Terms & Conditions
Unless otherwise specified, the capitalized terms shall have the meanings set out below:
Account means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by Ghar Dhoondo Guru Ji.
Agreement means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between Ghar Dhoondo Guru Ji and the User in relation to the Services.
Applicable Law means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Broker means and includes all brokers, channel partners, sales agencies and other third parties who/ which negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease or such other form of transfer in relation to a plot, apartment or building, as the case may be, including marketing and promotion of such plot, apartment or building, for remuneration or fees or any other charges for his services whether as commission or otherwise and incudes a person who introduces, through any medium, prospective parties to each other for negotiations and includes property dealers, brokers, middlemen by whatever name called and real estate agent as defined under the Real Estate (Regulation and Development) Act, 2016.
Computer Virus means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.
Confidential Information means and includes all information that is not
in the public domain, in spoken, printed, electronic or any other form or
medium, relating directly or indirectly to, the assets, business processes,
practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques,
agreements, contracts, terms of agreements, transactions, potential
transactions, negotiations, pending negotiations, know-how, trade
secrets, computer programs, computer software, applications, operating
systems, software design, web design, work-in-process, databases,
manuals, records and reports, articles, systems, material, sources of
material, supplier identity and information, vendor identity and
information, User identity and information, financial information, results,
accounting information, accounting records, legal information, marketing
information, advertising information, pricing information, credit
information, developments, internal controls, security procedures,
graphics, drawings, sketches, sales information, costs, formulae, product
plans, designs, ideas, inventions, original works of authorship,
discoveries and specifications, of Ghar Dhoondo Guru Ji and/or affiliates
or their respective businesses, or any existing or prospective customer,
supplier, investor or other associated third party, or of any other person
or entity that has entrusted information to Ghar Dhoondo Guru Ji in
confidence.
Content means and includes any information all data and information on
the Site.
Government Authority means and includes any government, any state
or other political subdivision thereof, any entity exercising executive,
legislative, judicial, regulatory or administrative functions of or pertaining
to government, or any other government authority, agency, department,
board, commission or instrumentality or any political subdivision thereof,
and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any
Government or non-Government self-regulatory organization, agency or
authority; having jurisdiction over the Agreement and the Services
contemplated under the Agreement.
Information Technology Act means the Information Technology Act,
2000.
Intellectual Property means and includes patents, inventions, know
how, trade secrets, trademarks, service marks, designs, tools, devices,
models, methods, procedures, processes, systems, principles,
algorithms, works of authorship, flowcharts, drawings, and other
confidential and proprietary information, data, documents, instruction
manuals, records, memoranda, notes, user guides, ideas, concepts,
information, materials, discoveries, developments, and other
copyrightable works, and techniques in either printed or machine-
readable form, whether or not copyrightable or patentable, each of which
is not in the public domain or would by its very nature fall within public
domain.
Intellectual Property Rights mean and include (a) all right, title, and
interest under including but not limited to patent, trademark, copyright
under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act,
1957 respectively; any statute or under common law including patent
rights; copyrights including moral rights; and any similar rights in respect
of Intellectual Property, anywhere in the world, whether negotiable or
not; (b) any licenses, permissions and grants in connection therewith; (c)
applications for any of the foregoing and the right to apply for them in
any part of the world; (d) right to obtain and hold appropriate
registrations in Intellectual Property; (e) all extensions and renewals
thereof; (f) causes of action in the past, present or future, related thereto
including the rights to damages and profits, due or accrued, arising out
of past, present or future infringements or violations thereof and the right
to sue for and recover the same; (g) any Confidential Information.
Ghar Dhoondo Guru Ji. means and includes Guru Ji Enterprises ,a
company incorporated under the Companies Act, 2013 having its
registered office at Una Distt Una (H.P), India including its officers,
directors, employees and representatives along with its Site.
Privacy Policy
means and includes the privacy policy of Ghar Dhoondo Guru Ji more particularly described in Section II.
Prohibited Conduct means and includes the User’s use of the Service
in contravention of the Agreement and Applicable Law; violation of or the
abetment of violation of third party rights; infringement or
misappropriation of Ghar Dhoondo Guru Ji or any persons Intellectual
Property Right; attempt to gain or assist another person/ User to gain
unauthorized access to the Site and/or Services or its related systems or
networks; create internet links to the Site or "frame" or "mirror" any
content on any other server or wireless or Internet-based device; act of
sending spam, duplicated or unsolicited messages; usage or storage of
obscene, threatening, libellous, or otherwise unlawful or tortious
material, including material harmful to children or in violation of third
party privacy rights leading to harassment, annoyance, anxiety or
inconvenience to any person; modify or make derivative works based
upon the Service and/or impersonation in relation to any person or
entity, claiming a false affiliation, accessing any other Account without
permission, or falsely representing User Information.
