Terms of Services

Definition

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For the purposes of this agreement, ‘Company’, ‘We’, ‘Us’, ‘Our’ is defined as Kalpana Realty Services Pvt. Ltd., along with its unit for the Company’s website www.kalpanarealty.com.

References to our ‘Affiliates’ include our Owners, Subsidiaries, Affiliated Companies, Officers, Directors, Suppliers, Partners, Sponsors, and Advertisers, and includes (without limitation) all Parties involved in Creating, Producing, and/or Delivering this website and/or its Contents.

The term ‘Registration Form / Data’ is the database of all the particulars and information supplied by the User on initial Application / Registration Form (Buyer/Property), including but without limiting to the User's name, telephone number, mailing address, account and email address.

References to our ‘Registered User’, ‘User’, ‘You’ would include the Signatory, whether an individual or a legal entity, whose particulars are contained in the Application / Registration form (Buyer/Property), Property Buyer, Property Seller; who has Registered to the Services of Kalpana Realty.

Any individual or a legal entity who is not Registered User & 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 be subject to the Terms and Conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing Terms and Conditions.

The term ‘Agreement’ shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein.

The term ‘Date of Commencement’ is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in its notice to the user either through e-mail or conventional mail.

The term ‘Date of Termination’ is the date of expiry mentioned in the notice or/and the letter of termination.

The term ‘Service’ ‘Services’ means the Services to be provided by Us to Our Registered User. It includes, but not limited to, the Consultancy in Buy, Sale, Lease, Invest in Real Estate Properties.

The term ‘content’ is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes message boards, chat, and other original content.

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Terms and Conditions of Service

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1. User's Acknowledgment and Acceptance of Terms

Kalpana Realty Services Pvt. Ltd. provides the www.kalpanarealty.com site and various related services to You, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of 01-09-2011. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

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2. Description of Services

Kalpana Realty Services Pvt. Ltd. may at its sole discretion from time to time offer you variety of features and facilities for the service. We make various services available on this site in the field of Real Estate Consultancy and Transaction.

On Our Website Information about Real Estate Marketplace in Vadodara, and other like services are available. The interactive online information Service offered by Us on the internet through which the User may access information provided by Us.

Services for the purpose of this Agreement mean the Services to be provided by Us to Our Users and shall include, but not limited to, the provision of following facilities:

a. Services to the Users wishing to Sell/Lease their Property through Us by posting their profile or listing of their property.

b. Services to the Users who wish to Buy/Lease a Property through Us.

c. Services to the Users who wish to receive advertisements and promotional messages on and through E-Mails.

d. Services to the Users who wish to insert advertisements in Our website.

You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

By registering Your Profile / Property on kalpanarealty.com you choose to become a member of kalpanarealty.com. The right of Admission vests with Us. You become a member upon due acceptance of your Profile / Property by Us. Membership and rights of admission is reserved solely for Us. Your Membership is only for personal use. It is not to be assigned, transferred or licensed so as to be used by any other person/entity.

e. Site Survey of suitable property as per your Requirement & within your Budget

f. Complete Support in Property Comparison, Negotiation & Decision Making.

g. Assistance* in Documentation Process.

h. Assistance* in 3rd Party Services for Legal and Statutory Compliance etc.

*Assistance will be provided from our side but it is recommended to Hire a Consultant or Vendor for specialized services i.e. Lawyer for Title Investigation, Architect for Building related approvals, Environmental Consultant for GPCB approvals, Fire Consultant for getting the Fire NoC and so on; Property Buyer will have to bear the cost for hiring any Consultant or Vendor.

Fulfillment of the Compliance & Approvals are in the Scope of the Relevant Consultant and not Us.

The Listing of Properties in Our Website is either maintained by the Property Owner (User) or by Us, but based on the information provided by Property Owner (User). We do not vouch for or subscribe to the claims and representations made by Property Owner / Advertisers regarding particulars of property.

We reserve the sole right to either modify or discontinue the site, including any of the sites features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. We may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the Member. When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by Us.

Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Service.

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3. Registration Data and Privacy

In order to access Services on this site, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

The information we obtain through your use of this site, including your Registration Data, is subject to the Privacy Policy of Our Website.

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4. Registration Charges & Consultancy Fee (Brokerage)

a. Registration Charge is Rs. 501.00 (incl. GST)

b. On purchase of Property our Consultancy Fee will be 2% of the Final decided price (GST Extra), to be paid in two installments, 50% after Title Investigation Report and Rest 50% at the time of Register sale deed.

c. On Rental deal, our Consultancy Fee will be One-to-Five Month’s Rent, depending on Lease Duration (GST Extra).

