Terms and Conditions

Terms & Conditions

This website BargainingEstate.com., including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet, and other smart device applications, and application program interfaces, etc., (hereinafter collectively referred to as “BargainingEstate.com”) is owned, hosted, and operated by BargainingEstate.com (hereinafter referred to as “the Company”), a company incorporated in Delhi under the laws of India and having its registered office at A-39,Ganesh Park, Delhi – 110051. These terms and conditions, privacy policy, and community guidelines regulating the use of these Services constitute a legally binding agreement between BargainingEstate.com and the User (the “Agreement”).

BargainingEstate.com and/or any other website(s) linked to this website provide an online information and communications service to you, subject to your compliance with the terms and conditions set forth below.

The Company reserves the right to amend or modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on BargainingEstate.com. Users are encouraged to review the modified terms and conditions periodically to stay informed about any changes. Continued access or use of BargainingEstate.com shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended or modified from time to time. The Company may also suspend the operation of BargainingEstate.com for support, technical upgrades, maintenance work, content updates, or other reasons deemed necessary.

If you use BargainingEstate.com in a manner inconsistent with these terms and conditions, the Company may take actions including but not limited to terminating your access, blocking your future access, and seeking additional relief as deemed appropriate for the circumstances of your misuse.

Contents:- Definitions

Subscriber: Any person, whether an individual or a legal entity, who has subscribed to the Services of BargainingEstate.com (whether on a paid or free basis) and to whom access to BargainingEstate.com is restricted by the use of a sign-in username and a password.

Browser/Visitor: A person who utilizes any of the Services offered by BargainingEstate.com without the need or requirement to create an account, i.e., visits non-restricted portions of BargainingEstate.com.

Unauthorized User: Any person who accesses the Services without a legal or contractual right to do so. Unauthorized Users are subject to the terms and conditions regulating the usage of BargainingEstate.com, including respecting the intellectual property rights of the Company.

User/Customer: Terms encompassing both Subscribers/Advertisers and Browsers/Visitors.

Service/Services: Refers to the interactive online information service offered by BargainingEstate.com on the internet, allowing users to access information within BargainingEstate.com database. Services also include search tools for users to search through hosted databases and information.

RERDA: The Real Estate (Regulation and Development) Act, 2016, as amended, along with any relevant rules or regulations.

You can continue building upon this template to include specific clauses and details relevant to BargainingEstate.com

Submission and Administration of Listings/Advertisements

By submitting property listings, advertisements, or any associated information to BargainingEstate.com, the User agrees to adhere to the following terms and conditions:

Ownership and Authorization: Users must ensure that they have acquired all necessary rights and authorizations from the property owner or the power-of-attorney holder, including any required permissions from photographers or copyright owners of photographs. This authorization allows BargainingEstate.com to publish and advertise the said property on the User’s website or BargainingEstate.com. Unauthorized submissions are strictly prohibited.

Ownership of Banners: BargainingEstate.com does not claim any ownership, directly or indirectly, with respect to banners hosted on its website by its customers. These banners are considered a sale of advertising space, and BargainingEstate.com does not independently verify their authenticity or compliance with relevant laws.

Third-Party Content: Some listings may include third-party video content (“Video Content”) for general informational purposes only. This content does not constitute a recommendation or solicitation and is not intended to influence any purchasing decisions. BargainingEstate.com and content providers do not guarantee the accuracy or completeness of such content.

Compliance with RERDA: If a User is covered under the Real Estate (Regulation and Development) Act, 2016 (RERDA), they must obtain all requisite approvals, licenses, and permits issued by competent authorities for the Project/Land/Apartment/Plot listed, following the due legal process. Users must remain in compliance with all applicable laws pertaining to the listed property.

Disclosure of Material Information: Users are required to disclose all material information about the property being advertised. This includes, but is not limited to, the present status, nature, and encumbrances (if any) on the property. Additionally, Users must provide accurate property dimensions and details in accordance with RERDA registrations.

Furnishing of Documentation: BargainingEstate.com reserves the right to request Users to support their claims regarding property status with relevant documents specified by BargainingEstate.com. Users may be required to swear an affidavit affirming the authenticity of the provided information.

