Disclaimer
Gandhimathi.com (hereinafter referred to as “Website”) is owned, hosted and operated by [ Gandhimathi Realtors LLP (hereinafter referred to as ″Gandhimathi.com″)]. THE CONTENT OF this website i.e. Gandhimathi.com. is provided on an ″AS IS″ and on an ″AS AVAILABLE″ BASIS, WITHOUT WARRANTIES or REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Gandhimathi.com is an ‘intermediary’ as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
Gandhimathi.com or any THIRD PARTY providing materials, services or content to this website DISCLAIMS ALL WARRANTIES, EXPRESSED 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 THIS WEBSITE.
Gandhimathi.com does not endorse any views expressed by third parties on this Website nor any information posted on this Website by third parties and shall not responsible for them. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Website. You are strongly advised to verify the authenticity of the information provided on this Website prior to relying and acting on the same. By using or accessing this website for any or all the materials and information contained herein, you acknowledge that you have read, understood, accepted and agreed to be bound by the Terms and Conditions for use of the Website contained herein. Moreover, as stated by the use or access of this Website would expressly mean that you irrevocably accept all the terms of this Disclaimer and the Website User Agreement as specified in this website. The use or access of this Website in any manner shall constitute an irrevocable acceptance of this Disclaimer.
In the event you find any information / material on this Website to be inappropriate or objectionable, please report the same to [email protected].
No Liability / Limitation of Liability
While Gandhimathi.com uses its reasonable efforts to include accurate (approx.) and up-to-date information on this website, errors or omissions sometimes may occur. Gandhimathi.com expressly disclaims any liability, whether in contract, tort, and strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access to or use of this site. All information given in this website, including but not limited to graphics, text and links to other sites, is provided ″as is″ and is subject to change without prior notice. Such information is provided to the fullest extent permissible and pursuant to applicable law, without the warranty of any kinds expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling devices. Gandhimathi.com is an independent organization and is not an associate/confederate of any third party, relating to whom any content is listed/mentioned on this website. Therefore, lest it is categorically specified, the listed content (including any brand, logo, mark or name) of projects developed, owned, promoted, sold, resold, rented, rented out, sublet, leased, subleased or marketed by any third party is not to be understood/assumed as Gandhimathi.com association with or endorsement of such project or party. The Website is only a platform for providing information on opportunities for transactions that two users of the Website may enter into outside of the auspices of the Website or the Services provided by the Company. Any contractual or commercial agreements are agreed to be between users alone and neither the Website nor the Company shall be in manner liable or responsible for these commercial arrangements. The Company is not responsible for any breach of any contract (to which the Company is not a party) concluded by any of the user/s.
Your use of the Website and its functionalities shall not act to make the Company your agent in any form or manner. Any disputes between you and any other users are to be resolved between you and such users only and the Company is not responsible and shall not be required to mediate or resolve any disputes or disagreement between such users. You acknowledge and agree that you cannot and will not enjoin the Company or its affiliates, officers, employees, agents and professional advisors as a party to any such dispute.
Gandhimathi.com does not (at all) warrant the adequacy, accurac ss, equipment or formulation, in conflict with any patent, or otherwise and Gandhimathi.com makes no representation or warranty, express or imply that, the use thereof will not infringe any patent, or otherwise. Again, Gandhimathi.com will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by deficiency of services delivered by builders/owners/sellers 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 possible damages. Gandhimathi.com undertakes 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 customers data/information. By acting on any information provided on Gandhimathi.com, you confirm, on behalf of yourself and your past and present parent companies, subsidiaries, divisions, affiliates, officers, directors, employees, partners, principals, members, stockholders, owners, successors, transferees, assigns, heirs, executors, administrators, attorneys, agents and representatives, that you hereby irrevocably and unconditionally, forever waive, release, acquit and discharge Gandhimathi.com and its past and present employees, associates, partners, principals and their respective successors, transferees, assigns, heirs, executors, administrators, attorneys, agents and representatives, in each case, from, against and with respect to, any and all actions (including any legal proceeding), causes of action, complaints, charges, claims, costs, damages, demands, debts, defenses, duties, expenses, fees (including any attorney or adviser fees), fines, injuries, interest, judgments, liabilities, losses, obligations, penalties, promises, reimbursements, remedies, suits, sums of money, and torts of any kind and nature whatsoever, whether in law, equity or otherwise, direct or indirect, individual or derivative, fixed or contingent, foreseeable or unforeseeable, liquidated or unliquidated, known or unknown, matured or unmatured, absolute or contingent, determined or determinable arising in relation to or resulting from the information, advice, opinion or services provided through this Website.
