- The domain name www.nine2fiveworld.com ("Website") is owned by Nine2FiveWorld.com Pvt. Ltd. ("Company") a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at 208, Reena Complex, R. N. Road, Vidyavihar (W), Mumbai 400086.
- The User agrees that these Terms and the Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting the any part of the Website constitutes the User's full and final acceptance of these Terms and the Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms.
- We are professional real estate consultants offering end-to-end transaction services for commercial property transactions. Our list of services in available on the website under End-to-End Transaction Services
2. User’s eligibility
The User represents and warrants that he/she is competent and eligible to enter into a legally binding agreement and that he/she has the requisite authority to bind himself/herself to these Terms.
3. Applicability of terms
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties; whichever is longer.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
5. Communication with users
By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such calls / email messages / text messages, the User may send an e-mail to firstname.lastname@example.org. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
6. Service fees
The use of this Website by the User, such as browsing the Website or searching for properties is free of cost. The User is only required to pay for transaction services availed by the User of the Website as detailed under . However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
7. User’s obligations
The User agrees and acknowledges that he/she is a restricted user of this Website, and that he/she:
- is bound not to copy, distribute, recreate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company.
- agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of automatic devices, programs or algorithms or any similar or equivalent process to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the presentation of the Website, any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User's access to the Website.
- Further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
- Scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks;
- Collect or store data about other users of the Website;
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Publish, post, or disseminate information that is false, inaccurate or misleading;
8. Suspension of user access & activity
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User's access and/ or activity by immediately removing the User's access credentials either temporarily or indefinitely, or suspend / terminate the User's membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User's actions may cause any harm, damage or loss to the other users or to the Website/Company, at the sole discretion of the Company.
9. Intellectual property rights
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
The User is aware that the products displayed on the Website are owned by their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the owners to the Website/Company, or to the User. The User is aware that the Company has created the Website through which the products are listed for sale or lease to the users of the Website, and the neither the Company nor the Website owns any of the intellectual property relating to the products displayed on the Website.
10. Dislaimer of warranties & liabilities
- Except as otherwise expressly stated on the Website, all products / services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied.
- While all effort is made to ensure reliable information is posted on the Website, the information contained on the Website may not be accurate and beyond our control. We do not warrant the accuracy or suitability of such information. Changes may be periodically added to the contents herein. By using our services, you acknowledge that information on the Website is provided to you on an "as is" basis.
- The Company / Website makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
- The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and are that he/she is using his/her best and prudent judgment before transacting any product listed on the Website, or accessing/using any information displayed thereon.
- The Company / Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website.
- It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
11. Dispute resolution & jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Dispute Resolution mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation - In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration - In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai in the state of Maharashtra, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due.
13. Other provisions
- Entire Agreement - These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
- Waiver - The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability - If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.