TERMS AND CONDITIONS

 

  1. General
    1. This website, www.getmeaflat.in (hereinafter referred to as “getmeaflat”), is owned, hosted and operated by MAL. Getmeaflat is an online information and communications platform, wherein sellers and lessors can list their properties and potential buyers and lessees can explore the property listings, using getmeaflat as discovery tool.
    1. Please read this document carefully. These Terms, regulating the access to getmeaflat and use of the Services, constitute a legally binding agreement between getmeaflat and the User.
    1. This document is an electronic record in terms of the Information Technology Act and the rules enacted thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
    1. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access to or usage of getmeaflat.
    1. Information available on getmeaflat should not be regarded as a substitute for professional, legal, financial or real estate advice. Users should conduct their own due diligence and obtain professional advice prior to consummation of any transaction.

 

  1. Defined Terms

Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:

  1. Information Technology Act” means the Information Technology Act, 2000, as amended.
  1. MAL” means Marquee Assets LLP, a limited liability partnership incorporated in India under the Limited Liability Partnership Act, 2008, having its registered office at 269-B, Ground Floor, Pocket-2, Mayur Vihar Phase-I, New Delhi - 110091 and having its corporate office at D4/5, DLF Phase -1, Gurugram, Haryana - 122002.
  1. Person” means any natural person, company, corporation, partnership or any other entity that is a legal person under law.
  1. RERA” means the Real Estate (Regulation and Development) Act, 2016, as amended from time to time, read with any rules or regulations framed thereunder.
  1. Services” means the services to be provided by MAL to the Users, which shall include the following:
  1. Service to Users desirous of posting or listing their properties for the purpose of sale or rent;
  1. Service to Users desirous of providing value added services;
  1. Service to Users desirous of securing a property by way of purchase or lease;
  1. Service to Users desirous of inserting advertisements; and
  1. Service to Users desirous of receiving advertisements and promotional messages on getmeaflat and through emails.
  1. Subscriber” means any Person who has subscribed to the Services (whether on a paid or free basis), and to whom the access to getmeaflat is restricted by the use of a sign in user name and a password. The user name and password are either allotted by getmeaflat or chosen by the Subscriber or agreed upon by getmeaflat.
  1. Terms” means these terms and conditions and any policy/terms so mentioned by terms of reference.
  1. User” or “You” means any Person who accesses or avails the Services for the purpose of viewing, browsing, publishing, sharing, transacting, displaying or uploading information or views and includes Subscribers, browsers / visitors and advertisers.

 

  1. Acceptance of Terms
    1. The use of getmeaflat is solely governed by these Terms. By accessing or using getmeaflat or using any of the Services, You agree to be bound by these Terms. If You do not agree with any of the Terms, You should not access or use getmeaflat. If You have any questions about these Terms, please contact us at contact@getmeaflat.in. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by our Privacy Policy available at www.getmeaflat.in, which may be amended from time to time.
    1. In addition to the Terms, You will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service that is provided on getmeaflat, which shall be deemed to be incorporated into the Terms and shall be considered as part of the Terms.

 

  1. Registration and Use
    1. In order to avail certain Services, You will be required to register with getmeaflat and be subject to our verification process. We may, in our sole discretion, permit or deny your registration. The membership of getmeaflat is available only to those who are above the age of 18 (eighteen) years, excluding such persons who are incompetent to contract under the Indian Contract Act, 1872, which include inter alia persons of unsound mind and persons who are disqualified from contracting by any law to which they are subject to. If You are a minor and wish to browse/use getmeaflat, you may do so through your legal guardian, however, MAL reserves the right to terminate your account upon obtaining any information/knowledge of You being a minor and using the membership of getmeflat.
    1. You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by You. You agree to: (a) provide true, accurate, current and complete information about yourself (“User Information”) as prompted by the sign-up process; and (b) maintain and promptly update the User Information provided during sign up to keep it true, accurate, current, and complete. In the event that You provide us with false and inaccurate details or MAL has a valid reason to believe that false and inaccurate information has been furnished, MAL reserves the rights to, in its sole discretion, permanently suspend your account.
    1. While MAL works to protect the security of your content and account, MAL cannot guarantee that unauthorized third parties will not be able to circumvent its security measures. Please notify MAL immediately, at contact@getmeaflat.in, in the event of any compromise or unauthorized use of your account. You are also responsible for ensuring that only authorized individuals have access to your account and for all actions taken or content added through your account.
    1. By using the Services and providing us with the User Information, You agree that (a) we can send you communications about the Services; and (b) You may be contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise.
    1. MAL does not approve, control, or endorse any User Information and has no obligation to do so. However, MAL reserves the right (but assume no obligation) to remove or modify any User Information for any reason, in its sole discretion, including any content which it believes violates the Terms.
    1. When You provide User Information via our Services, you grant MAL a royalty-free, perpetual, irrevocable and sub-licensable license to publish, reproduce, distribute, display, adapt, modify and otherwise use your User Information in connection with our Services. MAL will not pay You or otherwise compensate You for the content you provide to it.
    1. You understand and agree that any User Information that you post or submit to getmeaflat may be redistributed through the internet and other media channels and may be viewed by the general public.

