Terms of use
Last updated on 13-05-2021.
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website domain, www.zapkey.com (“Website”), and the [brand/ product/ trademark] Zapkey is owned and operated by Zapkey Technologies Private Limited (“We”, “Us”, “Company” or “Our”, which shall mean and include its parent company, affiliates, successors and permitted assigns).
Your (“User”, “You” or “Your”, which shall mean and include, where the context so requires, your legal heirs and representatives) use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including all policies which are incorporated herein by way of reference. These Terms of Use shall be enforceable against You in a the same manner as any other written agreement.
ACCESSING, BROWSING, AVAILING THE SERVICES PROVIDED BY THE WEBSITE OR OTHERWISE USING THE WEBSITE INDICATES YOUR ACCEPTANCE TO ALL THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE WITH THE SAME, PLEASE DO NOT USE THIS WEBSITE.
1. About Us
The Company is, inter alia, engaged in the business of providing data services in relation to all kinds of real estate properties in India through the Website.
2. Acceptance of Terms and General Use
2.1 By using this Website, You agree to comply with all of the terms and conditions herein and are You agree to be bound by these Terms of Use.
2.2 You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms of Use and that you agree to be bound by the following terms and conditions. While individuals under the age of eighteen (18) years may utilize the Website, they shall do so only with the involvement and guidance of their parents and / or legal guardians, under such parent /legal guardian's registered account with the Website. You agree to register prior to accessing/ downloading/ uploading any content and / or comment and any other use or services of this Website and provide your details including but not limited to complete name, age, email address, residential address, and contact phone number.
2.3 The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, services, hours of availability, and equipment needed for access or use. You are therefore advised to keep yourself updated with these Terms of Use when availing the services provided.
3. Website as a Platform and Services to be Provided
3.1 This Website is a platform for reference and communication between the Company and the Users with respect to publicly available documents and information pertaining to real estate buildings and properties in the territory of India that is collected, aggregated and organised from third party sources including government authorities on an “as-is” and “as-available” basis and presented in a more easily accessible form without any modification/ amendment to the original data, without any warranties or representations of any kind.
3.2 This Website provides brokerage services to Users by listing various properties situated in India for sale, which can be browsed by Users intending to purchase or sell such properties. The properties listed are those of the Company’s clients / customers or clients of brokers who are Company’s clients. While our clients/customers have given their consent for posting their properties on the Website, in case if a property is listed through a broker who is Company’s client, it will be assumed that the broker has been given the consent by its client / customer for posting the properties of such clients / customers for sale on the Website. The consent from our clients / customers can be withdrawn and the property listed for sale may be made unavailable at anytime. For some of the properties listed on this Website for sale, this Website also provides property valuation reports, inspection reports, displays 3D interior model of such properties, provides basic ownership documents pertaining to such properties and provides assistance to Users for availing bank loans for purchasing such properties. In the event if any property listed on the Website is sold through Zapkey or through any broker registered on Zapkey or if any purchaser purchases the property listed on the Website through Zapkey or through any broker registered on Zapkey, such seller and purchaser shall pay brokerage fees as determined by Zapkey. Services such as valuation reports of property, inspection reports of properties, 3D interior model of properties and assistance to Users for availing bank loans for purchasing properties shall be provided either by Zapkey or by their partner entities, at their sole discretion, on a case-to-case basis. Zapkey may charge service fee for providing services such as valuation reports of property, inspection reports of properties, 3D interior model of properties, etc. at such rate as may be determined by Zapkey.
3.3 Valuation Services: In order to avail the valuation services, You shall submit the details of the property which you intend to sell by filling out the questionnaire prompted after the acceptance of the terms. After the submission of questionnaire, Zapkey, at its sole discretion, may provide the valuation report of your property to You. If you submit the details of the property to us for availing the valuation services, it will be assumed that you have given us the consent for posting such property for sale on the Website. The valuation report shall be non-binding and indicative valuation only and shall not be deemed to be a proposal or offer under the Indian Contract Act, 1872.
