Terms & Conditions
Terms and Conditions
Welcome to AchalSampada.com (the "Site"). Please read these terms and conditions carefully before using this Site. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
1. Defined terms:
- "AchalSampada.com " is defined as the internet website at www.AchalSampada.com
- "Agreement" shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at Surajpur, Chhattisgarh.
- "Date of Commencement" is the date indicating the acceptance of the application by the User to the service. It shall be specified by the AchalSampada.com in its notice to you either through e-mail or conventional mail.
- "Date of Termination" is the date of expiry mentioned in the notice or/and the letter of termination.
- “Advertiser" also includes any person who access or avail this Site of the AchalSampada.com 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 AchalSampada.com.
- “User” is defined as a person who see property listing and its detail as consumer. and receive service from the website.
- "Registration" 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.
- These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Site.
3.ServicesAchalSampada.com provides a number of internet-based services through its platform and shall include:
- a. Posting User profile or listing for the purpose of sale/rental of property, and related property services etc.
- b. Find a property through AchalSampada.com and its internet links.
- c. Post advertisements on AchalSampada.com .
- d. Send advertisements and promotional messages through emails and whatsapp messages.
You hereby represent and warrant to the AchalSampada.com that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms. 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
- Advertisers will not pay any charges for listing or rental in the AchalSampada.com, it is absolutely free at present.
AchalSampada.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode.
- Since a user identification is necessary to access the Service; the User shall use only his own user identification.
- To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
- 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 AchalSampada.com. The User further agrees that except as otherwise proved herein, the AchalSampada.com reserves the right to change or/and re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
- In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the AchalSampada.com immediately via telephone or/and concurrently in person provide the AchalSampada.com with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the AchalSampada.com.
- The password and username being made available to the customer shall be used only by the organization named by the customer and the 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 AchalSampada.com to him.
- The User shall not use any software to automatically download or/and extract either a complete or/and partial listing from AchalSampada.com database without prior consent from AchalSampada in writing.
8.Obligations and representation of user/advertiser
- To provide accurate, complete and correct registration data on initial application for the Services.
- The User agrees that any data entered on the Site will be subject to mandatory verification process by the AchalSampada.com.
- Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the AchalSampada.com from time to time to enable the use of the Service.
- The User shall be solely responsible for all information retrieved, stored and transmitted by him.
- The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
- The User shall be responsible for all the activities that occur his/its display name and password.
- The User agrees to immediately notify the AchalSampada.com of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
- The User shall immediately notify the AchalSampada.com of any un-authorized use of the User's account or any other breach of security known to the User.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Services.
- User hereby declares that he/it is fully aware that the online advertisements placed with AchalSampada.com shall be reflected after 48 hours and agrees to the stipulated 48 hours processing.
- The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by AchalSampada.com as deemed fit by them.
- The User shall give out to the AchalSampada.com a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.
- The User will indemnify AchalSampada.com 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 and account.
- The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The AchalSampada.com however shall endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
- User of the website agrees to indemnify and keep AchalSampada.com indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.
- User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
- The User undertakes not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
- The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
- The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
- The User agrees not to make use of anyone else's information other than as necessary to complete any transactions in which User is involved.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.
- The User shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
- The Users shall avail Services on AchalSampada.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous 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.
- the performance and availability of the AchalSampada.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- AchalSampada.com also prohibits the use of another internet service to send or post SPAM to drive visitors to your site hosted on or through AchalSampada.com site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
- The User shall not violate, or attempt to violate the security of the Site and/or any web sites linked to AchalSampada.com or gain un-authorized access any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Site network system.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Site or related to us.
- The Content posted does not necessarily reflect AchalSampada.com views. In no event shall AchalSampada.com assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that-
- a. Belongs to another person and to which you do not have any right to;
- b. Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- c. Harm minors in any way;
- d. Infringes any patent, trademark, copyright or other proprietary rights;
- e. Violates any law for the time being in force;
- f. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- g. Impersonate another person.
