This website balrajeshwar.com, including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces, etc., (hereinafter collectively referred to as “balrajeshwar.com“) is owned, hosted and operated by Balrajeshwar Real Estate Private Limited. (hereinafter referred to as BREPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at Shop No. F-16, R- Galleria, Runwal Greens, Mulund – Goregaon Link Road, Bhandup (W), Mumbai, Maharashtra – 400078. These terms of service, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between balrajeshwar.com and the User (the “Agreement”). balrajeshwar.com and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the Terms of Service set forth below.
We may amend/modify these terms of service at any time, and such modifications shall be effective immediately upon posting of the modified terms of service on balrajeshwar.com. You may review the modified Terms of Service periodically to be aware of such modifications and your continued access or use of balrajeshwar.com, shall be deemed conclusive proof of your acceptance of these Terms of Service, as amended/modified from time to time. BREPL may also suspend the operation of balrajeshwar.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize balrajeshwar.com in a manner inconsistent with these Terms of Service, BREPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
The term Subscriber/User would include any person, whether an individual or a legal entity who has subscribed to the Services of balrajeshwar.com (whether on a paid or free basis), and to whom the access to balrajeshwar.com is restricted by the use of a sign in user name and a password. The user name and password are either allotted by balrajeshwar.com or chosen by the Subscriber or agreed upon by balrajeshwar.com. It is made abundantly clear that only the authorized User has the right to access the Services so offered by balrajeshwar.com.The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by balrajeshwar.com, without the need or a requirement to create an account i.e. visits non-restricted portions of balrajeshwar.com. The term Advertiser would include a Subscriber/User uploading or relaying content using the Services.
The use and access to balrajeshwar.com shall be subject to these Terms of Service and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorized user’ and will nevertheless be subject to the Terms of Service regulating the usage of balrajeshwar.com, and expressly so with respect to respecting the intellectual property rights of the BREPL, and abiding by Terms of Service below mentioned.
The terms ‘User’ and ‘Customer’ would include both the Subscriber/Advertiser(s) and Browser/Visitor(s).
The terms ‘Service’ or ‘Services’ would mean to include the interactive online information service offered by balrajeshwar.com on the internet through which the user may access information carried by balrajeshwar.com in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to balrajeshwar.com acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535) as amended read with any rules or regulations that might be framed thereunder.
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (“Content”) as proprietary to balrajeshwar.com. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of balrajeshwar.com. balrajeshwar.com does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to balrajeshwar.com unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User’s website or on balrajeshwar.com. Similarly, balrajeshwar.com does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by balrajeshwar.com & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. Some listings may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by balrajeshwar.com or the providers of the video content as to its accuracy or completeness. In case a User is covered under the RERDA, it shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing. The User shall disclose all material information as required by LMA and in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User shall disclose all material factual information as regarding the property being advertised, its correct dimensions as also in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, BREPL may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. BREPL may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, BREPL may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these Terms of Service. BREPL will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these Terms of Service. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User’s website or the balrajeshwar.com website. BREPL shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on balrajeshwar.com and BREPL shall have the right to modify the property listing in the exercise of its rights under these Terms of Service. In addition to the terms aforementioned the User agrees(a) To represent and warrant that all Properties and associated information provided by the User will be accurate;
(b) That the User will not permit the posting of a property on balrajeshwar.com under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
BREPL shall place the information relating to properties at defined sections of balrajeshwar.com or such other mirror or parallel site(s). BREPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User’s website or on balrajeshwar.com without notice. BREPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While BREPL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to balrajeshwar.com.
Users, who are buying/renting property/properties through balrajeshwar.com, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on balrajeshwar.com merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.
User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:
Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing.
Additionally, the video screening process shall also be carried out in the following cases:
The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform.
Agents shall have the option to edit or remove videos during the course of the listing duration.
balrajeshwar.com shall utilize 3rd party services such as You-tube for hosting and streaming these videos. While doing so, the site and the users on the site shall be compliant with respect to You-tube Terms of Service https://www.youtube.com/t/terms and Youtube API Services – Developer Policies.
All logos, brands, Trademarks and Service marks (“Marks”) appearing in balrajeshwar.com are the properties either owned or used under license by BREPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with BREPL / its associates. The access to balrajeshwar.com does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.BREPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. BREPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using balrajeshwar.com as a platform to infringe the Intellectual Property Rights of others, BREPL will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access balrajeshwar.com, BREPL grants the Users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services, provided that the User is in compliance with the Terms of Service of the Agreement.
The following actions will inter alia constitute a misuse of balrajeshwar.com and are strictly prohibited:
The content of balrajeshwar.com is provided “AS IS” and on an “AS AVAILABLE ” basis, without warranties or representation of any kind, either express or implied. BREPL and third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of balrajeshwar.com.
Views expressed by the Users are their own, BREPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. BREPL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
BREPL offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to BREPL/balrajeshwar.com are solely for the purposes of display of the property advertised.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. BREPL does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in BREPL or any of its Affiliates. Further, nothing contained in balrajeshwar.com should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and BREPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
balrajeshwar.com is controlled and operated from India and BREPL makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use balrajeshwar.com from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
BREPL offers products, Services, content and various other functionalities through balrajeshwar.com and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. BREPL does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on balrajeshwar.com may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that BREPL intends to announce, launch or provide such products, programs or Services in your country.
BREPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use balrajeshwar.com, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.BREPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User’s data/information. BREPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.
For the purposes of the Consumer Protection Act, 2019 (CPA), the term Consumer will be limited to paid Customers who have not subscribed to balrajeshwar.com for purposes of commercial gain (business purposes) and their intent to utilize the services for individual use only.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of BREPL (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon BREPL.
BREPL will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to BREPL to be placed on the website by technical or any other means is not the responsibility of BREPL and does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on balrajeshwar.com website or any of its other websites / domains owned and operated by BREPL.
Submissions and unauthorized use of any information(s)/materials contained on balrajeshwar.com may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.You agree to defend, indemnify, and hold harmless, BREPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of balrajeshwar.com material or your breach of these Terms of Service or any applicable law.
BREPL will not be party to any legal proceedings between parties contracted through these Services. In case BREPL is sought to implicated in any legal proceedings, costs will be recovered from the party that names BREPL as a party to such proceedings. BREPL shall abide with any court order served on it through due process.
THIS AGREEMENT between you and BREPL governs your use of balrajeshwar.com. If any provision of these balrajeshwar.com Terms of Service or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms of Service.
The failure of BREPL to exercise or enforce any right or provision of the Terms of Service of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing balrajeshwar.com you agree that the laws prevailing in India shall be the governing laws in all matters relating to balrajeshwar.com as well as these Terms of Service.
Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to balrajeshwar.com and these Terms of Service, irrespective of the territory and jurisdiction of your access to balrajeshwar.com.
BREPL does not routinely monitor your postings to the web site but reserves the right to do so. However, if BREPL becomes aware of an inappropriate use of balrajeshwar.com or any of its Services, BREPL will respond in any way that, in its sole discretion, BREPL deems appropriate. You acknowledge that BREPL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, BREPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
