plot for sale in Bhubaneswar

dialurban
Terms & Conditions
My Property
Last updated on [24-01-2022]
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under pertaining to electronic records as applicable and amended. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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 the terms and conditions for access or usage of dialurban.com website
Please read carefully our Terms & Conditions mentioned below before using our portal services / information or any part of this portal.

This website www.dialurban.com, including any sub-domains, and any other websites through which its services are made available like our mobile, tablet and other smart device applications, and application program interfaces etc, (hereinafter collectively referred to as "dialurban or Dialurban") is owned, hosted, operated and managed by Triptales Commercials Pvt. Ltd. (hereinafter referred to as TCPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at Bhubaneswar, Odisha. These terms and conditions, privacy policy and guidelines regulating the use of these Services constitute a legally binding agreement between dialurban and the User (the “Agreement”).
Dialurban and/or any other website(s) linked to this website is an online information and communications service platform provided to you, subject to your compliance with the terms and conditions set forth below.
By accessing or using “dialurban”, you agree to be bound by the Privacy Policy and Terms & Conditions set forth in the website. By using this platform you indicate your understanding and acceptance of these terms.
If you do not agree with any of these terms and conditions, you should not access or use ‘dialurban”. In the event of non-compliance with this terms & condition, dialurban has the right to limit or terminate your access or usage rights to the platform immediately or remove non-compliant information or both as the case may be , in accordance with the information technology (intermediary guidelines and digital media ethics code) rules, 2021. If you have any questions about these terms, please contact: info@dialurban.com
TCPL may amend/modify any of these points in the privacy policy and terms & conditions at any time, and such modifications shall be effective immediately upon posting of the modified privacy policy and terms & conditions on dialurban. You should review the amendments related to privacy policy and terms & conditions periodically to be aware of such modifications and your continued access or use of dialurban, shall be deemed as a conclusive proof of your acceptance of these modified privacy policy and terms & conditions, as amended / modified from time to time. TCPL shall suspend the operation of dialurban for support or technical up gradation, maintenance work, in order to update the content or for any other reason. If you use dialurban in a manner inconsistent with these privacy policy and terms & conditions, then TCPL may terminate your access, block your future access.

 

1. Terms of reference:

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

1. "Agreement" Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. Terms & Conditions are the agreement clauses between Company and the User
2. "User" or "You" means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company. "User": Is defined as an individual or corporate or a business or trust subscriber for the Services, whose particulars are contained in the application form.
3. "Company": Is defined as TCPL, an existing Company under the Companies Act, 1956 referred to as “TCPL”.
4. “Website”: Is indicates to as dialurban and is referred to as “dialurban” or Dialurban”
5. These terms of use (Terms) constitute a legally binding agreement between you and TCPL (the "Company") regarding your use of the website i.e. dialurban (the "Site") and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms & conditions. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
6. "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 dialurban
7. "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.
8. "Date of Commencement": Is the date registration in dialurban site or indicating the acceptance of the application by the user to the service as specified by the company in its notice to the user either through e-mail or conventional mail or SMS.
1. "Date of Termination": Is the date of cancellation of your account in our website or expiry mentioned in the notice or/and the letter of termination.
10. "Services": Means the Services to be provided by the Company to the User of dialurban and shall include the provision of following facilities:

1. Service to the Users wishing to post their profile or listing for the purpose of -- Property sale/rental/purchase/lease, Matrimony related services/information/support, Job posting / search / information, deals for any kind of sales/purchase, services of any domestic/official purpose.
2. Service to the users who wishes to place/insert an advertisement or web listing in any of the sections through the dialurban site.
3. Service to the Users who wishes to receive advertisements, promotional and relevant useful messages on dialurban and through emails.

