Terms & Conditions

I. INTRODUCTION

  • This web site referred to as 'Ownaroof.com' (hereinafter referred to as "site") contains comprehensive information about properties available for sale using various online methods. This site is owned and operated by Niki Infomatics Pvt Ltd having CIN U72900RJ2016PTC049199 (hereinafter referred to as "Owner" or “NIPL”). This site is provided for your personal information, education and communication.

  • We invite you to visit the site at your convenience. However, being allowed to access the site, you bind yourself into this USER AGREEMENT that contains terms and conditions as set out hereinafter.

  • Please note that by accessing and browsing the site, you acknowledge that you have read the terms and conditions on this site, as well as all other policies described in the site and that you accept and agree to be bound by the same, without limitation or qualification. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS NARRATED IN THIS USER AGREEMENT, DO NOT USE THIS WEBSITE.

II. CHANGES TO TERMS AND CONDITIONS

  • The terms of this User Agreement can be changed from time to time and without further notice. Your continued use of this site after any such changes constitutes your acceptance to the new terms. If you do not agree to abide by these changes or any further terms, please do not use the site or download material from it.

  • All amended terms shall automatically become effective immediately after they are posted on the site and any subsequent use of the site shall by governed by such amended terms. You are advised to regularly check these terms and conditions for any amendments or updates.

  • Owner may terminate, change, suspend or discontinue any aspect of the site, including the availability of the features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this site. Owner may impose limits on certain features and services or restrict your access to any or all of the parts of this site without notice or liability. Owner may terminate your use of the site at any time at its sole discretion.

  • These terms apply exclusively to your access to use of the site and do not alter the terms or conditions of any other agreement you may have with owner.

III. DEFINITIONS

  • "Agreement" shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at Jaipur. These terms of use (Terms) constitute a legally binding agreement between you and Niki infomatics P Ltd. (the "Company") regarding your use of the web site i.e. www. ownaroof.com (the "Site") and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise ("the Service"). By accessing the Site or Service and/or by clicking "I agree", you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account.

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

  • “RERDA” shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder. “Subscriber” would mean and include any person, whether an individual or a legal entity who has subscribed to the Services of ownaroof.com (whether on a paid or free basis), and to whom the access to ownaroof.com is restricted by the use of a sign in user name and a password. The user name and password are either allotted by ownaroof.com or chosen by the Subscriber and agreed upon by ownaroof.com.

  • “Seller” means any person who has agreed to list its property for sale through any of the methods or modes available for sale of property on ownaroof.com by agreeing to the terms of such sale prescribed in that particular method of sale.

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

  • 'User' and 'Customer' would include both the Subscriber/Advertiser(s)/Seller and Browser/Visitor(s) [referred as ‘User’ or ‘You’ or ‘Your’ in this agreement]

IV. SUBMISSION OF INFORMATION ON WEBSITE

  • The User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to ownaroof.com unless the User submitting such a Listing/Advertisement has acquired/ received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on ownaroof.com. The User further agrees to represent and warrant that all Properties and associated information provided by the User will be accurate. In case a User is covered under the RERDA, it shall ensure all compliance necessary, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not.

  • The NIPL may, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the ownaroof.com website. NIPL shall have the sole authority to choose the manner in which any data will be searched, displayed, accessed, downloaded, copied, and otherwise used on ownaroof.com and shall have the right to modify the property listing in the Property in exercise of its rights under these terms and conditions. NIPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on ownaroof.com without notice.

  • NIPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While NIPL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to ownaroof.com.

  • Users, who are buying/renting property/properties through ownaroof.com, must verify details of the property/properties as well as its right, title, ownership, lien etc. on their own.

V. MODES OF SALE

  • The Sellers may sell their properties using any of the methods available on ownaroof.com including – sale through auction, direct sale or any other method which has been so provided at the ownaroof.com at any given point of time.

