Terms & Conditions
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GENERAL:

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of www.Instakhoj.com.

The domain name www.Instakhoj.com (hereinafter referred to as "Website") is owned by instakhoj  Private Limited with its registered office at 503, Martin block, SJR watermark, Harlur road, Bangalore, India (hereinafter referred to as "Instakhoj").

This Agreement describes the Policies & Terms of Service applicable to your use of the website www.Instakhoj.com (hereinafter, " Instakhoj ", or "we" or "our" or "us"), it allows individuals (hereinafter collectively known as "Owner") to list their Property that are available on lease, rent, sale etc. or and other individuals (hereinafter collectively known as "Customer") to find these Property for lease, rent, purchase etc. Further, the Owner can also include any such tangible Product to the Property for sale which can be purchased by the Customer along with the Property. In no circumstances, will the Owner impose any such condition to the Customer wherein the Customer will be made liable to buy such Product along with the Property. It will be the sole discretion of the Customer if he/she wants to purchase such Product. Alternatively we can add this clause:

Your use of the Website and services and tools are governed by the following Policies & Terms of Service ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, you shall be subject to the policies that are applicable to the website for such transactions. By mere use of the website, you are deemed to have read and agreed to these Terms of Use which, including the other Policies, constitute Your binding obligations with Instakhoj.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a Owner or Customer on the Website by providing Registration Data while registering on the website as Registered User.

As a User, your access to and use of the website and/or the services are conditional upon your acceptance of and continuous compliance with these Policies & Terms of Service at all times and all applicable Policies. There is an explicit understanding that these Policies & Terms of Service and all the other Policies shall be adhered to by you. By accessing, browsing and/or using the website and/or availing any of the services, you agree to be bound by these Policies & Terms of Service, the privacy policy governing your access to the website ("Privacy Policy"), other guidelines, policies, Policies & Terms of Service applicable to the website and/or services being provided by the website owner (collectively as "Policies"), as may be modified by the website owner from time to time at its own discretion, which shall be deemed to be incorporated in these Policies & Terms of Service by reference, unconditionally at all times. Further, by accessing, browsing and/or using the website and/or availing any of the services, you explicitly agree to receive communications, in written and/or verbal form, from the website owner or its authorized representatives with regard to any matter relating to the website, products and the services.

The website owner shall have the sole right to change, modify, add or remove these Policies & Terms of Service or any or all of its Policies relating to the provisions of services and access to the website, at any time without any prior written notice or intimation to you. It is hereby clarified that each User shall be responsible for reviewing the Policies & Terms of Service and other Policies on the website periodically and keep themselves updated.

ELIGIBILITY:

The Services on the website either by registration or by any other means, are only available to persons , who are 18 years of age and above and persons who can enter into a legally binding contract under the Indian Contract Act, 1872 and or are not barred by any law for the time being in force. Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Site ("User"). If you access Instakhoj, either by registration on the Site or by any other means, not as an individual but on behalf of a legal entity, you represent that you are fully authorized to do so and the listing, posting or information placed on the site on behalf of the legal entity is your responsibility and you agree to be accountable for the same to other users of the website. As a minor, if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the website. Instakhoj reserves the right to terminate your membership and / or refuse to provide you with access to the website if it is brought to Instakhoj’s notice or if it is discovered that you don't meet the eligibility.

LIABILITY OF Instakhoj:

Under no circumstances shall Instakhoj be liable for direct, indirect, incidental, special, consequential or exemplary damages resulting from your use of the website or the services, or resulting from any  transaction, including, but not limited to, damages or injury resulting from misrepresentation or any liability or issue arising out of the services availed by end user from third party service providers on or beyond the platform of Instakhoj, damages which arise from use or misuse of the website, from inability to use the website, or the interruption, suspension, modification, alteration, or termination of the website. Such limitation shall also apply with respect to damages incurred by reason of other services or Product/Property received through or advertised in connection with the website or the service or any links on the website. These limitations shall apply to the fullest extent permitted by law. For any third party Product or Property which Customer will acquire through Instakhoj, the Customer shall take full responsibility to deal with third parties respective vendors at their own risk, cost and liability. Instakhoj will not be liable for any time difference arising between a message released through a gateway/ server such message finally reaching the end User from the concerned service provider.

Instakhoj does not make any representation or warranty as to specifics (such as quality, value, rentability, saleability, etc.) of the Property or Product proposed to be transacted on the website. Instakhoj does not implicitly or explicitly support or endorse any Property or Product on the website. Instakhoj accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

Instakhoj makes no representation or warranty as to the credentials (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular user that you choose to transact with on the website and use Your best judgment in that regard.