Use of Information/data supplied
The users agree and irrevocable authorizes Gandhimathi.com to use for its own purpose, any data or/and information supplied by the user in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties as Gandhimathi.com may determine. The user further acknowledges that the representative of Gandhimathi.com may contact the user, upon the user agreeing to be contacted by Gandhimathi.com and, Gandhimathi.com may store personal information of the respective user for a reasonable amount of time, further, voice conversations between the user and representatives of Gandhimathi.com may be recorded by Gandhimathi.com. If you do post content or submit material, and unless we indicate otherwise, you grant Gandhimathi a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gandhimathi.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gandhimathi.com for all claims resulting from content you supply. Gandhimathi has the right but not the obligation to monitor and edit or remove any activity or content. Gandhimathi takes no responsibility and assumes no liability for any content posted by you or any third party. The user agrees and acknowledges that the recorded voice conversations stored by Gandhimathi.com are not sensitive personal data or information of such users, as understood under the applicable laws. Further, the user has consented to Gandhimathi.com passing on such voice recordings to any other associated companies or selected third parties as Gandhimathi.com may determine.We are providing features to call between customers and property owner. These calls will be recorded for further references.
Term of Use
In relation to the use and access of the Website, its content and features, You agree and undertake the following:
- Any user agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to Gandhimathi.com unless the customer has acquired all necessary rights and authorizations from the owner of such property or the power-of-attorney holder.
- The user shall disclose all material information in respect of 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.
- Gandhimathi.com shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller and both Seller and Customer/Buyer/User shall settle all such disputes without involving Gandhimathi in any manner.
- The user in addition, shall furnish a brief background of such property in respect of title, ownership and possession.
- 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.
- Gandhimathi.com has at its sole discretion but without any obligation to, rights of searching for such and removing properties that are alleged to have been submitted in violation of these provisions.
- In addition to these documents/certificates/affidavits, Gandhimathi.com reserves the right to demand furnishing of more evidences or terminate the contracts/accounts and forbid the user’s access of users who repeatedly violate these Terms and Conditions.
- Gandhimathi.com may also require the customer 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 Users agree to allow the property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by all the users of this website.
- Gandhimathi.com shall have the sole authority to choose the manner in which any property will be searched, displayed, accessed, downloaded, copied, and otherwise used and shall have the right to modify the property listing in the exercise of its rights under these clauses/agreement.
- The user agrees to represent and warrant that all properties and associated information provided by the user are accurate.
- Gandhimathi.com reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties posted on this websites or any of its affiliated/microsite portals.
- Gandhimathi.com shall take all reasonable efforts for data backup and business resumption, however, the user will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted.
- Customers, who are buying/renting property/properties through Gandhimathi.com, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
- Other than when acting as a broker advertising a real estate property on the Website, upload, transmit or publish any information on behalf of a third party, including any User Information of any person other than You, and more specifically, You will not impersonate another person.
- Upload, transmit or publish any information or material which is threatening, abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory, racially or ethnically objectionable or contains pornography is strictly debarred.
- Violating the privacy or publish any personal information of any person except to the extent specifically (officially/legally) approved by such person and only to the extent absolutely necessary to advertise that such person real estate property is available for rentals/sale/lease is strictly debarred.
- Upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Website, the Company’s computer systems, or the computer systems of other users or third party systems is strictly debarred.
- Upload transmit or publish anything which You do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third party is strictly debarred.
- Use the Website in any manner which is not permitted under these Terms and Conditions or in any manner which is illegal or unethical is strictly debarred.
- Access the Website in any unauthorized manner, including by hacking or using log in credentials of any other user is strictly debarred.
- Use the Website for any unauthorized marketing purposes or for sending any unsolicited materials is strictly debarred.
- The users of Gandhimathi.com are subject to Gandhimathi.com privacy policy.
If any of your actions on the Website or materials posted by you on the Website are inferred/flagged as inappropriate, the Company reserves the right to review such actions or content to determine, in its sole and absolute discretion, whether it violates these Terms and Conditions. If the Company removes your content or disables your account and/or access to the Website, you may assume that such removal or disablement was purposeful on the part of the Company. The Company may, additionally refuse to let you re-register on and/or use the features and functionalities of the Website as its sole option.
Call Back Guarantee Terms
Gandhimathi.com will try their best to call a user for assistance, however, Gandhimathi.com cannot be held responsible for any technical delays.
Payment Terms
- Gandhimathi is not liable for any mode/kind of payments done in the name of Gandhimathi other than payments through Gandhimathi.com or Gandhimathi realtors LLP , bank account. We don’t have any franchisers/dealers/agents to collect payments. You will indemnify Gandhimathi for all claims resulting from payment done to any third party agents other than Gandhimathi
- Gandhimathi.com does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. Gandhimathi.com 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.
- Gandhimathi.com 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. We are not assuring that your property will shows first among the premium contents. This position will vary according to our Round Robin Algorithm.
Cancellation/Refunds Terms
- The information facilitated by Gandhimathi.com will never vouch/guarantee the desired conversion for any customer and hence cannot ever entail/endow any cancelation or refund for any transaction/payment whatsoever.
- In the event of any inadvertent disconnect while you transact with assistance of Gandhimathi.com, due to any reason/s, you are notified that we don’t have a cancellation policy as we charge for services and not products. Cancellation charges cannot be made effective for the services provided by us. Please be informed that the requests received will not be treated as cancellation of our services.
- Refunds will be issued to the original partaker in the transaction only in case of double or extra payment made in favor of Gandhimathi.com owing to a technical glitch (while transferring funds electronically/manually). This will only be issued only after consulting Gandhimathi technical staff.
Technical or online issues
Gandhimathi.com shall not be responsible for any problem or technical malfunction of 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 customer and/or members or to any other person/computer related to or resulting from participating or downloading materials/information from this website. This Website is controlled and operated from India and Gandhimathi.com makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties. Gandhimathi.com offers products, services, content and various other functionalities (collectively the “Services”) 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. Gandhimathi.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 this Website 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 Gandhimathi.com intends to announce, launch or provide such products, programs or services in your country. Users are advised that information on hyperlinked or referred-to websites/microsites is neither investigated nor analyzed by Gandhimathi.com. No warranty or representation, expressed or implied, is given as to the accuracy or completeness of that information. In no event will Gandhimathi.com, nor any of its directors, employees or advisors accept any liability with regard to the information contained in the individual ING companies’, business unit or product group’s websites or any other hyperlinked or referred-to websites/microsites. And, by accessing or using this site, you also agree to abide by the proprietary guidelines set forth at any website accessed or linked to through this site.
Waiver
The failure of Gandhimathi.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of its right to enforce such right or provision subsequently.
Indemnification
By registering with the Website, You hereby undertake to indemnify, defend and hold harmless Gandhimathi.com and its past and present employees, associates, partners and principals from and against any and all losses, liabilities, penalties, settlements, damages and expenses (including, without limitation, reasonable expenses of investigation and attorney’s fees and expenses), irrespective of whether any of the foregoing is payable in cash, kind or liable to be suffered through deductions, withholding or set off incurred or suffered as a result of your use of the material / information provided on this Website or from any breach of the Terms and Conditions contained herein.
