Terms and Conditions

The website, www.gemhomes.co.in ("Site") is an electronic web-based platform acting in the capacity of a search engine or advertising agency only, for exchanging, exploring, and enhancing business online for real estate, housing, and property in India. It is owned and managed by Gem Homes & Realtech Pvt. Ltd. ("Company") with its registered office in New Delhi, India. Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms").

It is mandatory for all Users of the Site to have read carefully, fully understood, and be in total agreement with the below-mentioned Terms before they proceed to use any of the services of the Site ("Services"). The Services are available only to those individuals, firms, or companies who can form legally binding contracts under Indian law.

Definition Clause

User: For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Gemhomes.co.in as a registered User or whether said User is a paying User for a specific service provided by gemhomes.co.in. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority.

Un-Authorized User: Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an "unauthorized User" and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.

Free Services: Any person/entity that joins the portal www.gemhomes.co.in just with the intention to enlist their listing and showcase their business online without availing of any specialized services thereto.

Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site ("Paid Services") to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.

RERDA: The term "RERDA" shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder.

Representations & Warranties

By using the Site and its Services, the Users represent and warrant that:

• All registration information submitted is truthful and accurate.
• The User will maintain the accuracy of such information.
• The User is 18 years of age or older.
• The use of the Site does not violate any applicable law or regulation.
• The User's profile may be deleted and their Membership terminated without warning if we believe they are in breach of any of the above terms.
• In no event will the Site be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence, or other tortious action, arising out of or in connection with the use of the site.

General Usage Rules

The Users agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person, and the transmission of obscene or offensive content or disruption of the normal flow of dialogue within this site.

If any User, individual, or entity becomes aware of any inappropriate content posted by any User of this site, please contact us immediately by clicking on the "Feedback" link at the footer of every page.

As an INTERMEDIARY, our role is limited. The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the Users of the Site have posted ONLY products and services on which they have complete authorization, ownership, dealership, or selling rights. If you have any concern related to copyright infringement, we appreciate it being brought to our notice. The Site neither advocates/endorses products that may be deemed to be infringing by virtue of being listed, nor does it endorse the infringement by removing such listings.

The Site shall not be liable for any such information or data which is not within its knowledge, acknowledgment, contraventions, or copyright issues committed by its Users, and which is beyond the control of verification. The Site shall have sole discretion regarding the deletion of a User's classifieds/listings if the same is found to be in contravention of the copyright/intellectual property rights of a third party. This clause is in compliance with the INFORMATION TECHNOLOGY ACT 2000.

Agreement and Membership Policies

This Agreement applies to each Paid Service in addition to any terms and conditions that may be applicable to such specific Paid Service. In the event of any conflict or inconsistency, it shall be resolved in a manner favorable to Gemhomes.co.in and/or its affiliates. Gemhomes.co.in may amend this Agreement at any time by posting the amended and restated Agreement on the Site, which shall be effective immediately.

Membership is activated within 5 working days from the receipt of activation charges. Web pages are created as per the information/approval provided by the User. Users acknowledge that the servers belong to a third party, and access is subject to availability. Gemhomes.co.in or the parent company is not responsible for costs, damages, or extensions of the activation period due to technical issues, server interruptions, or hackers.

Users are strongly advised to spool and save messages offline elsewhere. Membership charges are subject to revision at the sole discretion of the company.

Users agree to accept communications (through Calls, Chat, Mails, SMS, and WhatsApp) on the numbers made available during registration or subsequently, irrespective of being on the Do Not Call Registry, with respect to the subscribed services.

