Terms of Conditions
We Next Vision Home a web portal
owned by Next Vision Research Solutions Pvt. Ltd. (hereinafter referred to as
“Company”) provide one stop end-to-end solutions for property investment
through various option to our esteem clients. Here the term "Client"
refers to a person, irrespective of Gender, Firm, Company, Entity in whose favor a particular property is booked and/ or a credit note is issued. That
the terms and condition mentioned hereinafter incorporates this service terms
applicable upon our clients and all users of the website www.nextvisionhome.com
A. SCOPE OF AGREEMENT
1. The Company as a service provider
relies on the information pertaining to various projects provided by the
respective builders/developers, given in writing and/or provided through their
representatives, responsible persons, advertisements by the Builders/Developers
in the print and/or electronic media and/or such other authentic sources.
2. The customer is advised to
regularly visit the website of the Company and/ or respective
builders/developers for developments and/or events pertaining to real estate
from time to time.
3. In case a client intends to cancel
a unit/property booked by him/her through the Company, he/she shall be liable
to pay a nominal administrative charge to the Company for issuance of No
Objection Certificate (NOC) by the Company. The administrative charge may vary
from project to project, Developer to Developer and/or such other factors that
may be relevant to a particular project. The Company will not be bound to issue
a NOC until the client has paid the administrative charges as mentioned.
4. The client is bound to notify the
Company in case he transfers the unit booked by him/her or creates any third-party
interest in the property booked through the Company.
5. The credit note issued by the
Company for a particular project to the client is non-transferable and in case
the client sells/transfers the property and/or creates any third-party interest
in any manner whatsoever then it shall be the responsibility of the client to
notify the Company about such transfer within seven days of such transfer. It
is further clarified that the liability of the Company under the credit note is
only towards the client and not towards the subsequent transferee (s) and/or
any entity in whose favor the client has created any such interest. The Company
will only disburse the amount under the credit note (subject to the conditions
mentioned in the credit note) in favor of the person to whom the said credit
note is issued and shall not be liable to pay anyone claiming for and on behalf
of the person to whom the credit note was originally issued. The company will
have the right to deduct TDS in terms of applicable laws. It is further
clarified that if the client, while creating any third-party interest has also
included the credit note in the cost of the unit, the Company shall neither be
a party to the said transaction, nor be responsible in any manner whatsoever to
release the payment to such third party under any circumstances.
6. The Company in the capacity of
service provider is not responsible for any delays for whatsoever reason,
increasing in cost, change of layout, change/levying of PLC, scraping of
project, change in the builder policies, change in the government policies,
judicial/administrative orders, variations between commitments and deliverables
and/or such other circumstances that may take place from time to time.
7. The Company as a service provider
is not a part of the business of a Builder/Developer and is not involved in
either decision making or obtaining statutory approvals from relevant
authorities. The Company is not liable for any misrepresentation made by the
builder/developer in any manner whatsoever and at any point of time.
8. In case the Company has issued a
credit note and subsequently it does not receive the commission due from the
concerned developer it shall not be liable to disburse the credit note to the
client under any circumstances whatsoever. Further the Company will not be
liable to disburse the credit note until it receives the brokerage/ commission
from the concerned Developer and until other conditions mentioned in the credit
note are fulfilled. In case the Company does not finally receive the payment
from the concerned Developer for any reasons whatsoever, then it shall not be
liable to honour the credit note under any circumstances whatsoever. In case
the Company only receives part commission from the Developer, it shall release
the proportionate amount to the Client.
9. The Company clarifies that it
shall not be responsible for interest if any, on the overdue payments that may be
levied by the Developer and/or cancellation(s) of the unit under any
circumstances whatsoever.
10. The company further clarifies
that It shall be the responsibility of the client to point out the accuracy of
the information that may form part and parcel of any email conversation and
should bring the same to the notice of the Company on an immediate basis
failing which the Company will presume that the information in every
communication is accurate and the Company shall not be responsible for any loss
which accrues on account of any erroneous information and/or any ramification
arising as a consequence thereof.
