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33clicks: Terms & Conditions For Use Of Our Marketplace Platform

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under 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 signatures. 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 user agreement for access or usage of www.33clicks.com website. 

CONTENTS

These terms lays out fundamental legal rules for using our website, "33clicks"/ "33clicks.com” hereinafter referred collectively and/or separately to as the "Website". Throughout this document, we refer to these terms and conditions including all schedules‚ Appendices‚ Annexures‚ Privacy Policy as the "Agreement" or “Agreements” as amended‚ novated‚ supplemented‚ varied or replaced from time to time. "A reference to "you" or "your" is a reference to the user of website.

1. Who we are and how to contact us?

1.1. We are "SRSBAY EMARKET AND MARKETS PRIVATE LTD." with registered office at 101 Suranjana Empire Estate, Dwarakapuri Colony, Punjagutta, 6-3-347/9A/B/101, Hyderabad-500082, Telangana, India and in short referred to as "we" or "us" or "our" or "company". The website is owned and operated by us.

1.2. You can get in touch with us either by mail at support@33clicks.com or by post to our address as above.

2. Description of Services

The Platform provides a marketplace for various real estate-related services, including but not limited to:

  • Property Sales: Listings for properties available for sale.
  • Property Agents: Directory of real estate agents.
  • Letting Agents: Directory of letting agents.
  • Building Services: Listings for various building services.
  • Contractors: Directory of contractors specializing in various trades.
  • Consultants: Directory of consultants in various real estate-related fields.
  • Developers: Directory of real estate developers.
  • Builders: Directory of builders.
  • Home and Garden: Listings for home and garden products and services.
  • Land for Development: Listings for land available for development, categorized as:
    • Plots
    • Residential Flats
    • Villas
    • Row Houses
    • Office Spaces
    • Retail Spaces
    • Hospitals
    • Hotels 
    • Mixed Use Development
    • Any other Commercial Developments
  • Digital Legal Real Estate Documents and Agreements: Access to templates and resources for legal documents.
  • Other Miscellaneous Services: Various other services related to real estate and home improvement.
  • Labour Supply Sub-Contracts: Listings for labour supply sub-contracts.
  • Material Supply Sub-Contract: Listings for material supply sub-contracts.
  • Speciality Sub-Contract: Listings for speciality sub-contracts.
  • Architects: Directory of architects.
  • Cost Consultants: Directory of cost consultants.
  • Services Engineers: Directory of services engineers.
  • Structural Engineers: Directory of structural engineers.
  • Project Managers: Directory of project managers.
  • MEP Engineers: Directory of MEP engineers.
  • Civil Engineers: Directory of civil engineers.
  • Legal Consultants: Directory of legal consultants.
  • Legal Real Estate Lawyers: Directory of real estate lawyers.
  • Financial Consultants: Directory of financial consultants.
  • Real Estate Investment Advisors: Directory of real estate investment advisors.
  • Geotechnical Engineers: Directory of geotechnical engineers.
  • Evacuation Contractors: Directory of evacuation contractors.
  • Remodelling Contractors: Directory of remodelling contractors.
  • Environmental Consultant: Directory of environmental consultants.
  • Acoustic Consultant: Directory of acoustic consultants.
  • Fire Protection Engineer: Directory of fire protection engineers.
  • Landscape Architect: Directory of landscape architects.
  • IT/Telecom Consultant: Directory of IT/Telecom consultants.
  • Commissioning Agent: Directory of commissioning agents.
  • Design-Build Contractors: Directory of design-build contractors.
  • Construction Management Contractors: Directory of construction management contractors.
  • General Contractors: Directory of general contractors.
  • Mechanical Contractors: Directory of mechanical contractors.
  • Electrical Contractors: Directory of electrical contractors.
  • Plumbing Contractors: Directory of plumbing contractors.
  • HVAC Contractors: Directory of HVAC contractors.
  • Carpentry Contractors: Directory of carpentry contractors.
  • Masonry & Stone Setting Contractors: Directory of masonry & stone setting contractors.
  • Painting & Paper Hanging Contractors: Directory of painting & paper hanging contractors.
  • Flooring Contractors: Directory of flooring contractors.
  • Landscaping Contractors: Directory of landscaping contractors.
  • Roofing, Siding and Sheet Metal Work Contractors: Directory of roofing, siding and sheet metal work contractors.
  • Drywall Contractors: Directory of drywall contractors.
  • Water Well Drilling: Directory of water well drilling contractors.
  • Carpentry & Flooring Work: Directory of carpentry & flooring work contractors.
  • Civil Concrete contractors: Directory of civil concrete contractors.
  • Concrete Work contractors: Directory of concrete work contractors.
  • Flooring Installation contractors: Directory of flooring installation contractors.
  • Heating, Ventilation & Air Conditioning (HVAC): Directory of HVAC contractors.
  • Housekeeping: Directory of housekeeping services.
  • Miscellaneous Special Trade Contractors: Directory of miscellaneous special trade contractors.
  • Security contractors: Directory of security contractors.
  • Fire alarm and sprinkler contractors: Directory of fire alarm and sprinkler contractors.
  • Business development or Category Independent Contractors or City Independent Contractors: Listings for business development, category independent, or city independent contractors.
  • Strategic Partners or business partners: Directory of strategic partners or business partners.

