For the purpose of this document, wherever the context so requires “You”‘ or “User” shall mean any natural or legal person who has agreed to become a member of the Site by providing Registration Data while registering on the Site as Registered User using the computer systems. BGA Realtors allows User to surf the Site without registering on the Site. The term “we”, “us”, “our” shall mean BGA Realtors.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature.
Use of the BGA Realtors Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the BGA Realtors Website. If you are a minor, i.e. under the age of 18 years, you shall not register as a member of the BGA Realtors and shall not transact or use BGA Realtors website. As a minor if you wish to use or transact on BGA Realtors website, such use or transaction may be made by your legal guardian or parents who have registered as users of the BGA Realtors website. BGA Realtors reserves the right to terminate your membership and refuse to provide you with access to the BGA Realtors website if it is brought to BGA Realtors’s notice or if it is discovered that you are under the age of 18 years.
Member Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify BGA Realtors of any unauthorized use of your membership password or login or any other breach of security. BGA Realtors will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BGA Realtors or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Links to Third Party Sites
As a convenience, the Site may provide links to third party web sites from the Site. BGA Realtors is not responsible for and does not endorse the informational content or any products or services available on any third-party web site and does not make any representations regarding its content or accuracy. The Site does not control any third party web site, and is not liable for any technological, legal, financial or other consequences that arise out of your visit or transactions there. Your use of third party websites is at your own risk and subject to the terms and conditions of use for such sites. This means that BGA Realtors is not your agent and will not be a party to any contract you enter with such third party sites.
BGA Realtors encourages users to share their actions in BGA Realtors Website including reading, liking, rating, reviewing, purchasing a product on BGA Realtors website in third party social media websites. You understand and agree that such sharing is at your complete voluntary will. You will not hold BGA Realtors liable for any technological, legal or financial consequences that might arise out of such social action of yours. BGA Realtors website provides you option not to share such social actions to any third party social media websites. If you do not wish to share your actions in BGA Realtors website in third party social media websites, you may avail of option of not doing so as provided by BGA Realtors website. You will not hold BGA Realtors for any consequences arising out of your action of not opting for sharing your action at third party social media websites.
BGA Realtors can add, remove or modify any such social actions for sharing in third party social media websites without any prior intimation.
You agree that BGA Realtors may, with or without cause, immediately terminate your BGA Realtors website membership or limit or terminate your access to the Member Area of the Site without prior notice. Without limiting the foregoing, the following may lead to a termination by BGA Realtors of a member’s membership and use of the Site:
Breaches or violations of this Agreement or other incorporated agreements or guidelines,
Requests by law enforcement or other government agencies,
A request by you (self-initiated membership cancellation),
Unexpected technical issues or problems, and
Extended periods of inactivity.
BGA Realtors has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications to this Agreement
BGA Realtors reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Rules Relating to Services
If you use the services that BGA Realtors offers through BGA Realtors Site, you are solely responsible for communications posted by you or through your Account. You agree that violation of any of the following rules constitutes a material breach of this Agreement:
Using the Service for any purpose in violation of local, state, national, or international laws;
Providing false information on your registration form or impersonating any person;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Posting or transmitting any information, data, text, files, links, software, images, videos, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, libellous, paedophilic, pornographic, portrays “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, invasive of another’s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by BGA Realtors in its sole discretion;
Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, “junk mail,” “Spam,” “chain letters,” or any unsolicited mass distribution of email;
Posting surveys, contests, sweepstakes, barter, advertisement or pyramid schemes;
Posting contents that solicit gambling or engage in any gambling activity
Posting contents that contain “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
Posting improper questions or answers that are not related to the particular topic;
Stalking, harassing, or otherwise harming others;
Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation the Site or of another’s computer;
Collecting or storing personal data about other users of the Site;
Inducing, enticing, soliciting, recruiting, luring, or attempting to induce, entice, solicit, recruit, or lure users or experts to another web site which, in BGA Realtors’s reasonable determination, is a competitor of BGA Realtors
Posting negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms BGA Realtors, BGA Realtors.com, www.bgarealtors.com, bgarealtors.com, bga realtors or otherwise engage in any conduct or action that might tarnish the image or reputation, of BGA Realtors or BGA Realtors, or its suppliers or otherwise tarnish or dilute any BGA Realtors’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us including that duly licensed from BGA Realtors. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or BGA Realtors’s systems or networks, or any systems or networks connected to BGA Realtors.
