TERMS OF SERVICE

1. General

www.customisedhomes.com”,“customisedhomes.in”, “customizedhomes.co.in”, “customizedhome.in”, and their related mobile application “Customised Homes” (hereinafter collectively referred to as the ”Website” (hereinafter, the “Website”) is owned and operated by Customised Homes Private Limited, a private limited company incorporated under the Companies Act, 2013 having its registered address at B/ 1702, Sweet Home, SVP Nagar, Andheri (W), Mumbai, India (hereinafter referred to as the “Company”).

You are advised to read and understand these Terms carefully as moving past the home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies, which constitute a legally binding agreement between you and the website. These terms are to be read along with the Privacy Policy and any other policies on the website.

In terms of Information Technology statutes, this document is an electronic record, under the laws of India. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website.

For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires "You", “Your”, “Yourself”, “They”, “Their”, “His”, “Her” (or) specifically as “End User”, “Service Provider”, “Advertiser”, “Visitor”, “Vendor”, “Consultant” (hereinafter, the "User") as the case may be, shall mean any natural or legal person who has agreed to become a User of the Website by accessing the Website. The Users of this Website shall be assigned the following meanings as follows:

  1. End Users: Anyone and everyone who visits the Website to obtain information about various resources required for creating customised homes.
  2. Advertisers / Service Providers: Users that register with Us for offering/promoting their services or products on Our Website. This category of Users include but are not limited to the following:
    1. Property Sellers: Property Sellers (hereinafter also referred to as “Sellers”) are users who register with us for the purpose of selling/reselling residential plots through free or paid classified listings, advertisements or any other medium or platform provided by Us. The Sellers include real estate brokers, land developers and individual owners and anyone who intends to use the Website for sale & promotion of residential plots.
    2. Consultants/Professional Service Providers:  Consultants are Users that register with Us for the purpose of offering professional services in the field of designing, project management, statutory liasoning, legal aspects and all other matters related to designing & management of construction/remodelling of houses to a willing client through free/paid classified listing or any other medium or platform provided by Us. Consultants or Professional Service Providers (hereinafter known as ”Consultants”) are agencies or individuals who provide design or project related consultancy & management services for housing. These Consultants are from trades including but not limited to, architecture, interior design & decoration, structural & civil engineers, landscaping consultants, liasoning agencies, legal professionals, vastu experts etc.
    3. Contractors & Applicators: The Contractors/Applicators (hereinafter referred to as ”Contractors”) are Users that registered with us for the purpose of offering execution & contracting services for housing through  free/paid classified listing or any other medium or platform provided by Us. The Contractors may offer their services for trades including but not limited to civil construction, painting, tiling, electrician, plumbing, woodwork, false ceiling, home security systems, etc on turnkey basis or labour basis.
    4. Vendors: The Vendors are Users that register with Us for the purpose of selling & promoting materials required for construction and remodelling of homes through free or paid classified listings, advertisements or any other medium provided by us. The Vendors may be manufacturers, retailers & distributors from trades including but not limited to Sanitary & bath ware, flooring materials, paints, false ceiling solutions, doors & windows, hardware, electrical fittings & appliances etc.

The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.

The term "We", "Us", "Our" shall mean the Company.  “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. “Services” shall mean and refer to the providing of information and access to web-based resources which may be required for building or remodelling housing buildings. “Third Party” shall mean and refer to any individual(s), company or entity apart from the User and the Company.

The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of Our Website is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this Agreement and any policy so mentioned by terms of reference. If You do not agree with any of these terms, please discontinue using the Website. In case You are a minor, this Terms of Service is deemed to have accepted by You under parental guidance or a legal guardian.

We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without registration following such change, this is deemed as consent by You to the so amended policies. Your continued use of the Website is conditioned upon Your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

2.Services Overview

The Website is a web-based platform providing a variety of housing related information. Products and services made available through the Website includes but not limited to (a) listing of residential plots by real estate brokers, land developers and individual owners; (b) listings of and by architects, interior designers, engineers, and all other professional service providers who are involved in providing consulting services to the End User; (c) classified listings of vendors, building material manufacturers, contractors & applicators; (d) readymade house plans, services for municipal approvals of house plans, customized house plans, design services, cost estimation, information on building rules and all other related services; (e) Advertisement spaces on our website and mobile platforms for willing advertisers to offer their products and services to the End User; (f) expert advice on various aspects of housing like vastu, building bye-laws, material selection, etc. through guest or empanelled advisors; (g) A User will also find User generated reviews and ratings of all the above mentioned services, service providers, materials, etc. (h) Providing an online market place for housing & building professionals and businesses dealing in housing & construction related products & services to sell their respective products & services through the Website.