3.By using our Website you accept this Agreement.

3.1. These Agreement set out all of the legal rules, rights and obligations that apply to your use of the Site and its operation.

3.2. This Agreement shall continue to be in full force for as long as you are using our Website. By clicking on the [Agree and Continue] button or submit‚ you are fully accepted this Agreement to use the Services in a manner consistent with and abide further by the terms and conditions of this Agreement‚ our Privacy Policy‚ and other Policies and Practices with all applicable rules and regulations of this website. If you do not agree to all of these Agreement of use, do not access or otherwise use this Web Site.

3.3. This terms are a legally binding agreement (as public offer) between you and us.

3.4. These Terms may also make reference to other terms that apply when using our Website, such as our Cookie Policy, all schedules‚ Appendices‚ Annexures‚ Privacy Policy & Review Guidelines. By using our Website, you consent to this these policies as well.

4. We may make changes to our agreement

4.1. Due to changes in applied laws or developments within the company, we reserve our right to amend these Terms and Conditions from time to time by updating them on the website. Changes to these terms and conditions of agreement are effective when the changes updated or posted or published in our website. Continuing to use of website will constitute your agreement to the amended or new terms and conditions in their current state. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace terms and condition may occur without notice to you.

5. We may make changes to our website

5.1. From time to time we may make changes to the content of this website, its functional or other aspects of its existence or suspend or discontinue any aspect of this website, which may include your access to it either in parts or as a whole. We will try to give you reasonable notice of any major changes, but such notice should not be an obligatory.

6. Age Barrier

6.1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.

6.2. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors etc. are not eligible to use this site. If you are a minor i.e. below the age of 18 years and business entities or any organizations that are legally not authorized to operate in India then you are not permitted to use any of our services.

7. Fees and commissions.

7.1. Commissions. We do not charge any commissions to you unless and until notified electronically or recorded in vendor plans of our website. Any such fee will be effective and applicable as of the date posted & seller agrees to pay accordingly.

7.2. Monthly / Yearly Subscription Fee. Sellers are charged with the subscription fee either monthly or yearly based on the vendor plan that a seller selects at the time of registering their vendor account. As and when any changes occur will be effective and applicable as of the date posted & seller or merchant agrees to pay accordingly as long as he continues to use our website.

7.3. Transaction Fee. We do not charge the transaction fee. However any changes will be updated in the respective vendor plans.