You release and indemnify Instakhoj and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the website and specifically and explicitly waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Instakhoj cannot take responsibility or control the information provided by other users which is made available on the website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the website. Please note that there could be risks in dealing with underage persons or people acting under false pretense.

You agree that Instakhoj is not responsible or liable for any loss suffered due to damage caused to the product or reduction of value of the product in any way. You hereby agree and confirm that the sole and exclusive responsibility and obligation of the website owner is to ensure that the services are being provided in compliance of all applicable laws, rules and regulations.

Instakhoj is not involved in any transaction between any parties who are using our website. There are risks, which the user assumes when dealing with people who might be acting under false pretences and the same shall be borne by the user. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other users, nor does Instakhoj screen or/and censor or/and otherwise control the Users of its service. Instakhoj cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of Instakhoj will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Instakhoj does not accept or/and assume responsibility for the content or/and context of the user comment.

If there is any dispute between the users on this site, it is agreed upon by the users that Instakhoj has no obligation whatsoever to be involved in any such dispute/s. In the event that the user has a dispute with one or more user/s or/and participant/s, the user hereby undertake s not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against Instakhoj or/and their officers or/and employees or/and agents or/and successors.

Instakhoj understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at user's own discretion and risk and that user shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.

No advice or or/any information, whether oral or/and written, obtained by the User from Instakhoj or/and through or/and from the service shall create any warranty not expressly stated herein.

In case a visitor to the portal is desirous of conducting a site visit of the Property he/she is interested in, it shall be the sole liability and duty of the Owner to arrange for such site visits. Instakhoj shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Owner in this regard.

Instakhoj’s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the Owner/Customer to Instakhoj or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim.

This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom.

 

CONTENT ON THE WEBSITE:

It is hereby clarified that the Services provided to you may involve references to or links of any third-party or its Property, Products, services or other content ("Third-Party Content"). You acknowledge that the website owner is not liable for any such Third-Party Content as may be displayed on the website or that you may be re-directed to while accessing the website and/or availing the services. The Third-Party content displayed on the website or re-directed to by the website does not suggest that the website owner has endorsed such Third-Party Content or the provider of the Third-Party Content. It is clarified that the website owner shall not be liable for any privacy practices of a third-party providing such Third-Party Content. You agree not to copy, modify, or distribute such content (other than Your Information), Instakhoj’s copyrights or trademarks. When You give us any content as part of Your information, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to use, reproduce, transfer, publish, translate, distribute, perform, amend and display such content (in whole or part) worldwide through the website as well as on any of our affiliates or partner’s websites, publications and mobile platform at the discretion of the website owner.

You agree that in the event your listing, posting or your information violates any provision of this Terms of Use, Instakhoj shall have the right to terminate and or suspend your membership of the website or refuse to provide you or any person acting on your behalf, access to the website. Instakhoj 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 Use. Notwithstanding this right, You remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect Instakhoj’s views. In no event shall Instakhoj assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the website.

You hereby explicitly agree and accept that the website owner may use the user content for any purpose as it may think fit, including but not limited to promotion, marketing, and advertisement of the services and/or the website without your consent and without any payment by the website owner in relation to such use of the user content. It is clarified that you are responsible to ensure that the user content submitted or uploaded by you is in consonance with these Policies & Terms of Service. It is further clarified that the website owner shall not be liable for any disclosure, use, modification or transfer of the user content.

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, tortious, or otherwise unlawful information. You hereby agree not to hold Instakhoj or any of its officers, employees, agents responsible or accountable for any of your listing, postings or information and nor shall we, our officers, employees or agents be liable for any misuse, illegal activity or third party content as most postings, listings or information are generated by various users directly and we do not have any role in the creation, publication or distribution of the posting, listing or information.

FINANCIAL TRANSACTIONS:

While availing any of the payment method/s available on Instakhoj, Instakhoj will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

 

1.     Lack of authorization for any transaction/s, or

2.     Exceeding the preset limit mutually agreed by You and between "Bank/s", or

3.     Any payment issues arising out of the transaction, or

4.     Decline of transaction for any other reason/s

 

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Instakhoj will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

 

Transactions, Transaction Price and all commercial terms related to the Product and Property are as per principal contractual obligations between the Owner and Customer and payment facility is merely used by the Owner and Customer to facilitate the completion of the Transaction. Use of the payment facility shall not render Instakhoj liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or any fraud as regards to the products and /or services listed on Instakhoj's website.