 

3.MEMBERSHIP

Registration is mandatory for the Users to fully avail Our Services. Unregistered Users may access the open content of the Website. The User may register on the Website directly and may also register with the Website using social media sites such as but not limited to Facebook, Twitter, Google+ and Yahoo(hereinafter collectively known as “Social Media”). The User agrees to abide by all the terms & conditions, and any changes thereof, of the relevant social media sites in addition to the Terms & Conditions mentioned in this document.

Membership of this website is available only to those above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian.  We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.

. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your username and password, and any activity under the account shall be deemed to have been done by You. Any information provided by the Users are self-declared and not verified by the Company. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account.

 

4.DISCLAIMER REGARDING SERVICES

Our services may be located on Third Party servers, may use Third party links, it may be paid or free. The End User shall be responsible for checking the accuracy of the data provided; while We have put in our best efforts to verify, We do not guarantee the accuracy or genuineness of the data posted on the Website.  By using / accessing Our services You hereby declare to agree to these Terms & Conditions. We reserve the rights to provide the End User leads to the Sellers, Consultants, Contractors, and Vendors.

 

The content and the information on the Website, published either by the Users, Third Parties or our in-house experts, is provided in good faith. Even though great care has been taken to provide you with accurate & correct information, errors might be there. We do not claim to be accurate or correct. This is a portal that gives cursory information that should be used as initial reference. The User should do his own due diligence through professional consultants before using the information published here. We can and You hereby expressly authorize Us to disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other Users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You are required to report such offensive content to Us and not to publicize the same in any social media.

 

While We provide access to applicators, contractors, Vendors etc., we do not endorse their conduct, behaviour and performance. We disclaim any warranty or guarantee with respect to services or products offered by the Advertisers, Third Party Websites & Vendors / Service Providers enlisted on Our Website. The User shall deal with them at their own risk. We do not represent or claim in any manner that:

  1. the information, data or contents of the website are accurate, correct and current;
  2. the website will be available at all times and will operate error free or that there will be uninterrupted access and service;
  3. the integrity of the information on the website or information you upload will be maintained;
  4. we endorses any of the views of any of the Users who may have posted content;
  5. we have verified or guarantee the quality of services or representations made by any User of the website;
  6. we have verified the credit worthiness of any User;
  7. we have screened or verified any of the information posted herein; and
  8. the website or any content is free from viruses or other malware.

By using this Website, the User agrees to acknowledge and honour the following rights reserved with the Website:

  1. The legality, accuracy, proprietary, appropriateness of the content posted / published by the Users is their responsibility. However, We reserve the right to monitor, accept, delete or take any appropriate action as it deems fit to keep objectionable content off its Website.
  2. We reserve the right to accept, reject or delete any User registration / account at its own discretion without giving any reason thereof.
  3. Unless expressly agreed & mentioned, by posting / publishing content on Our Website, the Users agree to grant an unconditional , irrevocable and free of cost license to Us to use the material published on the Website in any way it deems fit. We assume the rights to use the material published on the Website in manners including but not limited to sublicensing, publishing, providing improvement & advanced services for free or at cost, publish, reproduce, display , adapt , modify and in any other way it deems appropriate,  and the Users hereby declare that they will not raise any objection to the same. The User content includes information, but not limited to, ratings and reviews, floor plans and related details, interior design concepts, expert advice etc.
  4. We reserve the right to transfer leads to Service Providers relevant and related to the parameters of search made by the End User on the Website.
  5. We also reserve the right to publicly display the User content on the Website. Mobile platform and other platforms and those Users acknowledge Our right to do so.
  6. We reserve the right to change, modify, remove, alter our Website, services, content, user interface, terms & conditions, privacy policy or any other part as we may deem fit without any notice to the Users.