 

  1. Submission and Administration of Listings and Advertisements
    1. You agree not to submit any property descriptions, photographs, financial, contact or other information in relation to any property on getmeaflat unless You have acquired or received all necessary rights and authorizations from the owner/power of attorney holder of such property, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said property(s) on getmeaflat. MAL has not carried out any independent verification of the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings.
    1. MAL shall have the sole authority to choose the manner in which any property will be searched, displayed, accessed, downloaded, copied and otherwise used on getmeaflat and MAL shall have the right to modify the property listing in the exercise of its rights under these Terms.
    1. MAL reserves the right to remove all or any part of the properties posted on getmeaflat without notice. MAL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User on getmeaflat.

 

  1. Payment
    1. Users are required to pay the applicable charges for the Services. The service fee applicable for all transactions on the platform would be 1% of the transaction value for Buyers & 2% of the transaction amount for the seller for Builder Floors, Kothi, Bungalow or Resales Flats. In case of a lessor and lessee the service fee would be 1 month of rental value of Builder Floors, Kothi, Bungalow or Flats. You may communicate with us at contact@getmeaflat.in to get more information in this regard.
    1. The fees/charges payable to MAL are to be paid through Cheque, NEFT or RTGS, in accordance with the invoices raised by MAL. The seller/lessor is required to release the fees/charges to MAL within 7 (seven) days of receipt of the consideration from the purchaser/lessee, in respect of property purchased or leased through getmeaflat.
    1. MAL reserves the right to alter/modify the amounts payable for the Services without any prior notice. MAL may offer certain discounts or other offers for the various Services. The terms and conditions of the offers/discounts shall be clearly set forth on getmeaflat and the same may be time bound and hence You may not claim any offers/discounts when the time for the same has lapsed/expired.
    1. There are specific value-added services which are offered directly by third party vendors and the role of MAL in such cases is only to post the availability of such services on getmeaflat. MAL will not be liable or responsible in any way for such services or the quality of such services. Any payments being made by Users do not accrue to MAL and MAL will not entertain any requests for information / clarification regarding such services.
    1. Refund of fees/charges, if any, will be at the sole discretion of MAL.

 

  1. Use of Information
    1. You agree to treat all information obtained from any of the Services and any information otherwise made available to You under any Service (“Information”) as proprietary to MAL.
    1. MAL does not ensure the accuracy of, endorse or recommend any content on getmeflat and any User who uses such content is doing so at its own risk. Any verifications of properties conducted by MAL, if any, shall be limited only to the capture of photographs of the property that is the subject matter of a listing or advertisement and the other data level checks solely to avoid any fake listings, listings without photos and duplicate listings. Please be aware that the photographs and/or such verified data are specific to a particular time and that what You see in them may have subsequently been altered. MAL does not take any responsibility for the accuracy of the photographs and/or data or for keeping the photographs and/or data updated. The details provided on the relevant pages of getmeaflat, such as images, floor plans, rates, amenities, etc. are merely indicative and provided for information purposes. Further, any or all the furniture, fixtures, accessories shown are only indicative and may/may not be a part of the actual product offering by the relevant advertiser/lister. You may access the listings/advertisements solely to obtain initial information from which further evaluation and investigation may commence and such listings/advertisements shall not be treated as final or conclusive for any purpose whatsoever. MAL shall also organize site visits for Users for verification of the listings on request, in accordance with the Terms.
    1. You hereby agree and undertake:
  1. not use any Information for further distribution, publication, public display or preparation of derivative works or facilitate any of these activities in any way, without the prior consent of MAL;
  1. not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Information or software obtained from getmeaflat; and
  1. not to use getmeaflat (including, without limitation, any Services you may obtain through your use of getmeaflat):
  1. in a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty, or other law;
  1. to stalk, harass, or harm another Person;
  1. to impersonate any Person or otherwise misrepresent your affiliation with any Person; or
  1. to interfere with or disrupt getmeaflat or servers or networks connected to getmeaflat.
    1. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, shall be subject to immediate termination of their account without notice.

