1. ACCEPTANCE OF TERMS

   1. We provide Services to You only for transactions in residential or commercial Real Estate and may also be used for transactions in relation to rentals, pre-rental and properties which are for sale purposes.
   2. You agree to be bound by these Terms once You have access to the Website or have started availing our Services. You acknowledge and represent that You have read and understood these Terms and therefore promise to abide by them. Also, all the information provided by You for registering or listing of property on this Website shall be accurate, complete, and are Yours or within Your right to use them. If the information provided by You pertain to a company or a firm or an agency then You shall possess proper authority to enforce these Terms and bind such an entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such entity and its affiliates.
   3. It is of utmost importance for You to acknowledge that even though these Terms are not physically signed by You and Bro-King and is merely in an electronic form but it will constitute a contract between You and Bro-King. These Terms supersedes any other agreement or services that took place earlier between You and Bro-King.
   4. You agree not to use the Services in any way that is unlawful, or harm us or our Service Providers, Agents or any other Users.
   5. We shall grant You uninterrupted, non-exclusive, non-transferable, royalty-free and limited right to operate the Website.
   6. The overall data that have been cumulated (“Aggregate Data”) shall be used only for Real Estate purposes. We may not display or share with any of You the Source from where our data is collected. You may use the aggregate data in accordance with these Terms. You shall not share this data with any third party without our written consent.

2. DESCRIPTION OF SERVICE

   1. The “Services” provided by us includes:
      • all the information contained on this Website.
      • platform, tools and searches through this Website, and
      • any other Services or new features to these Services are subject to the Terms of this Website based on the plan subscribed, including all software, data, text, images and other contents made available through this Website (collectively called as, “Content”).
   2. All the Services are explained and made available to the best of our efforts so as to provide You with the detailed subscription plan, except for situations where:
      • downtime or downgrading of Services takes place and an advance notification is given, or
      • if any act of God, act of Government, acts of terror or civil unrest or technical failure occurs which is beyond our control, unavailability of the Website could be caused due to such circumstances.
   3. For registering on this Website certain mandatory information needs to be provided and if not provided, then access as registered member may be denied at Your sole discretion. All the information provided by You shall be deemed to be true, complete and accurate.
   4. For listing the properties on the Website, You shall possess the complete right over the property to list out details of the property. The property could be listed for the purpose of rent or sale. The User shall take all reasonable efforts to ensure that the information is accurate and complete and not misleading in any way. By listing such properties on the Website, You give full authority to the Website to publish such information and allow other users of the Website to view and make use of listed properties on the Website.
   5. You shall not host, display, upload, modify, publish, transmit, update or share any information using any of the facilities or services provided by the Website because:
      • You do not have any right on that information as it belongs to another person.
      • It is unsolicited or unauthorized advertisement, promotion or any other form of solicitation or a ‘junk mail’ or ‘spam’ ;
      • It is harmful for minors in any way
      • It might cause infringement of any patent, trademark, copyright or other proprietary rights of any third party,
      • It may constitute violation of any law for the time being in force.
      • It may deceive or mislead the addressee about the origin of such messages or communicates any information which may be false, grossly offensive or menacing in nature,
      • It may impersonate another person
      • It may contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource,
      • It may threaten the unity, integrity, defense, security or sovereignty of India, the friendly relations with foreign States, or public order or may causes incitement to commission of any cognizable offence; or
      • It may act as a hindrance or may prevent investigation of any offence or may be insulting or defaming any other Nation.