3.4 Inspection: At your request, Zapkey or its agents or affiliates may, at their sole discretion, conduct a detailed inspection of the property which shall include a structural inspection and any other investigation that it deems fit. Your submission of the questionnaire shall constitute your no objection to Zapkey conducting these inspections and any act incidental to the conduct of such investigation including but not limited to the entry of Zapkey’s employees or agents upon the property for conducting an inspection. For the purpose of entering the property in order to conduct a physical inspection, prior notice shall be given to You by Zapkey or its agents. After the conducting of the investigation, Zapkey or its agents shall issue a report providing the details of repair work required to be carried out in the property and approximate estimate for such reparation work. Estimate for repair work as provided by Zapkey shall be as based on the costing as on date of such report and may change in future. The inspection report shall be made available to interested purchasers at request. By permitting Zapkey to carry out inspection, you also authorise them to post these reports on the Website or to share the inspection report with prospective purchasers.
3.5 3D Interior Model of the Property: At your request, Zapkey or its agents or employees may, at their sole discretion, be taking photographs and videos of the property and measure the area of the property through architect partner affiliated with Zapkey. Thereafter, Zapkey shall get prepared a 3D interior model of such properties which will be displayed on the Website. Zapkey or its affiliated architects may also provide approximate estimate for renovating the property to make it similar to the 3D interior model, as provided on the Website. The estimate for such renovation works as provided by Zapkey or its architects shall be as based on the costing as on date of preparing such model and may change in future. By permitting Zapkey to prepare 3D Model of your property, you also authorise them to post these images on the Website and share it with prospective purchasers.
3.6 Listing of the Property: Zapkey retains the right to refuse to list any property at its sole discretion without assigning any reason. No reason for such refusal can be demanded from Zapkey as a right. Along with buyer expectation, Zapkey shall list the property on the Website for sale showing fair value of the property based on the valuation report provided to the owner of the property. In the event a User who is not an owner of the property submits a property for listing on the Website, it shall be deemed that such a User has received all such permission and authorization from the owner of the property.
3.7 Home Loans: Zapkey is neither a bank, nor NBFC nor money lender and has no permission or authority to provide any kind of lending or financial services. However, Zapkey has contacted with certain banks / financial institutions who can give loans for purchasing the properties listed on the Website.
For the purpose of assisting You in obtaining home loans through associated banks / financial institutions, Zapkey may share Your information with banks/financial institution. If You are interested in availing such home loans from Zapkey associated bank / financial institutions, You hereby give your consent to Zapkey in sharing Your details with such banks/financial institutions.
The disbursement of the loan shall be at the sole discretion of the banks/financial institution and Zapkey shall not be held liable or responsible for any loss or injury caused by You in the event such banks/financial institution fails to sanction/disburse the loan to you.
3.8 The services that are offered to be provided on this Website shall be either provided by the Company or its affiliates or third-party service providers in association with the Company (“Partners”). If you have approached Zapkey for listing property for sale on the Website, You hereby give your consent to Zapkey to share your property details with its Partners.
3.9 Other than the publicly available documents and information that the Company has obtained from government authorities in compliance with the applicable laws in India, and the details of the Users and the properties listed on the Website by the Company, all other information, data, text, software, photographs, images, graphics, organization, layout, design, and other content contained on or provided through this Website (collectively, the "Content") are proprietary of Zapkey, and the same are protected by copyright and other Indian and international intellectual property rights, laws and treaties. The Content includes proprietary databases (the "Database") of information relating to real estate, which, by way of example, include information, text, photographic and other images, 3D Models, Inspection reports, and data contained therein (collectively, the "Information") and the proprietary algorithm, organization and structures for categorizing, sorting and displaying such Information, and the related software ("Software"). The Website, Content, Database, Information, Software and any portion of the foregoing, including any derivatives, adaptations, successors, updates or modifications provided thereto (where permitted) and any information derived from the use of the Database, including as a result of the verification of any portion of the Information, are collectively referred to herein as the "Zapkey Data".
3.10 The Company 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) and/or the User's access to the Website without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Terms and Conditions, the Company 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 Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
4. Permitted Usage and Account
4.1 To access the Zapkey Data or avail any kind of services on the Website, Users are required to register, create an account (“Account”) and then log in to the Website. Users can also log in to the Website using their account with certain third party social networking services, such as Google or Facebook. Alternatively you can register by creating a profile on the Website with a username (Your e-mail ID), mobile number and password (“Log In Details”).
4.2 As and where provided in the Website, certain portions of the Zapkey Data and services will be made available to a registered User only upon payment of a specified fee.