11. The Company shall not be
responsible for any verbal commitments allegedly made by any employee at any
point of time. The Company will further not consider any communications that
may be in writing but not made on the Company's letter head and not made by a
person empowered/authorized to make such a commitment. The Company will not be
bound by the commitments made by any ex-employee, if he is not working in the
Company at the relevant time when such commitment was made. Any commitment made
by an existing employee from a personal email ID shall not be entertained by
the Company at any point of time.
12. The Client shall have no
objection if the Company uses any data pertaining to his booking for any
advertising and promotional purposes.
13. The Company may suspend the
functionality of the website due to reasons of maintenance and/or other reasons
from time to time. Any information accessed by the client during the period of
such suspension which may not be updated information, shall not bind the
Company in any manner whatsoever.
14. In case of any query,
clarification, grievance the client is free to contact the Head of the Company
at PHONE NO. 86044-06044 or address an email at EMAIL ID: bharat.sadana@nvrspl.com.
15. The client will be bound by the
rules and by laws guidelines laid down by the concerned builder/developer for
each project and the Company will not have any say in the same. That in case
the query of the client requires a response from the developers end then the
Company shall coordinate with the concerned builder/developer and forward the
response received from the concerned builder/developer. The Company however
will not be liable if such response is unsatisfactory to the client.
16. The Company does not accept any
cash from any client under any circumstances whatsoever. The Company only
accepts duly signed Cheque or Demand Drafts/ Bankers Cheque in favor of the
concerned Developer for the concerned projects only after the client fills up
the booking form issued by the concerned Developer.
17. The Company shall not be
responsible for any cancellation arising out of incomplete/ invalid documents
in support of the booking and at the same time the Company owes no
responsibility for any cancellations arising out of non-sanction/ delay in
sanction of loan from any financial institution.
18. The non-receipt of an email
communication cannot be treated as a valid ground for non-performance of any
obligation or ignorance about a particular policy and/or other aspects that may
be contained in the email.
19. In case of any dispute the courts
at Delhi shall have the exclusive jurisdiction to try and entertain the same.
During the use of website if any dispute arises out of such use will be subject
to laws of India and to the exclusive jurisdiction of the courts in Delhi.
B. COLLECTION OF PERSONAL
AND OTHER INFORMATION
1. The User expressly agrees and
acknowledges that the Company collects and stores the User’s personal
information, which is provided by the User from time to time on the Website,
including but not limited to the User's name, passwords, email address, name,
address, age, date of birth, sex, nationality, shopping preferences, browsing
history, etc., as well as any images or other information uploaded/published by
the User on the Website. The User is aware that this information will be used
by the Company/Website to provide services and features targeted at the User,
that are most likely to meet the User’s needs, and also to customize and
improve the Website to make its user's experiences safer and easier.
2. The User is aware that the Company/Website
may automatically track certain information about the User based upon the
User's IP address and the User’s behavior on the Website and the User
expressly consents to the same. The User is aware that this information is used
to do internal research on user demographics, interests, and behavior, to
enable the Company/Website to better understand, and cater to the interests of
its users. The User is expressly made aware that such information may include
the URL that the User visited prior to accessing the Website, the URL which the
User subsequently visits (whether or not these URLs form a part of the
Website), the User's computer & web browser information, the User's IP
address, etc.
3. If the User chooses to purchase
products / services from the Website, the User consents to allowing the
Company/Website to collect information about the User's buying behavior and
trends.
4. If the User chooses to post
messages / reviews / feedback anywhere on the Website, including but not
limited to message boards, chat rooms, other message areas, etc., the User is
aware that any and all such information provided / uploaded will be collected
and stored by the Company indefinitely, and that such retained information may
be used to resolve disputes, provide customer support, troubleshoot problems,
etc., and that such information, if requested, may be provided to judicial or
governmental authorities of requisite jurisdiction, or otherwise used by the
Company/Website as permitted by applicable laws.
5. The User is aware that any and all
information pertaining to the User collected by the Company, whether or not
directly provided by the User to the Company/Website, including but not limited
to personal correspondence such as emails or letters, feedback from other users
or third parties regarding the User's activities or postings on the Website,
etc., may be collected and complied by the Company/Website into a file/folder
specifically created for / allotted to the User, and the User hereby expressly
consents to the same.