VI. PAYMENT TERMS

  • The payment for the services offered by ownaroof.com shall be as per payment terms of the service selected by the subscriber. The payment once made shall not be refundable except in circumstances mentioned in the payment terms of the service subscribed.

    Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.

VII. FORCE MAJEURE

  • The site shall have no liability to you for any interruption or delay in access to the site irrespective of the causes.

VIII. INTERNATIONAL CONTEXT

  • This site is controlled, operated and administered by owner from its office in India. Owner makes no representation that materials at this site are appropriate or available for use at location outside India, and your access to this site from territories where its contents may be illegal is prohibited.

IX. PRIVACY POLICY

  • This User Agreement shall be read with Privacy Policy of ownaroof.com mentioned elsewhere on this site.

X. APPLICABLE LAWS

  • The Indian laws will govern this Agreement. Judicial Courts at Jaipur will be the jurisdiction over any dispute arising out of this agreement. Except for third party sites, this site is controlled and operated by Niki Infomatics Pvt Ltd having CIN U72900RJ2016PTC049199 from its office located at 707, Mahima's Crystal Palm, Plot No. 2, Sardar Patel Marg, Near 22 Godam Circle, C-Scheme Jaipur Rajasthan 302005 in the state of Rajasthan, India. Although this site may be accessed from any state, as well as from other countries, by accessing this site both you and 'Ownaroof.com' agree that the statutes and laws of India, without giving effect to any principles of conflicts of laws, shall apply to all matters relating to use of this site. Furthermore, you and owner agree and hereby submit to the exclusive personal jurisdiction of various courts of Jaipur.

XI. SEVERABILITY AND LIMITATION OF ACTION

  • These terms constitutes the entire agreement between you and owner governing your use of the site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed to be severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms of your use of the site must be filed within one month after it arose or be permanently barred.

XII. LIMITATION OF LIABILITY

  • Ownaroof.com functions exclusively as an information intermediary between buyers and sellers of Properties. Although every effort have been made by Ownaroof.com to provide complete and genuine information about the properties listed on website, however, as an intermediary, Ownaroof.com makes no warranty, express or implied, for any of the listed property's commercial viability and /or genuineness for a particular purpose.

  • All specifications and descriptions quoted herein are representation of those supplied by the vendors and Ownaroof.com accepts no responsibility for any errors or omissions. All of the properties offered herein are subject to prior sale or withdrawal by the owners.

  • All buyers who are exposed to each other through this site must exercise normal commercial and legal caution in mutual dealing as applicable in their state of business. Ownaroof.com accepts no responsibility for any wrong doing by any side.

  • Each registration is separate for every member and auction. Therefore, we do not permit any of the following:

    • Sharing your User Name and Password.
    • Any part of the site being cached in proxy servers and accessed by individuals who have not registered with Ownaroof.com as user of the site.
  • In no event shall OWNAROOF be liable for any damages, whatsoever, and OWNAROOF shall not be liable for indirect, consequential, or incidental damages, or damages for lost profits, loss of revenues, or loss of use, arising out of or related to this auction/ web presence or the information contained in it, whether such damages arise in negligence or otherwise.

  • Any changes will be posted to our site http://www.ownaroof.com and it is the responsibility of the user to refer to the terms on accessing the services. Any changes made by ownaroof.com after the first posting will have to be accepteed if you continue to access the site after that time.

  • OWNAROOF shall have no liability to the user for any interruption or delay in access to the site irrespective of the cause.

  • ownaroof.com does not represent or warrant the description, accuracy, quality, quantity, correctness, soundness, of the properties posted by sellers on the website.

  • ownaroof.com is not responsible for bids not being processed or not being accepted due to technical difficulties.