User's Obligations

• The User agrees and HTML-expresses that they are solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company. The User will ensure that the data shared doesn't contain any fraudulent, false, misleading, or manipulated facts.
• The User agrees to have acquired all the necessary rights and authorizations before posting any information on the Site, including but not limited to listing information, property descriptions, photographs, maps, layouts, and contact information.
• In case a User is covered under the RERDA, it shall ensure all necessary statutory compliance, including but not limited to obtaining the necessary registrations.
• The Site may require the User to support their claims with respect to the status of the property with such documents as may be specified from time to time.
• The User is responsible for the setup or configuration of all the necessary equipment required to access the Service.
• The User will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
• The User shall be solely responsible for all information retrieved, stored, and transmitted through the Service by them.
• The User is solely responsible for maintaining the confidentiality of the login information, Username, and password.
• The User will immediately notify the Company of any unauthorized use of their account or any other breach of security.
• The User will pay promptly the Subscription Fees as required by the Company from time to time.
• The User will take all such measures as may be necessary (including changing their password from time to time) to protect account security.
• In case you choose to discontinue your association with us, you can unsubscribe or remove your account by completing the delisting procedure using the "Remove Account" link available in your folder.

Proprietary Rights in Content

Gemhomes.co.in owns and retains all proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of Gemhomes.co.in. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information without prior written permission.

Intellectual Property Rights

All logos, brands, trademarks, and registered marks ("Marks") appearing on Gemhomes.co.in are the properties either owned or used under license by the Company and/or its associates. All rights accruing from the same wholly vest with the Company. The access to the Site does not confer upon the User any license or right to use these Marks, and their use in any form whatsoever is strictly prohibited. Any violation will constitute an offense under the prevailing laws of India.

Prohibited Use

• The User shall not use the Services offered by the Site in any manner that impairs the interests and functioning of the Site or which is non-compliant with laws and regulations, including RERDA.
• The User will not allow any unauthorized person to use the Service.
• The User shall use the Service only for the purpose for which it is subscribed.
• The User will comply with all applicable laws of India relating to the Services.
• The User shall not use the Service for any unlawful or criminal purposes.
• The User shall not use the Service to send or receive any message which is offensive on moral, religious, racial, or political grounds, or of a vulgar, obscene, malicious, or menacing nature.
• The User is prohibited from persistently sending messages or making postings to any other User or third party without reasonable cause or for causing harassment, annoyance, irritation, or anxiety.
• The User is prohibited from introducing, uploading, posting, distributing, publishing, or transmitting any information or software that:
  1. Contains a virus, worm, or other harmful component into the Internet or the Gemhomes network system.
  2. Breaches any intellectual property rights of any person.
  3. Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially/ethnically objectionable.
  4. Is meant to mislead or deceive other Users.
  5. Infringes any trademark, patent, or copyright.
• Gemhomes.co.in does not allow registration or transactions by any member/user that has direct or indirect involvement with any sanctioned countries/territories (Cuba, Iran, Syria, North Korea, Crimea, and Sevastopol) as per sanctions laws imposed by the UN, US, UK, EU, or any other Government and Regulatory authorities.

In the event of a violation of any of the above-mentioned covenants, the Company shall have the right to delete any material relating to the violations without prior notice. The Company shall issue a warning to the User, and if the User continues, the Company has the sole authority to terminate or suspend the membership.

Copyright Policy

You may not post, distribute, or reproduce copyrighted material without obtaining the prior written consent of the owner. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with: a physical/electronic signature of the authorized person; a description of the copyrighted work; a description of the location of the material on our Site; your address, telephone number, and email; a written statement of good faith belief that the use is unauthorized; and a statement made under penalty of perjury that the information is accurate. Our Copyright Agent can be reached by writing to the address located under the "Contact Us" section.

Confidentiality

As Gemhomes.co.in is an online platform, it cannot guarantee absolute confidentiality of information provided by Users. Any breach in privacy due to technical faults or other means is not the responsibility of Gemhomes.co.in. The User is entitled to access and edit their own data and information stored in our database (subject to prior confirmation of identity).

Users acknowledge that voluntarily revealing identification-oriented information (like names and email addresses) in public areas leading to unsolicited messages from third parties is beyond the control and liability of Gemhomes.co.in. Gemhomes.co.in is liable to share all information available with it in response to legal proceedings including court orders, subpoenas, notices, or FIRs.

The copyright, know-how, or any other related intellectual property to the Service or Gemhomes.co.in shall be the sole and exclusive property of the Company. Any content contributed by the User is automatically assigned to the Company, and the User shall have no right or claim over the same. Any unauthorized use of such intellectual property on other websites can be construed as infringement and subject to legal recourse.