This is a legal agreement between you (the person viewing, using or accessing the Site (as defined hereunder) and later referred to as "You", or "User" as per the context) and NoBroker Technologies Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 2013 ("NoBrokerHood").
Please read these terms of use carefully before using the services offered by NoBrokerHood. These terms of use set forth the legally binding terms and conditions for Your use of the NoBrokerHood website, https://www.nobrokerhood.com and the NoBrokerHood mobile application together referred to as the "Site", and any sub-domains and the services, features, content or widgets available through the Site (collectively with the Site, referred to as the "Service(s)"), which includes an information-technology platform for providing visitor, society and accounting management services, as more fully described on the Site to apartment complexes/residential society/gated enclaves or such other residential facility/locality as the case may be ("Designated Premises").
1. Acceptance Of Terms
By registering for and/or using the Service in any manner, You agree to all of the terms and conditions contained herein ("Terms of Use" or "Terms"), which also incorporate NoBrokerHood's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time by NoBrokerHood, each of which is incorporated by reference and each of which may be updated by NoBrokerHood from time to time without notice to You in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some Services offered through the Service may be subject to additional terms and conditions specified by NoBrokerHood from time to time. Your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all Users of the Service.
2. Access
Subject to these Terms of Use, NoBrokerHood may offer to provide the Services, as described more fully on the Site, and which are selected by You, solely for Your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any Services NoBrokerHood performs for You, any hardware offered by NoBrokerHood, or any widgets that You download from the Site or, subject to the Terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by NoBrokerHood, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).
NoBrokerHood makes no representation that the Content on the Site and/or the Services is appropriate to be used or accessed outside India. Any users who use or access the Site or avail the Services from outside India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms do not constitute, nor may these Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
3. Registration and Eligibility
3.1
In order to use the Service, You are required to register with NoBrokerHood (either through its application or device) and represent, warrant and covenant that You will provide NoBrokerHood with accurate, truthful, and complete registration information (including, but not limited to Your name ("Username"), e-mail address and a password You will use to access the Service) and to keep Your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of Your NoBrokerHood account.
3.2
Registration as a User, is only a one-time process and if You have been previously registered, You shall login / sign into Your account using the same credentials as provided by You during the registration process.
3.3
You shall not:
- provide any false personal information to NoBrokerHood (including a false Username) or create any account for anyone other than Yourself without such person's permission;
- use a Username that is the name of another person with the intent to impersonate that person;
- use a Username or NoBrokerHood account that is subject to any rights of a person other than You without appropriate authorization; or
- use a Username that is a name that is otherwise offensive, vulgar, obscene or otherwise unlawful.
3.4
NoBrokerHood reserves the right to refuse registration of, or cancel a Username in its sole discretion. Notwithstanding anything to the contrary contained in this Agreement, You are solely responsible and liable for activity that occurs on Your account and shall be responsible for maintaining the confidentiality of Your NoBrokerHood password. You shall never use another User's account without such other User's prior express permission. You will immediately notify NoBrokerHood in writing of any unauthorized use of Your account, or other account related security breach of which You are aware.
3.5
You represent and warrant that if You are an individual, You are of legal age to form a binding contract, or that if You are registering on behalf of an entity (including without limitation, the association / society / builder of the Designated Premises), that You are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 18 years old. NoBrokerHood may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to You and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, You agree not to use or access the Site or Services in any way.
3.6
In case of creation of an administrative account by the association/society/builder of the Designated Premises, the User undertakes to cooperate with completion of an additional verification process.
3.7
In case of registering as a 'Home Chef' on the Site, the Home Chef undertakes to comply with all applicable laws, as updated from time to time, including obtaining the registration number from Food Safety and Standards Authority of India (FSSAI) and applicable State or Central license, as the case may be. The Home Chef shall provide all supporting documents to NoBrokerHood at the time of registering as a Home Chef on the Site in the manner as may be specified. The User undertakes that he/she shall not register as a Home Chef unless the User has obtained all registrations, certifications, licenses or otherwise complied with applicable law. A "Home Chef" means the Users who have registered on the Site to sell homemade food and provide delivery or self-pickup services, as the case may be, to other Users in the Designated Premises.