 

  1. Restrictions and Prohibitions
    1. You hereby expressly agree not to:
  1. Use any of the Services in any manner so as to impair the interests and functioning of MAL/ getmeaflat and which is non-compliant with applicable laws and regulations, including RERA;
  1. Access any data on getmeaflat which you are not authorized to access;
  1. Attempt or breach security or authentication measures without proper authorization;
  1. Attempt to interfere with access to any other User including but not limited to by submitting a virus of any kind, overloading, flooding, mail bombing or crashing;
  1. Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained on getmeaflat, except as permitted; or
  1. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from getmeaflat or link to getmeaflat, without MAL’s express written consent.
    1. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing or share any information that:
  1. belongs to another person and to which the User does not have any right to;
  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  1. harm minors in any way;
  1. infringes any patent, trademark, copyright or other proprietary rights;
  1. violates any law for the time being in force;
  1. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  1. impersonate another person;
  1. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
  1. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    1. If any User is found to be violating any of the above-mentioned terms, such User’s account shall be immediately terminated, without notice and future access to getmeaflat may be blocked. In addition, such User may also be subject to civil and/or criminal liability under law.

 

  1. Additional User Undertakings
    1. Users desirous of selling or leasing their properties undertake that they shall:
  1. permit MAL and its representatives to undertake due diligence of their property, at its sole discretion, and offer reasonable assistance in relation to the same;
  1. permit MAL to undertake site visits of their property, along with potential buyers/lessees, between 10 am to 6 pm on any day, at 1 (one) days’ notice; and
  1. comply with all applicable laws in India and any orders of any governmental or regulatory authorities or Court to which they and/or their properties are subject.
    1. Users desirous of purchasing or taking on lease any property undertake that they shall not, directly or indirectly, initiate or arrange any contact, discussions or meetings whatsoever, or make any attempt to do any of the foregoing, with any User desirous of selling or leasing their property, and any and all queries and communication shall only be directed/routed through getmeflat.
    1. Users desirous of selling or giving on lease any property undertake that they shall not, directly or indirectly, initiate or arrange any contact, discussions or meetings whatsoever, or make any attempt to do any of the foregoing, with any User desirous of purchasing or taking on lease their property, and any and all responses to queries and communication shall only be directed/routed through getmeflat.
    1. All Users undertake to execute all such deeds and documents as may be specified by MAL from time to time in relation to the sale or lease of properties through getmeaflat.

 

  1. Intellectual Property Rights
    1. All logos, brands, trademarks and service marks (“Marks”) appearing on getmeaflat are either owned or used under license by MAL. All rights accruing from the same, statutory or otherwise, wholly vest with MAL. The access to getmeaflat does not confer upon You any license or right to use in respect of these Marks, except as expressly provided herein, and therefore, the use of these Marks in any form or manner, otherwise than as permitted under these Terms, is strictly prohibited. Any violation of the above would constitute an offence under applicable law.
    1. MAL respects the intellectual property rights of all Users as well as third parties, it has and will continue to adhere to all the laws applicable in India in this respect. In a case where a User is found to be using getmeaflat as a platform to infringe the intellectual property rights of others, MAL will be free to terminate such User’s account forthwith without any notice to such User.
    1. By allowing You to access getmeaflat, MAL grants You a limited, non-exclusive, non-assignable, revocable license to access and use the Services, provided that You are in compliance with the Terms. Except for the limited license granted to You, as aforesaid, You are not conveyed any other right or license in any way. This license does not allow You to copy or sell the Services or materials, scrape or mine getmeaflat, the Services, or materials, or frame any part thereof.  Any unauthorized use of getmeaflat or the Services and any use that exceeds the license granted to You, will lead to termination of the permission or license granted by these Terms.

 

  1. Disclaimers and Warranties
    1. Getmeaflat is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act. The content on getmeaflat is provided “as is” and on an “as available” basis, without warranties or representations of any kind, either express or implied.
    1. MAL and any third party providing materials, services or content to MAL, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of getmeaflat.
    1. MAL shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed or for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
    1. The views expressed on getmeaflat by the Users are their own. MAL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on getmeaflat, please report it to in accordance with Clause 17.8 of these Terms.
    1. It is solely the responsibility of the User to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on getmeaflat. MAL does not warrant that the access to getmeaflat will be uninterrupted or error-free or that defects in website will be corrected.
    1. No information contained herein shall constitute an invitation or an offer to invest in MAL or any of its affiliates. Further, nothing contained in getmeaflat should be construed as a recommendation to use any product, process, equipment or formulation or otherwise and MAL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

 

  1. RERA Disclaimer
    1. In case a User is covered under RERA, such User will need to ensure compliance with all necessary requirements of RERA, including obtaining of necessary registrations. The User shall disclose all material information in respect of such User’s registrations under RERA and all such property(s) submitted, including the title, ownership, possession, present status, nature of such property and details of encumbrances (if any). MAL may also require, in its sole discretion, the User to support his/her/its claims with respect to the status of the property with such documents as may be specified by it from time to time.
    1. Users are advised to refer to the RERA website to see complete information with respect to any project/property developed, built by a promoter, developer or builder, which is required to be registered with the relevant authorities under RERA, before making any decisions. 
    1. MAL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, services or related information provided by any promoter, developer or builder on its site with respect to any property or project.
       
