Terms and Conditions
This website, www.wallsandstreet.com, (hereinafter referred to as “wallsandstreet.com”) is owned, hosted and operated by Cmoda Solutions Private Limited, a company incorporated in India under the Companies Act, 1956 and having its registered office at #24,1st Floor,Benaka Complex,2nd cross,Sirur park road,Seshadripuram,Bengaluru-560020. These terms and conditions regulating use of these Services constitute a legally binding agreement between wallsandstreet.com and the User (the “Agreement”).
Terms and Conditions
wallsandstreet.com and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING wallsandstreet.com, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE wallsandstreet.com IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( www.cmoda.in )
Cmoda Solutions Private Limited may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on wallsandstreet.com You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of wallsandstreet.com, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Cmoda Solutions Private Limited may also suspend the operation of wallsandstreet.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize wallsandstreet.com in a manner inconsistent with these terms and conditions, Cmoda Solutions Private Limited may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of wallsandstreet.com (whether on a paid or free basis), and to whom the access to wallsandstreet.com is restricted by the use of a sign in user name and a password. The user name and password are either allotted by wallsandstreet.com or chosen by the Subscriber or agreed upon by wallsandstreet.com It is made abundantly clear that only the authorised User has the right to access the Services so offered by wallsandstreet.com
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by wallsandstreet.com, without the need or a requirement to create an account i.e. visits non-restricted portions of wallsandstreet.com
The use and access to wallsandstreet.com shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an ‘unauthorised user’ and will nevertheless be subject to the terms and conditions regulating the usage of wallsandstreet.com, and expressly so with respect to respecting the intellectual property rights of the Cmoda Solutions Private Limited, and abiding by terms and conditions below mentioned.
The terms ‘User’ and ‘Customer’ would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)
The terms ‘Service’ or ‘Services’ would mean to include the interactive online information Service offered by wallsandstreet.com on the internet through which the user may access information carried by wallsandstreet.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 wallsandstreet.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.
The term 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.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property’s data to wallsandstreet.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 the User’s website or on wallsandstreet.com 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 User in addition shall furnish a brief background of such property in respect of title, ownership and possession, Cmoda Solutions Private Limited may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Cmoda Solutions Private Limited may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, Cmoda Solutions Private Limited may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. Cmoda Solutions Private Limited will, 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 User’s website or the wallsandstreet.com website. Cmoda Solutions Private Limited shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on wallsandstreet.com and Cmoda Solutions Private Limited shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
(a) to represent and warrant that all Properties and associated information provided by the User will be accurate;
(b) that the User will not permit the posting of a property on wallsandstreet.com under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
Cmoda Solutions Private Limited reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User’s website or on wallsandstreet.com without notice. Cmoda Solutions Private Limited accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While Cmoda Solutions Private Limited 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 wallsandstreet.com
Users, who are buying/renting property/properties through wallsandstreet.com, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payments for the Services offered by wallsandstreet.com shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Cmoda Solutions Private Limited. Cmoda Solutions Private Limited offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that Cmoda Solutions Private Limited / wallsandstreet.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to Cmoda Solutions Private Limited under any other agreement or commercial relationship towards other products/services. Cmoda Solutions Private Limited gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Cmoda Solutions Private Limited. undertakes no liability for free Services. Cmoda Solutions Private Limited. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Cmoda Solutions Private Limited uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway Cmoda Solutions Private Limited does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Cmoda Solutions Private Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Cmoda Solutions Private Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
Cmoda Solutions Private Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in failed transactions
Though Cmoda Solutions Private Limited payment reconciliation team works on a 24 x 7 basis, Cmoda Solutions Private Limited offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of wallsandstreet.com
If you utilize wallsandstreet.com in a manner inconsistent with these terms and conditions, Cmoda Solutions Private Limited may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service (“Content”) as proprietary to wallsandstreet.com User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of wallsandstreet.comwallsandstreet.com does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User’s own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trade marks and Service marks (“Marks”) appearing in wallsandstreet.com are the properties either owned or used under license by Cmoda Solutions Private Limited and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Cmoda Solutions Private Limited / its associates. The access to wallsandstreet.com does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
Cmoda Solutions Private Limited respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Cmoda Solutions Private Limited shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using wallsandstreet.com as a platform to infringe the Intellectual Property Rights of others, Cmoda Solutions Private Limited will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access wallsandstreet.com, Cmoda Solutions Private Limited grants the Users a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
You hereby expressly agree not to:
(a) Utilise the Services offered by wallsandstreet.com in any manner so as to impair the interests and functioning of Cmoda Solutions Private Limited / wallsandstreet.com and which is non-compliant with laws and regulations including RERDA.