Registration Data means and includes the mobile number, e-mail
address, username and such other particulars and/or information as may
be required by Ghar Dhoondo Guru Ji and supplied by the User on initial
application and subscription.
Personal Information means and includes details of Aadhaar Card,
PAN Card, biometric information, financial information such as bank
account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally
identifies such User and/or person.
Services means and includes the services provided by Ghar Dhoondo
Guru Ji within the territory of India to the User of the Site and shall
include the provision of (a) connecting tenants and owners to find each
other without paying any brokerage, (b) services to the Users who wish
to post their listings for the purposes of renting their property, (c)
services to the Users who wish to secure/buy a property through the
Site, (d) services to the Users pertaining to paperwork and
documentation processing, relating to lease agreement registration,
bank franking, police verification and society approvals with regard to the
rental property listed on its website. (e) services to those who wish to
purchase advertisement space of their products or services on the Site,
(f) services to the Users who wish to receive advertisements and
promotional messages on the Site and through e-mails and text
messages, (g) providing residents with a building specific network to
enable interaction with neighbours for sharing knowledge of the
neighbourhood, (h) services to the Users allowing them to pay rental
money to the other Users through the Site using third party payment
gateways, (i) connecting the Users to various Third Party Service
Providers for the provision of other related services.
Site means and includes the website owned, operated and managed by
Guru Ji Enterprises at the URL www.ghardhoondoguruji.in
(www.ghardhoondoguruji.com), and also includes the mobile application
owned, operated and managed by Guru Ji Enterprises.
Terms and Conditions
means and includes the terms and conditions
contained in the Agreement more particularly set out in Section I.
Third Party Service Provider means and includes any service provider
with whom Ghar Dhoondo Guru Ji has an agreement for the purposes of
making services in addition to the Services available for the User.
User means any person who accesses the Site or avails Services on the
Site for the purposes of hosting, publishing, sharing, transacting,
displaying or uploading information or views and whether as a tenant or
as an owner looking for potential tenants includes other persons jointly
participating in using the Site.
User Information means and includes Registration Data, Personal
Information and any other data, details or information in relation to the
User, provided by the User to Ghar Dhoondo Guru Ji in relation to the
Services, whether through the Site, e-mail or any other form of
communication, agreeable to the User and Ghar Dhoondo Guru Ji.
INTERPRETATION
- Reference to any legislation or law shall include references to any
such legislation or law as it may from time to time be amended,
supplemented or re-enacted, and any reference to a statutory provision
shall include any subordinate legislation made from time to time under
that provision.
- Any reference in this Agreement to a person includes any individual,
corporation, partnership, unincorporated organization or governmental
agency and shall include their respective successors and permitted
assigns and in case of an individual shall include his legal
representatives, administrators, executors and heirs and in case of a
trust shall include the trustee or the trustees for the time being.
- Headings to Sections and Clauses are for ease of reference only and
shall be ignored in the construction of the relevant Sections and
Clauses.
- The singular includes the plural and vice versa and words importing a
particular gender include all genders.
- The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be
construed ejusdem generis or be construed as any limitation upon the
generality of any preceding words or matters specifically referred to.
ACCEPTANCE OF THE TERMS AND CONDITIONS
- Ghar Dhoondo Guru Ji agrees to provide to the User and the User
agrees to avail from Ghar Dhoondo Guru Ji the Services in accordance
with and on the basis of this Agreement and the User’s acceptance of
the Terms and Conditions and Privacy Policy constitute the Agreement
between the User and Ghar Dhoondo Guru Ji and such Agreement shall
deem to replace all previous arrangements between the User and Ghar
Dhoondo Guru Ji in relation to the Services and access of the Site.
- The User undertakes to be bound by the Agreement each time the
User accesses the Site, completes the registration process
- The User represents and warrants to Ghar Dhoondo Guru Ji that the
User is 18 (eighteen) years of age or above, and is capable of entering
into, performing and adhering to the Agreement. Individuals under the
age of 18 (eighteen) may access the Site or avail a Service only with the
involvement, guidance, supervision and/or prior consent of their parents
and/or legal guardians, through the Account of or under the guidance of
such parent/ legal guardian. Ghar Dhoondo Guru Ji shall not be
responsible for verifying if the User is atleast 18 (eighteen) years of age.