6. The User is aware that while
he/she can browse some sections of the Website without being a registered user,
certain activities (such as placing an order) require the User to provide valid
personal information to the Company/Website for the purpose of registration.
The User is aware that the contact information provided to the Company/Website
may be used to send the User offers and promotions, whether or not based on the
User's previous orders and interests, and the User hereby expressly consents to
receiving the same.
7. The User is aware that the
Company/Website may occasionally request the User to complete optional online
surveys. These surveys may require the User to provide contact information and
demographic information (like zip code, age, income bracket, sex, etc.). The
User is aware that this data to is used to customize the Website for the
benefit of the User, and providing all users of the Website with
products/services/content that the Company/Website believes they might be
interested in availing of, and also to display content according to the User's
preferences.
8. The User is further aware that the
Company/Website may occasionally request the User to write reviews for
products/services purchased/availed of by the User from the Website, and also
reviews for the various sellers listing their products/services on the Website.
The User is aware that such reviews will help other users of the website make
prudent and correct purchases, and also help the Company/Website remove sellers
whose products are unsatisfactory in any way, and the User hereby expressly
authorizes the Company/Website to publish any and all reviews written by the
User on the Website, along with the User's name and certain contact details,
for the benefit and use of other Users of the Website.
9. Nothing contained herein shall be
deemed to compel the Website/Company to store, upload, publish, or display in
any manner content/reviews/surveys/feedback submitted by the User, and the User
hereby expressly authorizes the Website/Company to remove from the Website any
such content, review, survey, or feedback submitted by the User, without cause
or being required to notify the User of the same.
C. COOKIES
a) The User is aware that a ‘Cookie’
is a small piece of information stored by a web server on a web browser so it
can later be traced back from that particular browser, and that cookies are
useful for enabling the browser to remember information specific to a given
user, including but not limited to a user’s login identification, password,
etc. The User is aware that the Website places both permanent and temporary
cookies in the User's computer's hard drive and web browser, and does hereby
expressly consent to the same.
b) The User is further aware that the
Website uses data collection devices such as cookies on certain pages of the
Website to help analyze web page flow, measure promotional effectiveness, and
promote trust and safety, and that certain features of the Website are only
available through the use of such cookies. While the User is free to decline
the Website's cookies if the User's browser permits, the User may consequently
be unable to use certain features on the Website.
D. DIVULGING/SHARING OF
PERSONAL INFORMATION
a) The User is aware that the
Website/Company may share the User's personal information with other corporate
entities and affiliates to help detect and prevent identity theft, fraud and
other potentially illegal acts; correlate related or multiple accounts to
prevent abuse of the Website's services; and to facilitate joint or co-branded
services, where such services are provided by more than one corporate entity.
b) The User is aware that the
Website/Company may disclose personal information if required to do so by law
or if the Website/Company in good faith believes that such disclosure is
reasonably necessary to respond to subpoenas, court orders, or other legal
processes. The Website/Company may also disclose the User's personal information
to law enforcement offices, third party rights owners, or other third parties
if it believes that such disclosure is reasonably necessary to enforce the
Terms or Policy; respond to claims that an advertisement, posting or other
content violates the rights of a third party; or protect the rights, property
or personal safety of its users, or the general public.
c) The User is further aware that the
Website/Company and its affiliates may share / sell some or all of the User's
personal information with other business entities should the Company/Website
(or its assets) plan to merge with, or be acquired by such business entity, or
in the event of re-organization, amalgamation, or restructuring of the
Company's business. Such business entity or new entity will continue to be
bound by the Terms and Policy, as may be amended from time to time.
E. User's Consent
By using the Website and/ or by
providing information to the Company through the Website, the User consents to
the collection and use of the information disclosed by the User on the Website
in accordance with this Policy, including but not limited to the User's consent
the Company/Website sharing/divulging the User's information, as per Privacy
Policy.
F. AD SERVERS
To try and bring you offers that are
of interest to you, we have relationships with other companies to whom we allow
to place ads on our website. As a result of your visit to our website, ad
server companies may collect information such as your domain type, your IP
address and clickstream information.