(b) Access data not intended for you or log into server or account that you are not authorized to access;
(c) Attempt to probe, scan or test the vulnerability of a system or network;
(d) Attempt or breach security or authentication measures without proper authorization;
(e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to wallsandstreet.com, overloading, Flooding, mail bombing or crashing;
(f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in wallsandstreet.com except as permitted;
(g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on wallsandstreet.com to any other system. No reproduction of any part of wallsandstreet.com may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or wallsandstreet.com, whether in hard copy or electronic format, including postings to any other wallsandstreet.com; or
(h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from wallsandstreet.com or link to wallsandstreet.com, without our express written consent.
(i) The user shall not utilise the Services offered by wallsandstreet.com in any manner so as to impair the interests and functioning of Cmoda Solutions Private Limited / wallsandstreet.com The user undertakes not to duplicate, download publish, modify and distribute material on wallsandstreet.com unless specifically authorised by Cmoda Solutions Private Limited in this regard. The user undertakes not to establish any deep link or other connection to any specific page of wallsandstreet.com other than the Home Page without obtaining prior consent of Cmoda Solutions Private Limited. Cmoda Solutions Private Limited strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
(j) users undertake that the Services offered by wallsandstreet.com shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Cmoda Solutions Private Limited is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by Cmoda Solutions Private Limited to relay emails. All attempts shall be made by Cmoda Solutions Private Limited and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to wallsandstreet.com or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
belongs to another person and to which the user does not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
wallsandstreet.com may provide links to other third-party World Wide Web sites or resources. Cmoda Solutions Private Limited makes no representations whatsoever about any other Web site you may access through wallsandstreet.com
DISCLAIMER AND WARRANTIES
wallsandstreet.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF wallsandstreet.com IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CMODA SOLUTIONS PRIVATE LIMITED AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF wallsandstreet.com
Views expressed by the Users are their own, Cmoda Solutions Private Limited does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, merchandise and other information provided through the website. Cmoda Solutions Private Limited does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Cmoda Solutions Private Limited does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in Cmoda Solutions Private Limited or any of its Affiliates. Further, nothing contained in wallsandstreet.com should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Cmoda Solutions Private Limited makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
wallsandstreet.com is controlled and operated from India and Cmoda Solutions Private Limited makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use wallsandstreet.com from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
Cmoda Solutions Private Limited offers products, Services, content and various other functionalities through wallsandstreet.com and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Cmoda Solutions Private Limited does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on wallsandstreet.com may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that Cmoda Solutions Private Limited intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
Cmoda Solutions Private Limited will not be liable for any damages of any kind arising out of or relating to the use or the inability to use wallsandstreet.com, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Cmoda Solutions Private Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User’s data/information. Cmoda Solutions Private Limited shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person’s computer related to or resulting from participating or downloading materials/information from the website.
Cmoda Solutions Private Limited may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to wallsandstreet.com (or any part thereof) for any reason, including, without limitation, that Cmoda Solutions Private Limited based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
Submissions and unauthorized use of any information(s)/materials contained on wallsandstreet.com may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, Cmoda Solutions Private Limited and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of wallsandstreet.com material or your breach of these terms and conditions or any applicable law.
Cmoda Solutions Private Limited will not be party to any legal proceedings between parties contracted through these Services. In case Cmoda Solutions Private Limited is sought to implicated in any legal proceedings, costs will be recovered from the party that names Cmoda Solutions Private Limited as a party to such proceedings. Cmoda Solutions Private Limited shall abide with any court order served on it through due process.
If any dispute arises between a user/users and Cmoda Solutions Private Limited arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Cmoda Solutions Private Limited. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and Cmoda Solutions Private Limited governs your use of wallsandstreet.com If any provision of these wallsandstreet.com terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
The failure of Cmoda Solutions Private Limited to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing wallsandstreet.com you agree that the laws prevailing in India shall be the governing laws in all matters relating to wallsandstreet.com as well as these terms and conditions.
