TERMS AND CONDITIONS:
CONTRACT:
By using or visiting website, mobile applications, software, data feeds, and services provided to you (collectively the "Service" ) you signify your agreement to these terms and conditions (the "Terms of Service") and privacy policy (the “Privacy Policy” ) of the Company. If you do not agree to any of these terms, please do not use the Service.
Welcome to shreesampati.com! We are a digital real estate advertising / marketing and information services platform connecting people with the real estate market. shreesampati.com and our subsidiaries and affiliates (collectively the “Company” or "shreesampati.com" ) provide you with access to a variety of services, including but not limited to the www.shreesampati.com website (the "Website" ) and Shreesampati.com's mobile applications (the “Mobile App” ) and all the products and services available through our Website and Mobile App (collectively the "Services"). The Website and Mobile App is owned and operated by Shreesampati.com Private Limited, a company incorporated under the laws of India.
This document and the Privacy Policy is an electronic record in terms of Information Technology Act, of Nepal and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act of Nepal. These ‘Terms of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
POLICY APPLY FOR:
Some parts of this Policy are directed at specific types of people. We use some special terminology to refer to them, which we define below. This Policy applies to everyone who uses our Services, but sometimes we direct parts of it toward particular groups of users.
Users: "Users" are everyone who uses our Services.
Real Estate Professionals (REPs): "Real Estate Professionals," or "REPs" are users who have created accounts (free or paid) with us to avail our advertising services, and avail our other Services that we direct towards the professional real estate community. REPs include landlords, agents, developers, institutional property consultants, mortgage professionals and other service providers.
DATA COLLECTION:
We collect information from everyone who uses our Services: Like many online services, we use technologies like session and persistent cookies, web beacons (tiny image files on web pages that communicate information about the page viewer to the beacon owner), log data, and third-party analytics services to collect and analyze information about all users of our Services. This includes things like User search preferences, interaction with ads on our Services, and location.
Our servers automatically record information ("Log Data") created by your use of the Services. Log Data may include information such as your IP address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device, search terms, and cookie information. We receive Log Data when you interact with our Services, for example, when you visit our Website and / or Mobile App, sign into our Services, or interact with our email notifications. We use Log Data to provide our Services and to measure, customize, and improve them, as well as collect and use them in the aggregate. This policy does not apply to, nor do we take any responsibility for any information that is collected by any third party either using the Services or through any links on the Website and / or Mobile App or through any of the advertisements.
Cookies are small data files that we transfer to your computer. We use "session" cookies to keep you logged in while you use our Services, to better understand how you interact with our Services, and to monitor aggregate usage and web traffic information on our Services. We use "persistent" cookies to recognize you each time you return to our Services. For example, we create a persistent cookie that includes some basic information about you, like your most recent search and whether an agent responded to a query you sent using shreesampati.com's Services. We use this persistent cookie to remember your preferences and, if you create an account, to make your user experience consistent after you register.
Most internet browsers automatically accept cookies, but you can change your settings or use third-party tools to refuse cookies or prompt you before accepting cookies from the websites you visit. You can also use your browser settings or other tools to delete cookies you already have. Please be aware that some parts of our Services may not work for you if you disable cookies.
Information we collect from REPs: If you create a REP account with us, whether as a landlord, agent, developer or other service provider, we will ask you to provide certain information in order to set up your account. We ask all REPs to provide details including but not limited to your name, your company name (if available), phone number, email address and details of the property to be uploaded on the Website etc. If you create a paid REP account and become a subscriber, we require you to submit all of the information including but not limited to as required from landlords and agents as well as a description of your campaign and/or your property details. We may also collect financial data like credit card information and billing addresses from subscribers, so that we can process the billing as per the choice of your product and services you subscribe. A shreesampati.com representative may call you to verify your information.
Additional information about you that we obtain from third parties: We may sometimes obtain information about you from third parties and use it to serve you better. For example, our partners may help us provide predictions of your income range and how likely you may be to purchase a home. We will share this augmented data only with selected REPs (subscribers) who you choose to share information with by contacting them through the shreesampati.com Services.