ACCESS TO THE SITE
- First time Users can access the Site for preliminary browsing without
creating an Account.
- The User undertakes and agrees to provide User Information,
uploading Content and create an Account in order to retrieve specific
information and avail the Services.
- Ghar Dhoondo Guru Ji shall verify the Account by requesting for the
one-time password from the User. The User undertakes and agrees that
a mobile number can only be used once to create an Account. The User
is prohibited from creating multiple Accounts and Ghar Dhoondo Guru ji
reserves the right to conduct appropriate verification to detect such
multiplicity of Accounts and take appropriate action.
- The User undertakes to cooperate with any of Ghar Dhoondo Guru ji
personnel in connecting with the User’s access to the Site, as may be
required by Ghar Dhoondo Guru ji.
SUBSCRIPTION PLANS
- Ghar Dhoondo Guru ji offers a combination of Services which the User
may subscribe to, subject to the need of the User, upon payment of
applicable fees.
- The subscription fee paid by the User is non-refundable except when
the User selects the Moneyback Plan as detailed on the Site.
- Ghar Dhoondo Guru ji reserves the right to revise the fee of any
subscription plan without notice to the User at any time prior to, at the
time of, during the tenor or post subscription of the plan by the User.
Ghar Dhoondo Guru ji shall intimate the User of such revised fees and
the User undertakes to pay to Ghar Dhoondo Guru ji the difference in
the amount after such revision.
USER INFORMATION
- Ghar Dhoondo Guru ji shall not be responsible for the accuracy,
quality, integrity, legality, reliability, appropriateness and Intellectual
Property Rights of and/or in relation to the User Information.
- Ghar Dhoondo Guru ji shall not be responsible or liable for the
deletion, correction, destruction, damage, loss or failure to store any
User Information, in whole or in part.
- Ghar Dhoondo Guru Ji reserves the right to withhold access, remove
or discard any User Information from the Site, in whole or in part at on its
sole discretion.
- Ghar Dhoondo Guru Ji shall have the right but not an obligation to
maintain or forward any User Information and to verify the authenticity of
any User Information made available to it through the Site or otherwise.
RIGHTS OF GHAR DHOONDO GURU JI
- Ghar Dhoondo Guru Ji, at all times, reserves the right, to reject or
disable an Account in the event of the User’s violation of any Applicable
Law or anything done by the User in contravention of this Agreement
and including but not limited for any other reason in relation to the safe
and secure operation of the Site.
- Subject to Applicable Law, Ghar Dhoondo Guru Ji has an internal
infrastructure in order to conduct a background check and verification of
the User Information and the Account in order to ensure that the Brokers
are not registering themselves on the Site. In the event, a User is
detected as a Broker, Ghar Dhoondo Guru Ji has the right to reject or
disable such Account without cause.
- Ghar Dhoondo Guru Ji has the right to modify, suspend or terminate
all or any part of the Services including its features, structure, fees and
layout, and/or suspend or deactivate, whether temporarily or
permanently, the User Account and/or User’s access to the Site, at any
time, without any prior notice to the User.
- Ghar Dhoondo Guru Ji shall endeavor to provide the User an
advance notice, without any obligation to do so, of any suspension or
deactivation of the Site for the purposes of repair, any inspection or
testing by a Government Authority, or for maintenance, upgradation,
testing or any other reason as Ghar Dhoondo Guru Ji may deem fit.
Ghar Dhoondo Guru Ji shall use its best efforts to rectify any disruption
of or rectify an error on the Site and restore regular operations of the
Site.
- Ghar Dhoondo Guru Ji has the right to issue notifications,
confirmations and other communications to the User, on the Site,
through e-mail, text message or any other form as may be agreed to by
the User and/or send promotional or other relevant information in
relation to the Services to the User. Ghar Dhoondo Guru Ji may also
send users occasional e-mail bulletins unless the Users have opted not
to receive these e-mails. These e-mails may also contain neighborhood
information, tips and suggestions or any other offer provided by third
party. Ghar Dhoondo Guru Ji does not take any responsibility of the
validity of any of these offers. The Users shall have the right to
unsubscribe from receiving any such notifications or promotional
information at any time by sending a mail to arunbadyals@gmail.com.
UNAUTHORIZED ACCESS
- The User shall be liable for all acts conducted through the User’s
Account and shall be responsible for the safekeeping of the details and
password of the Account.
- Subject to Applicable Law, the User is responsible for notifying Ghar
Dhoondo Guru ji immediately upon becoming aware of any unauthorized
access into or misuse of the Account causing a breach of security as per
the Terms and Conditions and Privacy Policy of Ghar Dhoondo Guru ji.
