Discoveri Legal Terms Of Use
Terms and Conditions
This website discoveri.one, 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 "discoveri") is owned, hosted and operated by Mea Vita Ventures Pvt Ltd (hereinafter referred to as MEAVITA), a company incorporated in India under the Companies Act, 1956 and having its office at Carnival House, Off AK Vaidya Marg, Malad East, Mumbai - 400097. These Terms of Use, Privacy Policy and community guidelines regulating use of these Services constitute a legally binding agreement between discoveri and the User (the “Agreement”). discoveri 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 of Use set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING discoveri, YOU AGREE TO BE BOUND BY THE Terms of Use SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE Terms of Use, YOU SHOULD NOT ACCESS OR USE discoveri. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ([email protected])
MEAVITA may amend/modify these Terms of Use at any time, and such modifications shall be effective immediately upon posting of the modified Terms of Use on discoveri. You may review the modified Terms of Use periodically to be aware of such modifications and your continued access or use of discoveri, shall be deemed conclusive proof of your acceptance of these Terms of Use, as amended/modified from time to time. MEAVITA may also suspend the operation of discoveri for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize discoveri digital products a manner inconsistent with these Terms of Use, MEAVITA 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.
DEFINITIONS
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of discoveri (whether on a paid or free basis), and to whom the access to discoveri is restricted by the use of a sign in user name and a password. The user name and password are either allotted by discoveri or chosen by the Subscriber or agreed upon by discoveri. It is made abundantly clear that only the authorized User has the right to access the Services so offered by discoveri.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by discoveri, without the need or a requirement to create an account i.e. visits non-restricted portions of discoveri.
The use and access to discoveri shall be subject to these Terms of Use and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the Terms of Use regulating the usage of discoveri, and expressly so with respect to respecting the intellectual property rights of the MEAVITA, and abiding by Terms of Use 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 discoveri on the internet through which the user may access information carried by discoveri in the database maintained by it. The terms would also include to mean the tools through which the User can search through the hosted databases and information using a number of 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 discoveri 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.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to discoveri unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on discoveri. Similarly, discoveri does not 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 99acre & 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.Some listings may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by discoveri or the providers of the video content as to its accuracy or completeness. In case a User is covered under the RERDA, it shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing. 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 shall disclose all material factual information as regarding the property being advertised. Its correct dimensions as also in respect of their registrations under RERDA and all such properties 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, MEAVITA 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. MEAVITA 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, MEAVITA 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 of Use. MEAVITA will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these Terms of Use. 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 discoveri website. MEAVITA shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on discoveri and MEAVITA shall have the right to modify the property listing in the exercise of its rights under these Terms of Use.
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 discoveri 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;
MEAVITA shall place the information relating to properties at defined sections of discoveri or such other mirror or parallel site(s). MEAVITA 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 discoveri without notice. MEAVITA accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While MEAVITA 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 discoveri.
Users, who are buying/renting property/properties through discoveri, must verify all the details as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on discoveri merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.
Payment Terms
(a) Payments for the Services offered by discoveri shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Mea Vita Ventures (India) Limited. MEAVITA offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that MEAVITA/discoveri.one, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to MEAVITA under any other agreement or commercial relationship towards other products/services. Mea Vita Ventures (India) Ltd gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Mea Vita Ventures (India) Ltd. undertakes no liability for free Services. Mea Vita Ventures (India) Ltd. 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.
(b) Mea Vita Ventures (India) Limited uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Mea Vita Ventures India Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Mea Vita Ventures India Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Mea Vita Ventures (India) Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
(c) Mea Vita Ventures India Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in failed transactions
Though MEAVITA payment reconciliation team works on a 24 x 7 basis, MEAVITA offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of discoveri.
If you utilize discoveri in a manner inconsistent with these Terms of Use, MEAVITA 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.
RENTAL PROPERTY SERVICES TERMS
The Rental Property Services shall not be used for any purpose other than payment of or charging rent or for preparing and registering rental agreement and User not transmit any information received through the Rental Property Services to third parties. All responsibility for information furnished and its accuracy shall reside upon the User, and the User shall be liable for any liability incurred and shall hold discoveri or its affiliates and employees harmless against any claim or action by any person/financial institution/regulatory bodies. By utilizing this serviceUser agrees that discoveri may share the information provided to third parties for processing on the User’s behalf, as may be required from time to time. User shall not submit any false or fraudulent information through any of the Services offered.
RENTAL PAYMENT
Through discoveri, Users can choose to make rent payments via an independent payment gateway, and for this purpose the User shall be asked to provide information pertaining to the beneficiary nominated by the landlord to receive the rent (“Lessor/Beneficiary”), the person who is making the said payment (“Lessee/Tenant”), including name, lessor account details, rental amount, address, and other additional information as required from time to time. User confirms that there exists a Lessor and Lessee relationship between the User and the intended beneficiary for which said information is being shared.
