TERMS OF USE

1. INTRODUCTION AND ACCEPTANCE

  1.1. This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to the electronic records in various statutes as amended by the Information Technology Act, 2000. By using the Website, you are deemed to have accepted the Terms listed below. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  1.2. Usage of the Website shall be construed as your consent for receiving calls and messages including marketing and promotional calls and messages, autodialed and/or pre-recorded messages, from the Entity at any time, on the telephone number/contact information that may be provided by you. You hereby unconditionally consent that such communications via SMS, WhatsApp and/or voice call is:

     1.2.1. Upon your request and authorization;

     1.2.2. ‘Transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI); and

     1.2.3. In compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

2. SCOPE OF THE WEBSITE

  2.1. The Website is a technology-based platform through which the Entity, on a non-exclusive and principal-to-principal basis, provides its services (“Services”). Services include the provision of internet-based services by the Entity to you on its platform and includes (without limitation):

     2.1.1. Searching/viewing/surfing a property on the Website;

     2.1.2. Listing/uploading/posting of advertisements on the Website;

     2.1.3. Interacting with sellers, potential buyers, or any other users of the Website (whether from chat/calling feature available on the Website, or any other direct calling method or otherwise);

     2.1.4. Facilitating sale, purchase, and leasing of properties on the Website.

  2.2. The Entity shall provide its Services to you at no charge, subject to Clause 7 of these Terms. In order to access and utilize the Services, it is necessary for you to register on the Entity’s Website.

  2.3. All Services offered by the Entity to you shall be governed by these Terms.

  2.4. The Entity retains the exclusive right, at its sole discretion, to decline, suspend, or terminate the provision of any Services to any individual or entity as it deems appropriate.

3. ELIGIBILITY

  3.1. Use of the Website is available only to a duly constituted legal entity or an adult individual who is competent to contract under the prevailing laws of India. Persons who are deemed “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Website. If your age is below 18 (eighteen) years old, your parents or legal guardians can transact on your behalf, if they are registered users.

  3.2. The Entity reserves the right to terminate your registration and refuse to provide you with access to the Website if the Entity discovers that you are under the age of 18 (eighteen) years. The Website is not available to persons whose membership has been suspended or terminated by the Entity for any reason whatsoever. You hereby represent and warrant to the Entity that you are at least 18 (eighteen) years in age and are qualified under the prevailing laws to enter into a contract with the Entity and be bound by the Terms hereunder. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.

4. ACCESS

  4.1. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Website and for paying all charges related thereto (as the case may be). For the purpose of providing certain features of the Website, the Entity may develop and provide mobile applications.

  4.2. When you register to open an account anywhere on the Website, or when you contact the Entity through the Website for the purpose of receiving the Services, the Entity may collect certain personal information about you which may include without limitation personal information such as name, e-mail address, gender, date of birth, mobile number, passwords, photograph, mobile phone information including contact numbers, data required for Know Your Customer compliances, requirement and other relevant details such as any information you provide to the Entity in respect of any listing activities, or in the feedback area or through any e-mail feature. The use of such information by the Entity is governed by the provisions of the Privacy Policy for the Website available at https://farmlandestate.com/privacy-policy/

  4.3. You agree to provide true, accurate, current, and complete information and documents and, for as long as you continue to use our Website account, to update such information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your password and you are solely responsible for all activities that occur under your password. You agree to notify the Entity immediately of any unauthorized use of your password or any other breach of security related to the Website. The Entity reserves the right to require you to change your password if the Entity believes that your password no longer is secure or believes there is likelihood a breach of security or misuse of the Website.

  4.4. If the Entity has reasonable grounds to suspect that such information is untrue, inaccurate, not current, the Entity has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the Website.

5. MODIFICATIONS TO WEBSITE

  5.1. The Entity reserves the right to modify, suspend, or discontinue the the Website at any time without notice to you. For example, the Entity may make changes to the Materials and/or Services, or to prices described in them (as the case may be), at any time at its sole discretion. The Materials and Services may be out of date and the Entity makes no commitment to update the Materials and Services whatsoever. Information published on the Website may refer to services that may not be available in your country. You may consult your local Entity business contact for information regarding the services that may be available to you.

6. OBLIGATIONS

  6.1. You hereby acknowledge and agree that you are fully responsible for verifying the accuracy, reliability and genuineness of any listing made by you on the Website. In no event, whether directly or indirectly, is the Entity responsible for any misrepresentation, fraud, cheating, or any other offence under applicable laws that may arise due to any fake or incorrect listing.

