Terms and Conditions.

Terms and Conditions

This website, www.wallsandstreet.com, (hereinafter referred to as “WallsandStreet”) 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, Sheshadripuram, Bengaluru-560020. These terms and conditions regulating use of these Services constitute a legally binding agreement between wallsandstreet and the User (the “Agreement”).

WallsandStreet 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 , 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 . 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. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of wallsandstreet, 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 for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize wallsandstreet 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.

 

Definitions

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of wallsandstreet (whether on a paid or free basis), and to whom the access to wallsandstreet is restricted by the use of a sign in user name and a password. The user name and password are either allotted by wallsandstreet or chosen by the Subscriber or agreed upon by wallsandstreet. It is made abundantly clear that only the authorised User has the right to access the Services so offered by wallsandstreet.

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

The use and access to wallsandstreet 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 , 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 on the internet through which the user may access information carried by wallsandstreet 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 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 there under.

 

SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

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 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 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 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 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 Cmoda Solutions Private Limited.

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

 

Payment Terms

Payments for the Services offered by wallsandstreet 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. 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 8 hours per day 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 Cmoda Solutions Private Limited.

If you utilize wallsandstreet 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. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of wallsandstreet. Wallsandstreet 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 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 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, what so ever 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 wallsansstreet 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, 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.

 

RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:
• Utilise the Services offered by wallsandstreet in any manner so as to impair the interests and functioning of Cmoda Solutions Private Limited/wallsandstreet and which is non-compliant with laws and regulations including RERDA.
• Access data not intended for you or log into server or account that you are not authorized to access;
• Attempt to probe, scan or test the vulnerability of a system or network;
• Attempt or breach security or authentication measures without proper authorization;
• 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, overloading, Flooding, mail bombing or crashing;
• 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 except as permitted;
• Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on wallsandstreet to any other system. No reproduction of any part of wallsandstreet may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or wallsandstreet, whether in hard copy or electronic format, including postings to any other wallsandstreet or,
• Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from wallsandstreet or link to wallsandstreet, without our express written consent.
• The user shall not utilise the Services offered by wallsandstreet in any manner so as to impair the interests and functioning of Cmoda Solutions Private Limited/ wallsandstreet. 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 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.
• users undertake that the Services offered by wallsandstreet 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 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

Cmoda Solutions Private Limited 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.

 

DISCLAIMER AND WARRANTIES

Cmoda Solutions Private Limited is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF wallsandstreet IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
CMODA SOLUTION 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.

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 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.

 

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, 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.

 

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on wallsandstreet 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.

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 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 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 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 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 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.

 

TERMINATION

Cmoda Solutions Private Limited may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to wallsandstreet(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 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 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.

 

PRIVACY POLICY

The user of wallsandstreet is subject to WallsandStreet Privacy Policy .

 

ARBITRATION

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. If any provision of these wallsandstreet 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.

 

WAIVER

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.

 

GOVERNING LAW

By accessing wallsandstreet you agree that the laws prevailing in India shall be the governing laws in all matters relating to wallsandstreet as well as these terms and conditions.

 

JURISDICTION

Courts at Bangalore, India alone shall have the exclusive jurisdiction in all matters relating to wallsandstreet and these terms and conditions, irrespective of the territory and jurisdiction of your access to wallsandstreet.

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 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.

 

VIOLATIONS

Please report any violations of these terms and conditions to Cmoda Solutions Private Limited at info@cmoda.in