 

2. Subscription / Membership Fees:

• The applicable rate of Subscription Fees for the Service provided shall be mentioned in the "My Property” pages/site or as may be prescribed by the Company from time to time
• All liabilities for the Subscription Fees shall commence from the Date of Commencement.
• All individual Users who access or make postings of information at dialurban (My Property section) for the purpose of buying property shall be exempted from the application of this clause. Such Users will be free to post such information for the purpose of buying any property.

 

3. Payment of Subscription Fees:

• Subscription Fees or any payment for the Services offered by dialurban.com shall be on a 100% advance basis and it shall be payable within a stipulated 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, if mentioned in the site.
• The payment for Service once subscribed to by the subscriber is not refundable. If the user disputes the payment for any reason whatsoever, he / she shall make the payment towards the Subscription Fees as per the decision of the Company on the dispute. In case that Company's decision is in favour of the User, then Company shall refund to the user any excess amount paid by the User without interest.
• Dialurban.com offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
• Dialurban.com 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. Dialurban.com undertakes no liability for free Services.
• If there are any delays in making the due payment by the User under this Agreement, then the Company shall have the right to charge interest on the outstanding amount from the due date the payment till the date of final payment done by the User.

 

4. Cancellation of Orders:

1. Dialurban 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 by the company from time to time.
2. For Diamond listing packages, there shall be no cancellation or refund of orders booked through payments made via online options. Cancellation requests for orders placed via cheque/demand draft can be made only before such payments are realized by TCPL.
3. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of dialurban.

 

5. Obligations of User/Subscriber

• The accuracy of the Registration Data given to the Company through the website on initial registration application for all the services shall be the sole responsibility of the User.
• Any licenses, permits, approvals or any other rights as per requirement for using the Services shall be obtained by the User at his/her own cost.
• The user agrees that any data entered in the website herein will be subject to mandatory verification process by dialurban.
• The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the dialurban services.
• 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 shall be solely responsible for all information retrieved, stored and transmitted through the Service and web activities by him.
• The User shall keep confidential and not disclose to any person the User's password and User ID and all activities and transmission performed by the User through his user ID.
• Dialurban in its sole discretion shall reserve the right to edit, modify and alter the content, if required.
• 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 Services.
• User agrees that the online advertisements placed with dialurban shall be reflected after a stipulated 48 hours.
• The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security that is known to the User.
• The User will indemnify TCPL 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.
• Dialurban 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). TCPL / dialurban, 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 addressed by email to info@dialurban.com or intimated by phone at +91 6370103299.
• "User of the website agrees to indemnify and keep TCPL / Dialurban indemnified from any wrong/false data entering 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"

 

6. Prohibited & Objectionable Actions

• User is restrained from allowing any person other than the authorized person(s) named in the registration application form to use the Service available in the web portal.
• 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 not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on dialurban except such data and information which are posted by the particular User himself.
• The User shall comply with all applicable laws (and shall not avoid any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
• 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 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 but not limited to criminal purposes.
• 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 be prohibited if they persistently send messages or make postings on dialurban to any other User or third party who access dialurban 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 give to the company the right to claim that the User Data shall be deemed to be the property of dialurban. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
• 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 dialurban network system.
• The User shall not violate, or attempt to violate the security of dialurban and/or any web sites linked to dialurban or gain un-authorized access to any information that are marked private by other Users or persons, including but not limited 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.
• In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to dialurban Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
• The Users shall avail the Service on dialurban 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 but not limited to 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 also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through dialurban 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.
• Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the dialurban site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
• You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -

1. Belongs to another person and to which you do not have any right to;
2. 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;
3. Harm minors in any way;
4. Infringes any patent, trademark, copyright or other proprietary rights;
5. Violates any law for the time being in force;
6. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
8. Contradictory or controversial information /data
1. Threatens the unity, integrity, defence, security or sovereignty of our country, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

• Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made there under, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company's services/information/data/site, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

 

7. System / Server Maintenance

• The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to dialurban and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, during such transition.