  6.2. If you are a buyer or renter of a property listed on the Website, you are required to verify the details of the property including determination/confirmation of title, ownership, interest, etc. The Entity does not assume the responsibility of conducting any such verifications mentioned above.

  6.3. Notwithstanding anything contained above, in the event any listing on the Website includes a “verified” tag visible against any property/properties on the Website, it shall merely be an indication of the verification of the existence of the property in the manner it has been advertised on the Website. At no point shall the “verified” tag be construed to be a verification of any documentation, title, ownership details, area, or pricing details of the said property/properties.

7. FEES, LISTING, AND SERVICES

  7.1. All Services offered by the Entity are described and pictured as completely and precisely as possible and in good faith. The Entity does not charge any fee for browsing or listing of properties on the Website, subject to this Clause 7 and these Terms hereunder.

  7.2. The Entity does not levy any charges for the provision of its Services. An advertisement is published/listed on the Website for a duration of 30 (thirty) days. Upon the expiry of the aforementioned 30 (thirty) day period from the date of posting the advertisement on the Website, such advertisement/listing shall be automatically disabled from the listing. In the event you wish to renew your advertisement or listing on the Website, you may do so without incurring any charges. Notwithstanding anything contained in these Terms, the Services offered by the Entity may include certain features which shall be charged by the Entity. You hereby acknowledge and agree that the charges of such paid Services availed by you may vary basis the features opted by you. The Entity offers the below-mentioned features for its paid Services:

     7.2.1. Featured Advertisements: Featured Advertisements (“Featured Ads”) are advertisements that receive special visibility and prominence compared to regular advertisements. Featured Ads are typically displayed in a particular area of the Website or highlighted in a distinctive manner to make them stand out from other ads posted or visible on the Website (depending on the platform the content is being viewed). If you purchase the “Featured Ads” feature as a part of your paid Services, you can increase the visibility of your listing or advertisement on the Website and may attract more attention from buyers and/or responses. However, you acknowledge that Entity does not guarantee an increase in responses received by you and any representation on the Website in this regard is merely indicative. In the case you avail the Featured Ads feature as a part of the Services, your advertisement will be displayed/tagged above all other advertisements on the Website for a period of 7 (seven) / 15 (fifteen) / 30 (thirty) days (as the case may be) from the date of purchase of this specific feature. You understand that Featured Ads may be listed in a linear or sequential manner in the designated area of the Website, and hence, it may not be possible for a Featured Ad to be visible each time you access or use the Website.

     7.2.2. Top Up: Top Up Advertisements (“Top Up Ads”) are tailored to enhance the visibility and reach of a specific advertisement by giving it a promotional boost in respect of specific filters, search results, or user feeds selected by a user. Top Up Ads are imperative in increasing visibility helping advertisers reach a larger audience and generate more engagement or responses to their ads. If you choose the Top Up Ads feature, your advertisement will be boosted by the Entity’s servers/systems basis the geographical location of your property when a user searches/surfs on the Website, for a period of 7 (seven) / 15 (fifteen) / 30 (thirty) days (as the case may be) from the date of purchase of this specific feature, at defined intervals. However, you acknowledge that Entity does not guarantee an increase in responses received by you and any representation on the Website in this regard is merely indicative. There is no limit in respect of the number or volume of Top Up Ads you can post on the Website. The Entity reserves the right to limit the extent and manner in which Top Up Ads may be edited by you.

     7.2.3. Bump Up: Bump Up Advertisements (“Bump Up Ads”) refer to enable elevation of visibility of advertisements on the website and allows the advertisement to appear higher in the search results or be displayed in a more prominent position on a platform. If you choose the Bump Up Ads feature, your advertisement will be boosted by the Entity’s servers/systems basis the geographical location and other search filters relevant to your property when a user searches/surfs on the Website, for a period of 7 (seven) / 15 (fifteen) / 30 (thirty) days (as the case may be) from the date of purchase of this specific feature, at defined intervals. However, you acknowledge that Entity does not guarantee an increase in responses received by you and any representation on the Website in this regard is merely indicative. There is no limit in respect of the number or volume of Bump Up Ads you can post on the Website. The Entity reserves the right to limit the extent and manner in which Bump Up Ads may be edited by you.

  7.3. The specific features in relation to the Services can be availed for an advertisement that has been posted previously on the Website. You understand that availing such feature for an already posted advertisement will commence the duration of validity of paid Services from the date of such purchase and shall be valid for a period as per the plan(s) availed. In such a scenario, your advertisement shall be promoted on the Website in accordance with Clause 7.2.

