Terms & conditions

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING MODERN PROPERTIES, 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 THIS WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT US.

We 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. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Modern Properties, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. We may also suspend the operation of Modern Properties for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize Modern Properties in a manner inconsistent with these terms and conditions, we 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.

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 Modern Properties 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 Modern Properties. Similarly, Modern Properties 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 Modern Properties & 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, we 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. We 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, we 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. We 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 Modern Properties website. We shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the website and we 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 the website 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;

We shall place the information relating to properties at defined sections of Modern Properties or such other mirror or parallel site(s). We reserve, 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 Modern Properties without notice. We accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While we 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 Modern Properties.

Users, who are buying/renting property/properties through Modern Properties, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.

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 Modern Properties. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Modern Properties. Modern Properties 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 Modern Properties are the properties either owned or used under license by us and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with us or our associates. The access to Modern Properties 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.

We respect the Intellectual Property Rights of all, and will continue to adhere to all the laws applicable in India in this respect. We 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 Modern Properties as a platform to infringe the Intellectual Property Rights of others, we will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access Modern Properties, we grant 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.

LINKS TO THIRD PARTY WEB SITES

Modern Properties may provide links to other third-party World Wide Web sites or resources. We make no representations whatsoever about any other Web site you may access through Modern Properties.

LIMITATION OF LIABILITY

We will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Modern Properties, 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.

We assume 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.We  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 Modern Properties (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 us.

TERMINATION

We may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Modern Properties (or any part thereof) for any reason, including, without limitation, that is 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.

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on Modern Properties 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, Modern Properties 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 Modern Properties material or your breach o

VIOLATIONS

Please report any violations of these terms and conditions by contacting us.