XIII. DISCLAIMER REGARDING INFORMATION OF PROPERTIES LISTED ON WEBSITE

  • OWNAROOF’s site acts as the venue for seller to conduct auction and for bidders to bid on seller's properties. Normally, seller assures the sale and the buyer is bound to buy the property against successful bid. If buyer fails his EMD is forfeited. Similarly where other methods of sale are used by user for selling or buying the properties we act only as a platform to the users. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the title, safety or legality of the properties advertised the truth or accuracy of the listings, the ability of sellers to sell property or the ability of buyers to buy property.

XIV. CONDITIONS FOR SALE/PURCHASE OF PROPERTY

  • The sale/purchase of property through any or all methods of sale available on ownaroof.com shall be subject to such terms and conditions as are specifically asked to be agreed by User at ownaroof.com while using that particular method of sale/purchase.

XV. TERMS AND CONDITIONS REGARDING USAGE AND USERNAME:

  • Usage

    Our Services are available only to business firms or authorized representatives or individuals who can legally enter into binding contracts under applicable laws. Minors are prohibited from utilizing our Services.

  • Account Activation

    Each participant is required to register prior to utilizing the Service. After registering, you will be allotted a unique username.

  • Interference with the Services

    You agree not to use any device, software or routine to interfere or attempt to interfere with any of the Services, the 'ownaroof.com ' website or domain or any auction being conducted on such site. You agree not to impose any large load on 'ownaroof.com ' system. You agree not to put any material into the 'Ownaroof.com ' website or domain which contains any viruses, or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information, and agree to indemnify and hold harmless 'Ownaroof.com ' from any damages, claims, or causes of action related to or arising out of the exposure of the 'Ownaroof.com ' website or domain to such programming routines, whether advertent or inadvertent.

  • Responsibilities regarding Username

    You are solely responsible for all actions conducted with your Username, and agree not to use your Username for any unauthorized purpose. You agree not to disclose your Username to any third party, and to take all necessary precautions to prevent unauthorized use of such Username by any third party. You hereby agree to waive any rights, claims, or causes of action against 'Ownaroof.com ' arising out of or related to the use, whether authorized or unauthorized, of your Username.

XVI. MISCELLANEOUS

  • Termination

    You agree that 'Ownaroof.com ', in its sole discretion, may terminate any aspect of your use of any of the Services immediately and without notice if 'Ownaroof.com ' believes: (a) that you have breached any provision of this User Agreement, or (b) that you have violated the rights of other users of the Services. You agree to waive any rights, claims or causes of action against the Owner.

  • Disclaimer and warranties
    • Each user understands and agrees that any material and / or data downloaded from the services or website is done at user's own risk and that user will be solely responsible for any damages resulting from any downloading or other transaction.

    • No advice or information, whether oral or written, obtained by you from 'Ownaroof.com ' or through or from the services shall create any warranty not expressly stated herein.

    • Ownaroof.com disclaims all confirmations or assurances, whether expressed or implied, including, but not limited to, the implied assurances of title.

    • Waiver and limitations of liability: User agree that none of 'Ownaroof.com ', its employees or agents, shall in any event be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of, resulting from, or related to: 

      • Any use or any inability to use the services;
      • Cost of procurement of substitute properties and services resulting from any data;
      • information or services purchased or obtained or message received or transactions entered into through or from the services;
      • Unauthorized access to or alteration of your transmission or data;
      • Participant - to - participant disputes; or Other matter relating to services.

      This waiver shall include, but not be limited to, damages for loss of profit, data, or other intangible assets, even if 'Ownaroof.com ' has been advised of the possibility of such damages.

      User agree that none of 'Ownaroof.com ', its employees or agents, shall in any event be liable to User or any one, for the statements or conduct of any third party on the services, including specifically any feedback placed on the 'Ownaroof.com ' website.

    • General compliance with laws

      User should comply with all applicable laws, statutes, ordinance and regulations concerning your participation in, or use of, the services in any capacity, including but not limited to bidding, listing or purchasing properties.

