ZOLTAN PROPERTIES PRIVATE LIMITED
TERM AND CONDITIONS
This document is an electronic record under the Information Technology Act of 2000 and any applicable rules,
as well as the revised provisions pertaining to electronic records in various statutes as amended by the
Information Technology Act of 2000. A computer system generates this electronic record, which does not
require any physical or digital signatures.
This document is published in compliance with the terms of Rule 3(1) of the Information Technology
(Intermediaries Guidelines) Rules, 2011, which require the publication of the Platform's rules and
regulations, privacy policy, and Terms and Condition (as defined herein).
I. INTRODUCTION
- 1. The Platform (referred to website) is an internet-based portal owned and run by Zoltan Properties,
who is registered with the Real Estate Regulatory Authority of as a real estate broker.
- 2. On the Platform, the terms Zoltan Properties, website, "we," "our," and "us" in these Terms and
Condition may relate to the company. Zoltan Properties platform enables its users and customers to
access rent yielding real estate assets including commercial, retail, residential, etc.
- 3. These terms and conditions of use describe the terms applicable to your use of the Zoltan Properties
website (www.zoltanproperties.com), for the purposes of use and promotion of Zoltan Properties (referred
to as the “Platform”), and other products, software and services, which may be offered from time to
time, on the Platform or offline, owned or licensed and operated by Zoltan Properties and its
affiliates, such as email, chat, bulletin board services, information related to recommendations, news
groups, forums, communities, personal web pages, calendars, and/or other message (together the
“Services”).
- 4. By accessing the Platform, registering as a user on the Platform, contributing any material to the
Platform, or using any of the Services, you expressly agree to accept these terms and condition in their
entirety. As a result, if you disagree with these terms and condition or any portion of these term and
condition, you may not access or otherwise use the Platform or Services.
II. ACCESS
Subject to the compliance with terms and condition and payment of fees (if and as applicable), Zoltan
Properties grants you a non-transferable, non-exclusive, license to use the Platform for your personal,
non-commercial use.
III. INTELLECTUAL PROPERTY RIGHTS
- 1. You acknowledge that all the Intellectual Property Rights in the Platform are owned by Zoltan
Properties or Zoltan Properties’ licensors, or by the content suppliers, as the case may be, but is no
case by the user except as provided herein. The use, access, and availability of the Platform do not
transfer any rights, title, or interest in or to any Intellectual Property Rights to you or any other
person. All Intellectual Property Rights not expressly granted in these term and conditions are reserved
by Zoltan Properties or Zoltan Properties’ licensees or content suppliers.
- 2. You agree that all copyright and other proprietary notices on any Platforms material must be
maintained on every copies thereof, subject to the limits set forth in paragraph 5 (Restrictions on Use)
below.
IV. RESTRICTION OF USE
-
a. The rights granted to you under these terms and condition are subject to restrictions provided by us.
-
b. You are not allowed to:
- 1) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Platform, without the written consent of Zoltan Properties;
- 2) access the Platform in order to make a similar or competitive services;
- 3) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by
any means, any part of the Platforms, for any commercial purpose or otherwise, without the
written consent of Zoltan Properties;
- 4) use the Platform in any way that causes, or may cause, damage to the Platform, its users are
advised not to use Platform in any way which is unlawful, illegal, fraudulent or harmful, or in
connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- 5) abuse, harass, impersonate, intimidate or threaten other users;
- 6) post or transmit, any content that is harmful, infringing, libellous, defamatory, abusive,
offensive, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or
racially, ethnically objectionable, disparaging, relating or encouraging money laundering or
otherwise violates any law or right of any third party; or that 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 cognizable offence or prevents investigation
of any offence or is insulting any other nations;
- 7) use the Platform for any unauthorized purpose, or in violation of any applicable law or these
term and condition;
- 8) post or transmit, any communication or solicitation designed or intended to obtain password,
access to another user’s account, or private information from any user;
- 9) create or send unwanted email (spam) and messages to any other user;
- 10) impersonate any person or entity, or falsely state or otherwise misrepresent your
affiliation with a person or entity;
- 11) infringe upon the Intellectual Property Rights of Zoltan Properties, other users, or any
third party, while accessing or using the Platform;
- 12) submit comments linking to affiliate programs, multi-level marketing schemes, sites
repurposing existing stories or off-topic content;
- 13) post, email, transmit, upload, or otherwise make available any material that contains
software viruses or any other computer code, trojan horse or other code with malicious,
disruptive and/or destructive features, files or programs designed or functioning to interrupt,
destroy, or limit the functionality of any computer software or hardware or telecommunications
equipment, including the Platform;
- 14) use any robot, spider, scraper, sniping software or other automated means to access the
Platform for any purpose;
- 15) conduct any systematic or automated data collection activities on or in relation to the
Platform without express written consent of Zoltan Properties;
- 16) use the Platform or any part of it to transmit or send unsolicited commercial
communications, or for any other purposes related to marketing, without express written consent
of Zoltan Properties;
- 17) take any action that imposes, or may impose, in our sole discretion, an unreasonable or
disproportionately large load/strain on our infrastructure;
- 18) sell or otherwise transfer your user account or profile, or allow any third party to use or
access your user account; or
- 19) without our prior written consent, reverse engineer, frame, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works from, transfer,
or sell any information, software obtained from or part of the Platform.
