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Terms & Condition of Using Beegha India Portal

This website Beegha.com , including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications etc(hereinafter collectively referred to as BEEGHA) is owned, hosted and operated by Yuvan Infomedia OPC Pvt Ltd (hereinafter referred to as YIMOPL), a company incorporated in India under the Companies Act, 1956 and having its registered office at 503, TC Jaina Tower-3, LSC, A-1B, Janakpuri, New Delhi-110058. These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between BEEGHA and the Its User

Beegha and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING BEEGHA, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE BEEGHA. 

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

If you utilize BEEGHA.COM in a manner inconsistent with these terms and conditions, YIMOPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

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

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

The use and access to BEEGHA shall be subject to these terms and conditions and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an unauthorized user and will nevertheless be subject to the terms and conditions regulating the usage of BEEGHA, and expressly so with respect to respecting the intellectual property rights of the YIMOPL, and abiding by terms and conditions below mentioned.

The terms User and Customer would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)

The terms Service or Services would mean to include the interactive online information service offered by BEEGHA on the internet through which the user may access information carried by BEEGHA in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to BEEGHA acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.

Users, who are buying/renting property/properties through BEEGHA, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The verified tag visible on property/properties on BEEGHA merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the verified tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.

USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (Content) as proprietary to BEEGHA. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of BEEGHA. BEEGHA does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the Users own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and Service marks (Marks) appearing in BEEGHA are the properties either owned or used under license by YIMOPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with YIMOPL / its associates. The access to BEEGHA does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

YIMOPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. YIMOPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using BEEGHA as a platform to infringe the Intellectual Property Rights of others, YIMOPL will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access BEEGHA, YIMOPL grants the Users a limited, non-exclusive, non-assignable, revocable license (the License) to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

RESTRICTIONS/ PROHIBITIONS
The following actions will inter alia constitute a misuse of BEEGHA and are strictly prohibited:
Utilizing the Services offered by BEEGHA in any manner so as to impair the interests and functioning of YIMOPL/BEEGHA and which is non-compliant with laws and regulations including RERDA.
Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on BEEGHA and/or any services or products of the YIMOPL, in any manner or for any purpose which is not, consistent with in accordance with the Terms of Use.
Users are expressly prohibited from using or exploiting BEEGHA and/or any content or data provided therein for:
any commercial purposes such as creating alternate databases, extending access to BEEGHA to third parties without prior written consent of the YIMOPL; and/or
undertaking any business activity which is in competition with the business of YIMOPL; and/or
Sharing access with persons who are not contracted with the YIMOPL.

Reselling the products/services offered by the YIMOPL.
(Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from BEEGHA;
Gaining or attempting to gain unauthorized access (inter alia by hacking, password mining or any other means) to: (a) any portion or feature of BEEGHA or any of the services or products offered on or through BEEGHA which are not intended for you; (b) any server, website, program or computer systems of the YIMOPL or any other third parties and/or Users;
Modifying the services provided through BEEGHA or their appearance using any technology or overlay any additional offering on top of such services or simulate BEEGHA services or its functions in any manner whatsoever without explicit consent obtained in writing by approach
Accessing BEEGHA through interfaces other than those expressly provided by YIMOPL;
Attempting to breach or breaching any security or authentication measures set up by the YIMOPL in relation to BEEGHA and/or attempting to probe, scan or test the vulnerability of the YIMOPL system or network;
Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from BEEGHA (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the YIMOPL;
Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;
Circumventing or attempting to circumvent any technological protections used or employed by the YIMOPL or by any third party in order to protect the content on BEEGHA and/or to exclude robots, spiders etc. from crawling and /or scraping content from BEEGHA.
Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers
Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of BEEGHA or any computer networks connected to BEEGHA, by any other User;
Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug-ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from BEEGHA without explicit consent obtained in writing
Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;
Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;
Stalking, threatening, or in any manner harassing any other User;
Imposing an unreasonable or disproportionately large load on BEEGHA infrastructure;
Engaging in framing, mirroring, or otherwise simulating the appearance or function of BEEGHA (or any part thereof) and providing deep links into BEEGHA (or any part thereof) without prior permission of YIMOPL;
Spamming BEEGHA/YIMOPL or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:
Violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation for the time being in force;
Belongs to another person and to which you have no right;
Infringes, breaches or otherwise contravenes the rights of the YIMOPL or any third party, including any copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;
Contains computer viruses, or other computer code, files or programs designed to disrupt, destroy or interfere with or limit the functioning of BEEGHA, or any other computer system or resource;
Is grossly harmful, harassing, invasive of anothers privacy, hateful, disparaging, relating to or encouraging money laundering or gambling in any manner, any content which is or may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libelous, blasphemous, vulgar, pornographic, paedophilic, obscene, or racially, ethnically, or otherwise unlawful in any manner whatsoever;
Which constitutes or encourages conduct that would constitute a criminal offence, give rise to other liability, or otherwise violate applicable law;
That deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
That harms minors in any way;
That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

You hereby expressly agree not to:

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

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

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

LINKS TO THIRD PARTY WEB SITES
BEEGHA may provide links to other third-party World Wide Web sites or resources. YIMOPL makes no representations whatsoever about any other Web site you may access through BEEGHA.