3.8
At the time of registration, if the User provides or NoBrokerHood has reasonable grounds to suspect that any information that is untrue, inaccurate, not current or incomplete, NoBrokerHood reserves the right to suspend or terminate User’s account and refuse any and all current or future use of the Site (or any portion thereof) at any time in accordance with section 9 (Suspension and Termination).
4. Content
4.1
All Content on the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. NoBrokerHood cannot guarantee the authenticity of any Content or data which Users may provide about themselves. You acknowledge that all Content accessed by You using the Service is at Your own risk and You will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom and NoBrokerHood shall have no liability towards You or any other party for any damage or loss resulting from such Content.
4.2
For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by NoBrokerHood on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by Users is collectively referred to as, "User Submissions."
4.3
The Site may contain User Submissions which NoBrokerHood does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent NoBrokerHood’s views, opinions, beliefs, morals or values. NoBrokerHood does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any User Submissions that the Users submit or publish on the Site. After posting any User Submissions on the Site, the Users continue to own the rights that the Users may have in that User Submissions subject to the limited license set out here. NoBrokerHood shall use reasonable efforts to monitor or remove such User Submissions where NoBrokerHood considers it appropriate or necessary to do so. NoBrokerHood does not promise that the Content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties. The Users hereby expressly acknowledge and agree that NoBrokerHood will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any User Submissions.
4.4
Please note that any User Submissions or advertisement that promotes online gambling, lotteries or games of skill that offer prizes of cash (including online casinos, sports betting, bingo games, or poker games using real money) shall be permitted only if prior written permission is granted to conduct such games by appropriate authorities and not otherwise.
4.5
User Submission shall not infringe any third-party rights including intellectual property rights, privacy rights, performer’s rights etc.
4.6
You shall at all times comply with all applicable laws, ordinances, regulations, and codes which are applicable to the performance of Your obligations under these Terms of Use.
4.7
User Submission should not contain any such image, photograph, design, artwork, any other copyrightable work, trade name, trade mark etc. that may violate intellectual property rights of any third party and must acquire permission/authorization/licenses for trademarks or copyrightable works owned/controlled by a third party prior to being uploaded as Content.
5. Subscription Plans
5.1
NoBrokerHood offers a combination of Services which the User may subscribe to, subject to the needs of the User, upon payment of applicable fees (“Subscription Fees/Fees”). Failure to subscribe may result in limited access to the Services.
5.2
The Subscription Fee paid by the User is non-refundable.
5.3
NoBrokerHood reserves the right to revise the Subscription Fees of any subscription plan without notice to the User at any time prior to, at the time of, during the tenor or post subscription of the plan by the User. NoBrokerHood shall intimate the User of such revised Fees and the User undertakes to pay to NoBrokerHood the difference in the amount after such revision.
6. Conditions To Use
6.1
The Services will be provided on best efforts basis. NoBrokerHood will make reasonable efforts and shall endeavor that You are able to use the Services without undue disruption, interruption or delay.
6.2
By creating a NoBrokerHood account, You may receive updates, promotional materials and other information we may send with regards to the Service, or new services NoBrokerHood may offer. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to hello@nobrokerhood.com.
When You use the Site to avail the Services, You agree that You are involved in the transmission of sensitive and personal information, including but not limited to Your registration information and mobile number (collectively "SPI"), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. NoBrokerHood, is an ISO 27001 certified technology-based platform under the proprietary ownership of NoBroker Technologies Solutions Private Limited and therefore, would take all necessary steps to secure and maintain the confidentiality of the SPI that You have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. The User hereby irrevocably and unequivocally authorizes NoBrokerHood to utilize User information or Content for the purposes including for the provision of Services in accordance with the Terms of Use and to disclose User information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services.