V. THIRD- PARTY CONTENT
- 1) Links to websites, services, and advertisements for third parties may be found on the Platform.
Third-party websites may link to the Platform in turn. You understand and accept that Zoltan Properties
does not control third-party websites, advertisements, or services, and that Zoltan Properties is not
liable for any information, content, goods, services, or other materials that may be offered as
third-party content.
- 2) In order to help you better appreciate the opportunities and the dangers related to third-party
content, we may also supply you with reports, summaries, charts, data, valuation studies, and analyses
created by third parties. You recognise that using any third-party content at your own risk and that you
should always get independent business, legal, and tax counsel in relation to all your decisions.
- 3) We strongly advise you to read the terms and conditions and privacy policies of any third-party
websites or services that you click on, access or use.
VI. LIMITATIONS, DISCLAIMERS AND EXCLUSIONS OF LIABILITY
- 1) All information, content, materials, products (including software), and services included on or
otherwise made available to you on or through the Platform are provided "as is" without any implied or
express representations or warranties, and other terms which may otherwise be implied by statute, common
law, or the law of equity, including, but not limited to, implied warranties of merchantability,
suitability, and fitness for a particular purpose.
- 2) Zoltan Properties disclaims any warranty regarding the lack of viruses or other harmful components in
any information, content, materials, products (including software), or other Services included on or
otherwise made available to you on or through the Platform (whether by Zoltan Properties, its
affiliates, suppliers, content providers, and advertisers), on Zoltan Properties’ servers, or in any
electronic communications sent by Zoltan Properties.
- 3) You are aware of the high level of risk, including the possibility of losing your entire investment,
that comes with investing in real estate assets. Only experienced investors who fully understand the
dangers involved and are able to accept them should consider investing in real estate assets. Real
estate investments should only be made as part of a comprehensive investment strategy and only if the
investor is prepared to lose all of the money invested. We make no promises or guarantees regarding your
ability to meet investing goals or get a capital return.
- 4) You confirm and acknowledge that by registering on the Platform, you authorise and consent to Zoltan
Properties sending promotional and marketing content to you via emails, phone calls, short message
service, or other electronic and non-electronic mode of communication, and that no such communication
will be considered to be in violation of law relating to unsolicited commercial communication.
- 5) You accept that we have an interest in limiting the personal liability of our officers and employees
to the extent permitted by law and, having regard to that interest, you agree that you will not bring
any claim personally against our officers or employees in respect of any losses you suffer in connection
with the Platform or these term and conditions.
- 6) In the event that the Platform or any portion thereof is not accessible due to technical problems or
for any other reason, users are not entitled to claim any loss or damage from us, and we are not
obligated to compensate any such User.
- 7) If you are dissatisfied or harmed by the Platforms or anything related to it, your sole remedy shall
be to terminate these term and condition by closing your account on the Platform.
VII. BREACH OF TERM AND CONDITION
Without limiting Zoltan Properties’ other rights under these term and condition, if you violate these terms
and condition in any way, or if we reasonably suspect that you have violated these terms and conditions in
any way, we may take whatever action we deem appropriate to deal with the breach, including
- temporarily suspending your access to the Platform,
- permanently prohibiting you from accessing the Platform, and
- blocking computers / devices using your IP address from accessing the Platform.