- Ghar Dhoondo Guru ji shall extend support by ensuring immediate
termination or suspension of such Account and shall take such other
appropriate safety measures as it may deem necessary. Further, Ghar
Dhoondo Guru ji shall not be held liable for any unauthorized access into
the Account and/or any loss or damage caused to the User by such
unauthorized access or loss or damage caused as a consequence of the
delay or failure of the User in informing Ghar Dhoondo Guru ji about
such unauthorized access.
- In order to better protect the secrecy of the User Information, the User
is encouraged to change the password of the Account from time to time.
USE OF INFORMATION
- Ghar Dhoondo Guru Ji undertakes that the procurement, storage,
usage and dissemination of all information including User Information
and/or Content, as the case may be, pursuant to this Agreement, shall at
all times, including upon expiration of the Services or termination of the
Agreement with the User, be in accordance with the Information
Technology Act 2000, the rules made thereunder and other relevant
Applicable Laws.
- The User hereby irrevocably and unequivocally authorizes Ghar
Dhoondo Guru Ji to utilize User Information for the purposes including
those set out below:
- Provision of Services in accordance with the Agreement;
- Disclose User Information to its directors, officers, employees,
advisors, auditors, counsel, or its authorized representatives on a need
to know basis for provision of the Services;
- Contacting a Third Party Service Provider and/ or facilitating/ enabling
the services of a Third Party Service Provider for the User pursuant to
the arrangement between Ghar Dhoondo Guru Ji and such Third Party
Service Provider;
- Conducting internal studies, consumer research, surveys and
preparing reports in connection with the Services;
- Entering the registration data for an Account or receiving alerts,
contacting a property seller/ buyer; and
- Sending alerts, contact details, promotional messages and
promotional calls whether by Ghar Dhoondo Guru Ji itself or through its
partners/ vendors and sub-partners/ sub-vendors.
- Disclosing to third parties (including law enforcement agencies and
the User’s building management personnel) personally identifiable
information where Ghar Dhoondo Guru Ji has reasonable cause to
believe that the Users are guilty of any Prohibited Conduct.
Third party services
- Subject to the need and request of the User, Ghar Dhoondo Guru Ji
shall engage, directly or indirectly, the services of Third-Party Service
Providers from time to time in order to provide the Services to the Users,
in accordance with the terms and conditions separately agreed to
between Ghar Dhoondo Guru Ji and such Third-Party Service Provider.
- Ghar Dhoondo Guru Ji may recommend services of a Third-Party
Service Provider to the User to provide a one stop shop experience in
relation to ancillary services, including but not limited to packaging and
moving furniture, neighborhood information or doorstep registration
facilities to the User.
- Ghar Dhoondo Guru ji shall have the unequivocal consent of the
User to share User Information, in whole or in part, with the Third-Party
Service Provider, without intimation to the User.
- The Site may serve as a platform for relevant and interested Third
Party Service Providers for the purposes of advertising or promoting
their services in relation to the Services provided by Ghar Dhoondo Guru
ji.
- Nothing contained herein shall constitute or be deemed to constitute
an agency or partnership or association of persons for and on behalf of
Ghar Dhoondo Guru ji or any Third-Party Service Provider. The
arrangement specified in this clause is strictly executed on principal to
principal basis and each concerned person shall be bound for their
distinct responsibilities, rights, liabilities and obligations in accordance
with the relevant bilateral agreement between such persons.
Tailored Advertising
- The User acknowledges and agrees that Third Party Service
Providers may use cookies or similar technologies to collect information
about the User’s pattern of availing the Services, in order to inform,
optimize, and provide advertisements based on the User’s visits on the
Site and general browsing pattern and report how Third-Party Service
Providers advertisement impressions, other uses of advertisement
services, and interactions with these impressions and services are in
relation to the User’s visits on such third party’s website.
- Ghar Dhoondo Guru ji also permits Third Party Service Providers to
serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services.
- The User undertakes and agrees that when accessing the Services
from a mobile application the User may also receive tailored in-
application advertisements. Each operating system provides specific
instructions on the prevention of tailored in-application advertisements.
- It is to be noted that Ghar Dhoondo Guru ji does not guarantee the
accuracy, integrity or quality of any content provided by such Third-Party
Service Provider. Further, the Users interactions with such Third-Party
Service Providers found on or through the Services provided by Ghar
Dhoondo Guru ji on the Site, including payment and delivery of goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between the Users and the Third Party Service Providers. In no event shall Ghar Dhoondo Guru ji
be liable for any damages arising out of any interaction between
the User and such Third Party Service Provider. The information
provided on the Site is provided to the Users on an "AS IS, WHERE
IS" basis.