    • Taxes

      User shall be responsible for paying all applicable taxes (including, but not limited to, sales tax, urban development tax, other applicable state taxes regarding property, regardless of whether these taxes are included in any payment to 'Ownaroof.com '). All other customers are responsible for directly submitting any tax required by the laws of their state of residence to the appropriate taxing authority. User agree to hold the ownaroof.com harmless for any taxes and liabilities that arise to your account whether in India or outside India.

    • Foreign transactions

      Foreign participants are responsible for all customs declarations, taxes, duties, or other assessment that may be applicable to a sale or purchase by them. You agree to indemnify and hold harmless the owner from any/all losses, damages, liability, obligations, assessments, suits, actions, proceedings, claims or demands, including costs, expenses, and fees (including reasonable attorney's fees and expert witness fees incurred in connection therewith) arising out of any foreign transaction.

    • License

      By registering with Ownaroof.com , User grant to 'Ownaroof.com ' a non-exclusive, world wide, royalty-free, irrevocable, sub-licensed (through multiple tiers) right and license to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material displayed in your listings or bids.

    • Intellectual Property Rights

      The trademarks or logos being shown on ownaroof.com are shown as submitted by the various sellers. Ownaroof.com shall not be responsible for infringement of any intellectual property rights belonging to persons other than the sellers who posted them, either directly or through their authorised representatives, on ownaroof.com.

    • No resale or unauthorized commercial use

      This agreement, including all the rights and obligations hereunder, shall not be assignable by user without the prior written consent of 'Ownaroof.com '. User also agree not to make any unauthorized commercial use of our services.

    • No Agency

      User agree that neither this agreement nor the use of the services by user creates any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between 'Ownaroof.com ' and any user of the services.

    • Notice

      Any notice to user shall be made in writing by either: (a) e-mail to the address provided by User to 'Ownaroof.com ' during the registration process, and such notice shall be deemed to have been duly given the day it was sent, or the next business day if not sent on a business day; or (b) by post at the address registered with 'Ownaroof.com ' by user during the registration process.

    • User Conduct
      • User conduct - General [In using this site, User agree:]
        • Not to disrupt or interfere with the security of, or otherwise abuse, the site, or any services, system resources, accounts, servers or networks connected to or accessible through the site or affiliated or linked web site.
        • Not to disrupt or interface with any other user's enjoyment of the site or affiliated or linked website.
        • Not to upload, post, or otherwise transmit through or on this site any viruses or other harmful, disruptive or destructive files.
        • Not to use or attempt to use other's account, services or system without authorization from the owner, or create or use false identity on this site.
        • Not to attempt to obtain unauthorized access to site or the portion of the site which are restricted from general access.
        • In addition, User agree that he/she/it shall be solely responsible for actions and communications undertaken or transmitted under its account, and that user will comply with all applicable local, state, national, and international laws and regulations, including Indian laws that are related to User’s use of or activities on this site.
      • User conduct - online communication and other interactive areas

        The site may contain the area where user may post and share comments with other site user on a variety of subjects. User agree that he/she/it will not post or otherwise disseminate on or through the site unlawful, harassing, libelous, abusive, offensive, threatening, or obscene communication or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations; or, that are otherwise objectionable, including without limitations, content that evidence bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against any one. Owner reserves the right but not the obligation to remove any material it deems objectionable. User agree to hold harmless owner and its affiliates and parties with whom owner has contracted for purpose of hosting or maintaining this site from all claims based upon communications made or materials posted by other user or by third parties on this site.

      • Online communication on and through the site

        Except as otherwise provided in our privacy policy mentioned elsewhere on this site, User agree that any communication he/she/it transmit to anyone through the site or copyrighted works they post on the site, including without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase order, quotes, performance data, account information, or other material, data or information (referred to as "Information"), are non-confidential and upon transmission of such information to owner via email or other means User grant to owner an irrevocable, non-exclusive, royalty-free, sub-licensable, worldwide license (including but not limited to a copyright license) to use such information for any purpose.