XXVIII.
Limitation of Liability
- User agrees that neither
Company 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 Company has been advised of the possibility of such damages.
User further agrees that Company 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
Company shall not be responsible or liable to user, or anyone, for the
statements or conduct of any third party of the service. In sum, in no
event shall Company's total liability to the User for all damages or/and
losses or/and causes of action exceed the amount paid by the User to
Company, if any, that is related to the cause of action.
- The Company takes no
responsibility/liability whatsoever for shortage or non-fulfillment of
the service/s on Company 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 Company for "Deficiency of
service" under The Consumer Protection Act or any other Act/Rules,
etc.
- Company 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.
- Company 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 arising out of the use of the UR Group website on your mobile
phone.
XXIX. Indemnity
User hereby releases and indemnify, or at its option and settle any third
party lawsuit or proceeding brought against the Company based upon or
otherwise any claim arising from the fact that the User Content, Site and/or
User features infringe any copyright, trade secret or trademark of such third
party and second, the Company's use of any User Content, provided that such
use complies with the requirements of the Agreement and third, the User's use
of the Services in any manner inconsistent with or in breach of the
Agreement; and/or fourth, any claim alleging facts that would constitute a
breach of User's representations and warranties made in this Agreement. Any
such claim/proceeding if made directly on the User shall promptly be
communicated to the Company by the User with all reasonable e information,
assistance and cooperation in defending the lawsuit or proceeding. The User
shall give the Company full control and sole authority over the defense and
settlement of such claim. The User may join in defense with counsel of its
choice at its own expense subject to the approval of the company. The User
unilaterally agree to indemnify and hold harmless, without objection, the
Company, its officers, directors, employees and agents from and against any
claims, actions and/or demands and/or liabilities and/or losses and/or
damages whatsoever arising from or resulting from their use of Buyolp.com or
their breach of the terms of this Agreement. Indemnification shall be
provided for any claim which shall arise and shall be limited to payment by
the e indemnifying party ("User") of all damages and costs finally
awarded for such claim, or settlement costs approved in writing by the
Indemnitor (Company).
XXX. Notice
- All notices shall be immediately
informed to the company through email to info@buyolp.com
XXXI. Non-exclusive Remedy
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.
XXXII. Waiver
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 endeavor 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.
XXXIII. Entire Agreement
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.
XXXIV. Governing Law 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 Buyolp.com is
governed by the laws of India and the User and Buyolp.com.com hereby
submit to the exclusive jurisdiction of the courts at Delhi, India
without regard to its conflict of law provisions.
XXXV. Acknowledgment and Acceptance of Terms and Conditions
The terms and conditions appearing here above consists of the entire
agreement between the Party/User (as defined above ) and the Company (as
defined above ) and replaces all previous arrangements/schedules between the
parties regarding the subject matter contained herein above. By completing
the registration process and/or checking the "I have read and accept the
Terms of Use" box, you are indicating your acceptance to the agreement
and to be bound by all of the terms and conditions of the Company as
appearing hereinabove.
It is our constant endeavor to make Buyolp.com an enjoyable and effective
experience for all our users. If you observe material or behaviour that may
violate one of the UR Group Terms & Conditions, please write to us. This
will go a long way in enhancing our service!
XXXVI. Privacy Policy
- Buyolp.com respects the privacy of its users and is committed to
its protection. to read
the Privacy Policy.
XXXXI.
Rent Agreement Disclaimer
- UR Group Realty Services
Limited shall hereinafter refer to as the "Company".
- "User" or
"Tenant" means a company, partnership, proprietorship or any
individual person who is searching for a property on rent and is
willingly submitting their information and details on Company's portal
in connection with the same.
- Company is an online portal
and acts only as a facilitator between the User/tenant and landlord and
does not act as an agent of any of the parties (User and landlord). The
transaction between the User and the Company is on principal to
principal basis.
- All confidential information
(including name, e-mail address, etc.) voluntarily revealed by the User
is done at the sole discretion and risk of the User. The user authorises
Company and any of its partners / vendors who may facilitate in the
process of procurement and creation of the rent agreement to contact
him/her via phone, email or WhatsApp. The use of User information is
subject to the terms of the Company's Privacy Policy. Users hereby agree
that the Company reserves the right to change these terms and conditions
at any point of time without notifying the User.