VIII. TERMINATION
- 1) Either you or Zoltan Properties may terminate our agreement relating to the Platform at any time,
with or without cause, with immediate effect. Please keep in mind that such termination will only apply
to Your use of the Platform; any Services provided to You by a Zoltan Properties affiliate or a third
party will continue to be governed by the conditions specified in such separate service agreements.
- 2) While Zoltan Properties will strive to give you advance notice of any account termination, you agree
that Zoltan Properties may, under certain circumstances, terminate user instantly. Causes for
termination may include, but are not limited to, your violation of the terms and conditions, demands
from law authorities, or government agencies, non-payment of fees owed by you in connection with the
access and use of the Platform or the Services.
- 3) Zoltan Properties shall not be liable to you or any third party for the termination or suspension of
any Platform. If you object to any terms and conditions, your only recourse is to: (a) discontinue use
of the Platform or the Services; and (b) notify Zoltan Properties of such discontinuance.
- 4) Upon termination of the relationship, your right to access or use the Platform and the Services shall
immediately cease. You shall have no right, and Zoltan Properties shall have no obligation thereafter,
to execute any of your uncompleted tasks or forward any unread or unsent messages to you or any third
party. Once your User Registration is terminated, cancelled or suspended, any data that you have stored
on the Platform may not be retrieved later.
IX. GOVERNING LAW AND DISPUTE RESOLUTION
- 1) These terms and conditions are governed and construed in accordance with Indian law.
- 2) Zoltan Properties will determine the existence of any issues, the nature of the disagreements, and
how they should be resolved in relation to these terms and conditions. Subject to the foregoing, the
Hyderabad City courts will have exclusive jurisdiction over any disputes originating from these terms
and conditions.
X. ENTIRE AGREEMENT
These terms and condition, together with the privacy policy, constitute the complete agreement between you
and Zoltan Properties in relation to your use of the Platform and supersede any previous agreements. Please
keep in mind that other parts of your usage of the Services may be governed by separate agreements. If any
provision of these Terms of Service expressly contradicts any provision of any particular service agreement
negotiated with a Zoltan Properties affiliate or a third party, such conflict shall be addressed at our sole
discretion.
XI. CHANGES TO TERM AND CONDITION AND PRIVACY POLICY
Zoltan Properties maintains the right, at its sole discretion, to change, modify, add, or remove any part of
the terms and condition or the privacy policy at any time. If we make significant changes to these terms of
service or the privacy policy, we may tell you by posting a notice on the Platform. In such situations,
changes shall take effect seven (7) calendar days after we post notice of the changes on the Platform.
However, these modifications will take effect immediately for new users of our Platform. If a user has any
reservations or objections to any change in the term and condition or the privacy policy, such user may
contact us. Your continued use of the Platform and/or the Services made available on or through the Platform
after any changes to the terms and condition or the privacy policy are posted will be considered acceptance
of such changes.
XII. CONFIDENTIALITY
Subject to the express permissions of these Term and condition, you and we will protect each other’s
Confidential Information from unauthorized use, access or disclosure in the same manner as each protects its
own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted
pursuant to these Term and condition, each of us may use each other’s Confidential Information solely to
exercise our respective rights and perform our respective obligations under these Term and condition. The
term ‘Confidential Information’ shall mean all information disclosed or accessed by you to us or by us to
you which is labelled “confidential” (or with a similar legend) or which a reasonable person would
understand to be confidential given the nature of the information and circumstances of disclosure.
Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already
known to the receiving party at the time of disclosure by the disclosing party; (b) was or is obtained by
the receiving party by a third party not known by the receiving party to be under an obligation of
confidentiality with respect to such information; (c) is or becomes generally available to the public other
than by violation of these Term and condition; or (d) was or is independently developed by the receiving
party without use of the disclosing party’s Confidential Information.
XIII. WAIVER OF RIGHTS
Zoltan Properties’ failure to enforce any provision of this this term and conditions shall not be deemed to
be a waiver of such provision nor of the right to enforce such provision.