7.4. Right of Recoupment and Set-off. We and Seller acknowledge and agree that our company has the right to recoup or set-off any payments owed to us by the amount of if any Monthly or Yearly Subscription Fees, transaction fee and commission payments, Seller obligations owed according to the defence and indemnity terms herein, and any other monetary obligations owing by Seller to us. Seller hereby authorizes us to use any methods of actions to seek reimbursement or dues and have every right to de-activate or block the sellers / vendor account anytime.

7.5. Shipping, Documentation Fee & Insurance Cover. Seller agrees to comply to pay the charges with their respective service providers about their orders.

7.6. Breach of Agreement. Failure to pay any fee / charges or commissions will be a breach of this Agreement, and as a result leads to removal of Merchandise Listings and/or suspension of access to the website.

8. Your obligations and acceptable use

8.1. You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use this website and that your computer system is compatible with this website. We do not take responsibility for the normal operation of the website in the event of problems with your computer system.

8.2. You accept that you will not use our system or this website for any misuse. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this website, or attempt to carry out any of the foregoing, irrelevant of your intents. This includes, but not exclusively: introducing viruses, trojans, worms, logic bombs or other material, which is or could be malicious or technologically harmful. You accept that you will not use any forms on the website for mismanagement and any forms you submit must be a genuine enquiry. You must not use website with intent to brake any established laws or to commit any crime, violation or infringement.

8.3. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this wite, or to fill in and/or send forms on our website automatically, or to search, display or obtain links to any part of this website. You should not use any scraping technology on the website. Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and this website. Obtaining access to any part of our system or this website by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.

8.4. You should not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or subm

9. Interactive services and content

9.1. When you fill out and submit an enquiry form on our website, this constitutes permission for the 33clicks, to add your details to their database. The use of your data in this way is in accordance with our Agreement.

9.2. You guarantee, that all content, you upload to our website, copyright-wise belongs to you and your use of it does not harm any guaranteed rights or interests of third parties. All content that you upload to our Site will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose. We also have the right to disclose your identity to any third party who claims or alleges that content posted or uploaded by you to our website breaches that third parties' legal rights.

9.3. The views expressed by users on our website, other websites we link to do not (necessarily) represent our views or values.

9.4. All content that you upload to our website must:

9.4.1. Be accurate;

9.4.2. Be genuinely held; and

9.4.3. Comply with the applicable law of India (Republic of India) from which they were posted.

9.5. Your content should not:

9.5.1. Contain any material which is defamatory of any person;

9.5.2. Contain any material which is obscene, offensive, hateful, racist, discriminatory, unethical, immoral or inflammatory; or

9.5.3. Contain any material which does or could potentially infringe the intellectual property rights of a third party.

9.6. We will determine in our discretion whether there has been a breach of this clause. Where a breach of this policy has occurred we may take such action, as we deem appropriate. This action may include the following:

9.6.1. immediate, temporary or permanent withdrawal of your right to use our Website;

9.6.2. immediate, temporary or permanent removal of any material uploaded by you to our Website;

9.6.3. further legal action against you; and

9.6.4. disclosure of such information to law enforcement or authorities as we reasonably feel necessary.

9.7  In addition to all of our rights set out above, we reserve the right to take down any content that you upload to our Website or links to your website at any time without notice and without having to give a reason. 

10. User Registration & Compulsions

10.1. The registration is mandatory for every user to access and avail the applicable services of the website.

10.2 The registration of an account is a one-time arrangement for a first time user of this Website and thereafter as and when the user wants to use this Website can easily log in without entering the personal details repeatedly.

10.3 The credentials provided by you at the time of your registration and your 33clicks.com login ID and password are referred to as “Account Information”.

10.4 In addition, the user will be provided with a portal for you to keep your personal information up to date.

10.5 Only it’s you are authorized to operate your own account and accordingly the responsibility lies with you to maintain the confidentiality of the Account Information and for restricting any unauthorized access to your account via any device or whatsoever.