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5. Conduct on Site

Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:

• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

• infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

• constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

• contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

• Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You will not post or transmit any content, information or trademarks without the prior consent of the person holding its proprietary or licensed rights. We will not in any way be responsible or answerable to any action brought by any person arising out of your acts as described above. We reserves the right but is not obligated, to edit, delete, eclipse or withhold display of such content or information as it deems fit in the light of the rules prescribed above.

You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

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6. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either expresses or implied.

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7. Intellectual Property Information

Copyright (c) 01-09-2011 Kalpana Realty All Rights Reserved.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the property of their Respective Owners and / or Kalpana Realty( and/or its Affiliates). You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All Trademarks, Logos and Names are Properties of their Respective Owners. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Kalpana Realty or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name of Kalpana Realty or its Affiliates.

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8. Unauthorized Use of Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).

• Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

• Provide information reasonably sufficient to permit us to contact you (email address is preferred).

• Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

• Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

• Sign the paper.

• Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Administrator

Address: 446-A, 4th Floor, Tower A, Atlantis K-10, Above McDonald’s, Genda Circle, Vadodara (Gujarat) India.

Phone: +91 83479 11522 / 33

E-Mail ID: contact@kalpanarealty.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the India Copyright Office for adjudication.

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9. Disclaimer of Warranties

We deny any liability for deficiency in services on account of any third-party negligence and /or willful default. Further Kalpana Realty Services Pvt Ltd excludes any liability with respect to

• Any title issues that may arise in properties that may be purchased by the property buyer relying on information and / or assistance provided by Us;

• Future changes in the price of property so purchased;

• Any loss in transit of title documents of such property;

• Any loss of earnest money by reason of the arrangement between the property buyer and property seller not materializing;

• Any discrepancies between details mentioned at the time of agreement and the end product;

• Any failure on part of the property seller to obtain requisite approvals for the property;

• Any additional cost incurred to property buyer in case of internal changes made by him/her in the said property;

• Any cancellation charge levied by the property seller on the property buyer;

• Any failure on part of the developer / builder to obtain requisite approvals for launch project;

• Any failure on part of the developer / builder to obtain requisite approvals for the project;

• Any failure on getting the (relevant) approval from (relevant) government department;

 

Property buyer (& Seller, wherever applicable) is/are advised to

• Get the due diligence of property by a qualified property lawyer / advisor / firm, if title, property, project verification or search report is required;

• Get property inspection done by a qualified home inspector / structural engineer / contractor, if full report of structural and overall condition of the property and its systems is required;

• Hire certified Consultant or Vendor for compliance related services like Environment Consultant for GPCB approval;

• Setting up an Industry or Manufacturing Unit requires approvals & NOCs from various government department – it is recommended from our side to:

  • Get registered to Investor Facilitation Portal (https://ifp.gujarat.gov.in);

  •  Get the checklist of various approval required for your business;

  • Hire relevant Consultant or Vendor for specific services;

  • Get the inspection done (of the Land) by these Consultant or Vendor;

  • After this only, proceed for the process of Land Procurement;

• Get the inspection done by these Consultant or Vendor so that NOC or approval is not denied;

• Do proper thought-process before starting the process of property purchase, because cancelling the deal from property buyer side will have financial implications – especially, in case of under construction property, where-in property buyer has made internal changes in the property;

• Property buying is a high valued decision – reversing the decision once made, may have adverse effect on both property buyer & property seller;

• Sale Deed Registration is the final step of buying or selling of the property:

  • Property buyer is advised to take legal possession of the said property immediately at the time of sale deed registration;

  • Property seller is advised to collect 100% payment before giving the possession of said property to the Property buyer;

• If Property buyer or Property seller has used any of our services, as mentioned earlier in Section 2 “Description of Services” Point no a to d, then they are accountable to pay us the Brokerage / Consultancy Fee, as mentioned in Section 4 “Registration Charges & Consultancy Fee” Point no a to c.

• Property buyer & property seller are informed that we will charge the Consultancy Fee, even if the deal is finalized in our absence (the finalized property is shown by Us to the property buyer. We maintain record of

  • All the properties registered by us

  • All the buyers registered with us

  • All the registered properties being shown by us to the registered buyers.

• A negotiation meeting or deal meeting or property sale may happen in our absence, but Property Seller & Buyer give their consent to pay our Consultancy Fee if we present them the proof of registration or visit done by us.

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To the fullest extent permissible pursuant to applicable law, this web site and the materials are provided on an "as is" and "as available" basis. www.kalpanarealty.com expressly disclaims all warranties of any kind, whether expressed, implied, or statutory including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that this web site or the materials will operate without interruption, are compatible with all equipment and software configurations, are completely error free, free of viruses, errors, or will otherwise meet your needs.