Violations and Termination: BargainingEstate.com, at its sole discretion, may search for and remove properties alleged to have been submitted in violation of these provisions. Users who repeatedly or intentionally violate these terms and conditions may face account termination and denial of services.

Display and Modification: Users agree to allow property listings or any part thereof, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of BargainingEstate.com website. BargainingEstate.com reserves the right to choose how properties are displayed and accessed on the platform and may modify property listings as needed.

Accuracy and Representation: Users must represent and warrant that all property information provided is accurate. Users are not permitted to post a property on BargainingEstate.com under a name other than that of a duly authorized real estate agent engaged by the property owner.

Information Display: BargainingEstate.com will place property information at defined sections of its website or any associated mirror or parallel sites. BargainingEstate.com reserves the right to remove any or all parts of properties posted on Users’ websites or on BargainingEstate.com without notice.

User Responsibility: While BargainingEstate.com will make reasonable efforts for data backup and business resumption, Users are solely responsible for retaining backup copies of all information, photographs, and materials submitted to BargainingEstate.com.

Verification: Users buying or renting properties through BargainingEstate.com must verify property details, ownership, rights, liens, and other relevant information independently. The “verified” tag visible on property listings indicates the existence of the property as advertised and does not constitute verification of documentation, ownership details, area, or pricing.By submitting property listings and advertisements, Users acknowledge and agree to comply with these terms and conditions governing the submission and administration of such content on BargainingEstate.com.

Payment Terms

Advance Payment: Payment for the services offered by BargainingEstate.com shall be made on a 100% advance basis. Once subscribed to, payments for services are non-refundable, and any amounts paid shall be considered appropriated. Refunds, if granted, will be at the sole discretion of BargainingEstate.com (hereinafter referred to as “BargainingEstate.com “). The Company makes no guarantees regarding the accuracy or timeliness of refund processing. Users acknowledge that the Company may, at its sole discretion and without prejudice to other rights and remedies, set off amounts paid or payable against any sums owed by the User under any other agreements or commercial relationships.

Service Availability: The Company makes no guarantees of server uptime or proper application functioning. All services are provided on a best-effort basis, and the Company’s liability is limited to the refund of amounts paid.

Amendments to Terms: The Company reserves the right to amend, alter, or change all or any disclaimers or terms of agreements at any time without prior notice. All terms and disclaimers, whether explicitly mentioned or not, shall be deemed included if any reference is made to them.

Payment Security: The Company takes utmost care to ensure the security of all data and information related to electronic money transfers. For online transactions involving payments, users are directed to a Payment Gateway. The Company does not store or retain credit card data. After completing a credit card transaction on a third-party network, not controlled by the Company, payment information is not accessible to anyone at BargainingEstate.com, ensuring maximum security.

Disclosure and Loss Liability: The Company shall not be liable for any loss or damage resulting from the inadvertent or otherwise disclosure of user account information or information related to online credit card/debit card transactions, verification processes, or particulars. The Company shall also not be liable for any errors, omissions, or inaccuracies in disclosed and used information, whether in pursuance of a legal process or otherwise.

Refunds in Failed Transactions: While the Company’s payment reconciliation team works around the clock, no guarantees are made for the accuracy or timeliness of refunds reaching the User’s card/bank accounts due to the complexity of online transaction processing, internet infrastructure issues, and financial institution working days/holidays. Refunds due to incorrect or objectionable property content on the site will be at the discretion of BargainingEstate.com.

Termination for Misuse: If users utilize BargainingEstate.com in a manner inconsistent with these terms and conditions, the Company may terminate access, block future access, and seek additional relief as deemed fit and proper.

Rental Property Services Terms

Use of Rental Property Services: The Rental Property Services provided by BargainingEstate.com shall be used solely for purposes related to the payment of rent or the preparation and registration of rental agreements. Users are prohibited from transmitting information received through Rental Property Services to third parties. Users bear all responsibility for the information provided and its accuracy. Users shall hold BargainingEstate.com, its affiliates, and employees harmless against any claims or actions by individuals, financial institutions, or regulatory bodies.

Sharing of Information: By utilizing Rental Property Services, users consent to BargainingEstate.com sharing the provided information with third parties for processing on the user’s behalf, as required from time to time. Users must not submit false or fraudulent information through any of the services offered.

