Terms and Conditions apply to the use of the SELAA INFRA SERVICES projected as a Real Estate platform.
“Agreement” Shall mean and include the completed application form, its attachment(s) and the terms and conditions as stated below.
These are the Terms and Conditions on which SELAA INFRA SERVICES :
Permits you to list on the website (selaa.in) properties for sale,buy,rent or lease; and
will endeavour to deliver you leads in respect of the sale or lease of those properties .
The subject of the following ´Terms and Conditions´ consists in providing a platform for the real estate sector which is intended to promote and advertise properties.
The SELAA INFRA SERVICES – Real Estate platform is available for exclusive use to whoever subscribes the service. It’s use is expressly prohibited outside the terms and conditions here mentioned.
1. ACKNOWLEDGEMENT AND ACCEPTANCE
By subscribing selaa.in Real Estate services you are agreeing to the terms and conditions and all other policies and principles that regulate it. You also declare that you are a company, legally constituted or a related entity, stating that all the information provided is true and accepting responsibility for its content and accuracy.
Accepting the terms and conditions is absolutely necessary to use the services related to real estate activities provided by selaa.
2.Conditions to access SELAA INFRA SERVICES:
SELAA INFRA SERVICES is not responsible for data input in the platform and website. In the event of data loss, SELAA INFRA SERVICES cannot be charged to liability. All website graphic content (headers, scripts, icons) are the property of SELAA INFRA SERVICES
3.1 TRADEMARKS AND COPYRIGHT:
(a) “selaa.in” website is the trading name for SELAA INFRA SERVICES, All references to SELAA INFRA SERVICES include a reference to all of its related entities, authorised licensees and agents.
(b) The material on our Website, including all pages, graphics and services, is subject to copyright.
You must not:
(i) unlawfully use any of our or our suppliers copyright material;
(ii) pass off content from our site as your own – this includes the practice of ‘framing’ our site within another site as well as copying and re-using parts of the site;
(iii) use, modify, publish, license, create derivative works from, transfer, or sell any copyright material, The selaa Marks, information, materials, software, products or services obtained from the website without our prior written consent.
(c) You may access, use, download and print information and materials displayed on the website for your personal and non-commercial use only (including for the purposes of property investment or purchase or lease of commercial property through SELAA INFRA SERVICES:).
3.2 UNACCEPTABLE CONTENT:
To ensure that using the website is a pleasant experience for everyone, you are prohibited from posting any material that, or using the website in any way that:
(i) violates any laws.
(ii) is threatening, abusive, defamatory, obscene or indecent.
(iii) is false or misleading.
(iv) infringes any third-party rights including copyright, trademarks or other intellectual property rights.
(v) distributes chain letters or pyramid schemes or spam users of the Website.
(vi) distributes viruses or any other technologies that may harm the Website, the interests or property of selaa or other users
(vii) imposes an unreasonable load on our infrastructure or interferes with the proper working of the Website.
(viii) copies, modifies, or distributes any other person’s content without their consent
(ix) uses any robot, spider, scraper or other automated means to access the Website and collect content for any purpose without our express written permission
(x) harvests or otherwise collects information about others, including email addresses, without their consent.
(xi) bypasses measures used to prevent or restrict access to the Website.
(xii) impersonates any person or entity.
(xiii) in any way makes available using the Website any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
3.3 OBJECTING TO CONTENT
You are solely responsible for any content that you create, transmit or display on our Website and for the consequences of your actions (including any loss or damage that selaa or any third party could suffer) by doing so.
3.4 CHANGES TO CONTENT
SELAA INFRA SERVICES may make improvements or changes in the information, services, products, and other materials displayed on the Website, or terminate the Website, at any time without notice. SELAA INFRA SERVICES may modify the Website Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Website. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Website will be deemed to be your acceptance of the modified Terms.
3.5 USER GENERATED CONTENT
If you upload content, you:
(a) Include attributions, including the authors and sources where required by law to do so, and confirm that you have obtained the necessary rights to use the material in the way in which it is being used.
(b) Indemnify us against all liability claims or proceedings whatsoever arising from the publication of such Content in relation to defamation, breach of copyright, infringement of trademarks or names of publication titles, unfair competition, trade practices, royalties, violation of rights or privacy.
(c) warrant that the content complies with all relevant laws and regulations and that its publication will not give rise to any rights against or liabilities to us, our business partners and in particular that nothing included in relation to content posted on the Website is capable of a breach of the Australian Competition and Consumer Law Act 2010 or relevant legislation.
(d) If you post materials to or links from the website that infringes any third party rights, you indemnify SELAA INFRA SERVICES against any loss, liability, damage, cost (including SELAA INFRA SERVICES reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Website.
3.6 COPYRIGHT ASSIGNMENT
You agree to assign copyright in all original content that you post on the Website to selaa.in and its partners, and agree to formally record such assignments when required SELAA INFRA SERVICES and its partners retain the copyright on all content, design and artwork produced for the Website.