10.6 The registration also helps in adding to wish list & comparison list & Order Tracking wherever applicable.

10.7 The User during his or her registration of account on our website has to share certain mandatory details in connection to his or her business including without limitation, as detailed in the respective online registration forms or applications. By sharing your information, you agree to allow us to validate your details of your information either directly or indirectly through third party service providers in accordance with these Agreement.

10.8 In addition, you solely represent, warrant and agree that all the required information provided by you are true, accurate, and current without any hidden information.

10.9 You agree and acknowledge that you would keep all your account information in our website up-to-date.

10.10 You are bound to provide us any additional information with supportive documents as and when necessary about you and your business entity for re-verification or further verification of your account information and business activities. If we happen to find that, the information provided by you is false or deceptive then we have every right to take applicable actions or disapprove your account based on the account information stage. 

10.11 We reserve every right to restrict certain services or privileges or categories, anytime without notice, at our own discretion. 

10.12 We will not be responsible for any of your claims that may sit down in accordance to your use of third party service provider(s) to access the website. In other words, we will not be liable for any loss or direct or indirect damage arising from your failure to comply with these terms and conditions of Use.

10.13 You will instantly notify us of any unauthorized use of the account or any other security breach. You will ensure that you log out of your account at the end of each session. You will be held accountable for any damages incurred to us or any other user due to unapproved use of their account, resulting from your failure to keep your Account Information safe and sound.

10.14 Each registration is for a single user only.

11. Intellectual property

11.1. Grant of License by Website. We hereby grants to Seller a non-exclusive, revocable, non-transferable license to promote and sell Merchandise on or through the Websites to Users, subject to the terms of this Agreement.

11.2. Grant of License by You. You hereby grants to us a royalty-free, non-exclusive, irrevocable, perpetual, worldwide, royalty-free, right to use and to reproduce, modify, display, distribute, perform, re-format, create derivative works of or otherwise commercially or non-commercially exploit in any manner that Your Content and Merchandise Listings with the right to sublicense such rights through multiple tiers; provided however that we will not alter any of Your Marks from the forms provided by You except to the extent necessary for presentation, so long as the relative proportions of the marks remain the same; provided further than nothing in this Agreement will restrict ARHA RETAIL PLACE PRIVATE LIMITED-OPC's right to use the Your Content to the extent such use is allowable without a license from You under Applicable Law.

11.3. Intellectual Property Rights. All right, title and interest in and to the Websites, and all data collected or stored in connection with the Websites and any other websites of ours, any of our affiliates' websites, Local Marketplace, and any other service or website associated with the foregoing, including mobile sites or microsites, and all IP Rights associated with any of the foregoing, will at all times remain the exclusive property of our company, and except as expressly provided herein, nothing will be construed as conferring on You any license to ARHA RETAIL PLACE PRIVATE LIMITED-OPC' s IP Rights, whether by estoppel, implication or otherwise. If You deemed to have any ownership interest or rights in any of the foregoing, or any part thereof, then You will assign, and You does hereby assign, all of such ownership interest and rights to us, including all Seller IP Rights therein. All rights not expressly granted herein are reserved to ARPPL.

11.4. Ownership of Content. We and You each agree and acknowledge that, as between us and You, You own all Your Content and Your Marks, subject to the License granted herein.

11.5. Mobile Applications. To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms and Conditions of Use will apply to all updated versions of an App.

12.Warranty

12.1. Whilst we endeavour to ensure that any material available through this Site (this also includes links to third-party) is not contaminated in any way, we do not warrant that such material will be free from infection, viruses and/or similar code.

12.2. Due to the nature of software and the internet, we do not warrant that your access to, or the running of, this Website will be uninterrupted or error free. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control.

12.3. The information provided on this Website is for general interest only and does not constitute specific advice. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date (if such guarantees is not obligatory by rules of applied law).

12.4. We make no warranties or representations that the property information on this Website is correct, accurate or up-to-date.