- h. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- i. Threatens the unity, integrity, defence, security or sovereignty of India, 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
10. Use of information/data provided by user/advertiser
The User hereby agrees and irrevocably authorizes that the AchalSampada.com has the right to:
- a. All copyright and/or know-how and/or any other related intellectual property rights to the Services of AchalSampada.com including listings, details of Users, and any information otherwise made available to User in the Service, shall become and remain the sole and exclusive property of the AchalSampada.com and the User shall have no claims to the same. In the event the User has contributed any content to AchalSampada.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the AchalSampada.com, 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 AchalSampada.com 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.
- b. Use for the AchalSampada.com'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.
- c. Retain all data or/and information supplied by the User while using the Service to remain at AchalSampada.com for the exclusive use of the AchalSampada.com 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 AchalSampada.com's property, records and databases as the exclusive property of the AchalSampada.com, for all times to come.
- d. By entering mobile number on AchalSampada.com while registering for an account or receiving alerts, contacting a property seller/buyer, User gives consent to AchalSampada.com 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 AchalSampada.com .
11. Intellectual Property rights
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Site and other distinctive brand features of the Site are the property of the AchalSampada.com. Furthermore, with respect to the Site created by the AchalSampada.com, the AchalSampada.com shall be the exclusive owner of all the designs, graphics and the like, related to the Site.
- 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/property or to a party (the "Disclosing Party" herein the AchalSampada.com ) or any other members of the Disclosing Party's group of companies ( including, without limitation, as 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 nor 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 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 AchalSampada.com, 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 AchalSampada.com. However all such information shall be kept strictly confidential and the AchalSampada.com 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/its own data and information stored in the database of AchalSampada.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 AchalSampada.com and the AchalSampada.com accepts no responsibility or liability whatsoever for such actions.
- 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 AchalSampada.com.
14. Discontinuation or modification to services
- The AchalSampada.com reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at any time with or without notice to the User except for paid service.
- There shall be no liability on behalf of the AchalSampada.com to the User or any third party in case the AchalSampada.com exercises its unilateral right to modify or discontinue the Service.
The AchalSampada.com may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend 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 and/or the User's access to AchalSampada.com. Without prejudice to any other provisions of this Agreement, the AchalSampada.com shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the AchalSampada.com shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
16. Third Party links and resources in Our Website
- The content of other websites, services, goods or advertisements that may be linked to Our Site is not maintained or controlled by Us. We therefore are not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to, or advertised on, Our website.
- Where this Site contains hyperlinks to websites operated by third parties these linked websites are not under the control of the AchalSampada.com and the AchalSampada.com is not responsible for the contents of any linked website. The AchalSampada.com provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by AchalSampada.com. You link to any such website entirely at your own risk.
17. The AchalSampada.com Does not
- a. Make any warranty, express or implied, with respect to the use of the links provided on, or to, Our Site;
- b. Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to Our Site; or
- c. Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to Our Site.
The AchalSampada.com accepts no liability for any damage or loss, however caused, in connection with the use of or reliance on any information, material, products or services contained on or accessed through any linked website
Our Site may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertiser, which you can accept by linking to the third party advertisers and are not recommendations or endorsements by AchalSampada.com. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services you agree to purchase from the third party website.
Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
It shall be on the discretion of the AchalSampada.com that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
However, the AchalSampada.com 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 (a) if in the opinion of the AchalSampada.com, the User has breached any of the terms and conditions of this agreement or/and, (b) if, in the opinion of the AchalSampada.com 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, (c) 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.
19.Violation of Terms and Conditions
In the event of violation of Terms, the AchalSampada.com in its sole discretion 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 hereto. AchalSampada.com can also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc. of the land. AchalSampada.com 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 AchalSampada.com believes in its sole discretion that any advertisement or/and services may create liability for AchalSampada.com, AchalSampada.com may take any actions that it believes to be prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, AchalSampada.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.
