This document is an electronic record in terms of Information Technology Act, 2000 & Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signature. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access of https://www.dilbird.in (‘Website’) or any Services in connection with the Website between Dilbird Real Home Pvt Ltd (‘Company/We/Us/Our’) and its users (‘User/You/Your’).
These are the Terms and Conditions governing the use of this Website and the agreement that operates between us and you (‘Terms/Terms of Use/Privacy Policy’). Please read the following content herein very carefully as your use of this Website is subject to your acceptance of and compliance with the following Terms and Privacy Policy. By subscribing to/using Dilbird Real Home Pvt Ltd, you accept and agree to be bound by the following Terms, regardless of how you subscribe to or use the Website. If you do not want to be bound by such Terms, you must not subscribe to or use Website. Nothing contained in these Terms of Use should be construed to confer any rights to a third-party beneficiary.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE/APPLICATION INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS AND PRIVACY POLICY IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT VERY CAREFULLY BEFORE PROCEEDING.
The term 'Dilbird Real Home Pvt Ltd' or 'Us' or 'We' refers to the owner of the Website whose registered office is:
B-143, 2nd Floor Okhla Industrial Area Ph-1 New Delhi
The term 'You' refers to the User or Viewer of Our Website.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY - PLEASE DO NOT USE OUR WEBSITE.
Change or modification to the Terms of Use
Dilbird reserves its right to modify or terminate the services for any reason, without assigning any prior notice and without any liability, in any manner whatsoever, to the user or any other members or third party. These Terms are the only conditions that are applicable to the use of this Website and they replace all other conditions, except with the express, prior written agreement of the Company. These Terms are important for both you and us as they have been designed to create a legally binding agreement, protecting Your rights as a valued User and Our rights as a business. You agree that, by using or subscribing to Our Website or by availing our services on our Website, You unreservedly accept these Terms, having read them. Dilbird reserves the right to amend or revise the Terms at any time by uploading a revised or amended version on the Website with or without prior notice, as it may deem fit. The amended Terms will be effective immediately after it is uploaded on this Website. Your access or use of the Website following any such change(s) constitutes your acceptance to follow and you shall be bound by these, as amended. Dilbird also reserves the right to modify the Terms from time to time without notice. The User agrees to regularly review the Terms to keep himself/herself apprised of any such changes/amendment.
PROHIBITED ACTIVITIES
You shall not engage in any of the following:
- - Use the Services in a way that violates any applicable law or infringes third-party rights.
- - Impersonate any person or entity or falsely claim affiliation with us.
- - Attempt to gain unauthorized access to the Services or our systems.
- - Use the Services to upload, post, transmit or distribute harmful materials (viruses, malicious code), or inappropriate content (defamatory, obscene, abusive).
- - Use the Services for activities other than those expressly permitted by us (unless you are an approved vendor and have separate agreement).
- - Interfere with or disrupt the operation of the Services, servers or networks.
INTELLECTUAL PROPERTY
Intellectual Property shall be defined as the trademark, copyright, patent, design, including all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features, and other materials as seen on the website.
All the content or other material available on the Website, including the Intellectual Property are the property of Dilbird and are protected by trademark, copyright, patent and/or other proprietary intellectual property rights under the Indian law.
Content available on the Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such Intellectual Property in any way, including by e-mail or other electronic/non-electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent, modification of the Intellectual Property, use of the Intellectual Property for any purpose other than personal, non-commercial use is a violation of the Intellectual Property and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
DISCLAIMER OF WARRANTIES
User expressly understands and agrees that:
Use of the Website is at your sole risk. The Website and the Services are offered on an “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that: Website will be constantly available or available at all or the information on the Website is complete, true, accurate or non-misleading. You acknowledge and undertake that you are accessing the Services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. You further acknowledge and undertake that you will use the Website for Your personal use and not for business or commercial purposes.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, under no circumstances shall Dilbird, its affiliates, their respective officers, directors, employees, co-branders, other partners or agents be liable to the User for any indirect, incidental, consequential, special or punitive, losses or expenses or exemplary damage arising out of or in connection with use of the services, whether or not Dilbird has been advised of the possibility of such damages. Such limitation of liability shall apply, including but not limited to (i) whether the damages arise from use or misuse of and reliance on the Dilbird service, from inability to use the Dilbird service, or from the interruption, suspension or termination of the Dilbird service (including such damages incurred by third parties) and (ii) notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law (iii) errors, mistakes or inaccuracies of User-generated content or any other content available at the Website (iv) personal injury or property damage of any nature whatsoever, resulting from your access to and use of our website, (v) bugs, viruses or any loss or damage incurred from the use of User-generated content or other content on the Site/Application, (vi) third-party services advertised or offered through the Website.
INDEMNITY
The User agrees to indemnify and hold Dilbird and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees, harmless from any claim, liabilities, damages, losses and expenses or demand, including reasonable attorney's fees, made by any third party due to or arising out of, including but not limited to (i) the content the User submits, posts or transmits/User generated content, through the Service on the website, (ii) the User’s use or attempted use of the Service through the website, (iii) the User’s connection to the website, in any manner whatsoever, (iv) the User’s violation of the present Terms and Privacy Policy, in any manner whatsoever or the User’s violation of any rights of another third-party, (v) any claim of infringement or misappropriation of intellectual property or other proprietary rights. This indemnification clause shall survive these Terms and Conditions and Privacy Policy and Your use of the website.
NOTICE
Notices to the User may be made via email or regular mail. Dilbird in its sole discretion, may also provide notices of changes to the Terms and Privacy Policy or any other matters by displaying notices or links to such effect to the User generally on the website.
Please report any violation of the terms and conditions of this agreement to wavecity.dilbird.in
DISPUTE RESOLUTION:
These Terms of Use shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Delhi, India. The place of jurisdiction shall be exclusively in Delhi, India
