This is a Contract / Agreement between you ("Broker or Agent") and Makaan.com Pvt. Ltd., having its registered office at 546, People House, Udyog Vihar , Phase-V, Gurgaon (hereinafter after referred as "Company" / "Makaan.com"/"we"). This Contract is effective from the date when you register on Makaan.com and the same shall continue until terminated by either party expressly by giving written notice. Makaan.com provides marketing and lead generation services and other connected services without any specific warranty of any specific result / outcome. Makaan.com may modify this Agreement from time to time at its own discretion. 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. THIS CONTRACT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES. Please read and understand the terms of disclaimer as per clause (14) of this Contract.
You can become a registered broker on Makaan.com by successfully registering on the website www.makaan.com. 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 registration on 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 this Agreement. You agree to inform Makaan.com your subsequent disability to enter into any contract. 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. This may also lead to withdrawal of access rights to the Makaan.com services.
You state that the very fact that you have registered as a Broker on Makaan.com is your complete unqualified acceptance, relating to various terms detailed in 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 Agreement. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a Broker under this Agreement then the exclusive jurisdiction to file law suits against you, being the user/member/querist, shall be in the courts at GURGAON only.
Broker hereby agrees to deliver to Makaan.com, via an interface determined by Makaan.com and in a format and language specified by Makaan.com, all data and photographs within the Broker’s database (the "Listings"). Broker hereby further confirms that he has full authority to publish the Listings on Makaan.com.
Broker hereby grants the Company and its affiliates a worldwide, royalty free, non-exclusive, irrevocable license to use, display and archive the Broker’s Listings on any and all websites owned in whole or in part, operated or controlled by the Company or its subsidiaries (collectively known as "Platform") including without Makaan.com.
Upon registration as a Broker on Makaan.com you will get free listing services which shall include the following:
Makaan.com shall charge you service charges as per Annexure “Transaction Fees” for rendering the above mentioned services (hereinafter referred to as “Service Charges”). Service Charges shall be charged only on the successful completion of the transaction with the customers referred to the Broker through Makaan.com. Service Charges shall be subject to change from time to time as per the discretion of Makaan.com
One time Registration on Makaan.com Platform will be without any service charges, regardless of any number of properties uploaded. Makaan.com does not restrict the Member from uploading properties as long as properties conforms to the quality standards as prescribed by the Makaan.com.
Upon successful completion of the transaction Makaan.com will notify the Broker and Broker is obliged to respond to such notification within 7 days from the date of receipt. In case of no response from Broker for a period of 7 days, the transaction shall be assumed to be confirmed by the concerned Broker and Service Charges shall be come due.
Makaan.com will submit an Invoice of Service Charges for every confirmed transaction which shall be honored and settled by the Broker within 7 days from the date of Invoice. Delayed payments shall be liable for penal interest at 18% per annum.
The Fixed Transaction fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments or any other payment mode integrated on the Platform. All payments will be subject to applicable taxes and duties as may be levied by the relevant authorities.
On completion of the registration process and by accepting the terms of this Agreement, Broker hereby undertake:
On completion of the registration process and by accepting the terms of this Agreement, Broker hereby acknowledge:
If any amount payable by the Broker to Makaan.com is not paid on or before the due date, Makaan.com may without prejudice to any other rights or remedies that may be available to it suspend the Service /Services provided to the Broker.
When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by Makaan.com.
Upon subsequent payment by the Broker of such monies as is due to be payable to Makaan.com, Makaan.com may at its discretion and subject to such terms as it deems proper, restore the Service(s).
This Agreement will remain in full force and effect after you have completed the registration as a Broker on Makaan.com. Makaan.com reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your registration 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 registration is cancelled or suspended, any data/content you may have stored/submitted to Makaan.com may not be retrieved later. 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.
You may decide to terminate this Agreement by disabling your login on the Platform. In the event of such a termination you shall remain liable to pay for the Service Charges already accrued or as may be accrued in future due to closure of transaction with the customers referred by Makaan.com
In case of content/data/information submitted by you to Makaan.com, for availing the Services provided by Makaan.com, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Makaan.com reserves its rights to take appropriate legal actions including cancellation of any or all your registrations with or without any notice to you in this regard.
Makaan.com reserves the right to screen messages that you may send to others through Makaan.com site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent.
In order to protect Makaan.com and/or its users 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 cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs / scripts to view and collect information or content on or communicate / contact / respond / interact with Makaan.com and / or its users unless specifically permitted by Makaan.com
You hereby confirm that the Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized and including termination of your rights to use the service and any other remedies available to Makaan.com by law;
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;
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;
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;
As a user of the platform you further agree to be abide by:
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.
Each Party’s relationship to the other Party is that of an independent contractor. The Parties are not partners or joint ventures with one another and do not intend to form a partnership or joint venture.
The Parties agree that all matters related to this Agreement shall be governed by the Laws of India each Party irrevocably consents to the exclusive jurisdiction of the state of Haryana with respect to any action brought in connection with this Agreement.
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