- The User in evaluating the
appropriate stamp duty for lease deed / rent agreement must seek
independent legal advice. The User is responsible for the execution of
any lease deed / rent agreement, payment of stamp duty and is obligated
to follow the applicable laws of the States in India where the property
is situated in connection with the same. Company is not providing any
opinion on the applicable laws on the lease deed / rent agreement, and
is not under any circumstances, directly or indirectly responsible or
liable for the advice and assistance provided by any third party
including lawyer and service provider to the User or to the landlord.
- Company is not, directly or
indirectly, selling stamp papers to any person but is only facilitating
the completion of the transaction
- Company has not verified or
have given any opinion as to the title of the owner of the property
and/or condition of the property and User has approached the Company
only after its own verification and due diligence as to the title of the
property and/or condition of the Property.
- User and landlord shall be
responsible for any tax/duty/liability from any concerned authority
related to the transaction between User / tenant and landlord, and the
User shall indemnify the Company in case of any liability occurring in
consequence of the same.
- Company shall not be held
responsible and cannot be a Party in case of any dispute between the
User/tenant and landlord and the User shall indemnify the Company for
any claim / liability on Company in consequence of any such dispute
between User and the landlord.
- Cancellation & Refunds:
Orders once placed cannot be cancelled/refunded. In rare instances of
the service not being fulfilled within a reasonable amount of time, the
Company shall assess on a case-to-case basis and provide the best
resolution possible, with no liability except refund of amount paid by the
User, if necessary.
XXXXII.
Home Loan
- User / customer hereby agree
to accept these terms and conditions and authorise UR Group (through its
representatives) and Lenders / Banks (through their representatives) to
contact the User (through call / phone, email, sms, other online mode,
display, notifications) if the User has clicked on 'Apply now'.
- UR Group could share User's
information with the Lenders / Banks and brokers/agents/builders to
contact the User to fulfill User's requirement and further process.
- All confidential information
(including name, mobile number e-mail address, property details etc.)
voluntarily revealed by the User is done at the sole discretion and risk
of the User. If such information, collected by the third party is
misused or results in unsolicited messages from such third parties, then
such actions are beyond the control and liability of UR Group and UR
Group accepts no responsibility or liability whatsoever for such
actions.
- UR Group could retain a copy
of information / details shared by the User in its system and such
information shall be subject to UR Group’s privacy policy as per the
prevailing laws and practice. User hereby agree that UR Group reserves
the right to change these terms and conditions at its sole discretion at
any point of time without notifying to the User.
- All the rate of
interests/EMI/tenures/fees/eligibility/offers etc. as shown on site of UR
Group are indicative only, and the actual rate of
interests/EMI/tenure/fee/eligibility/offers, etc. will depend on the
Lender's / Bank's assessment on Users' profile.
- The calculations shown in
calculators are approximate values and are only for self help and
planning and UR Group does not guarantee to the accuracy of the
calculations, whereas the actual eligibility, EMI, rate of interests,
payment schedule, offers etc. will depend on Lender's / Bank's
assessment of the applicants' profile.
- All the Lenders' / Banks'
related information have been gathered directly and/or from public
sources and is subject to change at any point of time without notice.
User shall be responsible to verify such information directly from the
Lenders / Banks and satisfy himself / herself / itself before entering
into any transaction.
- If the loan is not
sanctioned/approved and/or disbursed by the Lender / Banks to User even
after recommendation made by UR group based on the information/details
shared by the User, UR Group shall not be responsible or liable for the
same including refund of processing fee or any other payment, if paid by
the User to the Bank, as the sanction and disbursement of loan is
dependent on sole discretion of the Lender / Bank.
- Fulfillment services
including pick up from User the information / details / documents and
submit to the Bank are available only in selected cities and for
selected Users' profiles and such services can be changed, suspended, or
could be temporarily unavailable without notice.
- UR Group is neither providing
confirmation nor giving any guarantee to the sanction of loan or quality
of services to be rendered by the Lender / Bank.
- UR Group is not responsible
to mediate between User and the Lender / Bank in case of any dispute
between them and UR Group shall not be held responsible and cannot be a
Party in case of any dispute between the User and the Lender / Bank and
the User shall indemnify UR Group in case UR Group suffers any
loss/liability in consequence of any dispute between User and the Lender
/ Bank.
- These terms and conditions
are equally applicable to (i) home loans, (ii) loan against property,
and (iii) balance transfer of home loans and loan against property.
XXXXIII.
PG Fulfillment
- UR Group Services Limited
("Company") is an online portal and acts only as a connector
between the User and PG Owner and not acting as an agent of any of the
Party. The transaction between the User and the Company is on principal
to principal basis.