GHAR DHOONDO GURU JI PLATFORM
The Users agree and acknowledge that Ghar Dhoondo Guru Ji is only
an online platform that allows the Users to interact with each other for
the purpose of listing their property on the Site and/or searching for
appropriate options. The Users further understand and accept that:
- The Users are ultimately responsible for choosing and/or interacting
with other Users on the Site and Ghar Dhoondo Guru Ji is only a
facilitator that shall not be held responsible or liable for the selection
and/or interaction of the Users with other Users on the Site.
- Ghar Dhoondo Guru Ji may provide the Users the profile previews of
other Users who may be suitable to tender to the requirements of the
Users based on information that the Users provide to Ghar Dhoondo
Guru Ji. Please note that Ghar Dhoondo Guru Ji (i) does not recommend
or endorse any other User i.e it does not endorse any house owners and
tenants registered on the Site; and (ii) does not make any
representations or warranties with respect to the other Users or the
property listed by them. Ghar Dhoondo Guru Ji shall not be liable, for
any reason whatsoever, for any disputes amongst the Users and there is
no liability on Ghar Dhoondo Guru Ji for the consequences that the
Users may be subjected to while dealing with other Users on the Site.
- Information regarding all the Users and/or any third party whose
services the Users avail through the Site as displayed on the Site is
intended for general reference purposes only. Such information is mainly self-reported by the Users and/or the third party and may change from
time to time or become out of date or inaccurate. The Users are
encouraged to independently verify any such information the Users see
on the Site with respect to the other Users or the property listed by them.
- The Users understand and agree that any interactions and associated
issues with the other Users and/or the third parties with whom the Users
interact through the Site or the third party whose services the Users avail
through the Site including but not limited to any service-related issues,
any Prohibited Conduct issue, any fraudulent activity is strictly amongst
the Users and/or the third party and the User shall not hold Ghar
Dhoondo Guru Ji responsible for any such interactions and associated
issues. If the Users decide to engage with other Users, the Users do so
at their own risk.
- Ghar Dhoondo Guru Ji cannot assure that all the transactions will be
completed nor does Ghar Dhoondo Guru Ji guarantee the ability or
intent of the Users to fulfil their obligations under any transaction. Ghar
Dhoondo Guru ji advises the Users to perform their own investigation
prior to selecting and/or interacting with the other Users on the Site.
Terms and Conditions:
Information Collection, Use, Confidentiality, No-Disclosure and
Data Purging
Ghar Dhoondo Guru Ji shall access your Credit Information as your
authorized representative and Ghar Dhoondo Guru Ji shall use the
Credit Information for limited End Use Purpose consisting of and in
relation to the services proposed to be availed by you from Ghar
Dhoondo Guru Ji. We shall not aggregate, retain, store, copy,
reproduce, republish, upload, post, transmit, sell or rent the Credit
Information to any other person and the same cannot be copied or
reproduced other than as agreed herein and in furtherance to applicable
law including the CICRA.
The parties agree to protect and keep confidential the credit information
both online and offline.
The Credit Information shared by you, or received on by us on your
behalf shall be destroyed, purged, erased immediately upon the
completion of the transaction/ End Use Purpose for which the Credit
Information report was procured, this period not being longer than 6
months. If you wish to revoke the consent granted to Ghar Dhoondo
Guru Ji under this End User Agreement, please contact us at
arunbadyals@gmail.com
Governing Law and Jurisdiction
The relationship between you and Ghar Dhoondo Guru Ji shall be
governed by laws of India and all claims or disputes arising there from shall be subject to the exclusive jurisdiction of the courts of Una
Himachal Pradesh.
Definitions:
Capitalized terms used herein but not defined above shall have the
following meanings:
“Business Day” means a day (other than a public holiday) on which
banks are open for general business in Una Himachal Pradesh.
“Credit Information Report”means the credit information / scores/
aggregates / variables / inferences or reports which shall be generated
by EXPERIAN/CIBIL/EQUIFAX.
“Credit Score” means the score which shall be mentioned on the Credit
Information Report which shall be computed by
EXPERIAN/CIBIL/EQUIFAX.
“CICRA” shall mean the Credit Information Companies (Regulation) Act,
2005 read with the Credit Information Companies Rules, 2006 and the
Credit Information Companies Regulations, 2006, and shall include any
other rules and regulations prescribed thereunder.