21.Errors, inaccuracies and omissions
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Site, is inaccurate at any time without prior notice (including after you have submitted your order).
- We however undertake no obligation to update, amend or clarify information in the Service or Site, including without limitation, except as required by law. No specified update or refresh date applied in the Service or on Site, should be taken to indicate that all information in the Service or on Site has been modified or updated.
- The User hereby agrees that use of the Service is at the User's sole risk. The Service is provided on an "as is" or/and on an "as available" basis. AchalSampada.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 AchalSampada.com makes no warranty that the Services shall meet User's requirements, that the Services shall be uninterrupted or/and timely or/and secure or/and error free.
- This Site is vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom. We may need to make the Site unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of Service. Further the AchalSampada.com does not warrant that any of the websites linked to AchalSampada.com be free of any operational hazards or error nor that it will be free of any virus or/and worm or/and any other harmful components.
- There are no express representations and warranties, whether express or implied, made by the AchalSampada.com regarding the accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the Services of AchalSampada.com . The User understands and agrees that any information or/and material and/or goods or/and services obtained through this Site 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. No advice or or/any information, whether oral or/and written, obtained by the User from AchalSampada.com or/and through or/and from the Service shall create any warranty not expressly stated herein. In case the there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, the AchalSampada.com shall not be liable in any way for the same. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
- The AchalSampada.com 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 AchalSampada.com shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently. All information are accepted in good faith and AchalSampada.com accept no responsibility whatsoever regarding the bonafide of the User, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
- Once a listing or banner is displayed on Our Site, We do not guarantee or make warranties that there would be satisfactory response or any response at all.
- The AchalSampada.com is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the Services availed by the User from third party service providers on or beyond the platform of AchalSampada.com . For any third party product or service which customer/user will buy through AchalSampada.com , the Customers/Users of Services shall take full responsibility to deal with third parties respective vendors at their own risk, cost and liability.
- Property descriptions and other information provided on Our Site are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents/sellers/brokers to ensure the accuracy and integrity of property descriptions provided on Our Site and in any property particulars.
- Any value estimates provided on Our Site are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publically available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on Our Site is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.
- AchalSampada.com will not be liable for any time difference arising between a message released through a gateway/ server (provided to AchalSampada.com ) and such message finally reaching the User from the concerned service provider.
- 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 AchalSampada.com shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
- In case a visitor to the portal is desirous of conducting a project site visit of the property he/it is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such project site visits. The AchalSampada.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.
- AchalSampada.com has no intention of violating any intellectual property or ancillary rights. If there is any violation, we request that the same be promptly brought to our attention.
- It is not the AchalSampada.com's policy to exercise any kind of supervisory or editorial control over and/or 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 AchalSampada.com and the User acknowledges the same. The User acknowledges and agrees that the AchalSampada.com has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information and/or content of any data and/or information and/or posting so as, in the sole opinion of the AchalSampada.com, to comply with the prevailing legal framework and/or moral obligations as placed on the AchalSampada.com and in order to avoid infringing any third party's rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or AchalSampada.com and/or the internet.
- The AchalSampada.com is not involved in any transaction between any parties who are using Our Site. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Site is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does AchalSampada.com screen or/and censor or/and otherwise control the Users of its service. AchalSampada.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of AchalSampada.com will complete the transactions they describe on Our Site. It is extremely important that the User takes care throughout his/its dealings with third party(s) and/or Users on this Site. AchalSampada.com does not accept or/and assume responsibility for the content or/and context of the User comment.
- AchalSampada.com 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. AchalSampada.com will not be responsible for any claims arising out of the use of any information displayed herein.