- User / Tenant hereby consents
and agrees to stay in the PG selected by him / her for a minimum period
of 3 months.
- All confidential information
(including name, e-mail address etc.) voluntarily revealed by the User
is done at the sole discretion and risk of the User. If such
information, collected by the 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 the Company and the
company accepts no responsibility or liability whatsoever for such
actions.
- Company is not responsible
and not providing confirmation to the quality of PG and Services to be
rendered by PG Owner, and accordingly, the User shall ensure and satisfy
himself/ herself based on the physical verification and direct
discussion and assurances as may be given by the PG Owner.
- Company is not responsible to
mediate between User and PG Owner for setting out the terms and
conditions of the rent agreement as to be executed between the User and
PG Owner.
- Company has not verified or
have given any opinion as to the title of the owner of the property
and/or condition of the property and User/Customer should proceed
further only after its own verification and due diligence as to the
title of the property and/or condition of the Property.
- Company shall not be held
responsible and cannot be a Party in case of any dispute between the
User and PG Owner and the User/Customer shall indemnify the Company in
case the Company suffer any loss/liability in this regard.
- Company will not be
responsible in case of any issues/discrepancies with the Services
provided by PG Owner or any Lawyer or any other service provider.
- User / PG Owner shall be
responsible for any tax/duty/liability from any concerned authority
related to the transaction and the user/customer shall indemnify the
Company in case the Company suffers any loss/liability in this regard.
- Company shall reserve the
exclusive right to cancel the booking, cancellation charges payable to
the User shall be at the applicable rates laid down in the cancellation
and refund policy.
- User hereby agrees that the
Company reserves the right to change these terms and conditions at any
point of time without notifying the User.
XXXXIV.
Tenant Verification
- UR Group Services Limited
shall hereinafter refer to as the "Company".
- "Service Provider"
means a company, partnership, proprietorship or any individual person
engaged in the business of providing tenant verification services and
has agreed to provide such services to the User (defined in the
following clause) based on the details of the User provided to it by the
Company.
- "User" means a
company, partnership, proprietorship or any individual person who is
purchasing the services of a Service Provider for tenant verification
services on Company's portal and is willingly submitting their or their
tenant's information to the Service Provider in connection with the
same.
- Company is an online portal
and acts only as a connector between the User and Service Provider for
tenant verification services and does not act as an agent of any of the
parties (User and Service Provider"). The transaction between the
User and the Company is on principal to principal basis.
- All confidential information
(including name, e-mail address etc.) voluntarily revealed by the User
is done at the sole discretion and risk of the User. User agrees for the
Service Provider or their representatives to contact the User via phone,
email or Whatsapp. Use of User's information is subject to the terms of
Company's Privacy Policy. User hereby agrees that the Company reserves
the right to change these terms and conditions at any point of time
without notifying to the User.
- Company carefully screens its
Service Providers and on boards only those who have an impeccable
service record in the industry. The Company continues and will continue
to take utmost care in on-boarding Service Providers; however, Company
can't be held liable for any service quality guarantees.
- User shall ensure and satisfy
themselves to the information / report received from Service Provider
and if there are any issues or shortcoming in such information / report,
the User can address it directly with the Service Provider, and the
Company shall also make best efforts to resolve the User concerns.
However, the final responsibility to addressing these concerns rests
with the Service Provider shall initiate direct discussion and get the
services performed by the Service Provider as per User's requirement.
Company is not responsible to mediate between User and the Service
Provider for the quality and performance of services. However, wherever
possible, the Company will make its best effort to get the issue
resolved. Company's endeavor is to offer a great experience for the
User. However, due to the nature of the services advertised, the Company
cannot be held liable for any quality grievances.
- Consent of tenant is required
to facilitate the verification. Company is not responsible to get
consent from the tenant for initiating the service.
- Company is neither verifying
nor giving any opinion on the character or credibility of the tenant.
The Company is only facilitating the tenant verification service through
a Service Provider.
- Company shall not be held
responsible and cannot be a Party in case of any dispute between the
User and the Service Provider and the User shall indemnify the Company
for any claim / liability on Company in consequence of any such dispute
between User and the Service Provider.
- Cancellation and Refunds Policy
- Tenant
verification package is valid for 90 days only. The User can contact
the Company at any time during this tenure through the details received
in the order confirmation email for consumption of the package.
