Unless otherwise specified, the capitalized terms shall have the meanings set out below:
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.
Applicable Law means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Broker means and includes all brokers, channel partners, sales agencies and other third parties who/ which negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease or such other form of transfer in relation to a plot, apartment or building, as the case may be, including marketing and promotion of such plot, apartment or building, for remuneration or fees or any other charges for his services whether as commission or otherwise and incudes a person who introduces, through any medium, prospective parties to each other for negotiations and includes property dealers, brokers, middlemen by whatever name called and real estate agent as defined under the Real Estate (Regulation and Development) Act, 2016.
Computer Virus means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.
Confidential Information means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of NoBroker and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to NoBroker in confidence.
Content means and includes any information all data and information on the Site.
Government Authority means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Information Technology Act means the Information Technology Act, 2000.
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.
Intellectual Property Rights mean and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information.
NoBroker means and includes NoBroker Technologies Solutions Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Bengaluru, India including its officers, directors, employees and representatives along with its Site.
Prohibited Conduct means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of NoBroker’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.
Registration Data means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by NoBroker and supplied by the User on initial application and subscription.
Personal Information means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
Services means and includes the services provided by NoBroker within the territory of India to the User of the Site and shall include the provision of (a) connecting tenants and owners to find each other without paying any brokerage, (b) services to the Users who wish to post their listings for the purposes of renting their property, (c) services to the Users who wish to secure/buy a property through the Site, (d) services to the Users pertaining to paperwork and documentation processing, relating to lease agreement registration, bank franking, police verification and society approvals with regard to the rental property listed on its website. (e) services to those who wish to purchase advertisement space of their products or services on the Site, (f) services to the Users who wish to receive advertisements and promotional messages on the Site and through e-mails and text messages, (g) providing residents with a building specific network to enable interaction with neighbours for sharing knowledge of the neighbourhood, (h) services to the Users allowing them to pay rental money to the other Users through the Site using third party payment gateways, (i) connecting the Users to various Third Party Service Providers for the provision of other related services.
Site means and includes the website owned, operated and managed by NoBroker Technologies Solutions Private Limited at the URL www.nobroker.in (www.nobroker.com), www.nobrokerhood.com and also includes the mobile application owned, operated and managed by NoBroker Technologies Solutions Private Limited.
Terms and Conditions means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.
Third Party Service Provider means and includes any service provider with whom NoBroker has an agreement for the purposes of making services in addition to the Services available for the User.
Usermeans 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 and whether as a tenant or as an owner looking for potential tenants includes other persons jointly participating in using the Site.
User Information means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to NoBroker in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and NoBroker.