3. OBLIGATION OF THE USERS

   1. All the information that appears on our Website has been collected from different sources which appear to be reliable to us or have been provided or listed by the Users of the Website. All the information on our Website could be used for self-help purposes. However, we have not verified all the descriptions, details and explanations related to all the properties. Thus, all the information is expressly without any warranty or liability. The correctness and completeness of the information is the sole responsibility of the User and shall be liable for any and all actions taken by third party (whether civil/criminal).There could be no assessment of the future development or return from the property based on any opinions, assumptions, estimates or predictions made in this regard.
   2. We shall not be held responsible for any contamination of water, air, soil, building or any other environmental factors and all such factors shall be checked and examined by the User for further clarity.
   3. It shall be the sole responsibility of the User before dealing in any such land or building to investigate if any technical, financial, legal or tax related complications are not related in buying or renting of such property. We only provide information and shall not hold any liability for their inaccuracies, if any.
   4. We shall be notified by the User of any infringement or un-authorized use of the account or any other breach of security.
   5. The Users have limited rights to access and use the services which are granted to them by us. But, we shall have exclusive right, title and interest in all the Services, including all related intellectual property rights related with the Services.
   6. You agree not to:
      • Exploit the Services commercially and make available to any third party or transfer, sell, assign, sublet and rent out to any third party unless expressly specified and permitted under these Terms.
      • Make use of the Services to process data and information on behalf of any third party,
      • Access any account which You are not authorised to deal with,
      • Gain unauthorized and false access by hacking or modifying the Website or the Services provided or associated with the Website.
      • Make copies, download, publish, modify, reuse or distribute any information on this Website unless specifically allowed by the authorized representatives of this Website
      • Sell or distribute the data shared by us for commercial gains or use the modified data in any form including as incorporated in anyone else’s work or published on any other electronic platform or Website without our prior written consent;
      • Violate or infringe the privacy policy or intellectual property rights of any person and shall also prevent the use of Services in any unlawful manner or send spam or otherwise duplicative or unsolicited messages in violation of applicable law;
      • Overload the account with mails or submit a virus by accessing the account of any other user;
      • Avail any Services in such a manner that it interferes with or disrupts the Website in providing accurate or feasible Services;
      • use the Services to knowingly post, upload, link, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or
      • use the Service in violation of these Terms.
   7. We shall not be held liable in maintaining the confidentiality of Your login id or any other details that is related to Your account. You shall be solely responsible for all the transactions that take place through Your account. You promise that anything You post or transmit will be treated as Services.
   8. Our failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of these Terms.
   9. You agrees to indemnify and keep us indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the Website are true and correct and belong exclusively to us and not to any other third party.
   10. Unless the information or data on the Website is listed by You, it shall not be subject to print, download, duplicity, deletion or amendment by anyone else except by or through the authorized user or Website.

4. OBLIGATIONS ON BRO-KING

   1. We do not accept any responsibility for the data entered in our Website.
   2. We shall appoint a third party who has agreed to our Terms and Conditions and will upload the list on our Website.
   3. You will only upload listings to the website yourself or via an authorized third party who has agreed to our terms and conditions for uploading properties to the Website.
   4. We shall not be liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the information or data shared by you for registering your listing on the Website. Further we shall not be responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Website.

5. INFORMATION ON OUR WEBSITE

   1. We do not vouch on any information on our Website and should not be subject to multiple interpretations. The information should be taken as it is. We do not investigate, verify or warrant the accuracy of any materials or information contained in any professional’s profile on our site. You will be solely responsible for the representation, advice and services (including listing of properties) that You take up from any third-party. It is Your duty to assess the quality, integrity, suitability and trustworthiness of the information. You will be solely responsible for all the decisions that You make.
   2. We have our in-house Quality Control Team (QCT) to review the services. Any and all the information that the QCT find not to be of the appropriate standards, then that information will not be displayed on the Website. In any event whatsoever the decision of the QCT is final and will prevail.

6. BROKING’ S RIGHTS

   1. Unless the information provided is for the purpose of rendering or receiving of service on the Website, any communications or materials You send to the Website by electronic mail or otherwise, including any comments, data, questions, suggestions or surveys, shall, subject to the privacy policy, be treated by us as non-confidential.
   2. The information provided by You relating to your Property will be taken as accurate and will be uploaded on the Website on “as it is” basis. Such information listed by you is not and will not be subject to any further approval or verification before we upload it.