- Any
cancellation request shall be eligible for 100% refund to the User from
the Company, if made (i) prior to the sharing of tenant details by the
User with the Company, and (ii) within 30 days from the date of
purchase of a package by the User.
- Any
cancellation request shall not be eligible for any refund to the User
from the Company, if made (i) after sharing of tenant details by the
User with the Company, and (ii) after 30 days from the date of purchase
of a package by the User.
- In rare
instances when the service may not be provided within a reasonable time
or there being obvious lapses in the quality of service delivery, the
Company will assess the case and provide the best possible resolution,
with no liability except refund of amount paid by the User, if
necessary.
XXXXVI.
Property Inspection
- UR Group Services Limited
shall hereinafter refer to as the "Company".
- "Service Provider"
means a company, partnership, proprietorship or any individual person
engaged in the business of providing property inspection services and
has agreed to provide such services to the User (defined in the
following clause) based on the details of the User provided to it by the
Company.
- "User" means a
company, partnership, proprietorship or any individual person who is
purchasing the services of a Service Provider for property inspection
services on Company's portal and is willingly submitting their
information and details on Company's portal in connection with the same.
- Company is an online portal
and acts only as a connector between the User and Service Provider for
property inspection services and does not act as an agent of any of the
parties (User and Service Provider"). The transaction between the
User and the Company is on principal to principal basis.
- All confidential information
(including name, e-mail address, property address etc.) voluntarily
revealed by the User is done at the sole discretion and risk of the
User. User agrees for the Service Provider or their representatives to
contact the User via phone, email or WhatsApp. Use of User's information
is subject to the terms of Company's Privacy Policy. User hereby agrees
that the Company reserves the right to change these terms and conditions
at any point of time without notifying the User.
- Company carefully screens its
Service Providers and on boards only those who have an impeccable
service record in the industry. The Company continues and will continue
to take utmost care in on-boarding Service Providers; however, Company
can't be held liable for any service quality guarantees.
- User shall ensure to satisfy
themselves with the information / report received from Service Provider.
If there are any issues or shortcoming in such information / report, the
User can address it directly with the Service Provider, and the Company
shall also make best efforts to resolve the User concerns. However, the
final responsibility to addressing these concerns rests with the Service
Provider. Company's endeavor is to offer a great experience for the
User. However, due to the nature of the services advertised, the Company
cannot be held liable for any quality grievances.
- Company shall not be held
responsible and cannot be a Party in case of any dispute between the
User and the Service Provider and the User shall indemnify the Company
for any claim / liability on Company in consequence of any such dispute
between User and the Service Provider.
- Cancellation and Refunds
policy
i. Any cancellations or rescheduling made 48 hours (two days) or earlier
prior to the date of service day shall be eligible for 100% refund to
the User from the Company.
ii. Any cancellation or rescheduling made within 24 hours (one day)
prior to the date of service (excluding the day of service) shall be
eligible for 50% refund to the User from the Company.
iii. Any cancellations made on the day of the visit or after the visit
has been concluded or report has been shared will not be eligible for
any refund to the User from the Company.
iv. In rare instances of the service not being fulfilled within a
reasonable amount of time or there being obvious lapses in the service
delivery quality, the Company will assess the case and provide the best
resolution possible, with no liability except refund of amount paid by
the User, if necessary.
XXXXVIII.
Pay Rent
- UR Group Services
Limited ("Company") is an online portal and
acts only as a facilitator between tenant and landlord and does not act
as an agent of any of the party (User/tenant and Landlord). The
transaction between the User and the Company is on principal to
principal basis.
- "User" or
"Tenant" means a Company, Partnership, Proprietorship or any
Individual who is willing to pay rent to its landlord for the rented
premises using the Company's portal.
- Use of User's information is
subject to the terms of Company's Privacy Policy. User must agree to the
Privacy Policy before access to the website / portal of the Company. User
hereby agrees that the Company reserves the right to change these terms
and conditions at any point of time without notifying the User.
- All confidential information
(including name, credit/debit card details, e-mail address etc.)
voluntarily submitted by the User is done at the sole discretion and
risk of the User. If such information, collected by the third party is
misused or results in unsolicited messages from such third parties, then
such actions are beyond the control and liability of the Company and the
Company accepts no responsibility or liability for such actions.
- The User declares that the
use of this Service is done by them only for the purpose of rental
payment as per the information provided for the said landlord / premises
with a bonafide rental agreement, and any falsification of information
or misuse of this service for any purpose may attract liabilities /
prosecution under applicable laws.
