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TERMS AND CONDITIONS

INTRODUCTION

The following agreement captures the terms and conditions applicable to any person who accesses or uses the website www.nobroker.in/forum, which is an open and public interactive online forum created for gaining and sharing information. It is an agreement between the User and NoBroker Technologies Solutions Private Limited.

OBJECTIVE AND FUNCTIONS

The Site acts as an intermediary platform for User(s) to interact with other User(s) for sharing of information in respect of but not limited to buying/selling/renting of house, paperwork and documentation processing, relating to lease agreement registration, bank franking, police verification and society approvals, etc. NoBroker or Site are not parties to any interaction that take place between the User(s) of the Site.

DEFINITIONS

Account means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by NoBroker.

Agreement means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between NoBroker and the User in relation to the Services.

Content means and includes any information, all data, and information on the Site.

Intellectual Property means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain.

NoBroker means and includes NoBroker Technologies Solutions Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Ground Floor, Survey No. 103, Indiqube-The Fore, Varthur, Carmelaram, Bengaluru 560087, Karnataka, India, including its officers, directors, employees and representatives along with its Site.

Services means and includes interacting with or using the Site in any manner for any purpose.

Site means and includes the website owned, operated and managed by NoBroker Technologies Solutions Private Limited at the URL www.nobroker.in/forum.

User means any person who accesses the Site or avails Services on the Site for the purposes of hosting, publishing, sharing, transacting, displaying or uploading information or views.

User Content means content created with or submitted to the Services by User or through User Account.

ACCEPTANCE OF THE TERMS AND CONDITIONS

By subscribing to or interacting with or using the Site in any manner for any purpose, User undertakes and agrees that User has fully read, understood and accepted the Agreement. If User does not agree to or do not wish to be bound by the Agreement, User may not access or otherwise use the Site in any manner.

The User may use the Services only if the User agrees to form a binding contract with NoBroker and is not a person barred from receiving services under the applicable laws. In any case, you must be at least 18 years old to use the Services. If you are (i) accepting the terms of the Agreement and/or using the Services, which constitutes acceptance of the Agreement, or (ii) accepting this Agreement in order to authorize the use of the Services on behalf of a minor (being any person under the age of majority in any given country), company, organization, government, or other legal entity, User represent and warrant that User is authorized to do so or, as the case may be, have the authority to bind such minor and/or entity to this Agreement.

Certain services or features may be offered on Site for which additional terms and conditions may apply in connection with use of those services by the User. By using any of these additional services, User agrees to any additional terms applicable to those services, and those additional terms become part of NoBroker's Agreement with User. If any of the applicable additional terms conflict with the Agreement, the additional terms will prevail while User are using those services to which they apply.

PRIVACY

NoBroker's Privacy Policy (https://www.nobroker.in/privacy) describes how NoBroker handles the information provided by Users which includes name, mobile number, e-mail address, etc. while accessing or using the Services. The Users understand that through their use of the Services, the Users consent to the collection and use (as set forth in the Privacy Policy) of the information provided therein including the transfer of this information for storage, processing and use by NoBroker and its affiliates.

DATA

NoBroker collects and processes certain information about how Users interact with the platform. This usage data helps us analyze trends, administer the platform, improve user experience, deliver more relevant results, and make strategic business decisions. By accessing or using the platform, Users acknowledge and consent to such data collection and use. Users further agree that all such usage data, analytics, and insights derived therefrom shall be the exclusive property of NoBroker. No personally identifiable information (PII) shall be used or disclosed except in accordance with applicable laws and NoBroker's Privacy Policy.

THIRD-PARTY LINKS, SITES, AND SERVICES

The NoBroker platform may include links to or integrations with third-party websites, applications, content, services, or advertisements that are not owned or controlled by NoBroker. These third-party resources are provided solely for your convenience and informational purposes. NoBroker does not endorse, warrant, or make any representations regarding the availability, accuracy, or quality of any third-party websites, services, content, or products.

By choosing to access any such third-party offerings, you do so entirely at your own risk. NoBroker shall not be responsible or liable for any content, practices, data handling, transactions, or terms and conditions of any third party. You acknowledge and agree that NoBroker shall not be liable for any loss, damage, claim, or cost arising from your use of or reliance on any third-party website, service, or content. Users are encouraged to review the privacy policies and terms of use of any third-party site or service they interact with through the NoBroker platform.

USER ACCOUNT

To use certain features on the Site, User may be required to create an Account on the Site and provide NoBroker with a username, password, mobile number or certain other information about themselves.

User is solely responsible for the information associated with User's Account and anything that happens related to User's Account. User must maintain the security of User's Account and immediately notify NoBroker if User discovers or suspects that someone has accessed User's Account without User's permission. NoBroker recommends that User should not share OTP (One Time Password) with any third-party so that any misuse or abuse of the account is prevented. User shall be responsible for such misuse or abuse in case the User shares the OTP or authorizes someone to use the account.

