Terms and Condition

Terms and Condition

Contract

This is a Contract/Agreement between you and Capros Cybermedia Services LLP - the owners of ‘the website’ namely www.zoomty.com (hereinafter referred to as Zoomty) having its registered office at Mumbai, India.

This Contract is effective from the date when you first start using Zoomty and/or upon registration as a Member on Zoomty and the same shall continue until terminated by either one of the parties expressly by filling up and submitting the ‘Termination Notice Form’ provided in the website.

Zoomty provides advertising services relating to real estate/property and other connected services without any specific warranty of any specific result/outcome.

Zoomty may modify this agreement from time to time at its own discretion. Any alteration in this contract term shall be effective up on our posting the changes in the Terms &Conditions web page with a link on our home page. You may check the provisions of this contract regularly to update yourself accordingly. Your use of Zoomty site implies your acceptance of change in this Contract as effected by Zoomty from time to time.THIS CONTRACT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES Please read and understand the terms of DISCLAIMER here in below.


Eligibility

You can become a ‘Member’ of Zoomty by successfully registering on the website www.zoomty.com. Membership to the Zoomty is void where prohibited. For using this site you must be eligible to enter into, execute and abide the terms of this contract as per the applicable laws of India. Your use of Zoomty represents and warrants that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms and conditions of this Agreement.

You agree to inform Zoomty your subsequent disability to enter into any contract. Subsequent disability shall entitle Zoomty to restrict/change/terminate this agreement at its own discretion with or without any notice to you in this regard.


Free Consent

You state that the very fact that you are visiting/have visited the Zoomty is your complete unqualified acceptance, relating to various Terms of Use Agreement detailed in the website as also in the disclaimer section of this Agreement. You fully declare and undertake with a sound mind without any undue force, pressure, influence or coercion on you, that you shall be fully bound by the terms of this Contract. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a visitor of this Zoomty site or as a seeker or querist of opinion, advice or consultancy from the services of the Zoomty site or on account of non-payment of any dues in respect of the CHARGABLE services rendered under this Agreement then the exclusive jurisdiction to file law suits against you, being the user/member/querist, shall be in the courts at MUMBAI only.


Services

In order to use all the functionalities of Zoomty, you may get yourself registered as a member of the Site by providing your true and correct information as required in the registration process.

Zoomty can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to you OR by updating the modifications of the relevant clauses of this contract from time to time.

Services for the purpose of this Contract Agreement mean the Services to be provided by Zoomty to the User/ Member of Zoomty and shall inter-alia include the provision of following facilities:

1. Service to the Users/Members wishing to post their properties for the purpose of sale/rental, AND for Users/Members providing the property, services etc.

2. Service to the Users/Members who wishes to place a print advertisement in any of the publications through www.zoomty.com.

3. Service to the Users/Members who wishes to insert advertisements at www.zoomty.com or to the Users/Members who wishes to receive advertisements and promotional messages on and through emails. Hereinafter, all the above services shall collectively be referred to as Service(s).


Suspension of Services

If any amount payable by the Member to the Company is not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it, suspend the Service(s) provided to the Member.

When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by Zoomty.

Upon subsequent payment by the User/ Member of such monies as demanded by Zoomty, the Company may at its discretion and subject to such terms as it deems proper, restore the Service(s).

Zoomty may at its sole discretion from time to time offer you variety of features and facilities pertaining to the Service(s).


Property Posting Fees and Payment

The applicable ‘Rate for the Service(s)’ provided shall be such as mentioned in the ‘Post Property’ page or as may be prescribed by the Company from time to time.

All individual Members who access or post their properties on Zoomty for the purpose of buying property shall be exempted from the application of this clause.

All Members who are Builders and Agents would be allowed certain numbers of free postings of their properties, beyond which they are liable to pay the property ‘Posting Fees’ as per ‘Rate of Service(s)’ mentioned in the ‘Post Property’ page of the website, and liability for the Property Posting fees shall accrue from the date of such chargable posting.

Where property Posting fees accrues it shall be payable at or within such time as stated or informed by Zoomty to the Member.

The property Posting fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments etc into our Bank account.

The Services will be activated only on realization of the full payment.


Term & Termination

This Agreement will remain in full force and effect after you first use the Site and/or are a Member of Zoomty. Zoomty reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your membership at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the membership is cancelled or suspended, any data/content you may have stored/submitted to Zoomty may not be retrieved later. Refund of the fees, if any, shall be at the sole discretion of Zoomty and the same would decided on case to case basis on merits and would be subject to other terms of this Agreement. You understand that Zoomty may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of Zoomty.

Authority to submit information on Zoomty

Any information/content in relation to any property or otherwise shall be submitted by you only and only if you are: - Undisputed legal owner of said property or Legally valid Special Power of Attorney holder from the undisputed legal owner of said property to perform under this Contract or Holding any other legally valid authority document(s); or Otherwise legally authorized to submit such information. Zoomty is not responsible to any third party for any unauthorized postings by you.


Other terms of use by members

In case of content/data/information submitted by you to Zoomty, for availing the Services provided by Zoomty, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Zoomty reserves its rights to take all necessary action including cancellation of any or all your registrations with or without any notice to you in this regard without any refund of the fee.