- Company wishes to advise the
User to not disclose their credit card information / expiry date / CVV /
OTP details to any person; the Company never seeks such information from
the "User" except through automated and secure payment
methods, and the Company shall not be liable for any such disclosure
made by the "User" to anyone even they claim to belong to the
Company.
- User shall be responsible to
check and verify the landlord's details including name, mobile number
etc. before making payment of rent on Company's portal.
- Company shall not be held
responsible for refund in any case whether wrong details of landlord
selected by User or wrong details filled and submitted by User while
making payment of rent on Company's portal.
- User shall be solely
responsible for genuineness of credit / debit cards details while making
payment of rent on Company's portal and in case of any fraud or fake credit
/ debit card used by User on Company's portal, the User shall be solely
responsible and liable for the same and the User shall indemnify the
Company in case of any claim, loss or liability occurs in consequence of
the same.
- Company shall not be held
responsible or made a party to any dispute between the parties
(User/tenant and landlord).
- User shall indemnify the
Company in case the Company is made a party to the dispute between
User/tenant and landlord or incurred any loss/liability in consequence of
the same.
- User shall be responsible to
save and keep safe the receipt of payment of rent made by the User on
Company's portal.
XXXXIX.
Legal Services
- UR Group Services
Limited ("Company") is an online portal and
acts only as a connector / facilitator between the "User" and
the "Service Provider" (defined in the following clauses) for
Legal Services and does not act as an agent of any of the parties. The
transaction between the User and the Company is on principal to
principal basis.
- "Service Provider" means
a company, partnership, proprietorship or any individual person engaged
in the business of providing Legal Services and has agreed to provide
such services to the User based on the details of the User provided to
the Service Provider by the Company. However, the Service Provider is an
independent service provider and is not an agent/employee of the Company
and/or directly or indirectly related to the Company.
- "User" means an
individual, company, partnership or proprietorship who is purchasing the
Legal Services on Company's portal which will be provided by the Service
Provider and is willingly submitting their information and details on
Company's portal in connection with the same.
- All confidential information
(including name, e-mail address, property address etc.) voluntarily
revealed by the User is done at the sole discretion and risk of the
User. User agrees for the Service Provider or their representatives to
contact the User via phone, email or WhatsApp. Use of User's information
is subject to the terms of Company's Privacy Policy. User hereby agrees
that the Company reserves the right to change these terms and conditions
at any point of time without notifying the User.
- Company carefully screens its
Service Providers and onboards only those who have an impeccable service
record in the industry. Company continues and will continue to take
utmost care in on-boarding Service Providers and monitoring their
service quality as per the agreed terms; however, Company cannot be
directly held liable for any service quality guarantees.
- User shall ensure to satisfy
themselves with the information / report received from Service Provider
in connection with the Legal Services purchased on the Company's portal.
If there are any issues or shortcoming in such information / report, the
User can address it directly with the Service Provider, and the Company
shall also make best efforts to resolve the User concerns. However, the
final responsibility to addressing these concerns rests with the Service
Provider. Company's endeavor is to offer a great experience for the
User. However, due to the nature of the services advertised, the Company
cannot be directly held liable for any quality grievances.
- Company shall not be held
responsible and cannot be a Party in case of any dispute between the
User and the Service Provider and the User shall indemnify the Company
for any claim / liability on Company in consequence of any such dispute
between User and the Service Provider.
- User agrees to the company's
Privacy Policy by purchasing the desired package/service from the
Service Provider of his choice on the Company's portal. Users hereby
agree that the Company reserves the right to change these terms and
conditions at any point of time without notifying the User.
- Cancellation and Refunds policy
- Any
cancellations made by the User prior to the start of verification
service, where partial/some of the documentation/ information (as
required by the Service Provider for providing legal services) is
provided, shall be eligible for 50% refund.
- Any
cancellation made by the User prior to the start of verification
service, where none of the documentation/ information (as required by
the Service Provider for providing legal services) has been provided,
shall be eligible for 100% refund.
- Any cancellation
made by the User where all documentation/ information (as required by
the Service Provider for providing legal services) has been provided,
shall not be eligible for any refund.
- In rare
instances of the service not being fulfilled within a reasonable amount
of time or there being obvious lapses in the service delivery quality,
the Company will assess the case and provide the best resolution
possible, with no liability except
refund of amount paid by the User, if necessary.
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