Engaging in any other conduct that inhibits any other person from using or enjoying the services of BGA Realtors Site;
Engaging in any other behaviour on the Site, which in BGA Realtors’s sole discretion is unacceptable.
BGA Realtors may (but is not obligated) to remove Content for any reason, with or without notice to you, including without limitation Submissions (as defined below) that do not conform with the Terms and conditions and terminate your access to the Site.
Your Representations & Warranties
You represent and warrant for the benefit of the Site and the Site’s licensors, suppliers, and any third parties mentioned on the Site that:
You are at least 18 years of age
You possess the legal right and ability to enter into and make the representations and warranties contained in this Agreement;
All information that you submit to us is true and accurate;
You will keep your registration information current;
You will be responsible for all use of your Account even if such use was conducted without your authority or permission (for example, and not by way of limitation, if an unauthorized third party submits or answers a question under your Account);
You will not use the Site for any purpose that is unlawful or prohibited by this Agreement (for example, and not by way of limitation, abiding by the Terms and conditions);
All Submissions are owned by you and BGA Realtors use of the Submissions does not infringe or violate the intellectual property or other rights of any third parties;
You will not use BGA Realtors website to provide suggestions which are in violation to any country, state or international law;
You will not use BGA Realtors website to promote any brand, product or service provider
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on BGA Realtors website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Site you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Site. Please carefully select the type of information that you publicly disclose or share with others on the Site.
You agree to defend, indemnify and hold harmless BGA Realtors, its members, officers, directors, partners, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
Limitation of Liability and Remedies
In no event will BGA Realtors and its licensors, suppliers and service providers be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary damages, or any and all other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of data, personal injury, failure to meet any duty including acts of good faith or of reasonable care, lack of negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way connected with the use or performance of the Site, the delay or inability to use this Site, or this agreement, even in the event of fault, tort (including negligence), strict liability, breach of contract, or breach of warranty of BGA Realtors and even if BGA Realtors has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason, your exclusive remedy for all of the foregoing will be limited to discontinuing your use of the Site. These limitations and exclusions regarding damages will apply even if any remedy fails.
Posting and Use of Content
There are various areas in BGA Realtors website such as blogs, blog posts, queries and answers, community areas, such as discussion forums and member areas, where members may post messages, reviews, rate or like a product, post images, videos and other content (“User Submissions”). If you are a member, you (or the author) owns the copyright in the messages, images, videos and other content you post in the Member Area, but by posting such content within User Submissions to the Member Area you grant BGA Realtors and our affiliates the right to use, copy, display, perform, distribute, translate, edit, and create derivative works of your User Submissions for purposes as market research, data analytics, etc. Such use will necessarily be without reference to any named person or photographs or videos where a named person can be visually identifiable. BGA Realtors will have the rights to repost the material posted in BGA Realtors website on “as is” basis to other social networking and social bookmarking sites. BGA Realtors has no obligation to pre-screen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.
You agree not to disclose to any person or entity personally identifiable information about other members that you encounter while using this Site (whether posted in the Member Area by a member or emailed to you by a member) without the express consent of such member. You may disclose information of a general nature (that could not identify the member who provided such information or whom such information is about) to third parties outside this Site, subject to the above restriction on non-commercial use.
The images and videos published on a product or service in the Site may not represent the exact product or service. BGA Realtors does not take any liability on any decision taken to purchase the product or service based on such images or videos.
All posts, blogs, reviews, likes, ratings, images, videos posted in the Site reflect the views of individual users in the Site making such a post. BGA Realtors does not endorse or refute any of these views nor does it claim any right on such views. BGA Realtors does not take any liability on any decision taken to purchase the product or service based on such posts.
BGA Realtors uses the information received in the Site through various user submissions to generate information and analytics for general benefit and use of all users. Such information will necessarily be without reference to any named person or photographs or videos where a named person can be visually identifiable. BGA Realtors does not vouch for accuracy of such information, nor is liable for any decision taken by the user based on such information and any damages incurred by the user in this process.
Membership on the BGA Realtors Website is free. There is no charge or fee for browsing and buying products on the Website. However we reserve the right to charge fee and change its policies from time to time. In particular, we may at our sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event we reserve, without notice to you, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to us.
If any provision of the Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in relation to this Agreement shall be governed by, and construed in accordance with the prevailing laws of Republic of India. All parties signing this Agreement irrevocably submit to the exclusive jurisdiction of Kolkata High Court of Republic of India.