By making payment, User provides an authorization to discoveri to hold, receive and disburse funds in accordance with the User’s payment instructions provided through discoveri for the purposes of facilitating the transfer of money to the intended beneficiary as specified by the User. In the event the processing of transaction is affected due to incomplete/incorrect details being furnished by the User, discoveri reserves the right to deduct any applicable service charge, processing fees, or any other fees incurred by it in the processing of this transaction. discoveri or its affiliates and employees shall not be responsible for any incorrect/unintended transaction, in any form or manner. discoveri may, depending on the security or financial risk associated with the transaction, delay, suspend or reject a transaction.
The amount of a transaction may be charged back (hereinafter referred as “Chargeback”) if the transaction is disputed, reversed or not authorized, is unlawful or not in accordance with these terms (e.g. the holder of the payment instrument used for initiating the transaction raises a dispute). In case of a Chargeback, User shall immediately pay any amount owed, including additional fines or penalties levied in this regard by the payment gateway or issuer. User agrees to provide complete assistance in the event of any investigation in this regard.
RENTAL AGREEMENT
By accepting these terms, the User and the property owner shall consent to provide any personal information that is uploaded by the User shall be so uploaded only after obtaining the requisite consents from the owner(s) of the personal information for such use. The User shall be solely liable in this regard and for ensuring its accuracy and completeness, as required for lawful and complete registration of rental agreement in the applicable jurisdictions, along with additional information as and when required.
User agrees by using these Services, to bear all stamp duty charges or any other charges levied that may arise as per applicable law, and shall not hold discoveri or its affiliates and employees liable for any fines/penalties that may arise due to payment of insufficient charges.
TENANT VERIFICATION
User expressly permits all details shared for verification purposes, to be shared with Partner (for the purposes of these terns, “Partner” shall mean any third party engaged for providing tenant verification services) including contact details for the purpose of availing the services. User is solely responsible for verifying the quality of Tenant Verification services offered by Verification Partner and discoveri shall not be liable to any party for any Services provided by the Verification Partner. User is responsible for obtaining express consent of the Lessee before sharing personal documents and information with the Verification Partner.
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 discoveri. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of discoveri. discoveri 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, trademarks and Service marks ("Marks") appearing in discoveri are the properties either owned or used under licence by MEAVITA and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with MEAVITA / its associates. The access to discoveri does not confer upon the User any licence 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.
MEAVITA respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. MEAVITA 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 discoveri as a platform to infringe the Intellectual Property Rights of others, MEAVITA will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access discoveri, MEAVITA 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 of Use of the Agreement.
RESTRICTIONS/ PROHIBITIONS
The following actirons will inter alia constitute a misuse of discoveri and are strictly prohibited:
· Utilising the Services offered by discoveri in any manner so as to impair the interests and functioning of MEAVITA/discoveri and which is non-compliant with laws and regulations including RERDA.
· Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on discoveri and/or any services or products of the MEAVITA, in any manner or for any purpose which is not, consistent with in accordance with the Terms of Use. Users are expressly prohibited from using or exploiting discoveri and/or any content or data provided therein for:
· any commercial purposes such as creating alternate databases, extending access to discoveri to third parties without prior written consent of the MEAVITA; and/or
· undertaking any business activity which is in competition with the business of MEAVITA; and/or
· Sharing access with persons who are not contracted with the MEAVITA.
· Reselling the products/services offered by the MEAVITA.
· (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 including but not limited to adding or downloading profiles, contact details, or send or redirect messages from discoveri;
· Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of discoveri or any of the services or products offered on or through discoveri which are not intended for you; (b) any server, website, program or computer systems of the MEAVITA or any other third parties and/or Users;
· Modifying the services provided through discoveri or their appearance using any technology or overlay any additional offering on top of such services or simulate discoveri’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at [email protected].
· Accessing discoveri through interfaces other than those expressly provided by MEAVITA;
· Attempting to breach or breaching any security or authentication measures set up by the MEAVITA in relation to discoveri and/or attempting to probe, scan or test the vulnerability of the MEAVITA’s system or network;
· Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from discoveri (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the MEAVITA;
· Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
· Circumventing or attempting to circumvent any technological protections used or employed by the MEAVITA or by any third party in order to protect the content on discoveri and/or to exclude robots, spiders etc. from crawling and /or scraping content from discoveri.
· Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search, Captcha and occurrences on different triggers
· Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of discoveri or any computer networks connected to discoveri, by any other User;
· Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from discoveri without explicit consent obtained in writing by approach us at [email protected]
· Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
· Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
· Stalking, threatening, or in any manner harassing any other User;
· Imposing an unreasonable or disproportionately large load on discoveri’ infrastructure;
· Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of discoveri (or any part thereof) and providing deep links into discoveri (or any part thereof) without prior permission of MEAVITA;
· Spamming discoveri/MEAVITA or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
· 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 for the time being in force;
· Belongs to another person and to which you have no right;
· Infringes, breaches or otherwise contravenes the rights of the MEAVITA or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
· Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of discoveri, or any other computer system or resource;
· Is grossly harmful, harassing, invasive of another's privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
· Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
· That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
· That harms minors in any way;
· That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
· You hereby expressly agree not to:Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on discoveri to any other system. No reproduction of any part of discoveri may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or discoveri, whether in hard copy or electronic format, including postings to any other discoveri; or
· Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from discoveri or link to discoveri, without our express written consent.
