Introduction

This website Eleganza State.com , 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 "Eleganza State") is owned, hosted and operated by Info Edge (India) Ltd (hereinafter referred to as IEIL), a company incorporated in India under the Companies Act, 1956 and having its registered office at Ground Floor, GF-12A, 94, Meghdoot, Nehru Place, New Delhi - 110 020. These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between Eleganza State and the User (the “Agreement”). Eleganza State 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 and conditions set forth below. IEIL 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 on Eleganza State. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Eleganza State, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. IEIL may also suspend the operation of Eleganza State for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize Eleganza State in a manner inconsistent with these terms and conditions, IEIL 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/User would include any person, whether an individual or a legal entity who has subscribed to the Services of Eleganza State (whether on a paid or free basis), and to whom the access to Eleganza State is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Eleganza State or chosen by the Subscriber or agreed upon by Eleganza State. It is made abundantly clear that only the authorized User has the right to access the Services so offered by Eleganza State. The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Eleganza State, without the need or a requirement to create an account i.e. visits non-restricted portions of Eleganza State.The term Advertiser would include a Subscriber/User uploading or relaying content using the Services. The use and access to Eleganza State shall be subject to these terms and conditions 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 and conditions regulating the usage of Eleganza State, and expressly so with respect to respecting the intellectual property rights of the IEIL, and abiding by terms and conditions 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 Eleganza State on the internet through which the user may access information carried by Eleganza State in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search 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 Eleganza State 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 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 Eleganza State 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 Eleganza State. Similarly, Eleganza State 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 Eleganza State & 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 Eleganza State 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 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, IEIL 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. IEIL 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, IEIL 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. IEIL 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 Eleganza State website. IEIL shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on Eleganza State and IEIL 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 Eleganza State 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; IEIL shall place the information relating to properties at defined sections of Eleganza State or such other mirror or parallel site(s). IEIL 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 Eleganza State without notice. IEIL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While IEIL 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 Eleganza State. Users, who are buying/renting property/properties through Eleganza State, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on Eleganza State 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

• Payments for the Services offered by Eleganza State 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 Info Edge (India) Limited. IEIL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that IEIL/Eleganza State.com, 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 IEIL under any other agreement or commercial relationship towards other products/services. Info Edge (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. Info Edge (India) Ltd. undertakes no liability for free Services. Info Edge (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.
• Info Edge (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, Info Edge India Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Info Edge India Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Info Edge (India) Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
• Info Edge 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 IEIL payment reconciliation team works on a 24 x 7 basis, IEIL 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 Eleganza State. If you utilize Eleganza State in a manner inconsistent with these terms and conditions, IEIL 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.

CPL Marketing Campaigns with Developers and Agents/Brokers

• In case of CPL marketing campaigns, IEIL shall endeavor to deliver agreed number of leads at agreed cost per lead.
• In case of CPL marketing campaigns IEIL reserves right, in its sole discretion, to decide and deploy the channel/product for advertising to generate leads.
• IEIL reserves right at its sole discretion, to stop any campaign on either completion of its obligation for leads delivery or upon non receipt of amount as stipulated under agreed terms.
• IEIL neither guarantees nor participates in nor is privy to potential conversion of delivered leads or any possible transactions as a consequence thereof in any manner whatsoever. IEIL is an intermediary under the provisions of IT act 2000. A lead is contact details of a user who has consented to be contacted about IEIL advertised properties or projects or other similar properties.
• Any advance or amount received against such invoice is non-refundable.
• The customer agrees to strictly adhere to applicable data privacy law with respect to the leads delivered by IEIL.
• IEIL shall not be liable for any loss, direct or indirect, to anyone on account of any reason whatsoever.
• If the same lead(s) is generated for the same project within 30 days of the 1st unique lead generation date, IEIL will consider the recurring lead(s) as duplicate and not charge the duplicate count. In all other scenarios, lead will be considered as unique.
• The customer shall be responsible for the protection of personal data contained in all leads, as per applicable law, and it understands that the limited consent obtained by IEIL is for the purposes of enabling it to share the lead with the Customer.