Courts at Bangalore, India alone shall have the exclusive jurisdiction in all matters relating to wallsandstreet.com and these terms and conditions, irrespective of the territory and jurisdiction of your access to wallsandstreet.com
Cmoda Solutions Private Limited does not routinely monitor your postings to the web site but reserves the right to do so. However, if Cmoda Solutions Private Limited becomes aware of an inappropriate use of wallsandstreet.com or any of its Services, Cmoda Solutions Private Limited will respond in any way that, in its sole discretion, Cmoda Solutions Private Limited deems appropriate. You acknowledge that Cmoda Solutions Private Limited will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Cmoda Solutions Private Limited will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Cmoda Solutions Private Limited reserves all other rights.
Please report any violations of these terms and conditions to Cmoda Solutions Private Limited at email@example.com
- Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
“User” or “You” means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
“Company”: Is defined as Cmoda Solutions Private Limited an existing Company under the Companies Act, 1956 and having its Registered office at #24, 1st Floor, Benaka Complex, 2nd Cross Sirur park Road, Sheshadripuram, Bangalore-560020, along with its unit for the Company’s website Wallsandstreet.com
“Date of Commencement”: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in its notice to the user either through e-mail or conventional mail.
“Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
“My Subscriptions”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website Wallsandstreet.com
“Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User’ s name, telephone number, mailing address, account and email address.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
“Services”: Means the Services to be provided by the Company to the User of Wallsandstreet.com
and shall include the provision of following facilities:
Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
Service to the Users who wishes to secure a property through Wallsandstreet.com and its Internet links.
Service to the users who wishes to place a print advertisement in any of the group publications through the http://www.wallsandstreet.com/ site.
Service to the Users who wishes to insert advertisements at Wallsandstreet.com.
Service to the Users who wishes to receive advertisements and promotional messages on http://www.wallsandstreet.com/ and through emails.
“Wallsandstreet.com ”: Is defined as the Internet web site of the Company at www.wallsandstreet.com
”User”: Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees
- Commencement of Service
The Service shall be deemed to have commenced on the Date of Commencement of service.
III. Subscription Fees
The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the “My Subscriptions” page or as may be prescribed by the Company from time to time
Liability for the Subscription Fees shall accrue from the Date of Commencement.
All individual Users who access or make postings of information at Wallsandstreet.com for the purpose of buying property shall be exempted from the application of this clause.
- Payment & Refund clause
For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis, considering the usages of the services. Customer agrees that the refund process would take at least 21 days after the complete documentation has been received by the Finance team for processing such refund.
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.
The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest.
Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
- Charge Back Policy
Payment for the services offered shall be on 100% advance basis.
Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
Refund if any will be at the sole discretion of Cmoda Solutions Private Limited only.
User acknowledges and agrees that Cmoda Solutions Private Limited at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to Cmoda Solutions Private Limited under any other agreement or commercial relationship towards other products/services.
Cmoda Solutions Private Limited offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
Company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.
For Platinum listing packages, there shall be no cancellation or refund of orders booked/payments made via online payment options (except in the case of Cheque & Demand Draft). Cancellations requests for orders placed via cheque/demand draft can be made only before such payment is realized by Cmoda Solutions Private Limited.
VII. Obligations of User/Subscriber
The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
The user agrees that any data entered into herein will be subject to mandatory verification process by Cmoda Solutions Private Limited.
Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Wallsandstreet.com service.
The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
The User shall keep confidential and not disclose to any person the User’s password and user identification and all activities and transmission performed by the User through his user identification.
The User shall immediately notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
Wallsandstreet.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with Wallsandstreet.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
The User will indemnify Cmoda Solutions Private Limited for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
“Cmoda do not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). Cmoda Solutions Private Limited however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaint should be addresses by email at firstname.lastname@example.org or intimated by phone at 9535833147”
“The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by Cmoda Solutions Private Limited as deemed fit by them”.
“User of the website agrees to indemnify and keep Cmoda Solutions Private Limited indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party”
VIII. Prohibited Actions
User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service
The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
The User shall use the Service only for the purpose for which it is subscribed.
The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
The User shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Wallsandstreet.com except such data and information which is posted by the particular User himself.
The User shall not share the Service with any person without the prior written approval of the Company.
The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
The User shall be prohibited if they persistently send messages or make postings on Wallsandstreet.com to any other User or third party who access Wallsandstreet.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
The User shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by the User to Wallsandstreet.com with the exception of trading data, credit card numbers, checking account numbers, etc. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Wallsandstreet.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
User agrees not to make use of anyone else’s Information other than as necessary to complete any transactions in which you are involved.
The User shall not violate, or attempt to violate the security of Wallsandstreet.com and/or any web sites linked to Wallsandstreet.com or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Wallsandstreet.com network system.