 

8. Confidentiality & Security of User ID/Password

 

• To protect the secrecy of his User ID and/or password the User shall take all such measures as required
• Since a user ID is necessary to access the Service; the User shall use only his/her own user ID
• In case of theft or/and loss of user ID or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written email notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
• It is agreed by the User that he acquires no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User
• The password and username being made available to the customer/client shall be used only by the organization and the authorised employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company.

 

9. Termination of Services / Agreement & Liabilities

• Either party to this agreement may terminate this Agreement or use of Services by giving prior notice of 30 days in writing.
• It shall be on the discretion of the Company that the notice period of 30 days may be waived off or a shorter period of notice may be accepted in writing from the User.
• However, the Company irrespective of clause 1 and 2 above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever

1. if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement. or/and,
2. if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason. or/and,
3. if, the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.

• The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of the relevant Date of Termination.
• If the Agreement is terminated pursuant to clauses mentioned in X, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination.

 

10. Suspension of Service

• If any payment is payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies shall suspend the Services provided to the User.
• When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred up to that date.
• Upon subsequent payment by the User of such payments as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect and activate the Services.

 

11.  Money back Policy

• Money back can be initiated by a User, if the User is unsatisfied with the responses received against a Listing posted using the Money back Package option provided by the Company, using the Feedback link on dialurban or by writing to info@dialurban or by calling the customer care number.
• For claiming any money back, there should be atleast one property posted using the money back package option.
• User shall be first offered an extension of duration for the Listing that was posted using Money back Package for Free, to evaluate the responses again.
• If the user is still not satisfied with the responses offered after the duration is extended, Money back shall be initiated by the Company.
• Money back can be initiated within the lifetime of the listing (i.e. 60 days from date of posting).
• Money back can only be initiated against the same Order No & Customer Name as mentioned during Order Booking.
• Order Booking should be in the Client's name as the refund will be processed in the same name.
• For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.
• Refunds will be processed within 30 business days from receipt & acceptance of all relevant documents.

 

12. Rental Service

• The Rental Property Services shall not be used for any purpose other than charging rent or for preparing and registering rental agreement and User shall not transmit any information received through the Rental Property Services to third parties. All responsibility for information furnished and its accuracy shall reside upon the User, and the User shall be liable for any liability incurred and Dialurban or its associates and employees shall not be held responsible against any claim or action by any person/financial institution/regulatory bodies. By utilizing this service User agrees that dialurban may share the information provided to third parties for processing on the User’s behalf, as may be required from time to time. User shall not submit any false or fraudulent information through any of the Services offered.

 

13. Rent Payment

• Through dialurban, Users can choose to make rent payments via an independent payment gateway, and for the purpose of making the payment, the User shall be asked to provide information pertaining to the beneficiary nominated by the landlord to receive the rent (“Lessor/Beneficiary”), the person who is making the said payment (“Lessee/Tenant”), including name, lessor account details, rental amount, address, and other additional information as required from time to time. User confirms that there exists a Lessor and Lessee relationship between the User and the intended beneficiary for which said information is being shared.
• By making payment, User provides an authorization to dialurban.com to hold, receive and disburse funds in accordance with the User’s payment instructions provided through diaurban.com for the purposes of facilitating the transfer of money to the intended beneficiary as specified by the User. In the event the processing of transaction is affected due to incomplete/incorrect details being furnished by the User, dialurban.com reserves the right to deduct any applicable service charge, processing fees, or any other fees incurred by it in the processing of this transaction. Dialurban.com or its associates and employees shall not be responsible for any incorrect/unintended transaction, in any form or manner. Dialurban.com may, depending on the security or financial risk associated with the transaction, delay, suspend or reject a transaction.
• The amount of a transaction may be charged back if the transaction is disputed, reversed or not authorized, is unlawful or not in accordance with these terms (e.g. the holder of the payment instrument used for initiating the transaction raises a dispute). In such cases, User shall immediately pay any amount owed, including additional fines or penalties levied in this regard by the payment gateway or issuer. User agrees to provide complete assistance in the event of any investigation in this regard.