4.3 You shall be responsible for maintaining the confidentiality and security of the Log In Details and for all activities that occur in and through Your Account. You shall ensure that the Account Information is true, complete, accurate and up-to-date at all times. You agree to electronically receive all notices, information, promotion material and any other data pertaining to Us to the e-mail address provided in your Account. You also understand and agree that We may send you additional e-mails regarding our other products and services including any promotional e-mails of third-party products and services.
4.4 A User will have the ability to disable the connection between the Account and their social networking services account at any time, by accessing the "Settings" section of their Account. Additionally, If You wish to terminate Your Account, You may send an e-mail to Us at support@zapkey.com requesting the same. Similarly, We may, in Our discretion, suspend or terminate Your Account for various reasons including, if:
- You violate any of the Account terms listed above;
- You breach any of the provisions of the Terms of Use or other Website policies;
- There is prolonged inactivity in Your Account;
- You repeatedly upload content that infringes other people’s intellectual property rights or transact in goods with no title over such goods; or
- If We receive a report abuse report regarding Your Account from the other Users.
4.5 The Company shall not be responsible for any illegal or any unauthorised use of Your Account and shall have no obligation whatsoever to inform you in the event of an unauthorised use of Your Account using Your Log In Details. A User will maintain the confidentiality of his Log In Details and must not share his Log In Details with any other person, nor may a User allow any other person to use or have access to his Log In Details. You agree to notify support@zapkey.com immediately of any unauthorized use of any Log In Details or other breach of security.
4.6 Unauthorized attempts to: defeat or circumvent Log In Details or other security features, use the Website or the Zapkey Data for other than intended purposes, or obtain, alter, damage or destroy information or otherwise to interfere with the system of its operation are not permitted and may result in a loss of access to the Zapkey Data. Evidence of such acts may also be disclosed to law enforcement authorities and result in criminal prosecution under the laws of India or such other jurisdictions as may apply.
5. Licence
5.1 Subject to Your compliance with the Terms of Use, We grant all Users a personal, non-exclusive, non-transferable, revocable, limited licence to enter into the Website and access the Zapkey Data.
5.2 You acknowledge and agree that Zapkey may interrupt, terminate, discontinue, or block your access to the Zapkey Data or portions thereof at any time, subject to these Terms of Use. Zapkey reserves the right to terminate or suspend your use of Zapkey Data upon a good faith determination of a violation of the Terms of Use.
6. Prohibited Use and Confidentiality
The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the purposes, including but not limited to, the following and You shall also not do or cause to do any of the following:
6.1 Copying, reproducing, duplicating, creating replicas, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted Zapkey Data contained on the Website, in whole or in part, without Our prior written consent, or
6.2 Licensing, sub-licensing, selling, assigning, transferring, distributing, permitting concurrent use of, or granting other rights in any Zapkey Data provided on the Website to any third party, or
6.3 Download any Zapkey Data unless You see a ‘download’ or similar link displayed on the Website by reference, or
6.4 Using any robot, spider or any other data mining technology or automatic or manual process to monitor, merge, decompile, disassemble, scrape, translate, decode, reverse engineer, cache, extract data from, copy or distribute the Content on the Website (except as may be a result of standard Internet browser or search engine), or
6.5 Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company without express written consent. User may not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company, or
6.6 Access or use any portion of the Zapkey Data if you are a direct or indirect competitor of Zapkey, nor shall you provide, disclose or transmit any portion of the Zapkey Data to any direct or indirect competitor of Zapkey (by way of example, a "direct or indirect competitor" of Zapkey includes, but is not limited to, Internet listing services or other real estate information services and employees, brokers, independent contractors and agents of such services) unless You have a specific written consent from Zapkey to perform such activities, or
6.7 Use or distribute any information from the Zapkey Data, including information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product, or
6.8 Use, reproduce, publish or compile any portion of the Zapkey Data for the purpose of selling or licensing any portion of the Zapkey Data or making any portion of the Zapkey Data publicly available.
6.9 Store, copy or export any portion of the Zapkey Data into any database or other software, except as expressly set forth in the permitted usage above.
6.10 Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the Zapkey Data, or use any portion of this Zapkey Data in a manner, that:
- is unlawful, threatening, abusive, harmful, libellous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any applicable laws, intentionally or unintentionally, or is otherwise objectionable; or
- infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or
- constitutes unlawful advertising or fraudulent, unfair or deceptive practices, "spam," or any other form of unlawful solicitation in India or any other jurisdiction, with limited exceptions as may be granted by the Company in writing; or
- contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the Zapkey Data or servers or networks connected thereto or the activities of other users of the Zapkey Data or of any computer software or hardware or telecommunications equipment.