- All the offers and discounts on this Website have been extended by various Builder(s)/Developer(s) who have advertised their products. AchalSampada is only communicating the offers and not selling or rendering any of those products or services. AchalSampada.com is not responsible for any non-performance or breach of any contract entered into between Customer/Buyer/User and Sellers. AchalSampada.com cannot and does not guarantee that the concerned Customer/Buyer/User and/or Sellers will perform any transaction. At no time shall AchalSampada.com hold any right, title or interest over the products/services nor shall AchalSampada.com have any obligations or liabilities in respect of such contract entered into between Customer/Buyer/User and Sellers. It neither warrants nor is it making any representations with respect to offer(s) made on the site. AchalSampada.com shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller and both Seller and Customer/Buyer/User shall settle all such disputes without involving AchalSampada.com in any manner.
- If there is any dispute between the Users/participants on this Site, it is agreed upon by the Users/participants that AchalSampada.com has no obligation whatsoever to be involved in any such dispute/s. In the event that 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 AchalSampada.com or/and their officers or/and employees or/and agents or/and successors.
- In no case shall the AchalSampada.com, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products, or for any other claim related in any way to Your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
- AchalSampada has endeavoured to ascertain the requirement of RERA registration. The advertiser is hereby obligated to provide RERA registration number for promoting a RERA registered project in terms of Real Estate (Regulation & Development) Act, 2016. AchalSampada is a platform for advertisement and does not vouch for the project or the details provided in the advertisement.
23.Limitation of liability
- User agrees that neither AchalSampada.com nor its group companies, directors, officers 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 AchalSampada.com has been advised of the possibility of such damages. User further agrees that AchalSampada.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or 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 AchalSampada.com shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service.
- The AchalSampada.com takes no responsibility/liability whatsoever for shortage or non-fulfilment of the service/s on AchalSampada.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 AchalSampada.com for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules, etc.
- AchalSampada.com 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.
- AchalSampada.com 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.
Grievance Redressal Mechanism: 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 Officer as mentioned below via in writing or through email signed with the electronic signature to grievance@AchalSampada.com or write on “contact us” page.
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.
the failure of Company 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.
28.This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
29.Governing low 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 Company 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 be forever barred.
All information of whatsoever nature received from the user is in good faith and is bona fide. 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 AchalSampada.com is governed by the laws of India and the User and AchalSampada.com hereby submit to the exclusive jurisdiction of the courts at Surajpur, Chhattisgarh, India without regard to its conflict of law provisions.
30.Acknowledgment and acceptance of terms and conditions
It is our constant endeavour to make AchalSampada.com an enjoyable and effective experience for all our users. If you observe material or behaviour that may violate one of the AchalSampada.com Terms & Conditions, please write to us. This will go a long way in enhancing our service!
AchalSampada.com through its various advertising campaigns collects information about the users. This information is voluntarily provided by the user and is collected in the database of AchalSampada.com. The information so collected in the database through these campaigns refers to the property details, email address and names of the user. AchalSampada.com uses third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective users/buyers/sellers. The data collected is for the exclusive use of AchalSampada.com and Company reserves its right to allow access to its clients for the purposes of purchase and disposing of properties only, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by Company against the erring party, including indemnification for third party claims for damages.
Project developers or builders and Real Estate Agents, are required to comply with rules, regulations and guidelines of RERA Act 2016 and obtain necessary registration under the said Act. It is mandatory for Project developers or builders and Real Estate Agents to disclose on the Site, all material and requisite information as required under the Act. We do not guarantee that Project(s) and Real Estate Agents have registered under the Act or are compliant with the same. In no event will the Company be liable for any claim made by the Users including seeking any cancellation for any of the inaccuracies in the information provided in this Site.
It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERA Act 2016) developed, built by a Developer/ Builder and/or initiated /referred to by a Real Estate Agent, before making any Buy/Sell or any other decisions
AchalSampada.com makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, services or related information provided by Developer/Builder/Real Estate Agent/Promoter on its Site with respect to any property or project.
Disclaim the accuracy of any information
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. Prices of listed property or rentals may be different from the time to time provided by advertisers.
AchalSampada.com and its original content, features, and functionality are owned by AchalSampada and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.