If you upload photographs, audio or video recordings of yourself, you consent to give SELAA INFRA SERVICES and our partners the right to use these photographs and recordings in the production of the Website. You will further allow SELAA INFRA SERVICES and our partners the right to use or reproduce your likeness in whole or in part for publicity or broadcast purposes as they reasonably see fit.
3.8 LINKING POLICY
You are welcome to put links on your site pointing to our website but only if all links abide by these Terms. Further, that you agree to immediately remove any links from your website as directed if selaa.in deems the links to be misrepresentative of its brand, image and reputation in any way.
3.9 COMMENTS POLICY
At SELAA INFRA SERVICES we want as many of you as possible to engage in vibrant and lively discussions on our Website. However, there are limits to acceptable communication and we require that discussions and/or comments posted by users on the Website are constructive, civilized and relevant.
SELAA INFRA SERVICES reserves the right to immediately remove any content that does not fall within these guidelines and, in extreme cases, SELAA INFRA SERVICES can suspend or terminate your membership to the Website.
4.0 COPYRIGHT AND TRADEMARKS POLICY
4.1 SELAA INFRA SERVICES is not in any way responsible or liable for any user generated content published on its website.
4.2 If you suspect that your copyright or trademarks have been infringed please email email@example.com.
4.3 SELAA INFRA SERVICES reserves the right to remove users and/or subscribers for copyright and trademark infringement and will use reasonable endeavours to remove any such content (or suspend it pending the dispute outcome).
6.0 GENERAL DISCLAIMERS
(a) Neither SELAA INFRA SERVICES nor its partners, representatives and associated agents are liable to you or any third party for any loss in connection with the use of this site or any other linked website. This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.
(b) You acknowledge and agree that by using the Website you use the Website at your own risk.
(c) Neither SELAA INFRA SERVICES nor its related companies represent or warrant:
(i) that your use of the Website will meet your requirements;
(ii) that your use will be uninterrupted, timely, secure or free from error;
(iii) the accuracy of any information obtained by you as a result of your use of the Website, and
(iv) that defects in the operation or functionality of any part of the Website will be corrected.
(d) Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that result from the download of any such material.
(e) SELAA INFRA SERVICES excludes all warranties and conditions of any kind whether express or implied to the fullest extent permitted by law.
7.0 THIRD PARTY website
Our website may link to third party website which are not owned or operated by SELAA INFRA SERVICES. We are not responsible for the content on, and the terms and conditions pertaining to, these external sites. We recommend that you investigate these sites own terms and conditions.
8.0 Access and delivery
a. SELAA INFRA SERVICES uses its best endeavours to provide the real estate Service to you, SELAA INFRA SERVICES does not represent or warrant that:
i. you or users of the Website will have continuous access to the Website
ii. the Service will be complete or free from all viruses, defects or errors and you acknowledge that the existence of any defects or errors does not constitute a breach of any agreement between you and SELAA INFRA SERVICES
iii. any information supplied or accessed using the Service is correct and complete or sufficient for your intended use.
b. SELAA INFRA SERVICES will not be liable in the event that the Website is unavailable for any reason, including but not limited to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunication supplies.
c. SELAA INFRA SERVICES does not guarantee the delivery or security of communications delivered over the Internet (including emails).
8.1 Specific terms relating to leads:
a. You acknowledge and agree that:
i. SELAA INFRA SERVICES provides no warranties in relation to the number of leads (meaning enquiries for further
information submitted by users of the Website) you may receive; and
ii. while SELAA INFRA SERVICES will use its best endeavours to provide accurate leads, it has no control over the identity or bonafides of any enquirer.
b. You must:
i. provide a valid email address in respect of each listing to which leads should be sent by selaa.in;
ii. ensure that all leads are handled by a suitably trained person in a professional and expeditious manner; and
iii. not sell, assign or otherwise provide whether electronically or otherwise any lead (or information derived from a lead) to any person.
c. You acknowledge that:
i. SELAA INFRA SERVICES will use its best endeavours to deliver all leads to the nominated email address, or where this is
not available, an alternate email address;
ii. SELAA INFRA SERVICES will not be liable for any delay or failure to deliver leads to you which is caused by any technical or technological fault or failure; and
iii. in order to accurately record the number of leads delivered for each listing, it is necessary for SELAA INFRA SERVICES to have absolute control over the contact details published by you, and you will not attempt to include any unauthorized contact details in any listing.