Severability of Provisions
This Agreement between you and Gandhimathi.com governs your use of the Website. If any provision of these 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.
Link(s) to third party websites
Gandhimathi.com is not at all responsible for the content of any other internet sites linked to its website. A link to another site is meant for convenience only and does not imply that Gandhimathi.com endorses the site or any products or services that it describes. Your use and access of any other internet sites linked to or from this site is at your own risk and cost. Further Gandhimathi.com does not have any obligation or liability in connection therewith by accessing this website, you also agree to abide by the proprietary guidelines set forth at any website accessed or linked to through this website.
Third Party SMS / Calling
DND – By registering your phone number on www.Gandhimathi.com, you expressly authorize us to override the national Do-Not-Disturb Registry (DND) i.e. – even if your registered phone number falls under DND list of National Consumer Preference Registry (NCPR/NDNC), you voluntarily allow us the authority to call or SMS you by ours or using third party platform.
Termination
This Agreement may be terminated by either party by giving a 30 (thirty) day notice to the other party for the same. The user may terminate this agreement by writing an email to Gandhimathi.com at [email protected]. Gandhimathi.com may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever; if in the opinion of Gandhimathi.com, the user has breached any of the Terms and Conditions of this agreement and/or it is not in the public interest to continue providing services to the user for any reason.
Governing Law
By accessing the Website, you agree that the laws prevailing in India shall be the governing laws in all matters relating to Gandhimathi.com as well as these Terms and Conditions.
Jurisdiction
Exclusively the Courts at Thiruvananthapuram , India , India shall have the exclusive jurisdiction in all matters relating to services provided by Gandhimathi.com and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to this website. If Gandhimathi.com becomes aware of an inappropriate use of this website or any of its Services, Gandhimathi.com will respond in any way that, in its sole discretion, Gandhimathi.com deems appropriate. You acknowledge that Gandhimathi.com will have the right to report to law enforcement authorities, any actions that may be considered illegal, as well as any information it receives about such illegal conduct. When requested, Gandhimathi.com will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Gandhimathi.com reserves all other rights. Note: The terms in this agreement may be changed by Gandhimathi.com at any time. Gandhimathi.com is free to offer its services to any client/prospective client without restriction.
SMS and Phone Call Disclaimer
Gandhimathi.com, referred to as Gandhimathi.com, is committed to provide the best customer service experience, and by opting in to enter your mobile /landline number, you give Gandhimathi.com, the consent to call/sms you on the shared number for your transaction, in spite of its possible registration under DND (National Do Not Call Registry). Gandhimathi.com or its associates may call you to understand your requirements and serve you best. We will make a record of information shared in such conversations and share with our associates to provide the best suiting property options to you. Gandhimathi.com or its associates may call you to understand your requirements and serve you best. We will make a record of information shared in such conversations and share with our associates to provide the best suiting property options to you. In no event Gandhimathi.com will be liable under any Law, for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any other expense, loss or damage whatsoever. Gandhimathi.com is hereby being indemnified from all complaints/grievances/claims whether legal or commercial arising from the use of the said number.We are providing features to call between customers and property owner. These calls will be recorded for further references.
Capacity to form Contract
By agreeing to the term of use of the Website, you represent and confirm that you are a person who is above the age of 18 (eighteen) and of sound mind. Further, in order to use the services that in order to gain access to the users of this Website, you, on your free will agree to be legally bound by the Terms and Conditions contained herein this Terms and Conditions. In addition to the above, you acknowledge by your conduct of accepting the Terms and Conditions of this Website that you are legally bound by all the covenants, undertakings etc. contained herein.
Violations
Any violation of the Terms and Conditions may be reported to [email protected].