These terms and conditions create a contract between you and IndiaMLS Softare Pvt. Ltd. (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, By signing in and using IndiaMLS, you confirm agreement with IndiaMLS’ Terms and Conditions and Privacy Policy.

INTRODUCTION TO OUR SERVICES


This Agreement governs your use of IndiaMLS’ services (“Services”), through which you can list your property listings, manage my client information through the CRM, create marketing brochures and flyers, create and maintain your custom website, and other in-app services (“Content”). Our Services are available for your use in India (“Home Country”). To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.


USING OUR SERVICES

PAYMENTS, TAXES, AND REFUNDS


You can acquire Content on our Services through an annual or a multi-annual subscription and is referred to as a “Transaction.” Each Transaction is an electronic contract between you and IndiaMLS Software, and/or you and the entity providing the Content on our Services.

Manage your password settings at any time by following these instructions:

IndiaMLS will charge your payment method (such as your credit card, debit card, gift card/code, or other method available in India) for any paid Transactions (subscriptions), including any applicable taxes. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. For details about how Transactions are billed, please visit. All Transactions are final. Content prices may change at any time. If technical problems prevent or unreasonably delay delivery of Content, your exclusive and sole remedy is either replacement of the Content or refund of the price paid, as determined by IndiaMLS. From time to time, IndiaMLS may refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles IndiaMLS to a corresponding counterclaim.


INDIAMLS ID


Using our Services and accessing your Content requires an IndiaMLS ID. An IndiaMLS ID is the account you use across IndiaMLS’ ecosystem. Your IndiaMLS ID is valuable, and you are responsible for maintaining its confidentiality and security. IndiaMLS is not responsible for any losses arising from the unauthorized use of your IndiaMLS ID. Please contact IndiaMLS if you suspect that your IndiaMLS ID has been compromised.

You must be age 18 (or equivalent minimum age in your Home Country, as set forth in the registration process) to create an IndiaMLS ID and use our Services.


PRIVACY


Your use of our Services is subject to IndiaMLS’ Privacy Policy, which is available at.


SERVICES AND CONTENT USAGE RULES


Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. IndiaMLS may monitor your use of the Services and Content to ensure that you are following these Usage Rules.


ALL SERVICES:


SUBSCRIPTIONS


To access the Services and Content offered by IndiaMLS, a fully paid Annual or Multi-year subscriptions is required (“Paid Subscriptions”). Paid Subscriptions automatically renew until cancelled in the Manage Subscriptions section of your account settings. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period, unless you choose to manually renew your subscription sooner than 24 hours prior to the expiration of your current subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, cancel the subscription before the free trial ends.


CONTENT AND SERVICE AVAILABILITY


Terms found in this Agreement that relate to Services, Content types, features or functionality not available in India are not applicable to you unless and until they become available to you. To see the Content types available to you in your Home Country, go to the Services or visit.


YOUR SUBMISSIONS TO OUR SERVICES


Our Services may allow you to submit content such as property details, pictures, brochures, news stories, and blogs (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please IndiaMLS Management. You hereby grant IndiaMLS a worldwide, royalty-free, perpetual, nonexclusive license to use the materials and content you submit within the Services and related marketing, and for IndiaMLS’ internal purposes. IndiaMLS may monitor and decide to remove or edit any submitted material.

Submissions Guidelines: You may not use the Services to:


CONTRACT CHANGES


IndiaMLS reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.


THIRD-PARTY MATERIALS


IndiaMLS is not responsible or liable for third party materials included within or linked from the Content or the Services.


INTELLECTUAL PROPERTY


You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by IndiaMLS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

The IndiaMLS name, the IndiaMLS logo, and other IndiaMLS trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of IndiaMLS in India and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.


COPYRIGHT NOTICE


If you believe that any Content available through the Services infringe a copyright claimed by you, please contact IndiaMLS immediately and make a formal notice of infringement.


TERMINATION AND SUSPENSION OF SERVICES


If you fail, or IndiaMLS suspects that you have failed, to comply with any of the provisions of this Agreement, IndiaMLS may, without notice to you: (i) terminate this Agreement and/or your IndiaMLS ID, and you will remain liable for all amounts due under your IndiaMLS ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.

IndiaMLS further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and IndiaMLS will not be liable to you or to any third party should it exercise such rights.


DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION


INDIAMLS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME INDIAMLS MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY INDIAMLS) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

IN NO CASE SHALL INDIAMLS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, INDIAMLS' LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

INDIAMLS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE INDIAMLS FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

INDIAMLS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE INDIAMLS FROM ANY LIABILITY RELATING THERETO. INDIAMLS IS NOT RESPONSIBLE IN CONNECTION WITH YOUR USE OF THE SERVICES.


WAIVER AND INDEMNITY


BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD INDIAMLS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY INDIAMLS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM INDIAMLS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF INDIAMLS' CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.


STATUTORY EXCEPTIONS FOR PUBLIC INSTITUTIONS


If you are a qualified public educational or government institution and any part of this Agreement, such as, by way of example, all or part of the indemnification section, is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.


GOVERNING LAW


Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and IndiaMLS, and all Transactions on the Services shall be governed by the laws of state of Maharashtra, in India, excluding its conflicts of law provisions. You and IndiaMLS agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Mumbai, Maharashtra, India, to resolve any dispute or claim arising from this Agreement.


OTHER PROVISIONS


This Agreement constitutes the entire agreement between you and IndiaMLS and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and IndiaMLS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. IndiaMLS' failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. IndiaMLS will not be responsible for failures to fulfill any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions pass to the acquirer upon electronic transmission to the recipient. No IndiaMLS employee or agent has the authority to vary this Agreement.

IndiaMLS may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. IndiaMLS may also contact you by email or push notification to send you additional information about the Services.

You hereby grant IndiaMLS the right to take steps IndiaMLS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that IndiaMLS has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as IndiaMLS believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to IndiaMLS' right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).



Last Updated: September 23, 2018