· Violations of system or network security may result in civil or criminal liability.
· LINKS TO THIRD PARTY WEB SITES
· discoveri may provide links to other third-party World Wide Web sites or resources. MEAVITA makes no representations whatsoever about any other Web site you may access through discoveri.
· DISCLAIMER AND WARRANTIES
· discoveri is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
· THE CONTENT OF discoveri IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
· MEAVITA 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 discoveri.
· Views expressed by the Users are their own, MEAVITA 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. MEAVITA does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
· MEAVITA 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 MEAVITA/discoveri 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. MEAVITA 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 MEAVITA or any of its Affiliates. Further, nothing contained in discoveri should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and MEAVITA makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
· discoveri is controlled and operated from India and MEAVITA makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use discoveri from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
· MEAVITA offers products, Services, content and various other functionalities through discoveri 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. MEAVITA 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 discoveri 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 MEAVITA intends to announce, launch or provide such products, programs or Services in your country.
· LIMITATION OF LIABILITY
· MEAVITA will not be liable for any damages of any kind arising out of or relating to the use or the inability to use discoveri, 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 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.
· MEAVITA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. MEAVITA 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 MEAVITA (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 MEAVITA.
· MEAVITA will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to MEAVITA to be placed on the website by technical or any other means is not the responsibility of MEAVITA. MEAVITA does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on discoveri website or any of its other websites / domains owned and operated by MEAVITA.
· TERMINATION
· MEAVITA may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to discoveri (or any part thereof) for any reason, including, without limitation, that MEAVITA based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use or any applicable law.
· INDEMNIFICATION
· Submissions and unauthorized use of any information(s)/materials contained on discoveri may violate copyright, trademark, privacy and publicity laws, 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, MEAVITA 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 discoveri material or your breach of these Terms of Use or any applicable law.
· MEAVITA will not be party to any legal proceedings between parties contracted through these Services. In case MEAVITA is sought to implicated in any legal proceedings, costs will be recovered from the party that names MEAVITA as a party to such proceedings. MEAVITA shall abide with 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 at all times respect and ensure adherence to the privacy policy, additionally various settings are provided to help you to be able to control the manner in which others may be able to 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 discoveri, you are sending your profile consisting of your personal details and application information including relevant documents to discoveri, and you are requesting and authorizing discoveri 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 , who may further contact you over the phone/email/whatsapp etc. Please note that our privacy policy does not govern the use of your data by third parties once it is shared.
· In addition, by using discoveri, you agree that discoveri 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 discoveri being processed and analyzed by discoveri according to these terms of use and discoveri’s Privacy Policy. discoveri shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not. discoveri 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 discoveri may reach out to you about such Real Estate Listing.
· Information you post in public areas of discoveri 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 discoveri takes measures to safeguard your information from unauthorized access or inappropriate use, discoveri 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 discoveri 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 of the data fed by it, to dealers. Mea Vita Ventures 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 discoveri, you may sign in using your Facebook/Google login. If you do so, you authorise 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 which is irrelevant, in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these Terms of Use
· You shall implement adequate technical and organisational controls to protect the shared personal data obtained from discoveri against unauthorised or unlawful processing and against 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 the privacy law as applicable) in an expeditious and compliant manner
· You agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared
· You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from discoveri to any sub-processors without ensuring that adequate and equivalent safeguards 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 MEAVITA 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 of Use, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by MEAVITA. 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 MEAVITA governs your use of discoveri. If any provision of these discoveri Terms of Use 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 of Use.
WAIVER
· The failure of MEAVITA to exercise or enforce any right or provision of the Terms of Use of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
GOVERNING LAW
· By accessing discoveri you agree that the laws prevailing in India shall be the governing laws in all matters relating to discoveri as well as these Terms of Use.
JURISDICTION
· Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to discoveri and these Terms of Use, irrespective of the territory and jurisdiction of your access to discoveri.
· MEAVITA does not routinely monitor your postings to the web site but reserves the right to do so. However, if MEAVITA becomes aware of an inappropriate use of discoveri or any of its Services, MEAVITA will respond in any way that, in its sole discretion, MEAVITA deems appropriate. You acknowledge that MEAVITA 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, MEAVITA will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
· MEAVITA reserves all other rights.
GRIEVANCES
· In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints via our grievance portal located at:
AMENDMENT
· Please report any violations of these Terms of Use to MEAVITA at [email protected] Effective from: 25th March 2023
