks/Payment Gateways/Builders/Developers/Dealers shall implement adequate technical and organizational controls to protect the shared personal data obtained from property ocean against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
3. Banks/Payment Gateways/Builders/Developers/Dealers agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable the privacy law as applicable) in an expeditious and compliant manner
4. Banks/Payment Gateways/Builders/Developers/Dealers agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared
5. Banks/Payment Gateways/Builders/Developers/Dealers warrant and represent that the institution shall not disclose or transfer Personal Data obtained from property ocean to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data and You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.
Grievances
In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints on-
grievances@propertyocean.in