Location Data: If you provide location information (like a ZIP code, street address, or even just a city) during the registration process or at any other time via your account settings, we will store that information and associate it with your account. We may use and store information about your location to provide localized features, to analyze our Services with the help of third-party analytics services, to provide you with relevant advertising and marketing recommendations, and otherwise to improve and customize our Services.
WHY WE COLLECT INFORMATION:
shreesampati.com provides digital real estate advertising / marketing and information services through its Website, Mobile App and other services. To provide our Services, we use the information we collect to:
Help you find the most relevant information for your situation by customizing our Services to optimize your experience.
Keep you connected with shreesampati.com across the internet and update you with residential real estate-related news and information.
Put you in touch with the right people to sell, buy, rent, or research residential real estate, obtain a mortgage, avail related services and to optimize the information we share with those parties to initiate a productive and efficient relationship.
SERVICE DISCRIPTION:
shreesampati.com attempts to be as accurate as possible. However, shreesampati.com does not warrant that descriptions of or content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. shreesampati.com provides links to other sites over which shreesampati.com has no control. shreesampati.com is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.
From time to time, we share the information of those who access our Services with the other reputable organizations whose products or services we think you might find interesting and suits to your requirements. If you do not want us to share your information with other companies or organizations, please let us know by emailing us at customer.service@shreesampati.com.
Persons who supply us with their telephone numbers on-line may receive telephone calls or text messages from us with information regarding new products or services or upcoming events. You hereby give specific consent to receive the telephone calls or text messages related to our Services and waive the DND registry in case you have subscribed to the same. If you do not wish to receive such telephone calls or text messages, please let us know by e-mailing us at customer.service@shreesampati.com.
With respect to 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 and Mobile App. As a result of your visit to our Website and / or Mobile App, ad server companies may collect information such as your domain type, your IP address and clickstream information.
Direct contact with REP: If you fill out a form to contact a REP (or use any other contact forms available on our Services) or call a REP via our Services, we may share personally identifiable information that you share with us and information about your use of our Services with the party you wanted to contact. This may include data you input such as home search criteria or Log Data that we collect as you use the Services. If a REP wants to contact you based on the anonymized profile of shreesampati.com pages you visited, we will contact you to see if we can make that connection. Sometimes, if we are working with a third party to improve the quality of connect we provide to our subscriber REPs, we may provide that third party with additional but limited personally identifiable information for the sole purpose of their carrying out their duty to us. By sharing the information, you agree to share your details to a third party also.
Mortgage services: If you request a mortgage quote using our services, you authorize us to share the personally identifiable information necessary for our partners to deliver the service. They are not permitted to use the information for any other purpose.
User-Generated Content: If you use our user-generated content services, like posting a question, answer or blog on our Website and / or Mobile App, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums. Further we are also not responsible for the comments or remarks posted by users in those forums etc. and therefore recommend you to perform your own diligence before relying on any such information.
If you are a verified rights owner and want to report a listing issue, you may report customer.service@shreesampati.com
REPRESENTATIONS AND WARRENTIES BY REP's
By registering and/or listing any properties on our Website and / or Mobile App, each REPs represents and warrants that:
(a) The REPs have all rights to list the said properties on the Website and / or Mobile App, and by doing so, the REPs are not violating or infringing upon the rights (including the intellectual property rights) of any other person and any applicable laws.
(b) REPs are complying with all the regulatory requirements including the provisions of Real Estate (Regulation and Development) Act 2016 in regard to the services / products they are offering via this platform and the listings / advertisements they are posting on this platform.
(c) All the details of the properties listed on the Platform, shared by the REPs, are current, up-to-date and accurate, including the location, property specifications and price.
(d) By listing the properties on the Website and / or Mobile App, the REPs is granting all such rights to shreesampati.com to authorize shreesampati.com to use and/or share such listing details in any manner, including on any other websites, platforms etc. of shreesampati.com or any associate or third party.