  1. No Liability
    1. MAL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use getmeaflat, or  its content, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit/goodwill, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including force majeure events, and whether or not, such Person was intimated or advised of the possibility of such damages.
    1. MAL has absolutely no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers/lessors to sell/lease items or the ability of buyers/lessees to buy/take on lease items offered thorough getmeaflat. MAL cannot and does not control whether or not sellers/lessors will complete the sale/lease of items they offer or buyers/lessees will complete the purchase/lease of items they have committed to buy/lease.
    1. MAL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of any User’s data/information. MAL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the internet or at any website or combination thereof, including injury or damage to any User or to any other person’s computer related to or resulting from participating or downloading materials/information from getmeaflat.
    1. Getmeaflat may provide links to web sites and access to content, products and services from third parties, including advertisers, affiliates and sponsors of getmeaflat or MAL. You agree that MAL is not responsible for the availability/accuracy of content including but not limited to opinions, advice, statements and advertisements provided on such third party web sites and You shall bear all risks associated with the use of such content and for acting upon such content. MAL is not responsible for any loss or damage of any sort which You may incur from usage of contents of third party websites. MAL makes no representations or warranties as to the functioning of any third-party website. A link to a third party web site from getmeaflat does not constitute endorsement by MAL of the owner of the other site, the content of its site, or its products or services.

 

  1. Indemnification
    1. You agree to defend, indemnify, and hold harmless, MAL and/or its associates, subsidiaries and their respective officers, directors, employees, affiliates, licensees, business partners, agents and other representatives (collectively, “Representatives”) from and against any claims, notices, actions, demands or proceedings, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of getmeaflat material or your breach of these Terms or any applicable law.
    1. MAL will not be party to any legal proceedings between parties contracted through the Services. The User hereby undertakes not to make or initiate any claims, notices, actions, demands or proceedings, arising out of or in any way related to such disputes against MAL of its Representatives. In case MAL or any of its Representatives is sought to implicated in any legal proceedings, costs will be recovered from the party that names MAL or any of its Representatives as a party to such proceedings.

 

  1. Termination
    1. MAL may, without notice and in its sole discretion, and at any time, terminate or restrict the use or access of any User to getmeaflat, or any part thereof, for any reason whatsoever that it may deem fit, including without limitation, if the User has violated or acted inconsistently with the letter or spirit of these Terms or any applicable law.

 

  1. Privacy Policy 
    1. All Users are subject to its Privacy Policy available at www.getmeaflat.in.

 

  1. Miscellaneous
    1. Modification and Variation of the Terms and Services
  1. MAL may amend/modify the Terms, at any time, without prior notice to You and such modifications shall be effective immediately upon posting of such modified terms and conditions on getmeaflat.
  1. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access to or use of getmeaflat shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time.
  1. MAL reserves its right to withdraw wholly or partly, without assigning any reason, any of Services offered through getmeaflat, with or without any notice.

 

    1. Severability

These Terms govern your use of getmeaflat. If any provision of these Terms 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.

 

    1. Waiver

The failure of MAL to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

 

    1. Assignment of Rights

You are not permitted to assign or otherwise transfer your rights or obligations under these Terms. MAL may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms, at its sole discretion, without any notice to You.

 

    1. Governing Law

By accessing getmeaflat You agree that the laws prevailing in India shall be the governing laws in all matters relating to getmeaflat, the Services as well as the Terms.

 

    1. Jurisdiction
      Courts at Gurugram, Haryana, India alone shall have the exclusive jurisdiction in all matters relating to use of getmeaflat, the Services and these Terms, irrespective of the territory and jurisdiction of your access to getmeaflat.

 

    1. Monitoring and Reporting

MAL does not routinely monitor your postings on getmeaflat but reserves the right to do so. However, if MAL becomes aware of an inappropriate use of getmeaflat or any of its Services, MAL will respond in any way that, in its sole discretion, it deems fit and appropriate. You acknowledge that MAL 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, MAL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet. MAL reserves all other rights.

    1. Complaints and Grievance Redressal

Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms shall be immediately informed to the designated Grievance Officer as mentioned through email.