6.3
NoBrokerHood shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry. However, NoBrokerHood disclaims any responsibility for any harm resulting from anyone’s use, viewing, or downloading of Content. If You access or use any Content, You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any User Submissions offered through any of the Services is the relevant user’s (the person, persons or entity that was responsible for uploading, adding or sharing the User Submissions or materials) sole responsibility, and You agree that NoBrokerHood shall not be liable for any damages that may result from Your use of the User Submissions. Further, NoBrokerHood shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, link failure, Site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.
7. Rules and Conduct
7.1
As a condition of use, You promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of Your activity in connection with the Service. Additionally, You shall abide by all applicable local, state, national and international laws and regulations and, if You represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to Your industry.
7.2
By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action or publish any information that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty or obligations of confidentiality;
- You know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by NoBrokerHood in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") and not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "flooding," "trolling," “phishing” and "griefing" as those terms are commonly understood and used on the internet;
- involves commercial activities (whether or not for profit) and/or sales without NoBrokerHood's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit, overburden, impair, compromise or interfere with the Site, the Users, or NobrokerHood’s systems or security or with the proper functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of NoBrokerHood or any third party;
- impersonates any person or entity, including any employee or representative of NoBrokerHood;
- includes anyone's identification documents or sensitive financial information; or
- breaches the Terms of Use and /or Privacy Policy and/or any of the other policies and rules incorporated herein.
7.3
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by NoBrokerHood in its sole discretion) an unreasonable or disproportionately large load on NoBrokerHood (or its third-party providers') infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures NoBrokerHood may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or "spam" on the Service;
- use manual or automated software, devices, or other processes to "crawl" or "spider" any part of the Site;
- harvest or scrape any Content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Content, except as expressly authorized by NoBrokerHood;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any hardware, or source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that You receive hereunder;
- not delete or modify any Content of the Site and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- use the Site or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site, any Services or any operating system;
- not make false or malicious statements against the Services or the Site or NoBrokerHood; or
- otherwise take any action in violation of NoBrokerHood's guidelines and policies.
7.4
You acknowledge that all hardware and software underlying the Site as well as other internet related software which are required for accessing the website are NoBrokerHood’s intellectual property, and that You have no rights in, or to, the hardware, Site or any Services other than the right to use each of them in accordance with the terms of these Terms of Use. NoBrokerHood has intellectual property rights over all intellectual property on the Site except any intellectual property or Content owned by third parties including third-party service providers or any UGC (as defined hereunder). NoBrokerHood reserves the right to initiate appropriate legal proceedings against any User or third party including third-party service provider for an infringement of its intellectual property rights, in accordance with applicable law. Nothing herein shall give the User or any third party including third-party service provider any intellectual property rights in any of the intellectual property owned by NoBrokerHood. The User agrees that it shall not make any claim against NoBrokerHood for any intellectual property of NoBrokerHood under these Terms of Use.
7.5
NoBrokerHood reserves the right to access, read, preserve, and disclose any information as NoBrokerHood reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of NoBrokerHood, its users and the public, or (vi) providing, modifying, or improving future or current products and/or services of NoBrokerHood.
7.6
Further, the User hereby irrevocably and unequivocally authorizes NoBrokerHood to utilize User information, User Submissions, or Content for the purposes including those set out below:
- provision of Services in accordance with these Terms of Use;
- disclose User information, User Submissions, or Content to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services;
- providing, modifying, or improving future or current products and/or services of NoBrokerHood.
- contacting a third-party service provider and/ or facilitating/ enabling the services of a third-party service provider for the User pursuant to the arrangement between NoBrokerHood and such third-party service provider;
Provided that nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of NoBrokerHood or any third-party service provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons. - conducting internal studies, consumer research, surveys and preparing reports in connection with the Services;
- entering the registration data for an account; and
- sending alerts, contact details, promotional messages, promotional calls, location information whether by NoBrokerHood itself or through its partners/ vendors and sub-partners/ sub-vendors who are Users of the Site.