7. AUTO-RENEWALS, FREE TRIALS AND PAID ACCOUNTS

   1. We make available information related to the residential and commercial properties situated near and around Delhi for sale, rental and pre-rental purposes. Considering the specific requirements and parameters of the user an option for “Advance Search” is being made available on the Website. Further, the option of “Quick Search” helps the user to complete the search in less time span by using selected keywords. This option helps the user in obtaining effective and quality outcomes.
   2. We also provide free formats that can be put to the use of the concerned User (referred to as “Document Generator”). Once the user shortlists some good options according to a particular client’s requirements, the Website through its “Send Proposal” option helps the user in creating and sharing a proposal from the Website itself. Also, if according to the User any information displayed on our Website is not correct than the User may intimate us by posting the same through the “Report" button on the Website.
   3. We provide the following subscription plans which require a valid payment instrument in order to avail our services. Such subscription plans are:
      300 Listings or 3 Months (whichever expires first) for Rs. 4,800 plus taxes,
      600 Listings or 6 Months (whichever expires first) for Rs. 8,160 plus taxes and
      1200 Listings or 12 Months (whichever expires first) for Rs. 14,400 plus taxes.
   4. Upon expiration of any of these services, You will automatically join the subscribed plan. You have chosen and we will charge Your authorized payment instrument for the relevant monthly fee or annual fee, as applicable. Please note that it shall be Your responsibility to maintain a file of the updated credit card information, in order to ensure uninterrupted services.
   5. By entering into a paid membership subscription for our Services, You agree to pay the stated fees associated with such membership, including any recurring payments, if applicable. Your paid subscription may automatically renew in accordance with these Terms. Unless You notify us before the renewal date of Your auto-renewing paid membership that You wish to downgrade, Your paid subscription will automatically be renewed for the subsequent period. If we are unable to charge Your designated payment method for any reason, we reserve the right to automatically downgrade Your paid plan to a lower-priced plan or to suspend Your paid membership until Your designated payment method can be charged again.

8. MEMBERSHIP DOWNGRADE

   You are at liberty to stop using the Services at any time after giving a prior notice to us. In addition, if You fail to provide a payment on time, we shall reserve the right to downgrade Your account without prior notice. Please note that Your ability to access the documents that You created on this Website will not be affected after You downgrade Your membership.

9. DATA PRIVACY AND SECURITY

   1. For the duration for which You avail our Services we shall safeguard Your information and keep them confidential and protect the integrity and security of Your shared information as specified by us in our Privacy Policy. Various safeguard measures shall be adopted by us including encryption of Your data in transmission (using SSL or similar technologies).
   2. You agree that we might have access to all the information provided by You in order to provide You Services properly. We shall not disclose such data except if compelled by law, or permitted by You, or pursuant to the terms of the Bro-King Privacy Policy.
   3. The security of Your data is our responsibility and we shall therefore maintain appropriate administrative, physical and technical safeguards so as to benefit You.
   4. In order to provide You with timely and appropriate Services we might gain access to Your account information. We shall not in any case disclose Your data or personal information in public domain except if compelled by law, or permitted by You, or pursuant to the terms of the Bro-King’s Privacy Policy.

10. INTELLECTUAL PROPERTY RIGHTS

    1. All the trademarks, patents, interventions, copyright, trade secrets, domain names, and know-how with respect to any intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”) shall be maintained by us and all the rights, title and interest shall be maintained.
    2. When You use our Services in compliance with these Terms, no additional rights or Intellectual Property Rights are granted to You along with the regular rights. We shall take suggestions, enhancement requests, recommendations or feedback from You to have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license so as to incorporate that into the Services.
    3. Now or anytime in the future no attempt shall be made by You to claim any rights in the Intellectual Property or degrade the distinctiveness of the Intellectual Property or use the Intellectual Property to disparage or misrepresent Bro-King, its services or products.

11. THIRD PARTY SERVICES

    The Website may allow access to certain third party services or software’s in compliance with separate Terms (collectively referred to as “Other Services”) in conjunction with our Services. In any case if You decide on availing the Other Services, You need to be aware of the fact that You shall be governed solely by the Terms of such Other Services. We shall also make clear to You that we do not endorse or be held responsible for the content in which they make representations or handle Your data. Once You gain access to the Other Services You shall not hold Bro-King liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Other Services, or Your reliance on the privacy practices or other policies of such Other Services. By enabling third party services within these Services, You are allowing Bro-King to pass Your log-in information to these Other Services for this purpose.