Rental Payments: Rental Property Services shall exclusively be used for making or receiving rent payments or for preparing and registering rental agreements. Users shall not transmit information received through Rental Property Services to third parties. Users are solely responsible for the accuracy of the information provided, as required for lawful and complete registration of rental agreements in applicable jurisdictions.

Stamp Duty Charges: Users agree to bear all stamp duty charges and any other charges levied as per applicable law. BargainingEstate.com, its affiliates, and employees shall not be liable for any fines or penalties arising from the payment of insufficient charges.By making payments, users authorize BargainingEstate.com to hold, receive, and disburse funds as per their payment instructions for the purpose of facilitating money transfers to the intended beneficiaries. The Company may delay, suspend, or reject transactions based on security or financial risk considerations. Additionally, the Company may charge back transactions in case of disputes or unauthorized transactions, and users shall be liable for any applicable fines or penalties.By accepting these terms, users and property owners consent to provide personal information only after obtaining requisite consents from the owners of such information for lawful registration of rental agreements. Users agree to bear all stamp duty charges as per applicable law and not hold BargainingEstate.com or its affiliates and employees liable for any fines or penalties resulting from insufficient charges.

Tenant Verification

User Consent: By using BargainingEstate.com tenant verification services, the user expressly permits all details shared for verification purposes to be shared with a Verification Partner. For the purpose of these terms, “Verification Partner” refers to any third party engaged to provide tenant verification services. This includes sharing contact details for service purposes. Users are solely responsible for verifying the quality of tenant verification services offered by the Verification Partner. BargainingEstate.com shall not be liable to any party for any services provided by the Verification Partner. Users are responsible for obtaining the express consent of the lessee before sharing personal documents and information with the Verification Partner.

Use of Information

Ownership and Confidentiality: Users agree to treat all information obtained from BargainingEstate.com service, including listings, member directories, and any information otherwise made available to the user in the service (“Content”), as proprietary to BargainingEstate.com. Users agree that content reserved for members will be maintained as confidential and protected as a trade secret of BargainingEstate.com. BargainingEstate.com does not ensure the accuracy of, endorse, or recommend any content, and users use such content at their own risk.

Limited Use: Users may access the listings/advertisements in the service solely to obtain initial information for further evaluation and investigation. Users 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.

Prohibited Activities: Users shall not use or reproduce any content obtained from the service for or in connection with any other listing/advertising service or device. Users 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, especially those 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.

Intellectual Property Rights

Ownership of Marks: All logos, brands, trademarks, and service marks (“Marks”) appearing on BargainingEstate.com are the properties either owned or used under license by BargainingEstate.com and/or its associates. All rights accruing from the same, statutory or otherwise wholly vest with BargainingEstate.com/its associates. Access to BargainingEstate.com does not confer upon the user any license or right to use these Marks. Therefore, the use of these Marks in any form or manner is strictly prohibited. Any violation of the above constitutes an offense under the prevailing laws of India.

Respect for Intellectual Property: BargainingEstate.com respects the Intellectual Property Rights of all parties and adheres to all applicable laws in India in this respect. BargainingEstate.com shall protect and respect the Intellectual Property Rights of users as well as third parties to the best of its ability. In cases where a user(s) is found to be using BargainingEstate.com as a platform to infringe the Intellectual Property Rights of others, BargainingEstate.com is free to terminate this Agreement immediately without notice to the user.

Limited License: By allowing users to access BargainingEstate.com, the company grants users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the services, provided that the user is in compliance with the terms and conditions of the Agreement.

Restrictions/Prohibitions

Misuse of Services: The following actions will constitute a misuse of BargainingEstate.com and are strictly prohibited:

  1. Utilizing the services offered by BargainingEstate.com in any manner that impairs the interests and functioning of BargainingEstate.com or is non-compliant with laws and regulations, including
  2. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivative works from, or otherwise exploiting any content, data, information, including profiles, personal details, photographs, and/or graphics available on BargainingEstate.com and/or any services or products of BargainingEstate.com, in any manner or for any purpose inconsistent with or not in accordance with the Terms of Use. Users are expressly prohibited from using or exploiting BargainingEstate.com and/or any content or data provided therein for:

– Any commercial purposes such as creating alternate databases, extending access to BargainingEstate.com to third parties without the prior written consent of BargainingEstate.com.