6.11 Impersonate any person or entity, or falsely state or otherwise misrepresent any registration information, or otherwise disguise the origin of any information, data, text, software, photographs, images, graphics, or other content posted on or transmitted through the Zapkey Data; or
6.12 Use any portion of the Zapkey Data to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable spam or privacy laws; or
6.13 Misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other materials that are malicious or technologically harmful (“Viruses”). You must not attempt to gain unauthorized access to Our Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack.
We will not be liable for any loss or damage caused by a denial-of-service attack or Viruses that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any Material posted on it, or on any website linked to it.
You agree to immediately report to Us all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.
6.14 You shall not reveal, and shall use reasonable efforts to ensure that you shall not disclose any information available on this Website to unregistered Users or provided to you by Zapkey, to any Third Party any confidential information without the prior written consent of Zapkey. This requirement shall not apply to:
- disclosure of information that is or comes into the public domain or becomes generally available to the public other than through your act or omission;
- disclosure of information, after giving prior notice to Zapkey to the extent practicable under the circumstances and subject to any practicable arrangements to protect confidentiality, to the extent required under applicable laws or governmental regulations;
- disclosure of information acquired independently by you from a third-party source not obligated to Zapkey;
- disclosure of information already known or already in the lawful possession of the you receiving on the date of disclosure being made by you;
6.15 By breaching the provisions of this Clause 6, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
7. User Agreement
User agrees to the following:
7.1 User will use the Website for lawful purposes only and in accordance with permitted usage and comply with all applicable laws and regulations while using and transacting on the Website including obtaining such corporate, statutory or other approvals, consents and permissions as required to transact on the Website.
7.2 All information provided by You either while registering on the Website, or at any other point in time on the Website, shall be authentic and true to the best of Your knowledge. If Your information needs to be updated, You agree to do so by informing Zapkey at support@zapkey.com. The Company reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation User details are found not to be true (wholly or partly), the Company has the right in its sole discretion to reject the registration and debar the User from using the Website, without prior intimation whatsoever, and in such event, Zapkey’s obligations under this Agreement shall be null and void.
7.3 All information provided by You shall be retained by the Website for a time period that it deems necessary.
7.4 User shall access the Website and transact at User’s sole risk and are using the User’s best and prudent judgment before entering into any transaction through this Website.
7.5 You agree to be contacted inter alia by call, message, email by Zapkey with respect to Your visit on the Website.
7.6 Zapkey shall never share any information given by You to any person other than a person who is a Partner, prospective purchaser or broker or a bank / financial institution for providing loans.
7.7 Unless You are a broker who intends to list property of a potential seller for sale on the Website or who intends to assist a potential purchaser in purchasing property listed on the Website, under no circumstance shall You contact the owner of any property listed on the Website, or a prospective purchaser registered on the Website without the prior written consent of Zapkey. All communication between You and the owner or purchaser, as the case may be shall be through Zapkey.
7.8 Services that are offered on the Website shall be provided by Zapkey to You at its sole discretion. Zapkey reserves the right to refuse its services to any person it deems unfit. Whether or not a person is unfit shall be at the sole discretion of Zapkey and no explanation can be demanded as a matter of right from Zapkey.
8. User undertakings
User agrees to the following:
8.1 You agree and undertake not to use or encourage, or permit others to use, the Website:
- for any misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, harassing, libellous, vulgar, obscene, pornographic, sexually explicit, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable activities;
- to intimidate and/or harass another;
- to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- to do anything unlawful, misleading, malicious, or discriminatory;
- to do anything that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or relates to terrorism, sedition or other tortious activities, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; to intentionally or unintentionally interfere with or violate any applicable laws related to the access to, or use of, the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website;
- to disrupt or interfere with the security of, or otherwise cause harm to, the Website Materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
- to access the Website through means other than through the interface that is provided by the Company;
- to violate any applicable laws or regulations for the time being in force in or outside India; or
- to violate any of the terms specified under the Terms of Use or any other Website policies.
8.2 Any violation by You of this Section 8 may result in immediate suspension or termination of Your Account.
9. Personal Information
The Company respects a User’s privacy. The privacy policy of the Company, provides succinctly the manner the User data is collected and used by the Company on the Website. As a visitor to the Website, a User is advised to read the privacy policy carefully. By accessing the Website, You agree to the collection and use of Your information by the Company in the manner provided in the privacy policy.