Zoomty reserves the right to screen messages that you may send to others through Zoomty site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

In order to protect Zoomty and/or our Members from any abuse / misuse, Zoomty reserves the right to restrict the use of Zoomty by you for such period which Zoomty deems appropriate in its sole discretion. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with Zoomty and/or its Members.

Zoomty reserves the right to screen the content you may post and also regulated the same by deleting unwarranted/ obscene or any other content at any time at its sole discretion without prior notice to you.


Content posted on the site

You hereby confirm that:

The Content posted by you on the site does not infringe any third party's intellectual property or proprietary rights or rights of publicity or privacy;

The Content posted by you on the site does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority;

The Content posted by you on the site is not defamatory, libelous, pornographic or obscene.

The Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to Zoomty by law;

Zoomty may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Zoomty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zoomty has rights to suspend or terminate your account and refuse any and all current or future use of the Zoomty site and its services (or any portion thereof). Zoomty owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Zoomty Site and the Zoomty Service;

The Site contains the copyrighted material, trademarks, and other proprietary information of Zoomty, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Zoomty, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;

All lawful, legal and non-objectionable messages (in the sole discretion of Zoomty), content and/or other information, content or material that you post on the forum boards shall become the property of Zoomty. Zoomty reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;


Zoomty may delete any content, messages, photos or profiles (hereinafter collectively called "Content") that in the sole judgment of Zoomty violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Zoomty and/or its Members or any third party. - You are solely responsible for the Content that you publish, display or submit (hereinafter called "post") on Zoomty, or transmit to other Zoomty Members. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrapers, EXE's, CGI or any other programs/scripts to view and or collect information or content on or communicate / contact / respond / interact with other Members.

The discussion forum on the website is not for personal grievance and the same is also not a venue for resolution of personal dispute;

Zoomty reserves the right to verify the authenticity of Content posted on the site. In exercising this right, Zoomty may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence within prescribed time, Zoomty may, in its sole discretion, terminate your Membership without any refund and pull out your content from the Zoomty site;

By posting Content to any public area of Zoomty you represent and warrant that you have the right to grant, to Zoomty an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing;

You will use the Zoomty Service in a manner consistent with any and all applicable local, state, and federal laws and regulations;

The following is an indicative list of Content that is illegal or prohibited on the Site. Zoomty may investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions of these Agreement, including without limitation, removing the offending communication from the Zoomty site and terminating the Membership of such violators without a refund. It includes Contents that :-

Intellectual property policy

You will not post, distribute, or reproduce in any manner copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Zoomty Service in a way that constitutes copyright infringement, you will provide us with the following information.

a) A description of the copyrighted work that you claim has been infringed;

b) A description of where the material that you claim is infringing is located on the Site;

c) Your address, telephone number, and email address;

d) A written statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e) Where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right;

g) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

h) Zoomty's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the MUMBAI address located under the CONTACT US section on the website.

Member Dispute

You are solely responsible for your interactions with other Zoomty Members. Zoomty reserves the right, but has no obligation, to monitor disputes between you and other Members. Zoomty also reserves the right to take appropriate action against errant members. However, Zoomty is not obliged to share such action with other members, including complainants.

Privacy

Zoomty is concerned about the safety and privacy of all its users. The Zoomty Privacy Policy with a link on our Home Page governs use of the Zoomty Site and/or the Zoomty Service. Zoomty is not supposed to intentionally monitor or disclose any private e-mail message or address information unless required by any law, or order of court or any statutory authority. You agree to respect the privacy and confidentiality of others.

Prohibited Actions


Dealing with Advertisers

Zoomty does not endorse any advertiser or any of its products. Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Zoomty service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zoomty shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or advertisement on the Zoomty site.

Disclaimers

Limitation on liability

You expressly understand and agree that Zoomty and its subsidiaries, affiliates, officers, employees, agents, partners, promoters, directors and licensors shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zoomty has been advised of the possibility of such damages), resulting from:

a) The use or the inability to use the service.

b)The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Zoomty.

c) Unauthorized access to or alteration of your transmissions or data.

d) Statements or conduct of any third party on Zoomty.

e)Any other matter relating to the Zoomty services. - notwithstanding anything to the contrary contained herein, Zoomty’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Zoomty , for the service during the latest term of membership.


Disputes

Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 12 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the Zoomty you further agree that the laws of India will govern the disputed matter. You agree to the exclusive jurisdiction of the courts of MUMBAI, India.


Assignment

Zoomty may assign this contract to anybody with or without notice to you. You cannot assign this contract to anybody without getting prior written approval/consent of Zoomty. Any such transfer/assignment by you without getting approval of Zoomty shall be void.


Indemnity

You agree to indemnify and hold Zoomty, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Zoomty Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.


Notice

Any notice required to be given under this or in connection with this Contract, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by you once it is sent to your email id updated by you from time to time. You can send any notice to Zoomty by registered post address as mentioned in CONTACT US section and it shall be deemed as received by Zoomty only after actual receipt of such notice by Zoomty.


Confidentiality


Communication

By becoming a Member of the Site / Zoomty, you agree to receive certain specific emails from Zoomty. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from Zoomty and members of Zoomty as long as you are a registered member of Zoomty. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating the Services you have agreed to avail under this Agreement. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Zoomty service, contains the entire agreement between you and Zoomty regarding the use of the Site and/or the Service.

Others


Acknowledgment and Acceptance of Terms and Conditions