– Undertaking any business activity that competes with the business of BargainingEstate.com.

– Sharing access with persons not contracted with BargainingEstate.com.

– Reselling the products/services offered by BargainingEstate.com.

  1. Using or attempting to use any automated program, software, or system or any similar or equivalent process (including spiders, robots, crawlers, etc.) to access, navigate, search, copy, monitor, download, scrape, crawl, or otherwise extract in any manner, any data or content from BargainingEstate.com.
  2. Gaining or attempting to gain unauthorized access, including hacking or password mining, to any portion or feature of BargainingEstate.com or any of the services or products offered on or through BargainingEstate.com not intended for you.
  3. Modifying the services provided through BargainingEstate.com or their appearance without explicit written consent.
  4. Accessing BargainingEstate.com through interfaces other than those expressly provided by BargainingEstate.com.
  5. Attempting to breach or breaching any security or authentication measures set up by BargainingEstate.com.
  6. Scraping, downloading (including bulk-downloading), replicating, or otherwise extracting any information or data from BargainingEstate.com to offer any products or services similar to or competing with those of BargainingEstate.com.
  7. Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for BargainingEstate.com or any related technology.
  8. Circumventing or attempting to circumvent any technological protections used by BargainingEstate.com or any third party to protect the content on BargainingEstate.com.
  9. Bypassing or circumventing service limits, including but not limited to search limits, captcha limits, and occurrences on different triggers.
  10. Interfering with or disrupting the use of BargainingEstate.com by any other User.
  11. Developing, using, or attempting to use any automated program, scripts, robots, third-party software, or system to access, navigate, search, copy, monitor, download, scrape, crawl, or otherwise extract or modify data or content from BargainingEstate.com without explicit written consent.
  12. Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity.
  13. Forging headers or manipulating identifiers to disguise the origin of any user information.
  14. Stalking, threatening, or harassing any other User.
  15. Imposing an unreasonable or disproportionately large load on BargainingEstate.com infrastructure.
  16. Engaging in “framing,” “mirroring,” or simulating the appearance or function of BargainingEstate.com without prior permission.
  17. Spamming BargainingEstate.com or any other Users.
  18. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

– Violates any applicable local, provincial, state, national, or international law, statute, ordinance, rule, or regulation.

– Belongs to another person without the right to do so.

– Infringes upon the rights of BargainingEstate.com or any third party, including copyright, trademark, patent, rights of privacy or publicity, or any other proprietary rights.

– Contains computer viruses or other disruptive code.

– Is harmful, harassing, invasive of privacy, hateful, disparaging, or otherwise unlawful or offensive.

– Constitutes or encourage criminal offenses or violations of applicable law.

– Deceives or misleads the addressee or communicates misinformation.

– Harms minors in any way.

– Threatens the unity, integrity, defense, security, or sovereignty of [Insert Relevant Country], friendly relations with foreign states, public order, or incites violence.

Copyright and Intellectual Property: You expressly agree not to:

Copy, distribute, or modify information on BargainingEstate.com for commercial gain.

Remove any copyright, trademark, or other intellectual property notices contained in the original material from any material copied or printed off from BargainingEstate.com or link to BargainingEstate.com without our express written consent.

Links to Third-Party Websites

BargainingEstate.com may provide links to other third-party websites or online resources for your convenience and reference. However, BargainingEstate.com makes no representations or warranties whatsoever about any other website or online resource that you may access through BargainingEstate.com.

These links to third-party websites are provided solely as a convenience to you and do not imply any endorsement, sponsorship, or affiliation by BargainingEstate.com with the linked website or online resource. BargainingEstate.com is not responsible for the content, accuracy, or opinions expressed on such websites, and access to any third-party websites linked to BargainingEstate.com is at your own risk.

It is recommended that you review the terms and conditions, privacy policies, and practices of any third-party websites you visit, as they may differ from those of BargainingEstate.com. BargainingEstate.com shall not be liable for any damages or losses incurred as a result of your interactions with third-party websites or resources.

By using BargainingEstate.com, you expressly release and discharge BargainingEstate.com from any and all liability arising from your use of any third-party website or online resource.