10. Changed Terms
The Company shall have the right at any time to change or modify the Terms of Use applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of Website by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
11. Payment Terms, Restrictions and Accuracy of Account and Billing Information
11.1 You must be at least eighteen (18) years old and able to enter into legally binding contracts to use the payment services in the Website. By using the Website and the payment services therein you represent and warrant that you are eighteen (18) years or older. If you are agreeing to these payments terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these terms and conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
11.2 When you add a payment method to your Account, you may be asked to provide customary billing information such as name, billing address, and financial instrument information either to the third payment processor(s) on the Website. You must provide accurate, current, and complete information when adding a payment method, and it is your obligation to keep your payment method up-to-date at all times. For the purposes of making payments on the Website, payment methods will include third party payment gateways of your banks and credit card companies and e-wallet service providers. We will in no event record or store your payment related details like pin numbers and OTP (one-time passcodes).
11.3 While we do not charge any payment processing fee, please note that your payment service providers may charge you additional fees when processing payments. We will not be responsible for any such fees and we disclaim all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider. Please review these terms and conditions before using your payment method.
11.4 You are solely responsible for the accuracy and completeness of your payment method. We are not responsible for any loss suffered by you as a result of incorrect payment method provided by you.
11.5 We reserve the right to refuse any account opening request with us. We may, in our sole discretion, limit or cancel services requested per person, per client or per order. These restrictions may include orders placed under the same client account, the same credit card, and/or orders that use the same billing address. In the event that We make a change to or cancel a request, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the request was made. We reserve the right to limit or prohibit requests that, in our sole judgment, appear to be placed by Our competitors.
11.6 You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as needed.
11.7 We reserve the right to refuse access to all or part of the Zapkey Data to process transactions by Users with a prior history of questionable charges including without limitation breach of any agreements by Users with Us or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
11.8 Any payments made by You in order to avail the publicly available documents and information pertaining to real estate buildings and properties in the territory of India i.e., the data services on the Website, will be made to Propstack Services Private Limited. However, such services shall be provided to You solely by the Company. Propstack Services Private Limited will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, availing such data services on the Website.
11.9 Any payments made by You for the services offered on the Website shall be made on a 100% advance basis and shall be non-refundable.
12. Errors and Inaccuracies
12.1 Occasionally there may be information on the Website that contain typographical errors, and inaccuracies. These errors and inaccuracies arise since the source of information for Zapkey Data may contain such errors and inaccuracies or may be incomplete or may be unclear since it may be in vernacular language. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel requests for any subscriptions, if any information is inaccurate at any time without prior notice (including after You have submitted Your order).
12.2 We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date on any related website, should be taken to indicate that all information on Website has been modified or updated.
12.3 If you are able to identify any inaccuracies in Zapkey Data, we will appreciate your assistance in vetting such information. You may share with us your feedback and suggestions relating to such inaccuracies at support@zapkey.com and we will correct it after our internal review process. You may refer to the FAQ section on our Website for more information on informing Us about the errors and inaccuracies.
13. Monitoring
All electronic communications and content presented and / or passed to Us, including that presented and / or passed from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of the Company in the exercise of their duties, or by law enforcement authorities who may be assisting the Company in investigating possible contravention / non-compliance with applicable law. Electronic communications and content may be examined by automated means. Further, the Company has the right to reject, at its sole discretion, from the Website any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of the Company.
14. Intellectual Property
14.1 The Website and Zapkey Data, that are uploaded on the Website by Us, unless otherwise stated, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs (collectively, the “Materials”) are owned, controlled or licensed by the Company, its parent or subsidiaries or affiliate companies. Any and all rights to use any Materials not expressly granted to You under this Terms of Use are hereby reserved by Us and/ or Our members, subsidiaries, affiliates or licensors.
14.2 The Company is the sole owner of the Company marks, service marks, trade name and any other marks used by the Company in future (collectively “Trademarks”). You agree not to interfere with Our rights in the Trademarks, including challenging Our use, registration or application to register the Trademarks, anywhere in the world, and that You will not harm, misuse, or bring into disrepute any of the Trademarks. The goodwill derived from using the Trademarks or any part thereof, shall inure exclusively to the benefit of the Company.