CONTENT ON THE SITE
Ghar Dhoondo Guru Ji shall endeavor to ensure that the Content on its
Site is monitored to ensure that the same is not in contravention of
Applicable Law and this Agreement. In this regard, the Users represent
and warrant that they shall not do any of the following via the Site or
otherwise in connection with the Service:
- attempt or help anyone else attempt to gain unauthorized access to
the Site or Ghar Dhoondo Guru Ji related systems or networks (including
without limitation the impersonation of another User or use of a false
identity or address to gain access to the Site);
- use the Site to violate the Intellectual Property Rights of any person
(including without limitation posting pirated music or computer programs
or links to such material on Site or on the User’s Profile);
- send spam or otherwise duplicative or unsolicited messages in
violation of Applicable Laws;
- send or store infringing, obscene, threatening, libelous, or otherwise
unlawful or tortious material, including material harmful to children or
violative of third party privacy rights;
- send or store material containing software viruses, worms, Trojan
horses or other harmful computer code, files, scripts, agents or
programs;
- interfere with or disrupt the integrity or performance of the Service or
the data contained therein;
- license, sublicense, sell, resell, transfer, assign, distribute or
otherwise commercially exploit or make available to any third party the
Service or any content contained in or made available through the
Service in any way;
- modify or make derivative works based upon the Service or the
Content of Ghar Dhoondo Guru Ji;
- create internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or internet-based device; or
reverse engineer or access the Service in order to (a) build a product
competitive with the Service, (b) build a product using ideas, features,
functions or graphics similar to those of the Service, or (c) copy any
ideas, features, functions or graphics contained in the Service.
USER GENERATED CONTENT
The Site may contain user generated content (“UGC”) which Ghar
Dhoondo Guru Ji does not pre-screen and which contains views that
may be opinions of Users and also of experts. These views do not
represent Ghar Dhoondo Guru Ji views, opinions, beliefs, morals or
values. Ghar Dhoondo Guru Ji does not claim any ownership rights in
the text, files, images including photos, videos, sounds, musical works or
any UGC that the Users submit or publish on the Site. After posting any
UGC on the Site, the Users continue to own the rights that the Users
may have in that UGC, subject to the limited license set out here. Ghar
Dhoondo Guru Ji shall do its best to monitor, edit or remove such UGC
where Ghar Dhoondo Guru Ji considers it appropriate or necessary to
do so. Ghar Dhoondo Guru Ji does not promise that the content in or on
the Site is accurate, complete or updated, that it will not offend or upset
any person or that it does not infringe the Intellectual Property Rights of
third parties.
The Users hereby expressly acknowledge and agree that Ghar Dhoondo
Guru Ji will not be liable for the User’s losses or damages (whether
direct or indirect) caused by any activity undertaken by the User on the
basis of any UGC.
INTELLECTUAL PROPERTY
- Ghar Dhoondo Guru Ji respects the Intellectual Property Rights of
others and asks its Users to do the same. The User shall have the sole
responsibility for the Intellectual Property ownership or right to use of
any information that the Users submit via the Site and the Users may not
use the Site to transmit or reproduce someone else's Intellectual
Property.
- The User shall be held liable for acts including but not limited to those
set out below herein, for any such infringement of Ghar Dhoondo Guru Ji
Intellectual Property Rights:
- Misrepresentation of User Information or Content as their own
property;
- Using the Content directly or indirectly, publicly or privately for
charging brokerage from the Users;
- Using the Content directly or indirectly, publicly or privately for
charging brokerage from any third party; and using the Content to display Broker like behaviour.
- The User shall not upload, post or otherwise make available on the
Site, Intellectual Property without the express permission of the
concerned owner and the User shall be solely liable for any damage
resulting from any infringement of such Intellectual Property.
- Ghar Dhoondo Guru Ji reserves the right to initiate appropriate legal
proceedings against any User or third party for an infringement of its
Intellectual Property Rights, in accordance with Applicable Law.
- The User further accepts and agrees that Ghar Dhoondo Guru Ji shall
have Intellectual Property Rights on all information and data provided or
shared by the User on the Site.
OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS
- Ghar Dhoondo Guru Ji does not warrant in any manner whatsoever
that the Site or any other software utilized by Ghar Dhoondo Guru Ji for
internal purposes, shall at all times remain free from any harmful
components and operational hazards such as Computer Virus, worms,
trojans and such related components that might be a threat to the
information available with Ghar Dhoondo Guru Ji.
- Ghar Dhoondo Guru Ji shall endeavor to keep the Site secured
against any possible bugs, viruses or other technical problems in
compliance with the best practices of this industry.