7.7
You shall not (and shall not permit any third party to), while using the features on the Site, including but not limited to the chat feature and any functionality of the chat feature, take any action or host, display, upload, transmit, share or publish any information or User Submission that:
- belongs to another person or User, or tends to impersonate another person;
- is defamatory, obscene, pornographic, paedophilic, invasive of one’s privacy, libellous, racially objectionable and is otherwise unlawful under applicable laws;
- is harmful to children;
- violates any applicable laws, including but not limited to laws in relation to data protection and privacy;
- violates any third party intellectual property rights;
- You know is patently false or misleading and is written or published with the intent to mislead or harass a person or entity for financial gain or cause injury to such person or entity;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or incites others to commit offences;
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit, overburden, impair, compromise or interfere with the Site, the Users, or NobrokerHood’s systems or security or with the proper functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of NoBrokerHood or any third party.
7.8
You hereby grant NoBrokerHood the license to use your User Submissions in presentations, websites, press releases, interviews, promotional materials and other self-promotional channels, including but not limited to social media platforms, and you shall not, under any circumstance whatsoever, hold NoBrokerHood liable for usage of such User Submissions for the aforementioned purposes.
7.9
You hereby agree and acknowledge that NoBrokerHood has no control whatsoever over, and no duty to take any action regarding any Content, including User Submissions, posted on the Site, more specifically through the chat feature available on the Site.
8. Third Party Sites and Services
8.1
NoBrokerHood may permit You to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When You access third party websites, You do so at Your own risk. These other websites are not under NoBrokerHood's control, and You acknowledge that NoBrokerHood is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by NoBrokerHood or any association with its operators. You further acknowledge and agree that NoBrokerHood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
8.2
NoBrokerHood permits third-party service providers to serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services.
- The User acknowledges and agrees that third party service providers may use cookies or similar technologies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Site and general browsing pattern and report how third-party service providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website.
- NoBrokerHood neither has access to, nor do the Terms of Use govern the use of cookies or other tracking technologies that may be placed by third party service providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. NoBrokerHood assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.
- It is to be noted that NoBrokerHood does not guarantee the accuracy, integrity or quality of any content/service provided by such third-party service provider. Further, the Users interactions with such third-party service providers through the Services provided by NoBrokerHood on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and the third-party service providers. In no event shall NoBrokerHood be liable for any damages arising out of any interaction between the User and such third-party service provider. The information provided on the Site is provided to the Users on an "AS IS, WHERE IS" basis.
9. Suspension and Termination
9.1
Subject to applicable law, the User is responsible for notifying NoBrokerHood immediately upon becoming aware of any unauthorized access into or misuse of the account causing a breach of security as per the Terms of Use. NoBrokerHood shall extend support by ensuring immediate termination or suspension of such account and shall take such other appropriate safety measures as it may deem necessary. NoBrokerHood shall not be held liable for any unauthorized access into the account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing NoBrokerHood about such unauthorized access.
9.2
NoBrokerHood, at all times, reserves the right, to reject or disable an account immediately in the event of the User’s violation of any applicable law or anything done by the User in contravention of these Terms of Use and including but not limited for any other reason in relation to the safe and secure operation of the Site.
9.3
NoBrokerHood has the right to modify, suspend or terminate all or any part of the Services including its features, structure, Fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the account and/or User’s access to the Site, at any time, without any prior notice to the User.
9.4
NoBrokerHood may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your membership. If You wish to terminate Your account, You may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Warranty Disclaimer
10.1
Save to the extent required by law, NoBrokerHood has no special relationship with or fiduciary duty to You. You acknowledge that NoBrokerHood has no control over, and no duty to take any action regarding: which Users gain access to the Service; what Content You access via the Service; what effects the Content may have on You; how You may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. The User agrees that NoBrokerHood shall not be held liable for any such unauthorized access into or misuse of the Account arising out of compromise of such details and password of the account.
10.2
You release NoBrokerHood from all liability for You having acquired or not acquired Content through the Service. The Service may contain, or direct You to websites containing, information that some people may find offensive or inappropriate. NoBrokerHood makes no representations concerning any Content contained in or accessed through the Service, and NoBrokerHood will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
10.3
NoBrokerHood shall not have any liability where the transaction is unable to be completed or does not fructify. In no event shall NoBrokerHood be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons You may otherwise meet through the Services.