Disclaimer and Warranties

BargainingEstate.com operates as an intermediary, as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

The content provided on BargainingEstate.com is provided “as is” and on an “as available” basis, without warranties or representations of any kind, either express or implied.

BargainingEstate.com, along with third parties providing materials, services, or content to this website, disclaims all warranties, whether express or implied, statutory or otherwise. These disclaimers include, but are not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, completeness or accuracy of the information, the update or correctness of the information, freedom from computer viruses, or other violations of rights regarding services, products, materials, and contents of BargainingEstate.com.

Views expressed by users on the platform are their own, and BargainingEstate.com does not endorse or take responsibility for them. While every effort is made to ensure that the content is not misleading, offensive, or inappropriate, no claim is made regarding the accuracy and correctness of the information on the site. If any inaccuracies or improper content are identified on the website, please report them as an abuse.

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, real estate, and other related information listed on the website. BargainingEstate.com does not warrant that access to the website will be uninterrupted or error-free or that defects in the website will be corrected.

BargainingEstate.com makes no guarantees or warranties that there will be a satisfactory response or any response at all once a listing/banner is displayed. Any payments made to BargainingEstate.com are solely for the purpose of displaying the advertised property.

Users are strongly advised to independently verify the authenticity of any pre-launch offers they receive. BargainingEstate.com does not endorse investments in projects that have not received official sanction and have not been launched by the builder/promoter. Users dealing in such projects do so entirely at their own risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in BargainingEstate.com or any of its affiliates. Furthermore, nothing contained in BargainingEstate.com should be construed as a recommendation to use any product, process, equipment, or formulation that conflicts with any patent, and BargainingEstate.com makes no representation or warranty, express or implied, that the use thereof will not infringe any patent or otherwise.

BargainingEstate.com is controlled and operated from India, and BargainingEstate.com makes no representation that the materials are appropriate or will be available for use in other parts of the world. If you use BargainingEstate.com from outside India, you are entirely responsible for compliance with all applicable local laws, as well as international conventions and treaties.

BargainingEstate.com offers products, services, content, and various other functionalities through its platform to specific regions worldwide. The services offered in one region may differ from those in other regions due to availability, local or regional laws, legal impediments, and other considerations/factors. BargainingEstate.com does not make any warranty or representation that a user in one region may also obtain the services as provided in another region. Information on BargainingEstate.com may contain references to products, programs, or services that are not announced or available in your country. Such references do not imply that BargainingEstate.com intends to announce, launch, or provide such products, programs, or services in your country.

Limitation of Liability

BargainingEstate.com, its parent company, (XZORY), and their affiliates will not be liable for any damages of any kind arising out of or relating to the use or inability to use BargainingEstate.com, its content, or links. This includes, but is not limited to, damages caused by errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, line failures, 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, and whether or not such organizations or entities were informed or advised of the possibility of such damages.

XZORY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft, destruction, or unauthorized access to or alteration of user data/information. XZORY shall not be responsible for any problem or technical malfunction of online systems, servers, or providers, computer equipment, software, failure of email or players due to technical problems or traffic congestion on the Internet or at any website, or a combination thereof. This includes any injury or damage to any user, members, or any other person’s computer related to or resulting from participation or downloading materials/information from the website.

For the purposes of the Consumer Protection Act, 2019 (CPA), the term “Consumer” will be limited to paid customers who have not subscribed to BargainingEstate.com for commercial gain (business purposes) and intend to utilize the services for individual use only.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of XZORY (service provider) is to provide access to its online portal to the customer for the duration of the subscription period. Reference to any usage, by whatever name called, or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon XZORY.

XZORY will not be liable for any inaccuracy of information on this website. Any breach of privacy or of the information provided by the consumer to XZORY to be placed on the website by technical or any other means is not the responsibility of XZORY, and XZORY does not guarantee the confidentiality of information provided to it by any person acquiring/using all/any information displayed on the BargainingEstate.com website or any of its other websites/domains owned and operated by XZORY.

