TERMS OF USE
This website theikoya.com, is an electronic web-based platform which is owned by IKOYA PRIVATE LIMITED (hereinafter collectively referred to as ‘The Ikoya’), a company incorporated in India under the Companies Act, 2013 and having its registered office at H. No. 11, Gopal Nagar, Kanpur, Uttar Pradesh-208011.
Any and all use of this website is subject to and constitutes acknowledgment and acceptance of, the following Terms and Conditions (“Terms”). It is mandatory for all users of the Site to read carefully, fully understand and be in total agreement to the below-mentioned Terms before they proceed to use any of the services of the Site (“Services”). The Services are available only to those individuals, firms, or companies who can form legally binding contracts under Indian laws.
PLEASE READ THIS DOCUMENT CAREFULLY. By using our services, you are agreeing to the terms and conditions mentioned here. Your use of the Site and services and tools are governed by the following Terms as applicable to the Company and you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms. We 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 our website.
The use of this website shall be subject to the following terms and conditions. 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 The Ikoya, and expressly so with respect to respecting the intellectual property rights of the IEIL, and abiding by terms and conditions below mentioned
DEFINITIONS
Unless otherwise specified, various important terms used here are defined below:
Subscriber-Subscriber would mean any person, whether an individual or a legal entity who has subscribed to the Services of Site, whether on a paid or free basis. Such subscriber shall have access to the portions that are restricted for use to the ‘visitors’. The Subscriber will be required to create an account on the website who shall have exclusive right to use the services offered by The Ikoya.
Visitor shall mean a person who shall not be required to create an account but may utilizesome or any of the Services offered by the Site
Servicesshall mean and include free and paid services which the user may have access to information carried by the Site in the database maintained by it including but not limited to search tools, listings, etc.
RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended from time to time.
ELIGIBILITY
You agree to the Company that you are:
i.at least eighteen (18) years of age or above
ii.capable of entering and adhering to these Terms.
Person who does not fulfil the above conditions may utilize the Services of the site, but only with the involvement & guidance of their parents and / or legal guardians
LISTINGS AND ADVERTISEMENTS
The Site or the Services may contain advertising information or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable international and national law is exclusively on the party providing the information/material. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice before its use. The Company shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the contents of the advertisement.
REGISTRATION
To register for the Services, you may be required to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as required by the applicable registration form). You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. In particular, as a parent or legal guardian, you acknowledge and assume sole responsibility to ensure that content which is meant for mature audiences (i.e, above the age of majority) is not accessed by children. Hence, you may not share your log in credentials with your children. Therefore, the Company does not permit any of the following:-
• Sharing your account and Password with anyone else;
• Do not copy any part of the Site and should not be accessed by individuals who have not registered with the Company as users of the Site; or
• No person shall make multiple accounts on the website with the same credentials.
We shall retain your registration information after cancellation or withdrawal of your registration (if applicable) as required under applicable law(s)
SUBSCRIPTION FEES
By signing up for the Services, you are expressly agreeing that the Company is authorized to charge you subscription fee as per your selected plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services through the credit card or other payment method accepted by the Company that you provided during registration.
The Subscription Fees shall be such as mentioned in the “My Subscriptions” page or as may be prescribed by the Company from time to time and will be billed at the beginning of your subscription and on each subsequent renewal (as per plan chosen by you) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.
The Company has the right to pursue any amounts you fail to pay in connection with the Services. You will remain liable to the Company for all such amounts incurred by the Company in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
The subscription fees payment of will be done on advance basisand will be non-refundable. Any refund, whatsoever, will be subject to discretion of The Ikoya.
REFUND PROCESS
The Company may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration. However, if the Company terminates your account or suspends or discontinues your access to the Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
The Company solely reserves the right to change/ add/edit/alter/delete and/or end the Services at any time with or without notice to the User. There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service
1- the company will not consider any request for the refund of the deposited amount before 11 months from the date of the agreement.
2- in case the company receives any request for the refund the same would be processed as per the following details.
after 11 months the refund will be done after deducting 10 % of the amount deposited. and a 15% deduction would be done after 12 months. no refund would be considered after the completion of 1 year from the date of the agreement.
LINKS TO OTHER SITES
The contents of this Site may contain the links to other third partywebsites but you should not assume that the Company operates, controls, or is otherwise in any way connected with these other websites. Please be careful to read the terms of use and privacy policy of any other website before you provide any confidential information or engage in any transactions.
The Company is not responsible for the content or practices of any other website even if it links to the Site and even if the website is operated by a company affiliated or otherwise connected with the Company. Yourassentis given that the Company is not responsible or liable to you for any content on any website other than the Site.
USE OF INFORMATION
User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of the Site.The Site does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk. 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.
INTELLECTUAL PROPERTY RIGHTS
The Site, Services and the Company Content are protected by copyright, trademark and other applicable laws.Company and its licensors exclusively own all right, title and interest in and to the Site, Services, and the Company Content, including all associated intellectual property rights. Company claims no ownership interest in any Third Party Content and expressly disclaims any liability concerning those materials.
OBLIGATIONS AND RESTRICTIONS OF USER/SUBSCRIBER
You specifically agree that the Site andthe Services provided through it shall be used for legitimate purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any government or any other laws. You hereby agree to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while on the Site. Some of the obligations are as follows:
Provide correct informationforregistration for the Services and thereafter at all times.
The entered information herein may be saved and used by the Company as deemed fit by them for the purpose of providing services to the User.
The data entered shall undergo the process of verification by the Company.
Any additional requirements such as licenses, approvals and intellectual property or other rights shall be obtained at his own cost by the User.
Youhave to comply with all notices or instructions given by the Company from time to time to be able to the use of the Service.
You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Services;
You shall not perform any activity which is likely to cause any harm to us in any manner
You shall not attempt to gain unauthorized access to the Services from other accounts by any means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services
You shall not attempt to send or post any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation like solicit login information or access an account belonging to someone else
You agree not to host, display, upload, modify, publish, transmit, store, update or share any information or User Submissionswhich belongs to another person and to which the user does not have any right.
You are restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
You undertake not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
You shall use the Service only for the purpose for which it is subscribed.
You 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.
You shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.
You shall not use the Service for any unlawful and fraudulent 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 abusive, indecent, obscene, defamatory or menacing nature.
You are strictly prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
You shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
You agree not to make use of anyone else’s information other than as necessary to complete any transactions in which User is involved.
LIABILITY
You agree that use of the Site or the Services is at your risk. We offer a platform to display the properties/project listings and have no role in any transaction or communications and hence shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services. The User hereby agrees to take full responsibility to research well before making using of any information on the Site. We shall not be liable for any loss or damage of any sort arising out of the use and/or temporary or permanent discontinuation of its services.
PRIVACY POLICY
The Privacy Policy is an essential part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Site and use of the Services are governed by the Company’s Privacy Policy in effect at the time of your use. The Company reserves the right to disclose any information including personal details that is required to be shared, disclosed or made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to the Company. The Company can further disclose your name, street address, city, state, zip code, country, phone number, email, as it in its sole discretion believes necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity..
ARBITRATION
Any contentions or dispute or conflict of interestbetween a user/users and the Company arising out of use of the website or otherwise, in connection with the same, it shall be referred to theArbitrator who shall be an independent third party mutually appointed by The Ikoya and You. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Kanpur and shall be governed by the Arbitration & Conciliation Act, 1996.