Terms and Conditions

It is required to read and recognize the information contained in this document. By accessing or using Keralarealestate.com, you agree to be bound by the terms and conditions set forth below. If you do not agree with any of these terms and conditions, you should not access or use Keralarealestate.com. If you have any questions about these terms, don’t hesitate to reach out us via seo@keralarealestate.com

Overview

This website www.keralarealestate.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 "Keralarealestate.com") is owned, hosted and operated by Realplus Dot Com Private Limited (hereinafter referred to as RPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at 38/219, NH Bypass, Edappally, Kerala - 682024. These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between Keralarealestate.com and the User (the “Agreement”).

Keralarealestate.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 and conditions set forth below.

RPL may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Keralarealestate.com. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Keralarealestate.com, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. RPL may also suspend the operation of Keralarealestate.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

Access and utilization of this Service require you to represent and warrant that you are at least 18 years of the age and possess the capacity to agree to these Terms. Minors may use the Service only with parental/guardian involvement and guidance.

If you utilize/exploit Keralarealestate.com in a manner inconsistent with these terms and conditions, RPL may take action, up to and including termination of your access, prohibition of future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Definitions

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Keralarealestate.com (whether on a paid or free basis), and to whom the access to Keralarealestate.com is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Keralarealestate.com or chosen by the Subscriber or agreed upon by Keralarealestate.com. It is made abundantly clear that only the authorized User has the right to access the Services so offered by Keralarealestate.com.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Keralarealestate.com, without the need or a requirement to create an account i.e. visits non-restricted portions of Keralarealestate.com.

The use and access to Keralarealestate.com shall be subject to these terms and conditions 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 and conditions regulating the usage of Keralarealestate.com , and expressly so with respect to respecting the intellectual property rights of the RPL, and abiding by terms and conditions 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 Keralarealestate.com on the internet through which the user may access information carried by Keralarealestate.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 Keralarealestate.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 as amended read with any rules or regulations that might be framed thereunder.

Advertisements Listing Submission

User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to Keralarealestate.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 Keralarealestate.com . Similarly, Keralarealestate.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 Keralarealestate.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 Keralarealestate.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 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, RPL 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. RPL, 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, RPL 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 and conditions. RPL will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. 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 Keralarealestate.com website. RPL shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on Keralarealestate.com and RPL shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. 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; as defined within the property documentation.
(b) That the User will not permit the posting of a property on Keralarealestate.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;
RPL shall place the information relating to properties at defined sections of Keralarealestate.com or such other mirror or parallel site(s). RPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the on Keralarealestate.com without notice. RPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While RPL 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 Keralarealestate.com. Users, who are buying/renting property/properties through Keralarealestate.com must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.

Payment Terms

Payments for the Services offered by Keralarealestate.com shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of RPL. RPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that RPL/Keralarealestate.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to RPL under any other agreement or commercial relationship towards other products/services. RPL gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. RPL undertakes no liability for free Services. RPL reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

RPL uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, RPL does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by RPL, once a credit card transaction has been completed, the payment information is not accessible to anyone at RPL after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.

RPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Refund in failed transactions

RPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Keralarealestate.com.

Video Community Guidelines

User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:

• Video should be original, free from any copyright issue

• Video should not contain any personally identifiable information of the User/Agency

• Video content should not be obscene/inappropriate

• Video should not contain language which is detrimental to any community/segment

Video Content Screening

Videos shared by user should 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:

• User reporting the video to toll free/email ids

• Infringement claim by agent/user

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. Users shall have the option to edit or remove videos during the course of the listing duration.

Keralarealestate.com shall utilize 3rd party services such as Youtube 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.

Use of Information

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 Keralarealestate.com. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Keralarealestate.com. Keralarealestate.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.

Restrictions/Prohibitions

1. The following actions will inter alia constitute a misuse of Keralarealestate.com and are strictly prohibited:

a. Utilizing the Services offered by Keralarealestate.com in any manner so as to impair the interests and functioning of RPL/Keralarealestate.com and which is non-compliant with laws and regulations including RERDA.

b. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on Keralarealestate.com and/or any services or products of RPL, in any manner or for any purpose which is not, consistent with in accordance with the Terms of Use.

c. Users are expressly prohibited from using or exploiting Keralarealestate.com and/or any content or data provided therein for:

Any commercial purposes such as creating alternate databases, extending access to Keralarealestate.com to third parties without prior written consent of the RPL using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from Keralarealestate.com;

d. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of Keralarealestate.com or any of the services or products offered on or through Keralarealestate.com which are not intended for you; (b) any server, website, program or computer systems of the RPL or any other third parties and/or Users;

e. Modifying the services provided through Keralarealestate.com or their appearance using any technology or overlay any additional offering on top of such services or simulate Keralarealestate.com's services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at seo@keralarealestate.com.

f. Accessing Keralarealestate.com through interfaces other than those expressly provided by RPL;

g. Attempting to breach or breaching any security or authentication measures set up by the RPL in relation to Keralarealestate.com

h. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from Keralarealestate.com (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the RPL;

i. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;

j. Circumventing or attempting to circumvent any technological protections used or employed by the RPL or by any third party in order to protect the content on Keralarealestate.com and/or to exclude robots, spiders etc. from crawling and /or scraping content from Keralarealestate.com

k. Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers

l. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of Keralarealestate.com or any computer networks connected to Keralarealestate.com, by any other User;

m. Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from Keralarealestate.com without explicit consent obtained in writing by approach us at seo@keralarealestate.com

n. Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;

o. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;

p. Stalking, threatening, or in any manner harassing any other User;

q. Imposing an unreasonable or disproportionately large load on Keralarealestate.com infrastructure;

r. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of Keralarealestate.com (or any part thereof) and providing deep links into Keralarealestate.com (or any part thereof) without prior permission

s. Spamming Keralarealestate.com or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

t. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

• Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;

• Belongs to another person and to which you have no right;

• Infringes, breaches or otherwise contravenes the rights of the RPL or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;

• Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of Keralarealestate.com , or any other computer system or resource;

• Is grossly harmful, harassing, invasive of another's privacy including bodily privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing basis of gender, libelous, blasphemous, vulgar, pornographic, pedophilic, obscene, or racially, ethnically, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever;

• Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;

• That deceives or misleads the addressee about the origin of such messages or communicates any Misinformation or information which is grossly offensive or menacing in nature;

• That harms minors in any way;

• That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation.

You hereby expressly agree not to:

1. Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Keralarealestate.com to any other system. No reproduction of any part of Keralarealestate.com may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Keralarealestate.com, whether in hard copy or electronic format, including postings to any other Keralarealestate.com; or

2. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Keralarealestate.com or link to Keralarealestate.com, without our express written consent.

Violations of system or network security may result in civil or criminal liability.

Links to third party websites

Keralarealestate.com may provide links to other third-party World Wide Web sites or resources. RPL makes no representations whatsoever about any other website you may access through Keralarealestate.com.

Disclaimer and warranties

Keralarealestate.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

The content of keralarealestate.com is provided "as is" and on an "as available" basis, without warranties or representations of any kind, either express or implied.

RPL 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 Keralarealestate.com

Views expressed by the Users are their own, RPL 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. RPL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

RPL 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 RPL / Keralarealestate.com are solely for the purposes of display of the property advertised.