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ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

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THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

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Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Kalpana Realty spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

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10. Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

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11. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

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12. Payment Terms

The total amount of the Consultancy Charges shall be payable in full by Property Buyer / Property Seller according to the payment due date stated at Checkout. Any portion of the Purchase Price unpaid past sixty (60) days shall be considered overdue. All amounts past due are subject to a late charge of the lesser of one and one-half percent (1 1/2%) per month or the highest lawful rate. In addition, We have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Property Buyer / Property Seller for Our costs of collection, including attorney fees, legal fees and costs and disbursements.

 

13. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

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14. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

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15. E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

Please be aware that using any “Communications” service provided by us, you are agreeing to our Terms and Conditions below (If you object to any provision in these Terms, you must not participate or continue to use our “Communications” Services):

• We reserve the right to decide what to post. This includes removing posts, and whether we will respond to posts. We have not reviewed all of the sites linked to its Internet web site and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Us. Use of any such linked web site is at the user’s own risk.

• Please respect other users. This means that comments must not be inappropriate, abusive, contain profanity or be otherwise offensive.

• Please stay on-topic. All comments must relate in some way to the post on which you are commenting.

• This is a public forum. Anything you post here may be shared in this forum, or in other worldwide media.

• You should not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other blog user.

• Use of the Blog or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

• The Material contained on this blog is for general discussion purposes only. You should not rely on any Material contained on this blog and we accept no responsibility or liability whatsoever for any loss or damage you may suffer as a result or your reliance on any Material posted on this blog. You should make your own enquiries and take independent advice tailored to your specific circumstance prior to making any decisions. Your use of this blog is at your sole risk.

• You must not post any Material on this blog: (a) that is not original Material in which you own copyright, (b) which infringes the intellectual property rights of any third party, (c) that contains information that helps sell, buy, advertise, promote, solicit or offer any goods or services, shares or other commodities, third party websites, competitions, schemes or any other matter (including phone numbers, mail or email addresses or URLs), (d) that contains personal information, or the personal details of third parties such as phone numbers, mail or email addresses, (e) that contains gratuitous swearing, profanity or spiteful remarks, (f) that is unlawful, makes reference to, or provides links to illegal activities (including but not limited to insider trading, ramping/hyping stocks, defamation, vilification, pornography, racial or sexual slurs or drug use), (g) that vilifies, insults or humiliates any person on the basis of race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability, (h) that contains false, misleading or deceptive information or misinformation or rumour, (i) that you do not have a right to post because of any law or arising out of a contractual obligation, (j) that impersonates any other person or entity or (k) that contains viruses, or other malicious code, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

• You agree and undertake to indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms or any other legal obligation by you or your use of or conduct on this blog.

• You agree that in no circumstances will we be liable to you for any direct, indirect, incidental, special and/or consequential losses or damages (including any loss of profits) in connection with the use of or access to, or any inability to use or access, this blog or any Material on this blog, unauthorized access to or alterations of your transmissions or data, or statements or conduct of any third party on the blog

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16. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside India, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

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17. Termination of Use

We reserves the right to modify your content if any prohibitive or objectionable content is found, or in the case of your contact details being entered in irrelevant fields. We may also modify the profile for other reasons not mentioned herewith.

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

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18. Governing Law

This site (excluding any linked sites) is controlled by us from our office in Vadodara, Gujarat (India). It can be accessed from other countries around the world. As each of these places has laws that may differ from those of India, by accessing this site, Kalpana Realty & the User agree that the statutes and laws of the State of Gujarat (India) will be applicable to all matters relating to the use of this site and services available through this site. We & the User hereby submit to the exclusive jurisdiction of the Courts at Vadodara, Gujarat (India) without regard to its conflict of law provisions. We & the User agree to submit to the personal and exclusive jurisdiction of the courts located within the Vadodara.

It is to be clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between Kalpana Realty and any User of the Service. The User also agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.

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19. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at contact@kalpanarealty.com, if by email, or at Kalpana Realty Services Pvt. Ltd. 446-A, 4th Floor, Atlantis K-10, Tower A, Above McDonald’s, Genda Circle, Vadodara (Gujarat) India, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

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20. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence. The right to change varies or amends, however exclusively rests with Us.

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21. Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

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22. Contact Information

Except as explicitly noted on this site, the services available through this site are offered by Kalpana Realty Services Pvt. Ltd. located at 446-A, 4th Floor, Atlantis K-10, Sarabhai Main Road, Genda Circle, Vadodara (Gujarat) India. Our telephone number is +91 83479 11522. If you notice that any user is violating these Terms of Service, please contact us at contact@kalpanarealty.com.

 

It is our constant Endeavour to make kalpanarealty.com an enjoyable and effective experience for all our users. If you observe material or behavior that may violate any of Our Terms & Conditions, please write to us. This will go a long way in enhancing our service!!!