14.3 All Trademarks, domain name, trade dress including the look, feel and design of the Website, its Materials, interfaces, etc., and the selection and arrangements thereof, is the property of the Company, unless otherwise indicated. All this is protected under copyright, trademark and other applicable intellectual property laws and may not be used by You, except as permitted by the Company.
14.4 All third-party trademarks advertised or displayed on the Website belong solely to the respective third party and We do not have any rights over such third-party trademarks.
14.5 This Website is operated by and is the sole property of the Company. Any and all Material on this Website are protected by copyrights, trademarks, and other intellectual property rights that are owned by Us or by other parties that have licensed such material to Us, or such parties having ownership of content uploaded on the Website. Modification of the Materials on the Website or use of the Materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited.
14.6 We respect the intellectual property rights of others, and We expect Our Users to do the same. The Company may, at its sole discretion, take such steps including, that of terminating Your Account, if You violate others’ intellectual property rights in any manner.
14.7 You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at support@zapkey.com
15. Links to Third Party Websites and Cookies
15.1 The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You can do so at Your own risk. We do not in any way endorse the linked websites.
15.2 Similarly, this Website can be made accessible through a link created by other websites. Access to this Website through such link/s shall not mean or be deemed to mean that the objectives, aims, purposes, ideas, concepts of such other websites or their aim or purpose in establishing such link/s to this Website are necessarily the same or similar to the idea, concept, aim or purpose of Our Website or that such links have been authorized by Us. We are not responsible for any representation/s of such other websites while affording such link and no liability can arise upon Us consequent to such representation, its correctness or accuracy. In the event that any link/s afforded by any other website/s derogatory in nature to the objectives, aims, purposes, ideas and concepts of this Website, is utilized to visit this Website and such event is brought to the notice or is within the knowledge of the Company, civil or criminal remedies as may be appropriate shall be invoked.
15.3 Our servers may automatically collect certain technical information about your use of the Website, including, without limitation, your browser type, your operating system, Internet Protocol address, bandwidth speed, and information collected through cookies, web beacons, and other technologies. Some technical information may qualify as personal information, while other technical information may not be personally identifiable. We generally use technical information for system administration, security and statistical analysis.
16. Termination
16.1 In addition to termination of Your Account, We reserve the right to suspend Your use of and prohibit access to any or all features / parts of the Website, in the event it is determined by Us that You have violated any of these Terms of Use. Any such suspension or termination of access to Website may be effected by Us without providing You with a prior written notice in this regard.
16.2 Upon termination of Your Account or prohibition of Your use of the Website, all rights granted by Us to You to use the Website will automatically terminate and We shall have no further obligation or liability towards You.
16.3 You acknowledge and agree that, upon termination, You shall immediately destroy any copies made of any portion of the content contained on the Website or any information or reports provided to you by the Company as a part of the free services offered by the Company on the Website. You acknowledge and agree that the Company shall not be liable to You or any third party claiming through You, for termination of access to Website.
17. Disclaimer
17.1 You agree that Your use of the Website shall be at Your sole risk.
17.2 To the fullest extent permitted by applicable law, the Company, its parent or affiliate companies, its officers, directors, employees, and agents exclude all warranties, express or implied, in connection with the Website and Your use thereof.
17.3 The Company excludes all conditions, terms or representations about the accuracy or completeness of this Website's Materials, Zapkey Data or the content of any sites linked to this Website and assumes no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content or the free services available on the Website,
- any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein,
- any interruption or cessation of transmission to or from Our Website
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through Our Website by any third party, and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted, or otherwise made available via the Website.
17.4 We make no express or implied warranties, guarantees or affirmations on the accuracy, completeness, validity, omission, consistency, or current applicability of the information presented in the Zapkey Data or on the Website as well as the services available or offered on the Website and we shall have no responsibility or liability whatsoever in relation to the same. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all data, analysis, opinions, advice, services and other information provided through the Website.
17.5 The Company does not warrant that the access to Website will be uninterrupted or error-free or that defects in Website will be corrected.
17.6 Users are strongly advised to independently verify the authenticity of any data and data analysis provided on the Website or provided as a part of the services to its Users.
17.7 Where applicable, the Zapkey Data and the Materials have been compiled by using our proprietary algorithms using publicly available information on an “as-available” basis from public information sources including government authorities. The Company does not in any manner whatsoever endorse or represent, expressly or impliedly, the authenticity and relevancy of the documents/ information dispensed through Zapkey Data and the Materials.
