TERMS AND CONDITIONS
Xanadu Realty Limited, a public limited company duly incorporated under the provisions of the Companies Act, 1956 (hereinafter referred to as ‘Company’) and having its registered office at WeWork Raheja Platinum, Saug Baug Road, off, Andheri- Kurla Road, Marol, Andheri East, Mumbai Maharashtra 400059. The Company is a Realty company registered as a Real Estate Agent under the RERA, 2016.
(Hereinafter referred to as “Company”) for the activities mentioned in its Article of Association. This Agreement for the Terms and Conditions of use of the Company’s Website/s, third party website/links, and electronic forms (hereinafter referred to as “Agreement”) describes certain terms and conditions to access and use the Website/s of the Company by a visitor or a registered user and avail or enquire about services provided by Xanadu Realty Limited (hereinafter referred to as the “End User”, “User”, “You” or “Your”)
1. Policy for NDNC
By using the website http://www.xanadu.in, registering on the website or registration of interest from any other third party website/link/electronic forms, for the purpose of availing or enquiring about the Services which are provided by Xanadu Realty Limited, you authorize us to contact you via email or phone call or SMS and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected. And Irrespective of the fact if also you have registered yourself under DND or DNC or NCPR service, you still authorize us to give you a call from Xanadu Realty Limited for the above-mentioned purposes till 45 days of your registration with us.
1.1 This Privacy Policy covers Xanadu Realty Limited’s treatment of personally identifiable information that the company collects when you are on the Company’s website/relevant third-party website/link/electronic forms etc, and when you use Xanadu Realty Limited’s services. This policy also covers Xanadu’s treatment of any personally identifiable information that Xanadu Realty Limited’s business partners share with Xanadu Realty Limited.
1.2 This policy does not apply to the practices of companies that Xanadu Realty Limited does not own or control or to people that Xanadu Realty Limited does not employ or manage. Xanadu Realty Limited collects personally identifiable information when you register for a Xanadu Realty Limited account, when you use certain Xanadu Realty Limited products or services, when you visit Xanadu Realty Limited pages, and when you enter promotions.
1.3 Xanadu Realty Limited may also receive personally identifiable information from our business partners. When you register with Xanadu Realty Limited, we ask for your first name, last name, contact no, email, Date of birth and gender.
1.4 Once you register with Xanadu Realty Limited and sign in to our services, you are not anonymous to us. Also, during registration, you may be requested to register your mobile phone and email id, pager, or other devices to receive text messages, notifications, and other services to your wireless device. By registration, you authorize us to send SMS/email alerts to you for your login details and any other service requirements or some advertising messages/emails from us.
2. Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THE COMPANY RESERVES THE RIGHT TO ALTER, AMEND AND MODIFY THESE TERMS AND CONDITIONS AT ITS SOLE DISCRETION. ALL SUCH AMENDMENTS AND MODIFICATIONS WILL BE DULY NOTIFIED ON THIS WEBSITE. IF YOU ARE NOT AGREEABLE TO THE TERMS AND CONDITIONS, WE REQUEST YOU NOT TO ACCESS THIS WEBSITE.
2.1 You expressly agree to be bound by this Agreement, irrespective of whether You are a registered member or a visitor, by using the information, tools, features, and functionality located on this Website. As such, you agree to be bound by the terms and conditions detailed herein.
2.2 The Company recommends that, irrespective of whether You are a Visitor or a Registered Member who proposes to utilize the Service provided by the Company, to carefully read all the terms and conditions as provided herein. The said terms and conditions displayed are recommended to be saved for any future reference and for Your own records. Or You may even take a printout of the same.
2.3 The Company expressly states that the Services provided or offered by this Website and the Agreement which You are required to be bound by are meant only for individuals/entities who are permitted to enter into and be bound by a legal contract as per the prevalent laws.
3. Minor/other Incompetent Parties
3.1 In the event, if You are not legally permitted to enter into a contract or are for some reason either due to Your age or any other reason not permitted to enter into an agreement, then, you are not permitted to utilize the Services provided by this Website or enter into this Agreement. In the alternative, you could order Products under parental supervision.
3.2 Your acceptance of this Agreement and utilization of Services implies and You expressly and implicitly represent to the Company that You are of the legal contracting age or operating under parental supervision and nothing will invalidate this Agreement. The Company has the right to bind You and your parents to this Agreement.