Termination

XZORY may, without notice and in its sole discretion, terminate or restrict your use or access to BargainingEstate.com (or any part thereof) for any reason. This includes situations where XZORY believes, based on its judgment and perception that you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

Indemnification

Submissions and unauthorized use of any information/materials contained on BargainingEstate.com may violate copyright laws, trademark laws, privacy and publicity laws, communications statutes, and regulations thereto, and other applicable laws, statutes, and rules and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password.

You agree to defend, indemnify, and hold harmless XZORY and/or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners, and agents from and against any claims, actions, or demands. This includes reasonable legal and accounting fees, alleging or resulting from your use of BargainingEstate.com material or your breach of these terms and conditions or any applicable law.

XZORY will not be a party to any legal proceedings between parties contracted through these services. If XZORY is implicated in any legal proceedings, costs will be recovered from the party that names XZORY as a party to such proceedings. XZORY shall abide by any court order served on it through due process.

Privacy Policy

The Privacy Policy of the Platform explains how we may use your personal data. We will always respect and adhere to the privacy policy. Various settings are provided to help you control the manner in which others may view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the user.

Terms of Use for Users

When you indicate your interest in a Real Estate Listing or express interest in related services on BargainingEstate.com, you authorize BargainingEstate.com to contact you (even if you have registered with NDNC/DNC). You are sending your profile consisting of your personal details and application information, including relevant documents, to BargainingEstate.com. You are requesting and authorizing BargainingEstate.com 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 through 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.

In addition, by using BargainingEstate.com, you agree that BargainingEstate.com 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.

You consent to your application, documents, and any responses sent to you by the Advertiser/seller or vice versa through BargainingEstate.com being processed and analyzed by BargainingEstate.com according to these terms of use and BargainingEstate.com Privacy Policy. BargainingEstate.com shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not. BargainingEstate.com 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 BargainingEstate.com may reach out to you about such Real Estate Listing (even though you may have registered with NDNC).

Information you post in public areas of BargainingEstate.com sites or applications 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 BargainingEstate.com takes measures to safeguard your information from unauthorized access or inappropriate use, BargainingEstate.com 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 BargainingEstate.com or application or to a public website.

Additionally, it shall be the sole responsibility of the user to ensure that it uses the ‘Opt-out’ options as it deems fit to debar/refuse access to the data fed by it to dealers. Info Edge shall not be responsible for such insertions/data being accessed by its subscribers or users whose access has not been specifically blocked/debarred by the user while using the privacy settings.

In order to use BargainingEstate.com, you may sign in using your Facebook/Google login. If you do so, you authorize us to access and use certain Facebook/Google account information, including but not limited to your public Facebook profile and posts. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.

Terms and Conditions Specific for Dealers/Builders/Banks/Payment Gateways

You will comply with all applicable Data Protection Laws in relation to the Processing of personal data and not process personal data that is irrelevant or in an unlawful and excessive manner with regard to agreed purposes as defined in the privacy policy and these terms and conditions.

You shall implement adequate technical and organizational controls to protect the shared personal data obtained from BargainingEstate.com against unauthorized or unlawful processing, accidental loss, destruction, damage, alteration, or disclosure.

You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable to the privacy law as applicable) in an expeditious and compliant manner.

You agree that the responsibility for complying with the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared.

You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from BargainingEstate.com to any sub-processors without ensuring that adequate and equivalent safeguards are applied to the Personal Data.

You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.

Arbitration

If any dispute arises between a user/users and XZORY 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. The decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

Severability of Provisions

THIS AGREEMENT between you and BargainingEstate.com, governs your use of BargainingEstate.com. If any provision of these BargainingEstate.com terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order, or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

Waiver

The failure of BargainingEstate.com to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

Governing Law

By accessing BargainingEstate.com, you agree that the laws prevailing in India shall be the governing laws in all matters relating to BargainingEstate.com as well as these terms and conditions.

Jurisdiction

Courts at New Delhi, India, alone shall have the exclusive jurisdiction in all matters relating to BargainingEstate.com and these terms and conditions, irrespective of the territory and jurisdiction of your access to BargainingEstate.com.

XZORY does not routinely monitor your postings to the website but reserves the right to do so. However, if XZORY becomes aware of an inappropriate use of BargainingEstate.com or any of its Services, XZORY will respond in any way that, in its sole discretion, XZORY deems appropriate. You acknowledge that XZORY will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, XZORY will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

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