8.2 Specific terms relating to listings:
a. In using the Service, you must:
i. only list real property for sale,rent – the listing of other items (for example, cars or boats) is prohibited
ii. only list properties which are presently available for sale or lease and which you have been authorised to market for sale or lease;
iii. not include any promotional web addresses
iv. ensure that any photographs or illustrations submitted in respect of a property, accurately represent the property in question and are free from borders, watermarks (unless otherwise allowed as an exception by SELAA INFRA SERVICES), agent location or contact details;
v. accurately indicate the location of the property being listed – SELAA INFRA SERVICES reserves the right not to publish an advertisement which does not include accurate details of the property location;
vi. immediately remove any properties which are no longer for sale or rent (for example properties which have been sold, leased or withdrawn from the market);
vii. only list each property for sale or rent once on the Service;
viii. provide to SELAA INFRA SERVICES in respect of each property at least the minimum required fields for publication (as set out in Schedule 1 to these Terms and Conditions).
ix. for licensed agents, ensure that all for sale and rental listings for which the agency has been appointed by a vendor or lessor are listed on the Website: and
x. for registered builders, ensure that you have listed on the Website not less than 10 property listings at any time, or such other number of listings determined by SELAA INFRA SERVICES in its absolute discretion and notified to you).
b. SELAA INFRA SERVICES may choose not to publish, or may remove once published, any listings which do not comply with the above requirements (or where you have not complied with any of the above requirements) .
c. SELAA INFRA SERVICES may, from time to time, set guidelines for how property listings will be returned in searches on the website. The current guidelines are set out in Schedule 2 to these Terms and Conditions. selaa reserves the right to amend these guidelines at any time.
9.0 SELAA INFRA SERVICES liability to you:
a. Other than as set out in this clause 8, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by selaa are HEREBY EXCLUDED,
b. To the full extent permitted by law, SELAA INFRA SERVICES will only be liable to you:
i. Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and that cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of SELAA INFRA SERVICES is limited, at selaa’ option, to (i) replacing or repairing the relevant goods, (ii) supplying goods equivalent to the relevant goods, (iii) supplying the relevant services again or (iv) paying the cost of such replacement, repairs or supply; or
ii. Subject always to clause 8(d), if your claim arises from or in connection with any deliberate breach of this Agreement or fraud by selaa.
c. Subject to clause 8(b), and except to the extent that liability cannot be excluded, selaa will not be liable to you for claims arising out of or in connection with this Agreement whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty.
d. To the full extent permitted by law, SELAA INFRA SERVICES will not be liable to you for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
e. For the purposes of this clause and clause 9, the term selaa will mean SELAA INFRA SERVICES , its related bodies corporate and each other, their officers, employees, contractors and agents, whether individually or collectively.
f. This clause will survive the termination of this Agreement.
10.0 You indemnify SELAA INFRA SERVICES:
a. You release and indemnify SELAA INFRA SERVICES, against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of:
i. a breach of this Agreement by you; or
ii. any deliberate, unlawful or negligent act or omission by you.
b. This clause will survive the termination of this Agreement.
11.0 Termination of this agreement:
a. SELAA INFRA SERVICES may terminate this Agreement by immediate written notice to you if you:
i. you fail to pay any fee under this Agreement by the due date for payment;
ii. Breach any provision of this Agreement that is not capable of remedy;
iii. Breach any provision of this Agreement that is capable of remedy and you fail to remedy such
breach with 14 days’ written notice;
iv. fail to notify SELAA INFRA SERVICES that a change of control has occurred or you fail to undertake any actions required
by SELAA INFRA SERVICES following a change of control;
v. assign or purport to assign this Agreement; or
vi. are or become insolvent.
b) You may terminate this Agreement on 30 days’ written notice to selaa.in.
c)SELAA INFRA SERVICES may terminate this Agreement in its absolute discretion on 30 days’ written notice to you.
d) On the termination of this Agreement:
i. Pay all outstanding fees to SELAA INFRA SERVICES;
ii. You must return or destroy all selaa intellectual property in your possession or control including but not limited to any application files; and
iii. Both SELAA INFRA SERVICES and you will continue to comply with all obligations expressed herein to continue to apply after the expiration or termination of this Agreement.
e) Termination of this Agreement will not prejudice any accrued rights or liabilities of a party.
f) Termination of the service can be done unilaterally by SELAA INFRA SERVICES every time the obligations mentioned in the ‘Terms and Conditions’ are not fulfilled.
g) In the case of providing false information as well as misusing the service for any purpose other than those mentioned in the ´Terms and Conditions´, SELAA INFRA SERVICES can cancel the service without notice.
h) Termination of the service by the customer implies that the entire database is deleted from our servers.
i) The Termination of the service must be requested with a minimum notice of 1 month. This does not entitle a refund of the remaining values.
12.0 Suspension of the Service
SELAA INFRA SERVICES may suspend or restrict access to the Service on such terms as selaa determines, without notice if any event listed in clause 11a occurs or during the notice period referred to in 11 (a) (ii).
13.0 Intellectual property rights
a. All intellectual property rights in the Service and all information generated, compiled, arranged, stored or otherwise developed by selaa, including any listing, are vested in selaa and there is no assignment of SELAA INFRA SERVICES intellectual property rights to you.
14.0 CHOICE OF LAW/FORUM
These Terms are governed by and construed in accordance with the laws of the Telangana state of INDIA.