- Ghar Dhoondo Guru Ji shall not be held liable for any damage or
injury caused due to performance, failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, Computer Virus, link failure, site crash, malfunctioning or
software/ hardware, unavailability of network, communications line
failure, theft or destruction or unauthorized access to, alteration of, or
use of information, whether resulting in whole or in part from negligence
or otherwise.
RENTAL AGREEMENT
- If and when the User chooses to avail the rental agreement services
from Ghar Dhoondo Guru Ji, the User and the concerned property owner
shall provide Personal Information as may be required for successful
completion of registering the rental agreement.
- For the purposes of this Agreement, the User and concerned property
owner undertake:
- to not hold Ghar Dhoondo Guru Ji liable for any dispute that may
arise between them, at any time;
- to not hold Ghar Dhoondo Guru Ji liable for any loss or damage that
either the User or the concerned property holder may suffer or incur that
arise, result from, or relate in any way to any fraudulent, negligent act or
any Prohibited Conduct by another User. to bear registration or stamp
duty charges on the rental agreements or any associated agreements as
per Applicable Law and not hold Ghar Dhoondo Guru Ji liable for any
penalty that may arise due to payment of insufficient charges;
- to not hold Ghar Dhoondo Guru Ji liable for any damages that they
may incur as a result of sharing information for registering the rental
agreement; and
- to disclose additional information to third parties and/or Ghar
Dhoondo Guru Ji, as may be required from time to time in order to
complete the registration process.
DISCLAIMER
- The information and opinions available on the Site in relation to the
Services are mere guidelines for the purposes of providing general
information on the subject and the exchange of property and any other
information through or on the Site is not an offer and/or recommendation
from/ by Ghar Dhoondo Guru Ji.
- The Content should not be regarded as legal, financial or real estate
advice for the User. Ghar Dhoondo Guru Ji advises the User to make
independent enquiries and obtain professional advice before making
legal, financial or real estate decisions. The measurements, prices and
locations provided on the Site are approximate and no responsibility is
taken by Ghar Dhoondo Guru Ji for any error, omission or
misunderstanding in construing those particulars.
- The Services are chosen and used at the User’s risk and discretion
and Ghar Dhoondo Guru Ji makes no representations or warranties,
express or implied, to the User in relation to the Services or otherwise
regarding this Agreement, including the implied warranties of
merchantability and fitness for a particular purpose.
- The User understands and acknowledges that the User assumes
certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely
responsible for such User’s personal assessment of specific
requirements with regard to interaction with other Users/ persons/ Third-
Party Service Providers.
- Ghar Dhoondo Guru Ji expressly disclaims any liability or
responsibility whatsoever and howsoever arising as a result of any
Content/ listing posted on the Site/ made available to Ghar Dhoondo
Guru Ji by any User or any third party or any deficiency in service that is
caused to the User due to a Third-Party Service Provider.
- Ghar Dhoondo Guru Ji does not warrant the Services or the results
obtained from the use or that the Services will meet the User’s
expectations or requirements or that the Site will be uninterrupted or free
from any technical error.
- Ghar Dhoondo Guru Ji is not responsible for the accuracy or
reliability of any third-party reports, market information, studies and
analysis made available on the Site and any external web links
mentioned on the Site.
- Ghar Dhoondo Guru Ji does not have the obligation to physically
meet, conduct background or police verification of the Users. The terms
"genuine verified owner" and "genuine verified tenants/ buyers" on the
Site refer to Ghar Dhoondo Guru Ji algorithm-based technological
process by which Brokers are prohibited from accessing the Site and
availing the Services. This is on a best-effort basis and has its own
limitations. Ghar Dhoondo Guru Ji accepts User Information in good faith
and shall not be held responsible with regard to the bonafides of the
Users.
- Ghar Dhoondo Guru Ji shall not be liable for any damages, expenses,
costs or losses incurring from the User’s engagement in Prohibited
Conduct and availing services of Third-Party Service Providers.
- Conduct and availing services of Third-Party Service Providers.
(j) Ghar Dhoondo Guru Ji shall not be held liable or responsible for
indemnifying, refunding or reimbursing any User for any loss, damages
or expenses suffered or incurred by such User as a consequence of the
suspension or deactivation of the User’s Account.
- Ghar Dhoondo Guru Ji shall not be liable for any third party fees,
costs, charges or expenses incurred by the User for accessing the Site
or availing the Services. Ghar Dhoondo Guru Ji shall not be liable in
respect of any disputes or legal proceedings between the User and such
third party for any reason whatsoever and any such disputes or
proceedings shall be resolved outside the Site without any reference or
recourse to Ghar Dhoondo Guru Ji.