12.5. We make no warranty or guarantee that the Website or information available on it complies with laws other than laws, specifically applied by rules of law application.

12.6. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.

12.7. The details of the properties available on this Website are listed by you or by third party estate agents, commercial agents, lettings agents, landlords, overseas property owners or new homes developers or land development owners or builders or sellers or merchants to link you to the resources of such entities for your information only. We do not guarantee the property details provided or listed on our website or that we link to and therefore make no warranties or representations as to their accuracy or completeness as our Website is an online real-estate marketplace platform and acts as a facilitator. If you rely on these details, you do so at your own risk. We recommend that you check all property details before making any decisions or taking any action in regards to a property, information about which is contained on our Site.

13. Barring from the website

13.1. We reserve the right to bar users from this Website and/or restrict or disable their access or use of any or all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and should not then attempt to use this Website under any other name or through any other user.

14. We may suspend or withdraw our website

14.1. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal but that should not be an obligatory.

14.2. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Agreements and other applicable terms and conditions, and that they comply with them.

15. We are not responsible for websites that we link to

15.1. This Website contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites (if otherwise is not stated implicitly). If you decide to access any third party website linked from this Site, you do so at your own risk.

16.Rules about linking to our site

16.1. You must not include links to this website in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other Site any "deep link" to any page on this Site. You may link to our home page, provided that you do so in a way that does not (in our reasonable opinion) damage our reputation or expose us to risk. We reserve the right to withdraw linking permission without notice and without giving a reason.

16.2. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.

16.3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists at the time of establishment of such link.

17. Our responsibility for loss or damage suffered by you

17.1. We shall ensure that it has or procures adequate technology as necessary to maintain the Marketplace platform and carry out the marketplace services business under this accord.

17.2. We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control.

17.3. We do not accept any liability for loss of your account ID caused by a breakdown, error, loss of power or otherwise caused by or to your computer system.

17.4. We may put in place such systems as we from time to time see fit to prevent automated programs being used to obtain unauthorised access to our system and this website. You are not allowed to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this website.

17.5. We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or any website linked to it.

17.6. We exclude all implied conditions, warranties, representations or other terms that may apply to our website or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.
  • In particular, we will not be liable for loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any other indirect or consequential loss or damage.

18. Customer feedback and quality

18.1. We try to ensure that all customer feedback is dealt with timely, fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please write to us at feedback@33clicks.com. We aim to acknowledge and embrace all customer feedback.

19. Language

19.1 If these Terms of Use are translated into a language other than English and there are conflicts between the translations, the English version shall always prevail and control.

20. No Assignment

20.1 You are not permitted to assign or otherwise transfer partially or totally your rights and obligations under these Terms of Use.

21. Interpretation

21.1 These Terms of Use shall be interpreted without regard to which party drafted these Terms of Use.

22. Severability

22.1 If any of the provisions of these Terms and Conditions of Use are held invalid or unenforceable, such a finding will not affect the validity of any other provisions of these Terms and Conditions of Use, unless the invalidity or unenforceability would invalidate the remainder of these Terms and Conditions of Use.

23. Entire Agreement

23.1 These Terms and Conditions of Use contain and constitute the entire understanding and agreement between You and US and supersede all previous negotiations, agreements, commitments and writings. You acknowledge that you have not relied on or been induced to enter into these Terms and Conditions of Use by a representation or warranty other than those expressly set out in these Terms and Conditions of Use.

24. Governing Law

24.1 This “Agreement” shall be governed by and construed in accordance with the laws of the Republic of India, without regard to conflicts of law’s provisions. You hereby agree and consent that the sole and exclusive jurisdiction for any action or proceeding arising out of or relating to this agreement shall be an appropriate state or federal court located at Hyderabad, in the state of Telangana.

25. Grievance

25.1  For your complaints "You" can lodge a complaint with us on our portal at https://33clicks.com/grievance...