Video Community Guidelines

User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:

• Video should be original, free from any copyright issue
• Video should not contain any personally identifiable information of the User/Agency
• Video content should not be obscene/inappropriate
• Video should not contain language which is detrimental to any community/segment

Video Content Screening

Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing.

Additionally, the video screening process shall also be carried out in the following cases:

• User reporting the video to toll free/email ids
• Infringement claim by agent/user

The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform.

Agents shall have the option to edit or remove videos during the course of the listing duration.

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

IEIL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. IEIL 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 Eleganza State as a platform to infringe the Intellectual Property Rights of others, IEIL will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access Eleganza State, IEIL 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 and conditions of the Agreement.

Restrictions/Prohibitions

1. The following actions will inter alia constitute a misuse of Eleganza State and are strictly prohibited:

1. Utilising the Services offered by Eleganza State in any manner so as to impair the interests and functioning of IEIL/Eleganza State and which is non-compliant with laws and regulations including RERDA.
2. 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 Eleganza State and/or any services or products of the IEIL, 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 Eleganza State and/or any content or data provided therein for:
• Any commercial purposes such as creating alternate databases, extending access to Eleganza State to third parties without prior written consent of the IEIL; and/or
• Undertaking any business activity which is in competition with the business of IEIL; and/or
• Sharing access with persons who are not contracted with the IEIL.
• Reselling the products/services offered by the IEIL.
3. (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 Eleganza State;
4. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of Eleganza State or any of the services or products offered on or through Eleganza State which are not intended for you; (b) any server, website, program or computer systems of the IEIL or any other third parties and/or Users;
5. Modifying the services provided through Eleganza State or their appearance using any technology or overlay any additional offering on top of such services or simulate Eleganza State’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at Product@Eleganza State.com
6. Accessing Eleganza State through interfaces other than those expressly provided by IEIL;
7. Attempting to breach or breaching any security or authentication measures set up by the IEIL in relation to Eleganza State and/or attempting to probe, scan or test the vulnerability of the IEIL’s system or network;
8. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from Eleganza State (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 IEIL;
9. 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;
10. Circumventing or attempting to circumvent any technological protections used or employed by the IEIL or by any third party in order to protect the content on Eleganza State and/or to exclude robots, spiders etc. from crawling and /or scraping content from Eleganza State.
11. Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
12. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of Eleganza State or any computer networks connected to Eleganza State, by any other User;
13. 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 Eleganza State without explicit consent obtained in writing by approach us at legal@Eleganza State.com
14. Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
15. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
16. Stalking, threatening, or in any manner harassing any other User;
17. Imposing an unreasonable or disproportionately large load on Eleganza State’ infrastructure;
18. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of Eleganza State (or any part thereof) and providing deep links into Eleganza State (or any part thereof) without prior permission of IEIL;
19. Spamming Eleganza State/IEIL 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.
20. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

Terms of 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 and conditions
• You shall implement adequate technical and organizational controls to protect the shared personal data obtained from Eleganza State against unauthorized 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

Terms of 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 and conditions
• You shall implement adequate technical and organizational controls to protect the shared personal data obtained from Eleganza State against unauthorized 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

Arbitration

If any dispute arises between a user/users and IEIL 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 and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party. 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 IEIL governs your use of Eleganza State. If any provision of these Eleganza State terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

Governing law

By accessing Eleganza State you agree that the laws prevailing in India shall be the governing laws in all matters relating to Eleganza State as well as these terms and conditions.

Jurisdiction

Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to Eleganza State and these terms and conditions, irrespective of the territory and jurisdiction of your access to Eleganza State. IEIL does not routinely monitor your postings to the web site but reserves the right to do so. However, if IEIL becomes aware of an inappropriate use of Eleganza State or any of its Services, IEIL will respond in any way that, in its sole discretion, IEIL deems appropriate. You acknowledge that IEIL 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, IEIL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. IEIL reserves all other rights.