10.4
The Site, Service, and Content link are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
10.5
NoBrokerHood, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) the service including, without limitation any third party sites or services linked to the Site and / or Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content or software available at or through the Service or Third Party Sites or Services is free of viruses or other harmful components; or (d) the results of using the Service will meet Your requirements. Your use of the Site, Service, and Content is solely at Your own risk. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to You. If any open-source software is included in the Site or any Services, the terms of an open-source license may override some of the terms of these Terms of Use.
10.6
NoBrokerHood is merely a technology platform for the provision of Services and shall not be responsible to conduct any background checks or facilitate the process of hiring/firing of the security personnel of the Designated Premises and/or of any service providers providing Services to the residents of such Designated Premises. The User covenants that no claim shall be made against NoBrokerHood for any liability whatsoever arising out of such hiring/firing or any actions/omissions of such security personnel or service providers and the association, society, builder or the residents of such Designated Premises, as the case maybe shall be the sole risk bearers.
10.7
The entry and exit of service providers, visitors or such other persons is subject to the authorisation of the residents or personnel of appointed security agency or any other agency/individual as appointed by the association, society or builder (as the case maybe) of the Designated Premises and NoBrokerHood shall have no liability arising out of the entry or exit of persons into/from the Designated Premises. The entry and exit process is completely controlled by You
11. Indemnification
You shall defend, indemnify, and hold harmless NoBrokerHood, its affiliates and each of its employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to Your use or misuse of, or access to, the hardware, Site, Service, Content, or otherwise from Your violation of these Terms of Use, or infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity. NoBrokerHood reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with NoBrokerHood in asserting any available defences.
12. Limitation of Liability
12.1
NoBrokerHood will not be liable or responsible for:
- Any instance where the transaction is unable to be completed or does not fructify;
- any failure to perform, or delay in performance of, any of NoBrokerHood’s obligations under these Terms of Use that is caused by any act or event beyond NoBrokerHood’s reasonable control, including force majeure events;
- any failure to perform, or delay in performance of, any of NoBrokerHood’s obligations under these Terms of Use or any financial loss that is caused by an assigned partner(s) or a third-party service;
- the Site not meeting Your individual requirements or the Site containing defects or errors, as the Site has not been developed specifically for You. It is Your responsibility to ensure that You use the Site if the facilities and functions of the Site meet Your requirements;
- any loss or damage caused by a distributed denial-of-service, viruses attack, or other technologically harmful material that may infect Your device, data or other proprietary material due to Your use of the Site or the Services.
12.2
Additionally, by using the Site or any Services, You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information You send using the Site or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
12.3
To the maximum extent permitted by applicable law, in no event shall NoBrokerHood, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not NoBrokerHood, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the Site, Service, or Content for:
- the use or the inability to use the Site and /or Service;
- indirect, remote or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- unauthorized access to or alteration of Your transmissions or loss of data;
- loss of anticipated savings;
- wasted expenditure;
- cost of procurement of substitute goods or services; or
- any other matter relating to the Site and / or Service.
12.4
It is Your responsibility to ensure that You use the Site only if the facilities and functions of the Site meet Your requirements. Nothing in these Terms of Use shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms of Use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, NoBrokerHood’s liability will be limited to the fullest extent permitted by applicable law.
12.5
Without prejudice to the foregoing, none of the directors, employees, agents, representatives, partners, suppliers or content providers of NoBrokerHood shall be personally liable for any action in connection with the Site or the Services. NoBrokerHood’s total aggregate liability under these Terms of Use shall be limited to the Fees paid by the User for availing the Services in relation to which such liability of NoBrokerHood arises.
13. Copyright and Trademarks
13.1
Copyright in works contained in the Site, including but not limited to all Content, features, functionality software, design, text, sound recordings and images, are NoBrokerHood’s exclusive property, or licensed by NoBrokerHood, except as otherwise expressly stated. You may access the Site only for Your use of the Services offered.
