|I. Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- Agreement” Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deemed to have been executed at New Delhi.
- “Company”: Is defined as Times Business Solution Limited an existing Company under the Companies Act, 1956 and having its registered office at Times House, 7 Bahadur Shah Zafar Marg, New Delhi - 110 002 and corporate office at Magicbricks.com, Times Business Solutions Ltd. Times Center (Digital Content Production Facility), FC - 6, (Ground Floor), Sector 16 A, Film City, NOIDA - 201301 U.P., along with its unit for the Company’s websiteMagicbricks.com
- “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 it s notice to the user either through e-mail or conventional mail.
- “Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
- “My Subscriptions”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website Magicbricks.com
- “Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User' s name, telephone number, mailing address, account and email address.
- Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
- “Services”: Means the Services to be provided by the Company to the User of Magicbricks.com and shall include the provision of following facilities:
- Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
- Service to the Users who wishes to secure a property through Magicbricks.com and its Internet links.
- Service to the users who wishes to place a print advertisement in any of the group publications through thewww.Magicbricks.com site.
- Service to the Users who wishes to insert advertisements at Magicbricks.com.
- Service to the Users who wishes to receive advertisements and promotional messages on www.Magicbricks.comand through emails.
- “Magicbricks.com ”: Is defined as the Internet web site of the Company at www.magicbricks.com
- ”User": Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees
|II. Commencement of Service
- The Service shall be deemed to have commenced on the Date of Commencement of service.
|III. Subscription Fees
- The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the “My Subscriptions” page or as may be prescribed by the Company from time to time
- Liability for the Subscription Fees shall accrue from the Date of Commencement.
- All individual Users who access or make postings of information at Magicbricks.com for the purpose of buying property shall be exempted from the application of this clause.
- Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
- The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest.
- Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
- Magicbricks.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.
- For Platinum listing packages, there shall be no cancellation or refund of orders booked/payments made via online payment options (except in the case of Cheque & Demand Draft). Cancellations requests for orders placed via cheque/demand draft can be made only before such payment is realized by TBSL.
|VI. Obligations of User/Subscriber
- The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
- Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Magicbricks.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- Magicbricks.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with Magicbricks.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
- The User will indemnify for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
- “Magic Bricks do not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). TBSL/ Magic Bricks however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaint should be addresses by email at firstname.lastname@example.org or intimated by phone at 0124-4869300“
- “The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by TBSL/ Magicbricks as deemed fit by them”.
- “User of the website agrees to indemnify and keep TBSL/ Magicbricks indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party”
|VII. Prohibited Actions
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service
- The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Magicbricks.com except such data and information which is posted by the particular User himself.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited if they persistently send messages or make postings on Magicbricks.com to any other User or third party who access Magicbricks.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
- The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
- The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User to Magicbricks.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Magicbricks.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other than as necessary to complete any transactions in which you are involved.
- The User shall not violate, or attempt to violate the security of Magicbricks.com and/or any web sites linked toMagicbricks.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Magicbricks.com network system.
- The Users shall avail the Service on Magicbricks.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
- Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Magicbricks.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Magicbricks.com site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
- The User shall not host, display, upload, modify, publish, transmit, update or share any information on the Magicbricks.com site that
(a) belongs to another person and to which you do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;