14. Rental Agreement

• By accepting these terms, the User and the property owner shall consent to provide any personal information that is uploaded by the User shall be so uploaded only after obtaining the requisite consents from the owner(s) of the personal information for such use. The User shall be solely liable in this regard and for ensuring its accuracy and completeness, as required for lawful and complete registration of rental agreement in the applicable jurisdictions, along with additional information as and when required.
• User agrees by using these Services, to bear all stamp duty charges or any other charges levied that may arise as per applicable law, and shall not hold dialurban.com or its associates and employees liable for any fines/penalties that may arise due to payment of insufficient charges.

15. Tenant Verification

• User expressly permits all details shared for verification purposes, to be shared with Verification Partner (for the purposes of these terns, “Verification Partner” shall mean any third party engaged for providing tenant verification services) including contact details for the purpose of availing the services. User is solely responsible for verifying the quality of Tenant Verification services offered by Verification Partner and dialurban shall not be liable to any party for any Services provided by the Verification Partner. User is responsible for obtaining express consent of the Lessee before sharing personal documents and information with the Verification Partner.

 

16. Violation of Terms & Conditions

• If dialurban, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, dialurban.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions.
• Dialurban.com could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules. Dialurban will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User.
• If dialurban.com believes that any advertisement or/and services which may create liability for dialurban.com, then, dialurban.com may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability.
• Dialurban.com reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.

 

17. Disclaimer of Warranties

 

• The User shall agree that use of the any services in Dialurban is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Dialurban.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• The Company / Dialurban makes no warranty that the service shall meet user's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does dialurban make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations of service request shall be done only on the receipt of application regarding the same in writing or as per the cancellation policy.
• There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or dialurban.
• Dialurban.com will not be liable for any time difference arising between a message released through a gateway/ server (provided to dialurban) and such message finally reaching the End User from the concerned service provider.
• The Company 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. In addition The Company shall further not be liable for any loss or damages arising from the reason of such disclosure, weather intentionally or unintentionally.
• In case there is any loss of information, caused due to any reason, weather as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same.
• Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
• All information is accepted in good faith and dialurban accepts no responsibility whatsoever regarding the bonafide of the user.
• The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User, and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
• The Company does not warrant that dialurban or any of the web sites linked to dialurban.com be free of any operational hazards or errors, nor that it will be free of any virus or/and worm or/and any other harmful components.
• It is not the Company's responsibility to exercise any kind of supervisory or editorial control over any edit and/or amend any data and/or contents of any e-mails and/or posting of any information that may be inserted or/and made available or transmitted to a third party in or through dialurban.com and the User acknowledges the same.
• Dialurban is not involved in any transaction between any parties who are using our website. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Dialurban does not accept or/and assume responsibility for the content or/and context of the user comment.
• If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that dialurban has no obligation whatsoever to be involved in any such dispute/s. In case of the user has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the company or/and their officers or/and employees or/and agents or/and successors.
• The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
• In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such site visits. The Company/dialurban.com shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfilment by the Advertiser in this regard.
• The website's total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company's website or the period immediately preceding 45 days prior to the incident giving rise to the relevant claim.
• This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from
• The Diamond Listing is listed for a period of two weeks only from the day the Order is activated.  Dialurban shall not be liable for any delay arising from the User's end in conversion of their property listing to Diamond Listing, resulting in the Diamond Ad listing not being showcased for the complete period of two weeks.  This package cannot be transferred, adjusted or reimbursed.
• Dialurban shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. Dialurban.com will not be responsible for any claims arising out of the use of any information displayed herein.

 

18. Limitation of Liability

• User agrees that neither dialurban.com nor its group companies/businesses, directors, associates or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if dialurban.com has been advised of the possibility of such damages.
• User further agrees that dialurban shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that dialurban shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service.
• The Company takes no responsibility/liability whatsoever for shortage or non fulfilment of the service/s on dialurban.com or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules, etc.
• Dialurban /TCPL shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
• Dialurban shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the dialurban mobile application on your mobile phone.