Disclaimers related to completeness and authenticity of the content / listings
shreesampati.com does not take responsibility or liability for the actions, products, content and services on the Website and / or Mobile App, if any, which are linked to Affiliates and / or third party websites using APIs or otherwise. shreesampati.com will not be liable for any damages of any kind arising out of or relating to the use or the inability to use its Website and / or Mobile App, 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. You agree to defend, indemnify, and hold harmless, shreesampati.com 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 any material or your breach of these terms and conditions or any applicable law.
shreesampati.com does not facilitate or participate in any manner in the process of selling, buying, renting etc. of properties, and it is not responsible for any dealing, negotiations, transactions, etc. whatsoever between the parties connected through our Services, including and not limited to any quality assurance, guarantee, claim etc. given by one party to another in any transaction. shreesampati.com will not be party to any legal proceedings between parties contracted through these Services. In case shreesampati.com is sought to be implicated in any legal proceedings, costs will be recovered from the party that names shreesampati.com as a party to such proceedings.
(a) Conduct a comprehensive check of ownership to verify owners' / landlords’ credentials.
(b) Visit the project site/property personally, to ensure that the seller’s / landlord’s claim is genuine and that the property is not an 'imaginary' one.
(c) Beware of false title documents. Loans may have been secured against properties that may be disputed or have remained vacant for long.
(d) We strongly recommend that proper due diligence on the property is conducted prior to entering into a transaction related to a real estate.
(e) It should be independently ensured by the User whether the seller is complying with the provisions of Real Estate (Regulation and Development) Act 2016 and its applicability to the relevant property or project.
Shreesampati.com is an advertising and marketing platform to many developer for their real estate projects (hereinafter referred to as “Project”) andis in no way facilitating, negotiating or assisting in the sales between you and the developer. While displaying this information on our Website / Mobile App, Shreesampati.com is relying on the information as provided by the Developer of such Project. Before making any decision please ensure to validate all the information and go through the terms and conditions as included in the documents. Further:
There is also a lot of information displayed on the platform which is neither an advertisement / listing as provided by REPs and is collated by our research team from the publically available information and is meant to be a tool for the Users’ own research and awareness about real estate market. While reasonable efforts are being made to ensure the completeness of such information being displayed here and the same being updated on regular intervals by our research team, there is a possibility that the information displayed is not current and complete. This information shall in no way be considered as an advertisement or offer to sale from the REPs or shreesampati.com. Makaan.com shall neither be responsible nor liable for any inaccuracy in the information provided here and therefore the Users are requested to independently validate the information from the respective developers before making their decision for purchase of properties. Shreesampati.com, 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 the portal.
COPY RIGHT 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, its Users and its content suppliers and protected by copyright laws. All software used on this Website and Mobile App is the property of the Company.
All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shreesampati.com or its affiliates.
Shreesampati.com is committed to removing infringing products from its platform. To facilitate this, shreesampati.com has put in place a shreesampati.com Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. We understand that it is in shreesampati.com interest to ensure that infringing products are removed from its platform, as they erode Buyer and Seller trust.
If you are a verified rights owner and want to report a listing issue, you may report customer.service@shreesampati.com
GENERAL MATTERS:
The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining the secrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a result of an incorrect email address or loss of passwords from you.
THIRD PARTY WEBSITES:
Our Website / Mobile App 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 the shreesampati.com search functionality. We encourage you to read the privacy statements of these websites, which may differ from ours.
HOME LOAN SERVICES:
If you express interest for obtaining a home loan, you authorize us to share the personally identifiable information necessary for our partner Banks to call, email, or SMS you with reference to the home loan interest. This consent will supersede any registration for any Do Not Call (DNC) / National Do Not Call (NDNC)
SALES AND MERGERS:
Information about our Users and our Website / Mobile App is a business asset of shreesampati.com. Consequently, information about our Users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Website, our Services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.
INDEMNIFICATION AND LIMITATION OF LIABILITIES:
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.
AMENDMENT TO THE TERM OF SERVICES:
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the revisions.
ARBITRATION:
If any dispute arises between a user/users and shreesampati.com arising out of use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by shreesampati.com. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Kathmandu, Bagmati Provinence, Nepal. The prevailing Arbitration & Conciliation Act will be applicable, shall govern the arbitration proceedings.
GRIVENANCE REDRESSAL MECHANISM:
Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the Grievance Officer through email on the following email Id. customer.service@shreesampati.com. Any grievance so received by the Company shall be resolved within the best possible time.