DISCLAIMER AND WARRANTIES

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

THE CONTENT OF BEEGHA IS PROVIDED AS IS AND ON AN AS AVAILABLE BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YIMOPL AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF BEEGHA.

Views expressed by the Users are their own, YIMOPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to beeghaindia@gmail.com

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. YIMOPL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

YIMOPL offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to YIMOPL/BEEGHA are solely for the purposes of display of the property advertised.

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. YIMOPL does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in YIMOPL or any of its Affiliates. Further, nothing contained in BEEGHA should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and YIMOPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

BEEGHA is controlled and operated from India and YIMOPL makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use BEEGHA from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

YIMOPL offers products, Services, content and various other functionalities through BEEGHA and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. YIMOPL does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on BEEGHA may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that YIMOPL intends to announce, launch or provide such products, programs or Services in your country.

LIMITATION OF LIABILITY
YIMOPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use BEEGHA, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
YIMOPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Users data/information. YIMOPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other persons computer related to or resulting from participating or downloading materials/information from the website.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of YIMOPL (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon YIMOPL.

YIMOPL will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to YIMOPL to be placed on the website by technical or any other means is not the responsibility of YIMOPL and YIMOPL does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on BEEGHA website or any of its other websites / domains owned and operated by YIMOPL.

TERMINATION
YIMOPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to BEEGHA (or any part thereof) for any reason, including, without limitation, that YIMOPL based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

INDEMNIFICATION
Submissions and unauthorized use of any information(s)/materials contained on BEEGHA may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, YIMOPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of BEEGHA material or your breach of these terms and conditions or any applicable law.

YIMOPL will not be party to any legal proceedings between parties contracted through these Services. In case YIMOPL is sought to implicated in any legal proceedings, costs will be recovered from the party that names YIMOPL as a party to such proceedings. YIMOPL shall abide with any court order served on it through due process.

Terms of use for Users
When you indicate your interest in a Real Estate Listing or express interest in related services on BEEGHA, you are sending your profile consisting of your personal details and application information including relevant documents to BEEGHA, and you are requesting and authorizing BEEGHA to make available such information contained in your response to the applicable Advertiser/seller(s) for such Real Estate Listing(s). You provide consent for your data to be provided to such Advertisers/service providers , who may further contact you over the phone/email/whatsapp etc. Please note that our privacy policy does not govern the use of your data by third parties once it is shared.
In addition, by using BEEGHA, you agree that BEEGHA is not responsible for the content of the Advertiser/seller/broker/builder application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.
You consent to your application, documents and any responses sent to you by the Advertiser/seller or vice versa through BEEGHA being processed and analyzed by BEEGHA according to these terms of use and BEEGHA Privacy Policy. BEEGHA shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not. BEEGHA may use your application materials (including public profile consisting of your personal details and responses to advertiser/seller questions) to determine whether you may be interested in a Real Estate Listing, and BEEGHA may reach out to you about such Real Estate Listing.
Information you post in public areas of BEEGHA sites or applications or make visible in your profile, may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While BEEGHA takes measures to safeguard your information from unauthorized access or inappropriate use, BEEGHA does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of BEEGHA or application or to a public website.

You will comply with all applicable Data Protection Laws in relation to the Processing of personal data; and not process personal data which is irrelevant, in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions
You shall implement adequate technical and organizational controls to protect the shared personal data obtained from BEEGHA against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure
You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable the privacy law as applicable) in an expeditious and compliant manner
You agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared
You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from BEEGHA to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.
You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.

ARBITRATION
If any dispute arises between a user/users and YIMOPL arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by YIMOPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and YIMOPL governs your use of BEEGHA. If any provision of these BEEGHA terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

WAIVER
The failure of YIMOPL to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

GOVERNING LAW
By accessing BEEGHA you agree that the laws prevailing in India shall be the governing laws in all matters relating to BEEGHA as well as these terms and conditions.

JURISDICTION
Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to BEEGHA and these terms and conditions, irrespective of the territory and jurisdiction of your access to BEEGHA.

YIMOPL does not routinely monitor your postings to the web site but reserves the right to do so. However, if YIMOPL becomes aware of an inappropriate use of BEEGHA or any of its Services, YIMOPL will respond in any way that, in its sole discretion, YIMOPL deems appropriate. You acknowledge that YIMOPL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, YIMOPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

YIMOPL reserves all other rights.