- Ghar Dhoondo Guru Ji neither has access to, nor does the
Agreement govern the use of cookies or other tracking technologies that
may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any
time, however, to the extent advertising technology is integrated into the
Services, the User may still receive advertisements and related updates
even if they choose to opt-out of tailored advertising. Ghar Dhoondo
Guru Ji assumes no responsibility or liability whatsoever for the User’s
receipt or use of such tailored advertisements.
- Ghar Dhoondo Guru Ji shall not be liable for the non-performance or
defective or late performance of any of the Services or any of its
obligations under this Agreement to such extent and for such period of
time if such non-performance, defective performance or late
performance is due to acts of God, war (declared or undeclared), civil
insurrection or unrest, acts (including failure to act) of any Governmental
Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial
action.
LIMITATION OF LIABILITY
' Ghar Dhoondo Guru Ji’s total aggregate liability under this Agreement
and in relation to anything which Ghar Dhoondo Guru Ji has done or not
done in relation with this Agreement shall be limited to the fees paid by
the User for availing the Services in relation to which such liability of
Ghar Dhoondo Guru Ji arises. ',
INDEMNITY
Ghar Dhoondo Guru Ji and its officers, directors, employees and agents
collectively at all times shall be held indemnified against any losses,
costs, expenses, claims, suits and/or damages (including reasonable
attorney fees)incurred and/or suffered by Ghar Dhoondo Guru Ji,
whether directly or indirectly, resulting from, an act or a failure to act, of
any User, person or Third-Party Service Provider for any reason
whatsoever and against any claims, suits and/or legal proceedings
initiated by third parties inclusive of but not limited to the User’s:
- breach of any terms of this Agreement;
- third party claims arising from an infringement or alleged infringement
- of such third party’s Intellectual Property;
- claims made by any Government Authority due to the User’s violation
of Applicable Law; or
- actual or alleged gross negligence or willful misconduct in connection
with the User’s use of the Services or this Agreement.
- a fraudulent act committed by a User which results in loss or
damage, suffered or incurred by any other User or by any third party.
USER GRIEVANCE
Any User grievance relating to the discrepancies or misuse of
information so provided to Ghar Dhoondo Guru Ji may be addressed to
the grievance officer, whose details are provided below appointed by
Ghar Dhoondo Guru Ji for this purpose.
Name : Pooja
Designation : Vertical Head
Email Id : arunbadyals@gmail.com
The grievance officer shall address the grievance within one month of
the date of receipt of such grievance from the User.
GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs)/
REPORT A FRAUD
The LEAs can send us the legal requests/ notices to us on
arunbadyals@gmail.com or arunbadyals@gmail.com for
assistance required on user details. Additionally, in case if you have any
query, you can also call us on our Customer Helpline Number - 9882027179
, across all 7 days a week, between 10:00 AM to 7:00 PM.
We will try to respond within 72 hours of receiving the request.
WAIVER AND SEVERABILITY
- No failure or delay on the part of Ghar Dhoondo Guru Ji in exercising
any right or remedy shall operate as a waiver of such right or remedy.
- In the event that any of the terms and conditions of the Agreement are
declared as invalid or unenforceable by a court of competent jurisdiction,
such enforceability or invalidity shall not render the other terms and
conditions as invalid or unenforceable as a whole.
- The invalid or unenforceable provision shall be construed to
reasonably reflect the actual intention of the party (in this case, Ghar
Dhoondo Guru Ji) while drafting it.
AMENDMENT
- Ghar Dhoondo Guru Ji shall change, update or modify this
Agreement, in whole or in part, without any prior notice to the User,
provided, however, that, a notification of such change, updation or
modification will be made available on the Site.
- The User’s uninterrupted and continued usage of the Services and
the Site shall be deemed as acknowledgment and acceptance of the
changes, updates or modifications to the Agreement.
GOVERNING LAW AND JURISDICTION
Any action, claim, dispute or difference arising out of or in connection
with this Agreement, including any question regarding its existence,
validity or termination (Dispute) shall be governed by and construed in
accordance with the laws of India and the courts in Una shall have
exclusive jurisdiction over Disputes arising out of this Agreement.
Notwithstanding anything contained herein, Ghar Dhoondo Guru Ji shall
not be restricted or withheld from instituting proceedings in courts/
tribunals of any jurisdiction other than Una that it may in its sole
discretion deem appropriate and convenient.