 

5.RESPONSIBILITIES OF THE SERVICE PROVIDER

The Service Providers might be granted access to manage their own account for the purpose of uploading, modifying designs, products, user profiles, promotional offers, etc. (collectively known as ”User Content” or ‘Content’). You hereby agree & declare to only publish Content that is either your own or you have a legal license to post. You shall not publish unauthorized Content. The Users hereby take the full responsibility of the proprietary, authenticity & currency of the posted content & indemnifies customisedhomes.com against any losses, suits, claims, damages or any other adverse effects arising out of impropriety, invalidity, illegality, inaccuracy, misrepresentation & untruthfulness of the content posted by them.

 

The Service Providers undertake to declare accurate information regarding their professional titles, eligibility (legal or otherwise) to provide services being offered through the Website, affiliation & membership details & their accuracy, their capability, available resources, relevant experience or any other information that can be used by an End User or visitor to make a decision regarding availing your services. Customisedhomes.com shall not be responsible for any inaccurate, incomplete, untruthful, or misrepresented information by the Service Providers.

The Service Providers providing house design services may be required to post free house plans on the Website. The house plans might bear the branding of the sponsor Service Provider so that the End User is aware of the creator of the design. The Service Providers undertake to provide the house plans to be as per the bye laws of the city under reference. The Service Provider shall also provide accurate details about the plans in the format mentioned on the Website. The Service Provider shall be responsible for the accuracy of the details pertaining to the bye laws, areas mentioned, drawings and all other data required to be disclosed in the prescribed format on the Website. These plans shall be viewed and used by the End Users free of cost on as is basis. The Users may or may not decide to contact the sponsor Service Provider for availing further services. Customisedhomes.com reserves the right to monitor, modify, delete the house designs uploaded by the Service Provider. The Website admin may also notify the Service Provider of any errors in the designs or details and the Service Provider shall rectify the same within 2 working days of the receipt of such notice from the admin.

The Service Providers may from time to time upload commercial & promotional offers related to the materials being promoted on the Website. The offers may include standard rates for products & services, discount on MRP of products, free or discounted delivery, installation, etc. or any other promotional offer they deem fit.  The Service Provider shall be responsible for honoring the offers posted by them, accuracy of the offers, taking them down on expiry of validity or updating as the case may be. Customisedhomes.com will not be responsible for any damages, loss, suits, claims from / to any party, arising out of issues relating to offers posted by the Service Provider and the Service Provider agrees to indemnify customisedhomes.com regarding the same.

 

6.TERM/TERMINATION

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.

You may terminate Your use of the Service at any time by ceasing to use the Service. We may terminate these Terms and close Your account at any time without notice, if we cease to provide the Services. We may suspend or terminate Your use of and access to the Website at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against You that we consider appropriate. However this is applicable only for the End Users. Termination for the Service Provider is subject to the Service Level Agreement signed by the Service Provider.

7.Security

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. We take utmost care in protecting any and all information entered on the Website. You agree and understand that, We shall not be held liable for any leak of information due to any situation which is not under Our control.

8.PRICING

The membership of this Website is free and this includes the browsing of the site and the use of the services. However, We reserve the right to amend the charges for the services rendered. In a case that such happens, Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Site. If you have opted for Our Premium Services, You agree to pay the applicable fee of such services which are mentioned on the Website. Failure to pay such applicable fee shall result in the termination of Your use of the Premium Subscription.

 

9.COMMUNICATIONS AND ADVERTISEMENTS

Any and all information posted by any Users, the Company has the right to use this Content for promotions or marketing purposes. Our Website may provide/use Third Party links for delivering our services and provide information to the End Users. The third party sites/agencies may be involved in cases including but not limited to display of advertisements from Third Parties intending to promote and sell their products & services (or the “Advertisers”). By using this Website, it is deemed that You have consented to receiving telephonic calls, SMSs and/or emails from Us at any time we deem fit. We shall reach out to communicate with You and enhance Your experience while using the Website. From time to time, the Company may display server advertisements within the Website and also during the use of the Website. These advertisements shall also inform You about the new products and services released by us.

These communications include, but are not limited to contacting You through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. These communications shall be sent to You on the telephone number and/or email id provided by You for the use of this Website which are subject to our Privacy Policy.  In case You wish to stop receiving notifications from Us with regard to marketing and promotional calls with regard to any communication received from Us, You are required to send an email to complaints@customisedhomes.com.