17.8 The Company and/ or the Website does not in any manner endorse any real estate property or building/ projects or investment in any real estate projects, and Users dealing in any real estate projects listed on the Website shall be doing so entirely at their own expense, risk and responsibility.
17.9 We hereby expressly disclaim all warranties and representations of any kind with respect to any and all Materials and features available on the Website, including but not limited to: (a) warranties as to merchantability or use for a particular purpose whether or not the Company knows or has reason to know or has been advised of any such purpose or (b) warranties as to any results to be obtained from any use of the Company Materials or information derived from use of the Website or (c) warranties as to any products purchased or obtained through the Website.
17.10 The Company does not endorse or act on behalf of any third party. Except for the properties listed for sale on the Website, the publicly available documents and information pertaining to real estate buildings and properties in the territory of India compiled and displayed here are for information purposes only and shall in no way be construed as an advertisement or an offer for sale from Us or any real estate developer, builder, contractor, or owner of real estate properties. In the event You engage the services of / interact with any third party, through the Website, the Company will not be liable to You for any act or omission by such third party in relation thereto.
17.11 By presenting the Zapkey Data, we do not create any favourable or unfavourable positions with respect to the quality, reputation, goodwill, profitability, standards etc. of any real estate developer, builder, contractor, building, apartment, construction, etc. We may engage in advertising or showing any third-party promotional content. You may also receive any advertisements and promotional content from such third parties via e-mail or other social media. You are advised to take note that We make no representations with respect to such promotions and advertisements and in no way represent the validity or accuracy of such third-party advertising or promotional content. We may also engage in advertising or showing promotional content relating to any builder/ project/ developer, the same is done only for a limited purpose of lead generation and other than that We do not make any representations with respect to compliances of any real estate developer, builder, contractor, building, apartment, construction, etc. with applicable laws including Real Estate (Regulation and Development) Act, 2016, (“RERA”) and its amendments or rules.
17.12 To the fullest extent permitted by applicable law, in no event shall the Company, its parent or affiliate companies, officers, directors, employees, or agents, be liable to You for any direct, indirect, incidental, special, punitive or consequential damages, incurred in connection with the Zapkey Data on the Website, including but not limited to loss of revenue or profit or any other commercial or economic loss or for any decision made or action taken by any third party in reliance thereupon.
17.13 You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use or any other Website policy; (iii) Your violation of any third party right, including without limitation any intellectual property right or privacy right; (iv) or as a result of any threatening, libellous, obscene, harassing or offensive material posted / transmitted by You on the Website; or (v) any other dispute arising between You and any other user on the Website. In no event will the Company be liable to You for any lost profits, lost savings or incidental, special or consequential damages arising out of Your use or inability to use the Website or the breach of this Terms of Use, even if advised of the possibility of such damages.
17.14 Your obligations under this clause shall be in perpetuity.
18. Limitation of Liability
18.1 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 loss or damages or for any business losses, loss of revenue, income, profits or anticipated savings, or loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, resulting from the use or/and the inability to use the Website and Zapkey Data provided on the Website, any information or/and services received or/and obtained or/and messages received or/and transactions entered into through or/and from the Website 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 Website, 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.
18.2 User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of the Website and/ or the User’s account on the Website, including but not limited to direct or/and indirect or/and 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.
18.3 User agrees that Company shall not be responsible or liable to User, or anyone, for the statements/ information/ data provided by any third party or conduct of any third party. 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.
18.4 he Company takes no responsibility/liability whatsoever for shortage or non-fulfilment of the any request or access on the Website 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, 1986 or any other Act/Rules, etc.
18.5 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.
19. Notifications
If You wish to subscribe to Our newsletter(s) or receive notifications or e-mails from Us, We will use Your name and latest e-mail address provided by You in this regard. However, You may choose to stop receiving Our newsletters by following the instructions to unsubscribe as included in these e-mails or You can contact Us at support@zapkey.com
20.Governing Law and Jurisdiction
This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this Terms of Use.
21. Severability
If any term, provision, covenant or restriction of these Terms of Use is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions of these Terms of Use shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
22. No Waiver
The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
23. General
You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. These Terms of Use comprise the full and complete agreement between You and the Company with respect to the use of the Website and supersedes and cancels all prior communications, understandings and agreements between You and the Company, whether written or oral, expressed or implied with respect thereto.