The Users shall avail the Service on Wallsandstreet.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Wallsandstreet.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Wallsandstreet.com site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that –
Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
- Confidentiality & Security
To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
It is agreed by the User that he acquire s no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from Wallsandstreet.com database without prior consent from Wallstreet in writing.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to Wallsandstreet.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
It shall be on the discretion of the Company that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
However, the Company irrespective of clause 1 and 2 above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever
(a) if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
(b) if, in the opinion of the Company or/and any regulatory authority, it i s not in the public interest to continue providing the Service to the User for any reason or/and,
(c) if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights:
XII. Liabilities upon Termination
If the Agreement is terminated pursuant to clauses set out in XI above, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination.
The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of the relevant Date of Termination.
XIII. Suspension of Service
If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.
Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
XIV. Moneyback Policy
Moneyback can be initiated by a User, using the Feedback link on Wallsandstreet.com or by writing to email@example.com by calling the customer care number, if the User is unsatisfied with the responses received against a Listing posted using the Moneyback Package provided by the Company.
For claiming any moneyback, there should be atleast one property posted using the package.
User shall be first offered an extension of duration for the Listing that was posted using Moneyback Package for Free, to evaluate the responses again.
If the user is still not satisfied with the responses offered after the duration is extended, Moneyback shall be initiated by the Company.
Moneyback can be initiated within the lifetime of the listing (i.e. 60 days from date of posting).
Moneyback can only be initiated against the same Order ID & Customer Name as mentioned during Order Booking.
Order Booking should be in the Client’s name as the refund will be processed in the same name.
For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.
Refunds will be processed within 30 business days from receipt & acceptance of all relevant documents.
- Violation of Terms & Conditions
If the Company, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Company may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. Company could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. Wallsandstreet.com will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If Company believes in its sole discretion that any advertisement or/and services may create liability for Company, Company may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, Company reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
Disclaimer of Warranties: The User shall agree that use of the service e is at the user’s sole risk. The service is provided on an “as is” or/and on an “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Company makes no warranty that the service shall meet user’s requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does Wallsandstreet.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.
Wallsandstreet.com is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the services availed by end user from third party service providers on or beyond the platform of Wallsandstreet.com.
For any third party product or service which customer/user will buy through Wallsandstreet.com, the customers/users of services shall take full responsibility to deal with third parties respective vendors at their own risk, cost and liability.
There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services of Wallsandstreet.com.
Company will not be liable for any time difference arising between a message released through a gateway/ server ( provided to Wallsandstreet.com ) and such message finally reaching the End User from the concerned service provider.
The Company shall not be liable for any disclosure of information concerning the User’s account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition The Company shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.
In case the there is any loss of information, caused due to any reason, weather as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service.
All information are accepted in good faith and Company accept no responsibility whatsoever regarding the bonafide of the user, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
The Company does not warrant that Wallsandstreet.com or any of the web sites linked to Wallsandstreet.com be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.
It is not the Company’s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through Wallsandstreet.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or Wallsandstreet.com and/or the internet.
Company is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Company screen or/and censor or/and otherwise control the Users of its service. Company cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Wallsandstreet.comwill complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Company does not accept or/and assume responsibility for the content or/and context of the user comment.
If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Company has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more User/s or/and participant/s, the User hereby undertake s not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the company or/and their officers or/and employees or/and agents or/and successors.
The User understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user’s own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
No advice or or/any information, whether oral or/and written, obtained by the User from Wallsandstreet.com or/and through or/and from the service shall create any warranty not expressly stated herein.
In case a visitor to the portal is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such site visits. The Company shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Advertiser in this regard.
The website’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the User to the Company’s website or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.
This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom
The Platinum Listing is listed for a period of two weeks only from the day the Order is activated. Company shall not be liable for any delay arising from the User’s end in conversion of their property listing to Platinum Listing, resulting in the Platinum Ad listing not being showcased for the complete period of two weeks. This package cannot be transferred, adjusted or reimbursed.
Company shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. Wallsandstreet.com will not be responsible for any claims arising out of the use of any information displayed herein.
XVII. Limitation of Liability
User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
Company shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the wallsandstreet.com mobile application on your mobile phone.
XVIII. Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
Use for the company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
Retain all data or/and information supplied by the User while using the Service to remain at Wallsandstreet.com for the exclusive use of the Company in accordance with service agreement with the user, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put do