You may also be contacted by Service Providers with whom We have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom You have come in contact with from the Website. Such contact shall be made only in pursuance of such objectives, and for no other purpose..

In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to, statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.

 

10.USER’S OBLIGATIONS

As a User, You understand and agree that You are a restricted User of this Website. You shall not engage in advertising to, or in solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Service to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent.

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. You are obligated to follow the following:

a.         You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

b.         You agree not to access (or attempt to access) the Website or Services by any means other than through the interface that is provided by the Website. The use of deep-link, 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 Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is strictly prohibited. c.      In places where this Website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and is in accordance with applicable laws.

d.        Further, you undertake not to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others.

e.          Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website).

f.        Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

g.      Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" under the relevant laws of India.

h.         Post any file that infringes the copyright, patent or trademark of other legal entities.

i.          Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer.

j.          Download & share / distribute any file posted by another User that you know, or reasonably should know, cannot be legally distributed in such manner.

k.         Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;

l.          Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;

m.       Collect or store data about other Users in connection with the prohibited conduct and activities set forth in this Section;

n.         Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;

o.         Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service or any applicable laws or regulations for the time being in force within or outside INDIA;

p.         Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;

r.         Threaten the unity, integrity, defense, security or sovereignty of INDIA or any other country, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;

s.         Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside INDIA;

t.          Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

u.         Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.

11.THIRD PARTY WEBSITES

By using this Website, the Users agree to the following terms & conditions pertaining to the third party sites:

  1. We may permit the User to register and sign in on our site using the Social Media sites. If the User wishes to do so, the User agree to abide by all the terms & conditions, and any changes thereof, of the relevant Social Media sites in addition to the Terms & Conditions mentioned in this Agreement.
  2. The Advertisers and other Users may post content promoting their products and services. Such content may also include links to their Website. While we prohibit and discourage transmission & publication of any harmful, inappropriate, illegal or malicious content on or through Our Website, and that it is our endeavour to constantly monitor Our site to prevent any such material being published or transmitted, we do not assume any liability or obligation to prevent transmission of such objectionable material through third party websites. The Users, if they come across such material, can report it to complaints@customisedhomes.com. We shall do our best to resolve the issue at the earliest.
  3. Any Third Party information, link, brochures, advice, User ratings and any other content posted by the Third Party or in reference to the Third Party on Our Website is for informational purpose only and in no way constitute or signifies our endorsement, sponsorship , recommendation of the third party and its content. The User shall use his/her better judgment or professional advice before using any material or before getting into any transaction with any party based on the published content. We do not provide any guarantee or warranty , neither do we assume any liability in case of any loss or damage that you may incur in using the content or information on as is basis or in dealing with any Third Party having a presence on our Website.
  4. the User shall assume all risks related to any transaction and dealing with the Third Party websites link present on or through our Website. The User understands & agree that the any transaction with the Third Party websites happens outside the purview of our Website and that we have no control over it. The User also understand and agree that we do not act as your or Third Party’s agents and that any transaction between you and the Third Party is your mutual and bilateral business in which we have no role to play. The User agrees not to hold us liable for any losses or damages occurred due to any such third party transaction & dealings.

 

12.REVIEWS, FEEDBACK AND SUBMISSIONS

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Site or otherwise disclosed, submitted or offered in connection with use of the Site (collectively, the Comments) shall be and remain the property of the Company at its discretion. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the User in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Site will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit. Further, any reliance placed on Comments available on the Site from a third party shall be at your sole risk and expense.

 

13.INTELLECTUAL PROPERTY RIGHTS

The Website and its parent company owns all the intellectual property rights in the website, its materials, contents, technology, user interface, algorithms, logos. Users agree that their access and use of the Website is limited to uses prescribed & permitted in these Terms & Conditions. The access and permission to use the Website is limited and time bound. The logo & brand names of the Website have been submitted for trademark, thus  Users are not allowed to use the same in any promotional material through any medium unless they have been granted a specific license to do the same. Except for the limited access, you are not granted any other license or right (either express or implied) in the Website and any unauthorized use may lead to termination of your permission to access and legal proceedings may be initiated against you.

