Eligibility |
Membership to the Makaan.com is void where prohibited. For using this site you must be eligible to enter into, execute and abide the terms of this, contract as per the applicable laws of India. Your use of Makaan.com represents and warrants that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms of Use Agreement of this Agreement.
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You agree to inform Makaan.com your subsequent disability to enter into any contract.
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Subsequent disability shall entitle Makaan.com to restrict/change/terminate this agreement at its own discretion with or without any notice to you in this regard.
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Free consent |
You state that the very fact that you are visiting/have visited the Makaan.com is a complete unqualified acceptance of yours relating to various Terms of Use Agreement detailed in the website as also in the disclaimer section of this Agreement. You fully declare and undertake with a sound mind without any undue force, pressure, influence or coercion on you, that you shall be fully bound by the terms of this Contract. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a visitor of this Makaan.com site or as a seeker or querist of opinion, advice or consultancy from the services of the Makaan.com site or on account of non-payment of any dues in respect of the services rendered under this Agreement then the exclusive jurisdiction to file law suits against you, being the user/member/querist, shall be in the courts at MUMBAI only.
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Services |
Welcome to Makaan.com, the India's leading real estate/property related Service Provider. In order to use the Makaan.com Site ("Site"), you may get yourself registered as a member of the Site ("Member") by providing your correct and true information as required to be provided in our registration process.
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Makaan.com can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to you.
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Makaan.com may at its sole discretion from time to time offer you variety of features and facilities for the service.
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Contract |
This is a Contract/Agreement between you and Makaan.com, a division of People Interactive (I) Private Limited having its registered office at 205, Shiv e Numh, Dr. Annie Besant Road, Worli, MUMBAI-400018.
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Makaan.com and its services are, hereinafter referred as, Makaan.com, Makaan.com site, Makaan.com service(s), service(s) or we.
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This Contract is effective from the date when you first start using Makaan.com and/or first start registration on Makaan.com and shall continue until terminated by either party expressly by giving written notice. Any notice of termination of this Contract by yourself shall be treated as null and void if you start using this Makaan.com service after sending such notice.
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Makaan.com provides services relating to real estate/property and other connected services without any specific warranty of any specific result/outcome.
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Makaan.com may modify this Agreement from time to time. Any alteration in this Contract term shall be effective on sending an alert email to that effect to your email address as provided by you from time to time. You are supposed to check the provisions of this Contract regularly to update yourself accordingly. Your use of Makaan.com site implies your acceptance of change in this Contract as effected by Makaan.com from time to time.
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THIS CONTRACT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES Please read and understand the terms of DISCLAIMER, clause (13) of this Contract.
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Term & termination |
This Agreement will remain in full force and effect after you first use the Site and/or are a Member of Makaan.com.
Makaan.com reserves its right to change the Service or delete features at any time and for any reason and to cancel or suspend your Service at any time. Such cancellation or suspension may be without cause and/or without notice. In case of service cancellation, your right to use the Service ceases right away. Once the Service is cancelled or suspended, any data/content you may have stored/submitted to Makaan.com may not be retrieved later. If we cancel the Service in its entirety without any cause, then we will refund to you, on a pro-rata basis the amount of your payment corresponding to the portion of your Service remaining right before such cancellation.
You understand that Makaan.com may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the services of Makaan.com.
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Authority to submit information/content on Makaan.com |
Any information/content in relation to any property or otherwise shall be submitted by you only and only if you are: - Undisputed legal owner of said property; or - Legally valid Special Power of Attorney holder from the undisputed legal owner of said property to perform under this Contract; or - Holding any other legally valid authority document(s); or - Otherwise legally authorized to submit such information.
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Unauthorised use of Makaan.com |
You will not provide links to other websites, whether deemed competitive to Makaan.com or otherwise. Illegal and/or unauthorized use of the Site, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Makaan.com shall be entitled to recover from you, your successors, heirs, assigns etc any profit, revenue, benefit etc which you have gained/received, expected or going to receive along with penalty @ 100% of such profit/revenue/benefit by unauthorized use of this site.
