Terms of Services

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Agreement :

This website, www.kubma.com, (hereinafter referred to as "Kubma") is owned, hosted and operated by Creative Clutch Private Ltd (hereinafter referred to as CCPL), a company incorporated in India under theCompanies Act, 1956and having its registered office at 324, 2nd Floor, Sector 28, Noida - 201301. These terms and conditions regulating the use of services constitute a legally binding agreement between Kubma and the User.

Terms and Conditions :

‘www.kubma.com’ and/or any other website(s) linked to this website are online information and communications services provided to you, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Kubma, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Kubma. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (legal@Kubma.com). CCPL may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Kubma. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Kubma, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. CCPL may also suspend the operation of Kubma for support or technical upgradation, maintenance work, in order to update the content or for any other reason. If you utilize Kubma in a manner inconsistent with these terms and conditions, CCPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Restrictions :

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Kubma (whether on a paid or free basis), and to whom the access to Kubma is restricted by the use of a sign in user name and a password. The user name and password are either allotted by Kubma or chosen by the Subscriber or agreed upon by Kubma. It is made abundantly clear that only the authorised User has the right to access the Services so offered by Kubma. The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Kubma, without the need or a requirement to create an account i.e. visits non-restricted portions of Kubma. The use and access to Kubma shall be subject to these terms and conditions. For the purposes of this Agreement, 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 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of Kubma, and expressly so with respect to respecting the intellectual property rights of the CCPL, and abiding by terms and conditions below mentioned. The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s) The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Kubma on the internet through which the user may access information carried by Kubma in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Kubma acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016(http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535) as amended read with any rules or regulations that might be framed thereunder.
The term LMA shall mean and include the Legal Metrology Act, 2009 (https://consumeraffairs.nic.in/acts-and-rules/legal-metrology/the-legal-metrology-act-2009) https://consumeraffairs.nic.in/acts-and-rules/legal-metrology/the-legal-metrology-act-2009)as amended read with any rules or regulations that might be framed thereunder

SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to Kubma unless the User submitting such a Listing/Advertisement has acquired/received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on Kubma. Similarly, Kubma doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by Kubma & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. In case a User is covered under the RERDA, it shall have to ensure adherence of all compliance necessary, including but not limited to obtaining the necessary registrations etc. The User shall disclose all material information as required by LMA and in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, CCPL may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. CCPL may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, CCPL may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. CCPL will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions . Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the Kubma website. CCPL shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Kubma and CCPL shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
(a) to represent and warrant that all Properties and associated information provided by the User will be accurate;
(b) that the User will not permit the posting of a property on Kubma under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
CCPL shall place the information relating to properties at defined sections of Kubma or such other mirror or parallel site(s). CCPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's website or on Kubma without notice. CCPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While CCPL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Kubma.
Users, who are buying/renting property/properties through Kubma, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.

Payment Terms

Payments for the Services offered by Kubma shall be on a 100% advance basis unless otherwise stated as per offers or promotions. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Creative Clutch Private Limited. CCPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that CCPL/Kubma.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to CCPL under any other agreement or commercial relationship towards other products/services. Creative Clutch Private Ltd gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Creative Clutch Private Ltd. undertakes no liability for free Services. Creative Clutch Private Ltd. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Creative Clutch India Limited uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Creative Clutch India Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Creative Clutch India Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Creative Clutch Private Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
Creative Clutch India Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Refund in failed transactions

CCPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Kubma.
If you utilize Kubma in a manner inconsistent with these terms and conditions, CCPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

USE OF INFORMATION

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Kubma. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Kubma. Kubma does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trade marks and Service marks ("Marks") appearing in Kubma are the properties either owned or used under license by CCPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with CCPL / its associates. The access to Kubma does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
CCPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. CCPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) is found to be using Kubma as a platform to infringe the Intellectual Property Rights of others, CCPL will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access Kubma, CCPL grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

RESTRICTIONS/ PROHIBITIONS

All logos, brands, trade marks and Service marks ("Marks") appearing in Kubma are the properties either owned or used under license by CCPL and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with CCPL / its associates. The access to Kubma does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India. CCPL respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. CCPL shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) is found to be using Kubma as a platform to infringe the Intellectual Property Rights of others, CCPL will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access Kubma, CCPL grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:
(a) Utilise the Services offered by Kubma in any manner so as to impair the interests and functioning of CCPL/Kubma and which is non-compliant with laws and regulations including RERDA.
(b) Access data not intended for you or log into server or account that you are not authorized to access;
(c) Attempt to probe, scan or test the vulnerability of a system or network;
(d) Attempt or breach security or authentication measures without proper authorization;
(e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Kubma, overloading, Flooding, mail bombing or crashing;
(f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Kubma except as permitted;
(g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Kubma to any other system. No reproduction of any part of Kubma may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Kubma, whether in hard copy or electronic format, including postings to any other Kubma; or
(h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from Kubma or link to Kubma, without our express written consent.
(i) The user shall not utilise the Services offered by Kubma in any manner so as to impair the interests and functioning of CCPL/Kubma. The user undertakes not to duplicate, download publish, modify and distribute material on Kubma.com unless specifically authorised by CCPL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Kubma other than the Home Page without obtaining prior consent of CCPL. CCPL strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorised in writing.
(j) users undertake that the Services offered by Kubma shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. CCPL is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by CCPL to relay emails. All attempts shall be made by CCPL and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to Kubma or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation. Violations of system or network security may result in civil or criminal liability.

LINKS TO THIRD PARTY WEB SITES

Kubma may provide links to other third-party World Wide Web sites or resources. CCPL makes no representations whatsoever about any other Web site you may access through Kubma.

DISCLAIMER AND WARRANTIES

Kubma is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000. THE CONTENT OF Kubma IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
CCPL AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF Kubma.
Views expressed by the Users are their own, CCPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. CCPL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
CCPL offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to CCPL/Kubma are solely for the purposes of display of the property advertised.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. CCPL does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in CCPL or any of its Affiliates. Further, nothing contained in Kubma should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and CCPL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
Kubma is controlled and operated from India and CCPL makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Kubma from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
CCPL offers products, Services, content and various other functionalities through Kubma and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. CCPL does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Kubma may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that CCPL intends to announce, launch or provide such products, programs or Services in your country.

LIMITATION OF LIABILITY

CCPL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Kubma, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
CCPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of User's data/information. CCPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of CCPL (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon CCPL.

TERMINATION

CCPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Kubma (or any part thereof) for any reason, including, without limitation, that CCPL based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on Kubma may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, CCPL and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of Kubma material or your breach of these terms and conditions or any applicable law.
CCPL will not be party to any legal proceedings between parties contracted through these Services. In case CCPL is sought to implicated in any legal proceedings, costs will be recovered from the party that names CCPL as a party to such proceedings. CCPL shall abide with any court order served on it through due process.