13.2
All trademarks, service marks, trade names, trade dress, and other forms of intellectual property are proprietary to NoBrokerHood. No information, code, algorithms, Content or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without NoBrokerHood’s express written permission. The use of any such materials on any other web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark and other similar laws
13.3
You must:
- not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Site or any of its components;
- not delete or modify any Content of the Site and / or the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
- take all reasonable precautions to protect NoBrokerHood’s proprietary information, and (b) not to use (except as expressly permitted herein) or divulge to any third person any such proprietary information.
- not do any "mirroring" or "framing" of any part of the Services, or create internet links to the Services which include log-in information, user names, passwords, and/or secure cookies;
- not use the Services, or permit it to be used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication;
- comply with any applicable law and regulation relating to downloading, using or otherwise exporting the technology used or supported by the Site or any Services, which may include but is not limited to not using the Site in a country where the use of the Site or any Services is unlawful.
13.4
The Registered User agrees that NoBrokerHood can use the Registered User’s brand identity including its logo, organization name and mention Registered User’s usage of this Service in sales sheets, presentations, websites, press releases, interviews, promotional materials and other self-promotional channels.
14. Governing Law
14.1
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and NoBrokerHood agree that any cause of action arising out of or related to the Service must commence within 1(one) year after the cause of action arose; otherwise, such cause of action is permanently barred.
14.2
These Terms of Use shall be governed by and construed in accordance with the laws of India. Any action, claim, dispute or difference arising out of or in connection with these Terms of Use, 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 these Terms of Use. Notwithstanding anything contained herein, NoBrokerHood 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.
15. Integration and Severability
These Terms of Use are the entire agreement between You and NoBrokerHood with respect to the Service and use of the Site, Service, or Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and NoBrokerHood with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that NoBrokerHood will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, NoBrokerHood must provide You with written notice of such waiver through one of its authorized representatives.
16. Modification of Terms of Use
NoBrokerHood reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or Content) at any time by posting a notice on the Site or by sending You notice through the Service or via email. NoBrokerHood may also impose limits on certain features and services or restrict Your access to parts or all of the Service without notice or liability. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
17. Force Majeure
NoBrokerHood will not be responsible for any delay or failure to comply with its obligations under these Terms of Use or in performing the Services, if the delay or failure arises due to any event or circumstance beyond NoBrokerHood’s reasonable control.
18. Electronic Record
This document is an electronic record in terms of the Information Technology Act, 2000 ("IT Act") and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Site.
19. Miscellaneous
19.1
NoBrokerHood shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond NoBrokerHood's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to You, and are not assignable, transferable or sublicensable by You except with NoBrokerHood's prior written consent. NoBrokerHood may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.
19.2
Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
19.3
In respect of these Terms of Use and Your use of this Site, Service, or Content, nothing in these Terms of Use shall be deemed to grant any rights or benefits to any person, other than us and You (and NoBrokerHood’s and Your respective successors in title or assignees), or entitle any third party to enforce any provision hereof, and NoBrokerHood and You agree that NoBrokerHood does not intend that any provision of these Terms of Use should be enforceable by a third party. The rights and licenses granted hereunder, shall not be transferred or assigned by the User, but may be assigned by NoBrokerHood without restriction.
20. Language
20.1
Where NoBrokerHood has provided You with a translation of the English language version of these Terms of Use, then You agree that the translation is provided for Your convenience only and that the English language versions of the Terms will govern Your relationship with NoBrokerHood.
20.2
If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.
21. Contact
21.1
Should You have questions about this Terms of Use or NoBrokerHood’s information collection, use and disclosure practices, You may contact NoBrokerHood’s designated officer for these purposes, whose details are provided below:
Name: Ashish Shand, Finance Controller
Email Id: support@nobroker.in
21.2
Except where required by law, NoBrokerHood cannot ensure a response to questions or comments regarding topics unrelated to the terms of this Terms of Use or NoBrokerHood’s privacy practices.
22. Complete Understanding
22.1
These Terms of Use contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of these Terms of Use other than those contained or referenced in these Terms of Use.
23. Terms of Offer for Sale
23.1
Terms of offers for services and products purchased via NoBrokerHood can be found
here.
You have read these Terms of Use and agree to all of the provisions contained above