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Other terms of use by members |
In case of content submitted to Makaan.com is not correct, misleading and/or such content are submitted without any authority to do that then Makaan.com reserves its rights to take all necessary action, civil, criminal including cancellation of any one or all your registrations with or without any notice to you in this regard without any refund on any of your accounts. You will not transmit any chain letters or junk email to other Makaan.com Members.
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Makaan.com reserves the right to screen messages that you may send to others through Makaan.com site. Although Makaan.com cannot monitor the conduct of its Members off the Makaan.com Site, it is also a violation of this Contract to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
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In order to protect Makaan.com and/or our Members from any abuse / misuse, Makaan.com reserves the right to restrict the use of Makaan.com by you for such period which Makaan.com deems appropriate in its sole discretion. You may not use any automated processes, including IRC Bots, EXE's, CGI or any other programs/scripts to view content on or communicate/contact/respond/interact with Makaan.com and/or its Members.
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Content posted on the site |
(A) Does not infringe on any third party's intellectual property or proprietary rights or rights of publicity or privacy
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(B) Does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority
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(C) Is not defamatory, libelous, pornographic or obscene
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(D) Does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to Makaan.com by law.
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(E) Makaan.com may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Makaan.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Makaan.com has rights to suspend or terminate your account and refuse any and all current or future use of the Makaan.com site and its services (or any portion thereof). Makaan.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Makaan.com Site and the Makaan.com Service.
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(F) The Site contains the copyrighted material, trademarks, and other proprietary information of Makaan.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Makaan.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
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(G) All lawful, legal and non-objectionable messages (in the sole discretion of Makaan.com), content and/or other information, content or material that you post on the forum boards shall become the property of Makaan.com. Makaan.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content
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(H) You understand and agree that - Makaan.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Makaan.com violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Makaan.com and/or its Members or any third party. - You are solely responsible for the Content that you publish, display or submit (hereinafter, "post") on Makaan.com, or transmit to other Makaan.com Members.
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(I) Makaan.com reserves the right to verify the authenticity of Content posted on the site. In exercising this right, Makaan.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence within prescribed time, Makaan.com may, in its sole discretion, terminate your Membership without any refund and pull out your content from the Makaan.com site.
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(J) By posting Content to any public area of Makaan.com, you automatically grant, and you represent and warrant that you have the right to grant, to Makaan.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing.
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(K) - The following is an incomplete and partial list of the kind of Content that is illegal or prohibited on the Site. Makaan.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Makaan.com site and terminating the Membership of such violators without a refund. It includes Content that:
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(L) - The following is an incomplete and partial list of the kind of Content that is illegal or prohibited on the Site. Makaan.com will investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Makaan.com site and terminating the Membership of such violators without a refund. It includes Content that:
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a) Is patently offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
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b) Harasses or advocates harassment of another person
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c) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
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d) Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
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e) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
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f) Displays pornographic or sexually explicit material of any kind
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g) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
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h) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users
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i) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
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j) You must use the Makaan.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations.
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Intellectual property policy |
You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights.
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Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Makaan.com Service in a way that constitutes copyright infringement, please provide us with the following information.
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a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
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b) A description of the copyrighted work that you claim has been infringed
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c) A description of where the material that you claim is infringing is located on the Site
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d) Your address, telephone number, and email address
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e) A written statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law
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f) Where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right
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g) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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h) Makaan.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the MUMBAI address located under the Help/Contact section on the site.
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Member disputes |
You are solely responsible for your interactions with other Makaan.com Members. Makaan.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Makaan.com also reserves the right to take appropriate action against errant members. However, Makaan.com is not obliged to share such action with other members, including complainants.