G. COPYRIGHT AND TRADEMARK
POLICY
All content included in our Services,
such as text, graphics, logos, button icons, images, clips, digital downloads,
data compilations, and software, is the property of the Company and its content
suppliers and protected by copyright laws. All software used on this website is
the property of the Company.
H. SUSPENSION OF USER
ACCESS AND ACTIVITY
Notwithstanding other legal remedies
that may be available to it, the Company may in its sole discretion limit the
User's access and/ or activity by immediately removing the User's access
credentials either temporarily or indefinitely, or suspend / terminate the
User's membership, and/or refuse to provide User with access to the Website,
without being required to provide the User with notice or cause:
a) If the User is in breach any of
these Terms or the Policy;
b) If the User has provided wrong,
inaccurate, incomplete or incorrect information;
c) If the User's actions may cause
any harm, damage or loss to the other users or to the Website/Company, at the
sole discretion of the Company.
I. THIRD-PARTY WEBSITES
Our website may contain links to
other websites. When you click on one of these links, you are navigating to
another website. We do not accept liability for misuse of any information by
any website controller to which we may link. We also do not have any
responsibility of liability for the content on websites that use www.nextvisionhome.com
search functionality. We encourage you to read the privacy statements of these
websites, which may differ from ours.
J. INDEMNIFICATION AND
LIMITATION OF LIABILITY
Each User agrees to indemnify, defend
and hold harmless the Company and its affiliates including but not limited to
its (and its affiliates’) officers, directors, consultants, agents and
employees (“Indemnities”) 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 the Indemnities 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 such User
pursuant to these General Terms of Use. Further, each User agrees to hold the
Indemnities harmless against any claims made by any third party due to, or
arising out of, or in connection with, such User’s use of the Website or
Services, User’s violation of the General Terms of Use, or User’s violation of
any rights of another, including any intellectual property rights.
In no event shall the Indemnities, be
liable to the Users or any third party for any special, incidental, indirect,
consequential or punitive damages whatsoever, including those resulting from
loss of use, data or profits, whether or not foreseeable or whether or not the
Company has been advised of the possibility of such damages, arising out of or
in connection with (i) User’s use of or access to the Website, Services or
materials on the Website; or (ii) services provided by any Registered Service
Provider.
The limitations and exclusions in
this Section apply to the maximum extent permitted by applicable laws.
K. ENTIRE AGREEMENT
These Terms, read with the Policy
form the complete and final contract between the User and the Company with
respect to the subject matter hereof and supersedes all other communications,
representations and agreements (whether oral, written or otherwise) relating
thereto;
L. WAIVER
The failure of either Party at any
time to require performance of any provision of these Terms shall in no manner
affect such Party's right at a later time to enforce the same. No waiver by
either Party of any breach of these Terms, 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 such breach, or a waiver of any other breach of these
Terms.
M. SEVERABILITY
If any provision/clause of these
Terms is held to be invalid, illegal or unenforceable by any court or authority
of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions/clauses of these Terms shall in no way be affected or
impaired thereby, and each such provision/clause of these Terms shall be valid
and enforceable to the fullest extent permitted by law. In such case, these
Terms shall be reformed to the minimum extent necessary to correct any
invalidity, illegality or unenforceability, while preserving to the maximum
extent the original rights, intentions and commercial expectations of the
Parties hereto, as expressed herein.
N. DISCLAIMER
For all the real estate projects
displayed on our website the information has been gathered by Next Vision Home,
web portal owned by Next Vision Research Solutions Pvt Ltd. “the Company”
through public sources/project marketing material/internet sources/on their own
and has not been provided by the developer and hence shall not be construed as
an offer for sale or an advertisement for sale by Next Vision Home or by the
builder/developer. Additionally--
Next Vision Home shall neither be
responsible nor liable for any inaccuracy in the information provided here and
therefore the customers are requested to validate the information from the
respective builders/developers before making any decision of the purchase of
properties. Next Vision Home, its directors, employees, agents and other
representatives shall not be liable for any action taken, cost / expenses / losses
incurred by you based on the information given on its portal.