USER CONTENT

The Services may contain Content including information, text, links, graphics, photos, videos, audio, streams, software, tools or other materials including User Content created with or submitted to the Services by User or through User Account. NoBroker takes no responsibility for and NoBroker does not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of User Content.

By submitting User Content to the Services, User represents and warrants that User has all rights, power, and authority necessary to grant the rights to User Content contained within the Agreement. Because User alone is responsible for User Content, User may expose themselves to liability if User posts or shares content without all necessary rights.

User retain any ownership rights User has in User Content, but User grant NoBroker the following license to use that User Content:

When User Content is created with or submitted to the Services, User grants NoBroker a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display User Content and any name, username, voice, or likeness provided in connection with User Content in all media, formats and channels now known or later developed anywhere in the world. This license includes the right for NoBroker to make User Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with NoBroker. For example, this license includes the right to use User Content to train machine learning models. User also agrees that NoBroker may remove metadata associated with User Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.

User Content including the opinions, advice, statements, offers, or other information made available through the Site are those of their respective User and not of NoBroker, and should not necessarily be relied upon. Such authors are solely responsible for the accuracy of such content. NoBroker does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither adopts nor endorses nor is responsible for the accuracy or reliability of User Content. Under no circumstances will NoBroker be responsible for any loss or damage resulting from anyone's reliance on User Content posted on the Site. Although NoBroker has no obligation to screen, edit, or monitor User Content, NoBroker may, in its sole discretion, remove User Content, at any time and for any reason, including for violating the Agreement or NoBroker's any other terms and policies.

USER CONDUCT

User agrees not to misuse the Services, for example, by interfering with them or accessing those using a method other than the interface and the instructions that NoBroker provides. The User agrees to comply with the following standards of behaviour while using the platform. User is solely responsible for all User Content User publishes or displays on Site and agrees to, understand, and will abide by, all of the following:

  1. By posting User Content on the Site, User warrants and represents that the information is truthful and accurate.
  2. User will NOT post any defamatory or illegal material or any material that infringes or violates rights including intellectual property rights of any party including NoBroker.
  3. User will NOT post on the Site with the sole intention to harass or bully any particular individual, including but not limited to content that may be perceived as cyber-harassment, cyberstalking, cyberbullying or an unclassified form of a "revenge post".
  4. User will use the Site in a manner consistent with any and all applicable laws and regulations.
  5. User will NOT post, distribute or reproduce in any manner any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights except as otherwise permitted by law.
  6. User will NOT upload, or cause to be uploaded, viruses or other similar malicious code.
  7. User also agrees not to misuse the Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that NoBroker provides and will not do the following:
    1. Access, tamper with, or use non-public areas of the Services, computer systems, or the technical delivery systems of the providers;
    2. Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    3. Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by NoBroker (and only pursuant to the applicable terms and conditions);
    4. Forge any TCP/IP packet header or any part of the header information in any email or posting;
    5. In any way use the Services to send altered, deceptive or false source-identifying information;
    6. Engage in any conduct that violate or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

It is also a violation of this Agreement to facilitate or assist others in violating the terms of this Agreement, including by distributing products or services that enable or encourage the violation of this Agreement. While NoBroker does not and cannot conduct an in-depth detailed review of every User Content posted by User(s) on the Site, and are not responsible for any content of the User Content, NoBroker reserves the right, but is not obligated, to delete or redact any User Content (up to and including the name of the person or business) in any Content that contains information that may be perceived by NoBroker as objectionable. Examples of such objectionable content include, but are not limited to, the following:

  1. Belongs to another person and to which the User does not have any right;
  2. Is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  3. Is harmful to child;
  4. Infringes any patent, trademark, copyright or other proprietary rights;
  5. Deceives or misleads the recipient about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
  6. Impersonates another person;
  7. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting other nation;
  8. Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  9. Is in the nature of advertisement or surrogate advertisement;
  10. Violates any law for the time being in force.

LIMITATION OF LIABILITY/DISCLAIMER

The features and Services on the Site are provided on an "as is" and "as available" basis, and NoBroker hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, performance, accuracy, reliability, or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. NoBroker makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site in no manner is endorsed by NoBroker. NoBroker has no association of whatsoever nature with the User and/or the User Content. NoBroker makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site. No advice or information, whether oral or written, obtained by the User(s) from Site or through or from the Site shall create or be deemed to create any warranty not expressly stated herein.

Under no circumstances shall NoBroker be held liable for any delay or failure or disruption of the content or Services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of god, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save NoBroker, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Site (including but not limited to the display of User(s) information on the Site or from User(s)'s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save NoBroker, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)'s breach of any representations and warranties made by the User(s) to NoBroker.

User(s) hereby further agree to indemnify and save NoBroker, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third-Party Rights claimants or other third-parties relating to products or services offered or displayed on the Site. User(s) hereby further agree that NoBroker is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). NoBroker reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with NoBroker in asserting any available defences.

