1.Please read this document carefully. The use of the website by the user is solely governed by these terms & conditions as well as public policy (www.SalesNinja.com ). Visting the home page of the website and / or using any of the services provided on the website shall be deemed to signify the user’s unequivocal acceptance of these terms and conditions and aforementioned public policy , and the user expressly agrees to be bound by the same .These all rules applied to users & dealers of SalesNinja.com
2.You will be subject to the rules ,guidelines, policies, terms & conditions applicable to any services that is provided by this website , and they shall be deemed to be incorporated in this terms & conditions and shall be considered as part of terms & conditions.
3.The user unequivocally agrees that these terms & conditions and aforementioned privacy policy constitute a legally binding agreement between the user and the company. The user agrees that no signature or express act is required to make these terms and public policy binding on the user.
4. This document is an electronic record in terms of the Information Technology Act ,2000. Being generated by a computer system and it does not require any physical or digital signatures. This document is published in accordance with the provisions of the Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules , 2011 that require publishing the rules and regulations, terms and privacy policy for access or usage of SalesNinja.com
5. The domain name www.SalesNinja.com (website) is owned and operated by SalesNinja.com A venture by Tarun Khosla, having it’s registered office at #207 Sector 8 Panchkula Haryana 134109.
6. For the purpose of these terms & conditions , wherever the context so requires,
a.The term ‘ you’ & ‘ user’ shall mean any legal person or entity accessing or using the services on this website, who is competent to enter into binding contracts under the Indian Contract Act , 1872 ;
b.The terms ‘ we’ , ‘us’ & ‘our’ shall mean the website/app/software and/ or the company as the context so requires.
c. The terms ‘party’ & ‘ parties’ shall respectively be used to refer to the user and the company individually and collectively, as the context so requires.
Modification:
The company reserves the sole and exclusive right to amend or modify these terms & conditions without any prior permission or information to the user. The user expressly agrees that any such modifications or amendments shall come into effect immediately. The user has a duty to periodically check the terms and stay updated on its requirements. If the user continue to use / browse the website following such a change , this is deemed as a consent to any and all amendments/ modifications made to the terms . In so far as the user complies with the terms , he/she is granted a personal, non-transferable,non exclusive, revocable ,limited privilege to enter and use the company’s website /app /software.
The company may also suspend the operation of the website /app /software for maintenance work , for support or technical upgradation, in order to update the content for any other reason.
Termination:
If the user utilize the website in a manner inconsistent in these terms & conditions , the company may terminate your access, block future access and /or seek such additional relief as the circumstances of the misuse may be deemed to be fit and proper. The company reserves the right, in its sole discretion terminate the user’s access to the products and services of the website /app /software, or any portion therefore, at any time, without notice or cause.
Registration:
In order to access all of the services , you must register to create an account with SalesNinja.com to become a member. A guest may browse through the listing but will not able to contact owners for viewings or post a listing. In registering with SalesNinja.com to become a member, you represent, warrant and undertake that:
• You are using your real identity
• You are above the age of 18 years and competent to contract as described in the Indian Contract Act , 1872.
• If you are a minor and wish to browse /use the website , you may do so through your legal guardian.
Further user is solely responsible for maintaining the confidentiality of username and password and any activity under the account will be deemed to have been done by you. The user agrees to provide true , accurate, complete and current information about his/herself during sign up process and promptly update the information provided during sign up to keep it true, accurate, complete and current. If the user provide false information SalesNinja.com has a valid reason to believe that the false and inaccurate information has been furnished. The company hold the rights to permanently suspend the account and penalty ( esp. for brokers who list as owners or builders providing fake info).
Payment terms :
Payment for the services offered by SalesNinja.com shall be on a 100% advance basis. The payment for service once subscribed to by the subscriber is non- refundable. Refund if any will be at the sole discretion of the company. The company offers no guarantees whatsoever for the accurancy or timeliness of the refunds reaching the users bank accounts/ card. The company uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.The company is not be liable for any loss or damage sustained by reason of any disclosure of any information concerning the user’s account and information relating to online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccurancy with respect to any information so disclosed.
Communications from the company:
The user hereby agrees and consents to receiving calls, autodialed and /or pre-recorded message calls, e-mails and SMSs from the company and /or any of its affiliates or partners at any time, subject to the policy.
The user expressly agrees that notwithstanding anything contained herein above , he/she may be contacted by the company or any of its affiliates/partners relating to any service availed of by the user on the website or anything pursuant thereto.
Restrictions:
The user agrees and acknowledges that he/ she is a restricted user of this website / app / software, and that he/she shall not :
• Use SalesNinja.com Or any service in any unlawful manner, for any unlawful purpose , or in any manner inconsistent with the terms & conditions, or act fraudulently or maliciously, for by hacking, including viruses ,or harmful data into any service or any operating system.
• Cut, copy, distribute, modify, recreate, reverse engineer, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website / app / software. Any such use / limited use of the website /app /software will only be allowed with the prior express written permission of the company.
• Use the website / app/ software in any manner that violates any local, state, national, foreign ,or international statute, regulation , rule ,order, treaty, or other law.