  7.4. The Entity may at its sole discretion introduce new Services and modify some or all of the existing Services offered on the Website. In such an event, the Entity reserves the right to introduce fees for the new Services offered or amend/introduce fees for existing Services (as the case may be).

  7.5. Changes to the fee policies in relation to the paid Services shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

  7.6. While the Entity strives to provide accurate Services and pricing information in respect of its paid Services, pricing or typographical errors may occur. The Entity cannot confirm the price of a paid Service until it confirms the feature you wish to avail.

  7.7. Payments for the paid Services available on the Website may be made through the various payment modes available on the Website.

8. USER SUBMISSIONS

  8.1. Certain areas of the Website may permit you to submit feedback, information, data, text, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to the Entity an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to:

     8.1.1. Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and

     8.1.2. Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that the Entity deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, Service, or service).

  8.2. The Entity reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. The Entity may also disclose your name in its clients’ list/credentials for reference purposes. The Entity may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website through which User Submissions may be submitted.

  8.3. You agree that you are solely responsible for all of your User Submissions. The Entity is not required to host, display, or distribute any User Submissions on or through the Website and may remove at any time or refuse any User Submissions for any reason. The Entity is not responsible for any loss, theft, or damage of any kind to any User Submissions. The Entity does not want to receive any User Submission that is confidential.

  8.4. You understand and  agree that any User Submission will be considered non-confidential and non-proprietary and that the Entity will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient. The Entity does not guarantee that you will have any recourse through the Entity or any third party to edit or delete any User Submission you have submitted.

  8.5. By submitting any User Submission, you represent and warrant that:
8.5.1. You own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to the Entity the rights in your User Submissions described herein;

     8.5.2. You have paid and will pay in full fees for paid Services (if any), and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

     8.5.3. Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

     8.5.4. You voluntarily agree to waive all “moral rights” that you may have in your User Submission;

     8.5.5. Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

     8.5.6. Your User Submission does not violate any Law;

     8.5.7. Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another’s privacy;

     8.5.8. You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

     8.5.9. Your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

     8.5.10. Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

     8.5.11. Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

     8.5.12. Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

  8.6. Any violation of Clause 8.5 would entitle the Entity to refuse the provision of the Services (including any paid Services) to you.

9. INTELLECTUAL PROPERTY RIGHTS

  9.1. The Entity expressly reserves all intellectual property rights in all the Materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the Entity or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to the Entity. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of the Entity. You may not modify, distribute or re-post anything on this Website for any purpose. The contents and software on this Website may be used only for the purposes intended by the Entity.

  9.2. The compilation (meaning the collection, arrangement, and assembly) of all contents on this Website is the exclusive property of the Entity and is also protected by Indian and international copyright laws.

  9.3. The Entity’s names and logos and all related service names, design marks and slogans are the trademarks or service marks of the Entity. No trademark or service mark license is granted in connection with the Materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner for any purpose whatsoever.

  9.4. Any violation of the presents of the Clause shall constitute an offence under applicable laws and the Entity will be entitled to take any action against you that it may deem appropriate. In the event you are found using the Website as a platform to infringe the intellectual property rights of any other party, the Entity will be free to terminate the provision of Services without any notice and take any other action it may deem necessary.

10. PROCEDURE FOR MAKING CLAIMS OF INFRINGEMENT

  10.1. The Entity respects the intellectual property rights of others. Accordingly, the Entity has a policy of removing User Submissions that violate copyright law, suspending access to the Website (or any portion thereof) to any user who uses the Website in violation of copyright law and/or terminating in appropriate circumstances the account of any user who uses the Website in violation of copyright law. If you believe your copyright or other intellectual property right is being infringed by a user of the Website, please provide written notice to the following the Entity officer for notice of claims of infringement:

Attention: Sameer K.

Info@farmlandestate.com

  10.2. Your written notice must:

     10.2.1. contain your physical or electronic signature;

     10.2.2. identify the copyrighted work or other intellectual property alleged to have been infringed;

     10.2.3. identify the allegedly infringing material in a sufficiently precise manner to allow the Entity to locate that material;

     10.2.4. contain adequate information by which the Entity can contact you (including postal address, telephone number, and e-mail address);

     10.2.5. contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent or the law;

     10.2.6. contain a statement that the information in the written notice is accurate; and

     10.2.7. contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner. Please do not send notices or inquiries unrelated to alleged copyright or other intellectual property right infringement to the Entity designated agent, as they will be deleted upon receipt

11. DISCLAIMERS AND LIMITATION OF LIABILITY

  11.1. The Website and the Services are provided “AS IS” and “WITH ALL FAULTS” without any warranties or guarantees. You must bear the risks associated with the use of the Website and the Services. The Website provides, solely as a convenience to you, content from other internet sites or resources and while the Entity tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. The Entity will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website.