12. BILLING, PLAN MODIFICATIONS AND PAYMENTS

    1. Billing and Payments - The Service is made available on a pay-as-you-go basis and is charged at the start of Your selected subscription term (generally monthly or annually). If You do not provide us with the requisite information then we won’t be able to provide You with prompt Services. For renewal of any Services renewal amount shall be paid thereafter only Your subscription will be renewed based on Your plan’s renewal cycle. A receipt shall be received by us also whenever a payment is made by You.
    2. Modifying Your Subscription - If You choose to bring changes in Your subscription during Your elected subscription period then You are entitled to pay for the increased cost prorated over the remaining period. Such cost might also be adjusted in Your next billing cycle. There are no refunds for unused time and partial credit Services regardless of whatever shall be the billing cycle. We shall not be held liable for any loss that You may incur if You choose to downgrade Your plan level and this may also affect the quality of Your account.
    3. Overdue Charge - If You fail to pay Your subscription fee on time, or if there is any default with respect to any payment information then Your entire subscription may be suspended or cancelled. Once the payment of due amount is made the subscription may be renewed.
    4. Billing Privacy - We will not retain, use or store any of Your credit card or any other processing information as all the payment processing will be managed by third party intermediary and therefore this intermediary shall not be permitted to store, retain, or use Your billing information except to process Your credit card information for Bro-King.
    5. In any situation if You cancel Your subscription then cancellation penalty will be equivalent to the remainder of unpaid funds until the tenure of the subscription has elapsed. Any amount already paid shall not be refunded.

13. CANCELLATION AND TERMINATION

    1. To cancel our services You can send a prior written notice of thirty days (30) to our email address and we shall process Your request and suspend Your account within the time period as specified. During the One month (1) process of cancellation You can still have access to our Website. Once Your account is cancelled You shall have no access to the information and all the information related or provided by You shall also stand deleted. Once the information is deleted it cannot be recovered by any means.
    2. Also, we at our own discretion hold the right to terminate Your services (permanently or Temporarily), if we are of the opinion that any of our terms have been violated or if You get involved into any illegal and fraudulent activity. We shall also intimate You before cancellation and termination of Your account.

14. LIMITATION OF LIABILITY

    One of the very important things to keep in mind before You start using these Services is the implications of this clause and other specified Terms on the Services. We shall not be held liable for any on-line technical failure or any malfunction of the Server or any error caused due to the problems arising out of e-mail address transaction. To the extent permitted by law and under any circumstances, we shall not be held liable for any indirect, special, incidental or any similar kind of damages incurred by You.

15. INDEMNIFICATION

    You agree to protect, defend, indemnify and hold Bro-King and their subsidiaries, employees, officers, affiliates, directors, agents, representatives or partners and employees harmless from and against any and all liabilities, losses, claims, damages, fines, penalties, costs and demands including reasonable attorney’s fees, made by any third party arising from or relating to:
    • any breach of any statute, regulation, direction, orders or standards from any governmental body, agency, telecommunications operator or regulator applicable to such party; and/or;
    • any breach of these Terms by the You; and/or;
    • any violation of the rights of any other person; and/or
    • any claim of any infringement of any intellectual property right or any other right of any third party or of law by You; and/or;
    • all matters of embezzlement, misappropriation or misapplication of collection/moneys which may from time to time during the continuance of these Terms come into his/her /its possession /control; and/or;
    • any unauthorized usage of materials, if any, provided by Bro-King to You.

16. INDEPENDENT CONTRACTOR

    Bro-King and the Users shall be deemed to be independent contractor and nothing contained herein shall constitute this arrangement to be a joint venture, employment or partnership. Both of them shall be solely responsible for all their claims, taxes, fees or costs and hold the other party or third party harmless against the claims.