• Harass ,harm, or stalk another individual or organization.
• Post or upload data/ information which is objectionable or offensive is in accordance with applicable laws. The user expressly agrees that any such material that is deemed to be objectionable or offensive may be removed from the website /app /software immediately and without notice.
• Impersonate any person or entity
• Post any image / file / data that infringes the copyright, patent or trademark of another person or legal entity.
• Probe ,scan or test the vulnerability of the website or any network connected to the website.
• Interfere , disrupt with the security of, or otherwise cause harm to the website / app / software , systems resources, accounts, passwords, servers or networks connected to or accessible through the websites or any affiliated or linked websites.
• Collect or store data about others users of the website.
• Publish, post, or disseminate information that is false, inaccurate or misleading.
• Threaten the unity , integrity, defence , security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence ,or prevent the investigation of any offence , or insult any other nation.
The user expressly agrees and acknowledges that the company has no obligation to monitor the materials posted on the website, but that it has the right to remove or edit any content that in its sole discretion which violates , or alleged to violate any applicable law or spirit of these terms. Notwithstanding this right, the user remains solely responsible for the content of the materials posted on the website by him/her. In no event shall the company’s website / app/ software and the company be deemed to have any responsibility or liability for any content posted, or for any claims , damages or losses resulting from use of any such content and / or the appearance of any content on the website .
Intellectual property rights:
All logos, brands, trade marks and Service marks (“Marks”) appearing in SalesNinja.com are the properties either owned or used under license by SalesNinja.com / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with SalesNinja.com / its associates. The access to this website /app /software does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
The company respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. The company shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a Users are found to be using SalesNinja.com as a platform to infringe the Intellectual Property Rights of others, SalesNinja.com will be free to terminate the said user’ account forthwith without any notice to the user.
Disclaimer and warranties:
SalesNinja.com ,is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000
• Except as otherwise expressly stated on the website /app /software ,all products /services offered on the website /app / software on an “as is” basis without any warranty whatsoever , either express or implied.
• The company makes no representations ,express or implied , including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.
• The user agrees and undertakes that he / she is accessing the website /app /software and transacting at his / her sole risk and are that he/she is using the his/her prudent and best judgement before purchasing any product / service listed on the website /app /software , or accessing / using any information displayed thereon.
• The company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the user, the user’s belongings , or any third party,resulting from the use or misuse of any product purchased or service availed of by the user from the website /app /software.
• The company does not guarantee that the functions and services contained in the website /app /software will be uninterrupted or error free,or that the website / app /software or its server will be free of viruses or other harmful components, and the user hereby expressly accepts any and all associated risks involved with the user’s use of the website /app /software.
Indemnification :
The User hereby expressly agrees to defend, indemnify and hold harmless the company’s website / app /software and the Company, its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party
Limitation of liability:
• User agrees that neither company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if company has been advised of the possibility of such damages. User further agrees that company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to company , if any, that is related to the cause of action.
• The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
• Company shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
• Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the mobile application on your mobile phone.
• It is pertinent to mention that the company is just a sale and purchase medium and company is not responsible for any promises in terms of pricing , delivery , quality and any other information made by the builder / owner to the company’s clients
Additional terms for listings:
1.The reserve the unconditional right to approve or reject any Listing at its sole discretion without providing reasons to the Home Owner. We retain full discretion as to the publication of any Listing.
2.The Home Owner shall be responsible to check and endorse all contents of the Listing and the accuracy and veracity of the same before it is published or repeated and the Home Owner shall be solely and fully responsible for any indirect or consequential losses to the Home Owner or any third party for such errors.
3.The Home Owner understands and accepts that company may not review the contents of any Listing. The publication of any Listing will not be deemed to constitute an acceptance by company that such Listing complies with the Terms.
4.The Home Owner represents that the contents of the Listing are true, current and accurate, and do not provide any false information or misrepresent any law or fact, or overstate or convey a false impression of any relevant information
User materials:
Certain portions of the Services may allow users to upload images, photos, video, data, text, and other content (“User Materials”). By uploading User Materials to the Services, you grant the company an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. The company will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. The company may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize the company and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. The company will not use client contact information that is uploaded by agents for any purpose.
It is pertinent to mention here that the company is not under any obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. The company may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in the company’s sole judgment violate these Terms & conditions or are otherwise objectionable. The user agrees to waive, and do waive, any legal right or remedy that may have against the company with respect to User Materials. The company expressly disclaims any and all liability in connection with User Materials.
Waiver:
The failure of the company to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
Severability of provisions:
If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
Dispute resolution and jurisdiction :
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at SAS Nagar Mohali ( Punjab) shall have exclusive jurisdiction over any disputes arising between the Parties.
It is mentioned here that all the settlement of disputes in case of dealers shall be attempted to be resolved through the negotiations. Only in case , such negotiations are unsuccessful , the matter shall resort to legal recourse , which shall be subject to the exclusive jurisdiction of the competent courts in SAS Nagar Mohali (Punjab) only.