  11.2. You understand and agree that any Material or data downloaded or otherwise obtained through Website is done entirely at your own discretion and risk and you shall be solely responsible for any damage to your computer systems or loss of data that results from the download of such material or data. The Entity shall not be liable for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

  11.3. The Entity shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its Services, and/or these Terms.

  11.4. The Entity makes no representations or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, the Entity assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

12. WEBSITE SECURITY

  12.1. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

     12.1.1. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

    12.1.2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

     12.1.3. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” or

     12.1.4. Sending unsolicited email, including promotions and/or advertising of the Services.

  12.2. Violations of system or network security may result in civil and/or criminal liability. The Entity will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

13. ELECTRONIC COMMUNICATIONS

  13.1. When you visit the Website, or send emails to the Entity, you are communicating with the Entity electronically. You consent to receive communications from the Entity electronically. The Entity will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications shall be in writing.

14. MONITORING

  14.1. The Entity reserves the right to monitor your postings on the Website and in the event the Entity becomes aware of an inappropriate use of the Website or any of its Services, the Entity shall, in its sole discretion, respond in a manner which it deems appropriate. You acknowledge that the Entity has the right to report to law enforcement authorities any actions that may be considered contrary to law, as well as any information it receives of such any unlawful conduct at your end.

15. OTHER AGREEMENTS

  15.1. The Entity may provide the Services or access to the Website under the terms of a separate agreement between you and the Entity under the service agreement (for availing of Services) (each, an “Other Agreement”). The obligations of the Entity with respect to any Service that it makes available to you under any Other Agreement shall be governed both by the Other Agreement and these Terms, as may be applicable, under which such Service is provided

16. GOVERNING LAW AND JURISDICTION

  16.1. These Terms shall be construed in accordance with the applicable laws of India. The Courts at Telangana shall have exclusive jurisdiction in any proceedings arising out of the use of Website, and/or these Terms.

  16.2. Any dispute or difference either in interpretation or otherwise, of any terms of this these Terms between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Entity and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. Either Party shall be entitled to apply to the competent courts for interim or interlocutory relief in respect of such arbitration. The arbitration shall be held in Telangana.

17. INDEMNITY

  17.1. You agree to defend, indemnify and hold harmless the Entity, its employees, executives, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Entity or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. This Clause shall survive the expiry or termination of these Terms.

18. TERMINATION

  18.1. These Terms are effective as of 06 June 2023 and shall remain in force unless and until terminated by either you or the Entity. You may terminate these Terms at any time, provided that you discontinue any further access or use of this Website. The Entity may terminate these Terms at any time and may do so immediately without notice, and accordingly deny you access to the Website. Such termination will be without any liability to the Entity. Upon any termination of these Terms by either you or the Entity, you must promptly destroy all Materials downloaded or otherwise obtained from this Website, as well as all copies of such Materials, whether made under the Terms or otherwise. Any such termination of these Terms shall not cancel your obligation to pay for the Service already availed from the Website (if applicable) or affect any liability that may have arisen under the Terms before such termination.

19. ENTIRE AGREEMENT

  19.1. Except where additional terms and conditions are provided which are specific to any of the Services, these Terms supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any Service availed. By using the Services of the Entity and you agree to be bound by the Terms hereunder.

20. SEVERABILITY

  20.1. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect and the other provisions of these Terms remain in full force and effect.

21. GENERAL

  21.1. The Entity shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of the Entity or any force majeure event.

These Terms and the relationship between you and the Entity shall be governed by the laws of the India as applied to agreements made, entered into, and performed entirely in India, notwithstanding your actual place of residence. The failure of the Entity to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The Clause titles in these Terms are for convenience only and have no legal or contractual effect.

These Terms shall remain in full force and effect notwithstanding any termination of your use of the Website. These Terms will be interpreted without application of any strict construction in favour of or against you or the Entity. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Entity without restriction.

22. GRIEVANCE OFFICER

  22.1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Sameer
Email: info@farmlandestate.com

You may register your complaints regarding the services or any other issue relating to these Terms with the above-mentioned Grievance Officer. Every attempt shall be made to offer you suitable and appropriate solutions.

If you have any questions about these Terms or any other concerns, you can also email us at info@farmlandestate.com