4. Third-Party
4.1 In the event that You are representing certain individual/s, companies/ies, third parties or any entities, in any capacity, then, you expressly confirm that You have the valid authority and the right to do so for and on behalf of them. By entering into this Agreement, you state that You have the right to bind such individual/s, company/ies, third parties or any entities to this Agreement.
4.2 The Services made available on or through this Website have been made available to you for the specific purpose of enabling Users to understand and utilise the services of the company. It is not intended to be providing You with any nature of certification, guarantee or warranty or any professional advice and is mere information and guidance.
4.3 By accessing, browsing, and using this Website/s, you agree and acknowledge that You understand this limited and restricted use, and agree that You will not rely on the information and materials contained in this Website for any purposes except as is intended. You further agree that in all actual matters, you are ultimately responsible for determining Your specific requirements.
5. Liability
You are strictly prohibited from unauthorized use of our systems or this Website/s, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Website.
6. Brief Privacy Policy
6.1 You acknowledge that the Company may disclose and transfer any information that You provide through this Website to:
6.1.1 our affiliate or information providers,
6.1.2 to any third party but strictly with Your permission, or
6.1.3 if we are legally bound to disclose any information due to compulsions under law.
6.2 You consent to the transmission, transfer, or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website You agree to such transfers.
6.3 You expressly agree and acknowledge that usage of the Website/s may be monitored, tracked, and recorded. As such, you expressly consent to such monitoring, tracking, and recording.
6.4 You are responsible for being familiar with the current version of these Terms and Conditions posted on the Website during each session. By the continued accessing of this Website or the Services, you implicitly agree to be bound by the revised terms and conditions. Any such revisions will be duly posted on this Website and the Company may, if it chooses, send you an e-mail in this regard.
7. Indemnity
The Users agree to indemnify and hold Xanadu Realty Limited, its officers, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fee and court costs, made by any User/Third-Party due to, or arising out of the User Content, registration data and any information submitted by the Users, use of any Services by the User, violation of this T&C, Privacy Policy, breach by the User of any of the covenants, representations and warranties herein, User’s violation of any rights of another (including infringement of Intellectual Property Rights) or User’s violation of any Applicable Law, rules or regulations.
8. Intellectual Property
8.1 Xanadu Realty Limited is the sole owner or lawful licensee of all the rights and interests on the website/Platform, and the Data therein. The Platform embodies Xanadu Realty Limited’s Intellectual Property Rights protected under worldwide copyright, trademark, and other laws. All title, ownership and Intellectual Property Rights on the Website/Platform and Data shall remain with Xanadu Realty Limited and its affiliates, as the case may be. All rights not otherwise claimed under this T&C and Privacy Policy or by us are hereby reserved.
8.2 The Website/Platform, and related icons and logos are registered trademarks or trademarks, or service marks of Xanadu Realty Limited and related icons and logos are registered trademarks or trademarks or service marks of Xanadu Realty Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
9. Applicable Law
You agree that this T&C and any contractual obligation between Xanadu Realty Limited and the user will be governed by the laws of India. The courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this T&C, your use of the Portal/Website
10. Miscellaneous
10.1 Xanadu realty Limited shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from or in any manner connected with any of the Services provided by Us. We shall not be held liable under any circumstances unless there is a gross negligence or wilful misconduct from our employees, including our agents.
10.2 Xanadu Realty Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the provided Services (or any part thereof) provided by Us with or without notice. You agree that Xanadu Realty Limited shall not be liable to You or to any Third Party for any modification, suspension, or discontinuance of such Platform/ Website Services. It is Your responsibility to review these T&C periodically for updates/changes.,
10.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the information, Data provided by Us, including any Intellectual Property Rights of Xanadu Realty Limited or any person firm or corporation having posted information for availability through the Services provided by us.
10.4 You agree that in the event your user content, registration data or your information violates any provision of this T&C, we shall have the right to refuse to provide You or any person acting on Your behalf, access to the Platform/Website and other Services, terminate and/ or suspend Your access if applicable in the future.
11. Validity of the Agreement
If any provision of this T&C is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this T&C and the remainder of the T&C shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, this T&C shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Applicable Law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
12. Force Majeure
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, lockdowns, pandemics, epidemics, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
13. Contact Information and Grievance Officer
If a User has any questions concerning the Platform and this T&C related to any of the foregoing, customer support can be reached at the following email address: mailto:tech@xanadu.in
YOU HAVE READ THESE TERMS OF USE AND COMDITIONS AND AGREED TO ALL OF THE PROVISIONS CONTAINED ABOVE.