You have specifically authorized Instakhoj or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Users in respect of transactions through Payment Facility. Your relationship with Instakhoj is on a principal to principal basis and by accepting these Terms of Use, you agree that Instakhoj is an independent contractor for all purposes, and does not assume control of or liability for the Product or Property that are listed on Instakhoj 's website that are paid for by using the Payment Facility. Instakhoj does not guarantee the identity of any user nor does it ensure that a Owner and Customer will complete a transaction.

You understand, accept and agree that the payment facility provided by Instakhoj is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through collection and remittance facility for the transactions on the Instakhoj's website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing Payment Facility, Instakhoj is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction Price.

You hereby understand, accept and agree that Instakhoj has the obligation to pay the money collected under the payment facility within 15 days from the date on which the money becomes payable to you, in accordance with the terms of the transaction you have with the other User.

On making a payment though Instakhoj, an invoice will be generated on the website which shall include the consideration/cost of transaction which is required to be paid by the Customer. Such consideration/cost of transaction shall include all related taxes, charges etc which are to be bourne by the Customer.

The Liability of Instakhoj shall be limited to the percentage of commission earned through each transaction and shall not exceed such amount of commission.

INDEMNITY:

You agree to indemnify and hold Instakhoj, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content submitted by the User, User’s use of the service, violation of the Terms of Use, breach by the user of any of the representations and warranties herein, or the user’s violation of any rights of any other party.

APPLICABLE LAW:

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The Courts in Bangalore, Karnataka shall have exclusive jurisdiction over any disputes arising out of the Terms of Use.

TRANSACTIONS IN INDIA ONLY:

Unless otherwise specified, the material on the website is presented solely for the purpose of transaction in India. Instakhoj makes no representation that materials in the website are appropriate or available for use in other locations/countries other than India. Those who choose to access the website from other locations/countries other than India do so on their own risk and Instakhoj is not responsible for any transaction from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable

SEVERABILITY OF PROVISIONS:

The Terms of Use, Privacy Policy, Shipping and Delivery policy, Cancellation, Return and Refund policy and the Disclaimer policy constitute the entire agreement with respect to the use of the services provided by Instakhoj. If any provision of these Policies & Terms of Service is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

TRADEMARK, COPYRIGHT & RESTRICTION:

This site is controlled and operated by Instakhoj. All materials on this site, including images, illustrations, audio clips and video clips are protected by copyrights, trademarks, and other intellectual property rights. Materials on website is solely for Your personal, non-commercial use.

USE OF APPROPRIATE LANGUAGE:

Instakhoj prohibits the use of language that offending, hateful, racist, sexual or obscene in nature on the website. This policy extends to text, image, videos etc within listings, on Owner or Customer pages and all other areas of the site that another User may view.

TERMS OF USE TO BE READ IN CONSONANCE WITH OTHER POLICIES:

In addition to this Terms of Use, You must also agree to be bound by the provisions of all of our policies and the Terms of Use should be read in consonance with all our policies listed under "Policies" in order to have the right to use the website.

The website owner may assign, in whole or in part, the benefits or obligations of these Terms of Use and any/all the Policies to its associates or affiliates or other group company or any other company, in circumstances, including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. The website owner shall not require your approval or consent for an assignment of the benefits or obligations under these Terms of Use or any other policy in relation to the services and/or the website. It will be at the discretion of the website owner to decide if you should be intimated of such assignment. However, you shall not assign, in whole or in part, the benefits or obligations of these Terms of Use and our other policies, listed under "Policies" in relation to the services and/or the website, without the prior written permission of the website owner.

These Terms of Use and Policies may be varied, amended or modified by the website owner at any time and at its sole discretion without any intimation to you. The last amended version shall be available on the website at all times. It is clarified that you shall be responsible for reviewing the Policies on the website periodically and keep yourself updated.

It is clarified that if you do not agree to the applicability of any of the Policies & Terms of Service and the Policies contained herein, including the Privacy Policy, Shipping and Delivery Policy, Cancellation, Return and Refund Policy and Disclaimer Policy on the website, then the only remedy you shall have will be to not use the services and discontinue using your account created on the website. However, till such time that you use the website and avail the services it shall be deemed that you agree to and shall continue to adhere and abide by the Policies & Terms of Service and all the Policies.