17. MODIFICATIONS

    We may revise or amend these Terms time and again and shall notify You with respect to the new and updated Terms in this Website. The new version of such Terms shall supersede the prior version. By continuing to use or access the Services after the revisions come into effect, You agree to be bound by the revised Terms.
18. MANNER OF DISPUTE RESOLUTION In case any dispute arises while You avail our Services or thereafter, in connection with and arising from Your use or attempt to use our Services, such a dispute shall be referred to the Indian Council of Arbitration. A Sole Arbitrator shall be appointed by Bro-King. The venue and seat of arbitration shall be New Delhi. The Arbitration Proceedings shall be conducted in the English language. The award of the Arbitral Tribunal shall be final and binding on You and Bro-King.
    The said Arbitration Proceedings shall be governed and construed in accordance with the Arbitration and Conciliation Act, 1996 subject to modifications time and again.
    Any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts of New Delhi to the exclusion of any other courts that may otherwise have jurisdiction in the matter.
    In the event if the Arbitration Proceeding could not be conducted successfully or if any party fails to comply with the Arbitrator’s award then the other party is entitled to bear the cost of the suit filed, including a reasonable attorney’s fee for having to compel Arbitration or defend or enforce the award.

19. APPLICABLE LAW

    In all matters relating to Bro-King and the usage of this Website shall bind You to the Terms and therefore You shall be governed by the laws of India as applicable to the State of Delhi. We shall cooperate with all the law enforcement authorities and Orders of respective Hon’ble Courts requesting or directing us to disclose any information related to You or any information with respect to the materials posted on our Website. We also undertake that we do not take any liability or responsibility of any violation of these Terms.

20. GENERAL PROVISIONS

    1. You may choose to avail our Services entirely at Your cost and consequences.
    2. We do not represent or warrant that those services under such categories are advisable or without risk. We do not accept liability for damages, losses, or delays that may result from the Service.
    3. We are not liable for the acts, errors, omissions, representations, warranties, breaches or for any loss, damages including property damage, or other damages or expenses resulting therefrom.
    4. The information on this Website is only that which is already available in the public domain and not anything which has been created or provided from our side.
    5. We reserve our exclusive right in our sole discretion to alter, limit or discontinue this Website or any materials posted herein, in any respect. We shall have no obligation to take the needs of any User into consideration in connection therewith.
    6. We reserve the right to deny in our sole discretion any access to this Website or any portion hereof without notice.
    7. No waiver or delay in exercising a provision by us of any provisions of these Terms shall be binding on us except as set forth in writing and signed by our duly authorized representative.
    8. We may change or remove any part of these Terms or any other content (including features and specifications of the Services) described or depicted on this Website, temporarily or permanently at any time, without notice. Any changes to these Terms or any terms posted on this Website apply as soon as they are posted. By continuing to access, browse and use this Website after any changes are posted, You indicate Your acceptance of those changes.
    9. We reserve the right to undertake all necessary steps to ensure that the security, safety and integrity of our systems as well as our client’s interests are well–protected.

21. GRIEVANCE REDRESSAL

    If You feel the need to file a complaint or have any query with respect to the functioning or usage of our Website, then You may contact the Grievance Redressal Officer through our email address: info@bro-king.com

22. WAIVER, SEVERABILITY AND ASSIGNMENT

    Our failure to enforce a provision is not a waiver of its right to do so later. If any part of the provisions of the Terms is not enforceable, then the remaining provisions of the Terms shall remain in full effect and an enforceable term will be substituted and posted on the Website reflecting our intentions.
    If any clause of these Terms is held to be invalid or unenforceable then such clause shall be modified and interpreted by the competent authority to best accomplish the original provision to the fullest extent permitted by law and the remaining clauses will be enforceable and shall remain in full force regardless of such invalid or unenforceable clause.
    Without serving any notice to You, we shall assign the use of this Website to anybody. But, we give no right to You to assign Your rights to anybody without taking prior written consent from us. It shall be a void transfer/assignment, if our prior consent is not taken. In the interest of the Website and for proper functioning of the Services, we shall assign the rights to any of the affiliates or subsidiaries or to any successor. Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties).

********