Terms and Conditions
This website, www.mahadevassociates.com, (hereinafter referred to as "Mahadev Associates") is owned, hosted and operated by Clanstech (India), a proprietorship firm having its registered office at G Block, Plot No-282, Sector-63 Noida 201301. These terms and conditions regulating use of these Services constitute a legally binding agreement between Mahadev Associates and the User (the “Agreement”).
Terms and Conditions
Mahadev Associates and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Mahadev Associates, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Mahadev Associates. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( email@example.com )
Clanstech may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Mahadev Associates. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Mahadev Associates, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Clanstech may also suspend the operation of Mahadev Associates for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize Mahadev Associates in a manner inconsistent with these terms and conditions, Clanstech 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.
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Mahadev Associates (whether on a paid or free basis), and to whom the access to Mahadev Associates is restricted by the use of a sign in user name and a password. The username and password are either allotted by Mahadev Associates or chosen by the Subscriber or agreed upon by Mahadev Associates. It is made abundantly clear that only the authorised User has the right to access the Services so offered by Mahadev Associates.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Mahadev Associates, without the need or a requirement to create an account i.e. visits non-restricted portions of Mahadev Associates.
The use and access to Mahadev Associates shall be subject to these terms and conditions. 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 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of Mahadev Associates, and expressly so with respect to respecting the intellectual property rights of the Clanstech, and abiding by terms and conditions below mentioned.
The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Mahadev Associates on the internet through which the user may access information carried by Mahadev Associates in the database maintained by it. The terms would 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. The term would 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 Mahadev Associates acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535) as amended read with any rules or regulations that might be framed thereunder.
The term LMA shall mean and include the Legal Metrology Act, 2009 (https://consumeraffairs.nic.in/acts-and-rules/legal-metrology/the-legal-metrology-act-2009) as amended read with any rules or regulations that might be framed thereunder.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to Mahadev Associates unless the User submitting such a Listing/Advertisement has acquired 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 Mahadev Associates. Similarly, Mahadev Associates doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by Mahadev Associates & 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. In case a User is covered under the RERDA, it shall have to ensure adherence of all compliance necessary, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information as required by LMA and 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, Clanstech 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. Clanstech 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, Clanstech 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. Clanstech will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the 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 Mahadev Associates website. Clanstech shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Mahadev Associates and Clanstech 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 Mahadev Associates 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;
Clanstech shall place the information relating to properties at defined sections of Mahadev Associates or such other mirror or parallel site(s). Clanstech 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 Mahadev Associates without notice. Clanstech accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While Clanstech 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 Mahadev Associates.
Users, who are buying/renting property/properties through Mahadev Associates, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payments for the Services offered by Mahadev Associates shall be totally free. Clanstech gives no guarantees of server uptime or applications working properly. All is on a best effort basis and no liability. Clanstech, undertakes no liability for free Services. Clanstech. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
USE OF INFORMATION
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 Mahadev Associates. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Mahadev Associates. Mahadev Associates does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A 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. 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.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and Service marks ("Marks") appearing in Mahadev Associates are the properties either owned or used under license by Clanstech and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Clanstech / its associates. The access to Mahadev Associates does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
Clanstech respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Clanstech shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Mahadev Associates as a platform to infringe the Intellectual Property Rights of others, Clanstech will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access Mahadev Associates, Clanstech grants the 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.
You hereby expressly agree not to:
The User / subscriber / visitor to Mahadev Associates or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
Mahadev Associates may provide links to other third-party World Wide Web sites or resources. Clanstech makes no representations whatsoever about any other Web site you may access through Mahadev Associates.
DISCLAIMER AND WARRANTIES
Mahadev Associates is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF Mahadev Associates IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Clanstech AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Mahadev Associates.
Views expressed by the Users are their own, Clanstech does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report 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. Clanstech does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Clanstech offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Clanstech/MahaDev Associates are solely for the purposes of display of the property advertised.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Clanstech does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in Clanstech or any of its Affiliates. Further, nothing contained in Mahadev Associates should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Clanstech makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
Mahadev Associates is controlled and operated from India and Clanstech makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Mahadev Associates from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
Clanstech offers products, Services, content and various other functionalities through Mahadev Associates and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Clanstech 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 Mahadev Associates may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that Clanstech intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
Clanstech will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Mahadev Associates, its content or links, including but not limited to 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, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Clanstech assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User's data/information. Clanstech 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.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Clanstech (service provider) is to provide access of its on-line 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 Clanstech.
Clanstech may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Mahadev Associates (or any part thereof) for any reason, including, without limitation, that Clanstech based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
Submissions and unauthorized use of any information(s)/materials contained on Mahadev Associates may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, Clanstech 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 Mahadev Associates material or your breach of these terms and conditions or any applicable law.
Clanstech will not be party to any legal proceedings between parties contracted through these Services. In case Clanstech is sought to implicated in any legal proceedings, costs will be recovered from the party that names Clanstech as a party to such proceedings. Clanstech shall abide with any court order served on it through due process.
If any dispute arises between a user/users and Clanstech 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 identified by Clanstech. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Uttar Pradesh(UP). The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and Clanstech governs your use of Mahadev Associates. If any provision of these Mahadev Associates 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.
The failure of Clanstech 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.
By accessing Mahadev Associates you agree that the laws prevailing in India shall be the governing laws in all matters relating to Mahadev Associates as well as these terms and conditions.
Courts at Uttar Pradesh (UP), India alone shall have the exclusive jurisdiction in all matters relating to Mahadev Associates and these terms and conditions, irrespective of the territory and jurisdiction of your access to Mahadev Associates.
Clanstech does not routinely monitor your postings to the web site but reserves the right to do so. However, if Clanstech becomes aware of an inappropriate use of Mahadev Associates or any of its Services, Clanstech will respond in any way that, in its sole discretion, Clanstech deems appropriate. You acknowledge that Clanstech 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, Clanstech will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Clanstech reserves all other rights.
Please report any violations of these terms and conditions to Clanstech at firstname.lastname@example.org