 

14.GEOGRAPHICAL EXTENT

The Website can be used in all countries worldwide. We make no representation that the content available through our Website is appropriate or available for all countries. If You access or use the Website in any countries where the Website is prohibited, You are solely responsible for compliance with necessary laws and regulations for use of the Website.

 

15.DISCLAIMERS OF WARRANTIES AND LIABILITIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WEBSITE MAKES NO WARRANTY THAT

  1. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
  2. MATERIALS, INFORMATION AND RESULTS OBTAINED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
  3. ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.

16.INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/COMPANY INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF SERVICE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF SERVICE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.

THE USERS HEREBY AGREE TO INDEMNIFY US AGAINST ANY CLAIMS OR SUIT RAISED BY A THIRD PARTY AGAINST US ON ACCOUNT DAMAGES , LOSS, INTELLECTUAL PROPERTY RIGHT VIOLATION, INFRINGEMENT OF RIGHTS, DISCOMFORT, DISTRESS, HEARTBURN, STRESS OR ANY TYPE OF UNPLEASANT EXPERIENCE ON ACCOUNT OF THE ACTIONS OF THE USER ON OUR WEBSITE.

17.LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL CUSTOMISEDHOMES.COM, ITS PARENT COMPANY, ITS PROMOTERS, SISTER CONCERNS, SHARE HOLDERS, EMPLOYEES, OFFICE BEARERS AND STAKEHOLDERS BE LIABLE TO ANY USER ANY DAMAGES OR LOSS WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USER’S USE , MISUSE, RELIANCE,  OF THE WEBSITE OR PERFORMANCE OF THE WEBSITE, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY WEBSITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, CURRENCY OR USEFULNESS OF ANY INFORMATION, DESIGNS, PRODUCT OR PROCESS DISCLOSED ON THE WEBSITE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE. THE USER OF THE WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS MAY NOT APPLY VERBATIM IN SOME JURISDICTIONS, IN WHICH CASE THE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY THE APPLICABLE LAW OR YOUR JURISDICTION.

 

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.THE USERS ACCEPT & AGREE THAT THE CONTENT AND MATERIAL PUBLISHED BY THEM ON THE WEBSITE SHALL BE DISPLAYED PUBLICLY. WE DO NOT ASSUME ANY LIABILITY REGARDING PROTECTION OF THE INTELLECTUAL PROPERTY RIGHTS OF THE USER CONTENT. THE USER SHALL USE HIS / HER OWN DISCRETION WHILE PUBLISHING THE CONTENT AND SHALL NOT PUBLISH ANYTHING THAT THEY CONSIDER PROPRIETARY AND CONFIDENTIAL.

 

WE SHALL NOT BE LIABLE FOR THE ACCURACY, LEGALITY, APPROPRIATENESS, CURRENCY OF THE USER CONTENT. BY USING THE WEBSITE THE USERS AGREE NOT TO HOLD US LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, INCONVENIENCE, DISTRESS, OR DISCOMFORT CAUSED TO HIM / HER BY USE OF ANY MATERIAL OR INFORMATION PUBLISHED BY USERS AND THIRD PARTIES ON OUR WEBSITE.

THE WEBSITE PROVIDES A CLASSIFIED LISTING AND CONNECTING PLATFORM FOR PROSPECTIVE HOME BUILDERS & SERVICE PROVIDERS. THE LISTING OF THE SERVICE PROVIDERS IS PUBLISHED ON AS IS BASIS WITHOUT ANY PREJUDICE OR FAVOR OR BIAS. THE USER SHALL USE HIS/ HER OWN DISCRETION & BETTER JUDGMENT WHILE DECIDING TO DEAL WITH A SERVICE PROVIDER LISTED ON THE SITE & SHALL DO SO AT HIS / HER OWN RISK. WE SHALL NOT BE RESPONSIBLE AND LIABLE FOR ANY LOSS, DAMAGE, INCONVENIENCE, DISTRESS, OR DISCOMFORT CAUSED TO YOU OWING TO YOUR DEALINGS WITH THE SERVICE PROVIDERS. THE USER HEREBY AGREES NOT TO HOLD US RESPONSIBLE OR LIABLE.

 

WE DO NOT ACTS AS AGENTS FOR YOU OR THE SERVICE PROVIDERS AND HENCE ARE NEITHER RESPONSIBLE NOR EQUIPPED TO HELP IN RESOLVING ANY DISPUTES BETWEEN YOU AND THE SERVICE PROVIDER.