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Privacy |
Makaan.com is concerned about the safety and privacy of all its users. The Makaan.com Privacy Policy governs use of the Makaan.com Site and/or the Makaan.com Service. Makaan.com is not supposed to intentionally monitor or disclose any private e-mail message or address information unless required by any law, or order of court or any statutory authority. You agree to respect the privacy and confidentiality of others.
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Dealings with advertisers |
Makaan.com does not endorse any advertiser or any of its products. Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Makaan.com service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Makaan.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Makaan.com site.
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Disclaimers/Limitation of liability |
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Disclaimers
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Makaan.com will take all possible measures to avoid any misrepresentation, fraud, illegal and unlawful action/inaction by any person using services of Makaan.com but does not guarantee for any accuracy, correctness and/or reliability of any such information/content or user of Makaan.com. You are bound to be alert and check the accuracy and correctness of any information submitted by any user on Makaan.com site. Any thing provided on this site is only for your reference and should not be treated as an advice of Makaan.com and before using or putting into any use of any such advise, or draft document you must consult a Legal practitioner.
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Your use of the Makaan.com service is at your sole risk please note that this contract strictly limits our liability and Makaan.com does not provide any warranty for the service. The contract also limits your remedies.
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Makaan.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Makaan.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Makaan.com service whether online or offline.
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Makaan.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.
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Makaan.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to you, users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Makaan.com site and/or in connection with the Makaan.com service.
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Under no circumstances will Makaan.com be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content posted on the Makaan.com site or transmitted to Makaan.com members. The exchange of any information/messages through Makaan.com should not in any way be construed as any offer and/or recommendation from/by Makaan.com. |
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Makaan.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Makaan.com. The site and the service are provided "as-is". Makaan.com cannot guarantee and does not promise any specific results from use of the site and/or the Makaan.com service. |
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Makaan.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. |
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Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. |
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Makaan.com disclaims any liability, whatsoever, arising out of or in connection with the services being offered though Makaan.com. |
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Limitation on liability |
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You expressly understand and agree that Makaan.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Makaan.com has been advised of the possibility of such damages), resulting from: |
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a) The use or the inability to use the service |
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b) The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Makaan.com |
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c) Unauthorized access to or alteration of your transmissions or data |
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d) Statements or conduct of any third party on the Makaan.com |
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e) Any other matter relating to the Makaan.com services. - notwithstanding anything to the contrary contained herein, Makaan.com 'S liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Makaan.com , for the service during the term of membership. |
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Disputes |
Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 24 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the Makaan.com you further agree that the laws of India will govern the disputed matter. You agree to the exclusive jurisdiction of the courts of MUMBAI, India.
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Assignment |
Makaan.com may assign this contract to anybody with or without notice to you. You cannot assign this contract to anybody without getting prior written approval/consent of Makaan.com. Any such transfer/assignment by you without getting approval of Makaan.com shall be void.
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Indemnity |
You agree to indemnify and hold Makaan.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Makaan.com Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.
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Notice |
Any notice required to be given under this or in connection with this Contract, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by you once it is sent to your email id updated by you from time to time. You can send any notice to Makaan.com by registered post address as mentioned in section and it shall be deemed as received by Makaan.com only after actual receipt of such notice by Makaan.com.
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Other |
By becoming a Member of the Site / Makaan.com, you agree to receive certain specific emails from Makaan.com. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Makaan.com service, contains the entire agreement between you and Makaan.com regarding the use of the Site and/or the Service.
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If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the Makaan.com. If you notice any abuse or misuse of the Site or any thing, which is in violation of this Agreement, you shall forthwith report such violation to Makaan.com by writing to customer care.
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On receipt of such complaint, Makaan.com may investigate such complaint and if necessary may terminate the membership of the Member responsible for such violation abuse or misuse without any refund of subscription fee.
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Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee and any Member making/indulging directly or indirectly in making false complaint against any other registered member/potential member then
Makaan.com shall be entitled to recover all loss, costs, expenses, damages etc which may be incurred by Makaan.com due to action taken on the basis of such false information/complaint.
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