NoBroker shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages. Such circumstances may include, but are not limited to, the following scenarios:

  1. The use or the inability to use the Site;
  2. Any defect in data, information or services availed or obtained from a User(s) or a third-party service provider through the Site;
  3. Unauthorized access by third parties to data or private information of any User(s);
  4. Statements or conduct of any User(s) of the Site.

INTELLECTUAL PROPERTY RIGHTS

  1. NoBroker respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Site and the Users may not use the Site to transmit or reproduce someone else's Intellectual Property.
  2. The User shall be held liable for acts, including but not limited to those set out below herein, for any such infringement of NoBroker's Intellectual Property Rights:
    1. Misrepresentation of User Information or Content as their own property;
    2. Using the User Content directly or indirectly, publicly or privately, for charging brokerage from the Users;
    3. Unauthorized use or distribution of proprietary information.
  3. The User shall not upload, post or otherwise make available on the Site, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.
  4. NoBroker reserves the right to initiate appropriate legal proceedings against any User or third-party for an infringement of its Intellectual Property Rights, in accordance with applicable law. However, NoBroker is free to remove the User Content at any time without prior permission of the User if NoBroker finds that the User Content is defaming or harming the goodwill, reputation, visibility or ranking of NoBroker or the same is ex-facie malicious.
  5. The User further accepts and agrees that NoBroker shall have Intellectual Property Rights on all information and data provided or shared by the User on the Site.

TERMINATION OF ACCESS

NoBroker reserves the right to terminate or suspend a User's account at any time, with or without prior notice and without incurring any liability, for reasons including but not limited to the following:

  1. Breach of these Terms and Conditions;
  2. Involvement in abusive, fraudulent, or suspicious activities;
  3. Extended periods of account inactivity;
  4. Actual or suspected compromise of account security;
  5. Any behaviour that, in NoBroker's sole discretion, is detrimental to the interests of other users or the integrity of the platform.

Illustrative examples of such conduct include, but are not limited to, using the forum for unauthorized solicitation, impersonating others, or persistently posting content that is knowingly false or misleading.

  1. Upon termination, the User's right to use the Service will cease immediately.
  2. If the User wishes to terminate the User Account, the User may discontinue using the Service or delete the Account from the Service, or contact NoBroker for assistance.

USER GRIEVANCE

All grievances shall be addressed in a prompt and reasonable manner, in accordance with applicable laws and internal policies. All grievances will be reviewed and responded to as expeditiously as possible. Any User grievance relating to the discrepancies or misuse of information so provided to NoBroker may be addressed to the Grievance Officer, whose details are provided below appointed by NoBroker for this purpose.

Name: Puja
Designation: Vertical Head
Email Id: hello@nobroker.in

GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs)/REPORT A FRAUD

The LEAs can send NoBroker the legal requests/notices on hello@nobroker.in or nb.legal@nobroker.in for assistance required on User details. Additionally, in case of any query, LEAs can also call NoBroker on Customer Helpline Number - 9241700000, across all 7 days a week, between 10:00 AM to 7:00 PM. NoBroker shall endeavour to respond within 72 hours of receiving the request; however, response time may vary depending on the nature and complexity of the request.

NO ENDORSEMENTS OR VERIFICATION

NoBroker does not endorse, verify, or assume responsibility for any User Content. Users are solely responsible for interactions and representations made on the platform.

WAIVER AND SEVERABILITY

  1. No failure or delay on the part of NoBroker in exercising any right or remedy shall operate as a waiver of such right or remedy.
  2. In the event that any of the terms and conditions of the Agreement are declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render the other terms and conditions as invalid or unenforceable as a whole.
  3. The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, NoBroker) while drafting it.

AMENDMENT

  1. NoBroker reserves the right, at its sole discretion, to modify or replace the Agreement at any time. If a revision is material, NoBroker will make reasonable efforts to notify its existing User prior to any new terms taking effect. What constitutes a material change will be determined at NoBroker's sole discretion.
  2. The User's uninterrupted and continued usage of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.

INTELLECTUAL PROPERTY OF THE SERVICE

The Service and its original content (excluding User Content provided by the User), features, and functionality are and will remain the exclusive property of NoBroker and its licensors. The Service is protected by copyright, trade mark, and other laws of India. NoBroker's trade marks shall not be used in connection with any product or service without the prior written consent of NoBroker.

INTERPRETATION

  1. Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
  2. Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.
  3. Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
  4. The singular includes the plural and vice versa and words inferring a particular gender include all genders.
  5. The words 'other' or 'otherwise' and 'whatsoever' will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.

GOVERNING LAW AND JURISDICTION

Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Bengaluru shall have exclusive jurisdiction over disputes arising out of this Agreement. Notwithstanding anything contained herein, NoBroker shall not be restricted or withheld from instituting proceedings in courts/tribunals of any jurisdiction other than Bengaluru that it may, in its sole discretion deem appropriate and convenient.