 

WE PUBLISH HOUSE PLANS PROVIDED BY THE LISTED CONSULTANTS ON OUR WEBSITE. THESE FLOOR PLANS ARE AVAILABLE FOR FREE OF COST. YOU CAN VIEW OR DOWNLOAD THESE PLANS AND USE THEM AS REFERENCE FOR PLANNING YOUR OWN HOME. IT IS OUR ENDEAVOR TO UPLOAD PLANS THAT ARE AS PER THE MUNICIPAL BYE LAWS AND ARE, AS FAR AS POSSIBLE, READY TO BE SUBMITTED FOR STATUTORY APPROVALS. HOWEVER, WE STRONGLY SUGGEST AGAINST USING THESE PLANS ON AS IS BASIS. THE USER SHALL EITHER HIRE OUR PAID SERVICES OR SERVICES OF A PROFESSIONAL CONSULTANT FOR GETTING FOOL PROOF PLANS. WE ARE NOT LIABLE FOR ANY MISTAKES, INCORRECT /MISREPRESENTATION OF FACTS & FIGURES, INACCURACY, ERRORS IN THE HOUSE PLANS AVAILABLE FREE OF COST FOR VIEWING OR DOWNLOADING FROM OUR WEBSITE. THE USER AGREES TO USE THE FREE OF COST PLANS AT HIS / HER OWN RISKS AND AGREES NOT TO HOLD US LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, INCONVENIENCE, DISTRESS, OR DISCOMFORT BY THE USE OF HOUSE PLANS PUBLISHED ON OUR WEBSITE.

 

WE PROVIDE FINANCIAL ESTIMATES RANGING FROM COST OF BUILDING MATERIALS TO COST OF VARIOUS SERVICES AND OVERALL COST ESTIMATION OF BUILDING A HOUSE. USER HEREBY AGREES AND ACKNOWLEDGES THAT THESE ESTIMATES ARE FOR THE PURPOSE OF PROVIDING A REFERENCE TO THE WILLING HOME BUILDER. WE ARE NOT LIABLE FOR THE ACCURACY OF THE ESTIMATES & FIGURES AND STRONGLY ADVICES THE USER AGAINST USING THESE ESTIMATES ON AS IS BASIS. THE USER AGREES TO USE THE ESTIMATES & FIGURES AT HIS / HER OWN RISKS AND AGREES NOT TO HOLD US LIABLE OR RESPONSIBLE FOR ANY LOSS, DAMAGE, INCONVENIENCE, DISTRESS, OR DISCOMFORT BY THE USE OF HOUSE PLANS PUBLISHED ON OUR WEBSITE.

 

 

18.DISPUTES ARISING OUT OF THIS AGREEMENT

All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.

Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.

Stage 2: Arbitration. If the dispute is not settled by mediation, it shall be referred to and finally resolved by arbitration, which shall be governed by the law, rules and regulations of Bhopal, India. The Arbitral award is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. Arbitration shall be held at Bhopal. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.

The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Bhopal, Madhya Pradesh and You hereby submit to the personal jurisdiction of such courts.

19.PRIVACY

We encourage You to read the Privacy Policy and to use the information it contains to make informed decisions regarding Your personal information. Please also note that certain information, statements, data and content (such as but not limited to videos) which You provide on the Website are likely to reveal Your gender, ethnic origin, nationality, age, and/or other personal information about You. You acknowledge and agree that Your submission of such information is voluntary on Your part. Further, You acknowledge, consent and agree that we may access, preserve, and disclose information You provide to Us at any stage during Your use of the Website. Disclosures of information to Third Parties are further addressed in Our Privacy Policy.

20.NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post, or the email address complaints@customisedhomes.com.

21.MISCELLANEOUS PROVISIONS

Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between You and Us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.

Force Majeure: Neither the Website nor its parent company, its promoters, sister concerns, share holders, employees, office bearers and stakeholders shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to Acts of god such as earthquakes, floods, hurricanes or tsunamis; war; terrorist attacks; revolution; strike; civil commotion; acts of public enemies; blockade or embargo; or Any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect, of any Governmental Authority.

Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

Liability: The Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.

Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

22.CONTACT US

If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at complaints@customisedhomes.com.