 

19.  Use of Information/Data Supplied

The User hereby agrees and irrevocably authorizes that the Company has the right to:
 

• Use for the company's own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
• Retain all data or/and information supplied by the User while using the Service to remain at dialurban.com for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company's property, records and databases as the exclusive property of the Company, for all times to come.
• By entering mobile number on dialurban while registering for an account or receiving alerts, contacting a property seller/buyer, user gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with dialurban.

 

20. Indemnity

 

1. Firstly, User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party
2. Secondly, the Company's use of any User Content, provided that such use complies with the requirements of the Agreement
3. Thirdly, the User's use of the Services in any manner inconsistent with or in breach of the Agreement; and,
4. Fourthly, any claim alleging facts that would constitute a breach of User's representations and warranties made in this Agreement.

Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defence and settlement of such claim. The User may join in defence with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Dialurban or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party ("User") of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indeminitor (Company).
 

21.  Confidentiality

• For the purpose of this Agreement and attachments thereto and all renewals, " Confidential Information " means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the " Disclosing Party " herein the Company ) or any other members of the Disclosing Party's group of companies ( including, but not limiting to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the " Receiving Party ", herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
• The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information or any part of it, except to any of the Receiving Party's Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
• Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
• On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
• All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions" clause, release any such data and information to any third party without the prior consent of the User.
• The User has access to only his own data and information stored in the database at dialurban.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
• All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
• All copyright and/or know-how and/or any other related intellectual property rights to the Service or dialurban.com shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to dialurban.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.

 

22.  Updation & Variation

• The right to amend vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User.
• This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at dialurban.com. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.

 

23.  Discontinuation or Modification to Services

• The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the User. Except for paid service, a pro-rated refund shall be made effective for the remaining unused period.
• 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. 

24.  Notices

• All notices shall be in English and in writing and (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of The Company's Finance department, all legal notices shall be sent to the attention of the Company's Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company. Such notice shall also be deemed as given to user if delivered through email to the ID provided in the registration application form
• Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail. All notices from the Company including notice of change to these Terms & Conditions or other matters related to dialurban.com will be done by displaying notices to Users on the service in the website of dialurban.com

 

25. Termination of Agreement & Non-exclusive Remedy

• Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination.
• Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.

 

26. Waiver

• The failure of dialurban to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.

 

27.  Governing Law and Jurisdiction

• It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between dialurban.com and any User of the Service.
• The User 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 else the claim shall be forever barred.
• All information of whatsoever nature received from the user is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
• This Agreement and any dispute or matter arising from incidental use of dialurban.com is governed by the laws of India; and the User and dialurban.com hereby submit to the exclusive jurisdiction of the courts at Delhi, India without regard to its conflict of law provisions.

 

28.  Acknowledgment and Acceptance of Terms and Conditions

• The terms and conditions appearing here above consists of the entire agreement between the Party/User (as defined above ) and the Company (as defined above ) and replaces all previous arrangements/schedules between the parties regarding the subject matter contained herein above.
• By completing the registration process and/or checking the "I have read and accept the Terms of Use" box, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions of the Company as appearing hereinabove.
• It is our constant endeavour to make dialurban.com an enjoyable and effective experience for all our users. If you observe material or behaviour that may violate one of the Dialurban Terms & Conditions, please write to us. This will go a long way in enhancing our services.

 

29. 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 In-Charge as mentioned below via in writing or through email signed with the electronic signature to info@dialurban.com

We request you to please provide the following information in your complaint:-

1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
2. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
3. Identification of the copyrighted work claimed to have been infringed.
4. The address, telephone number or e-mail address of the complaining party
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

     30. Privacy policy is framed to maintain privacy of the information submitted by the user. Please refer Privacy Policy available on the website.