Terms of Service & Usage
I. Agreement with the Company
Zricks is a subsidiary company of ABC Infratech Pvt. Ltd. 2007, registered under The Companies Act of India 1956, and adheres to the guidelines under the amended Act of 2013 and adheres to the definitions and mandates of a ‘Private Company’ per this law along with its web property, namely www.zricks.com
II. The Services We Offer:
- The user acknowledges the fact that Zricks does not endorse any builder or any product/service offered by a builder/vendor. Zricks does not endorse any paid advertisements on its website as well. We advice our users to select vendors/builders as per their needs and requirements, and not as per the ratings. Zricks disclaims all warranties, expressed or implied, with respect to the ratings of the projects, including any warranties of merchantability or fitness for any purpose. In case of any mishap or bad deal, Zricks cannot be held accountable in any manner.
- The ratings and indices available on the website are generated by proprietary algorithms. Zricks do not filter out any information available about a project or a property in any manner. We use publicly available knowledge, facts and information about a project. There is no requirement of human interaction in the formulation and execution of company algorithms. Human interaction is only used to calibrate the algorithms periodically.
- The user acknowledges and agrees to the fact that the company can or may permanently or temporarily stop providing the services or modify/change the nature of services at its discretion, without giving any kind of prior notice to the user. The user can also stop using the services of the company at any given point of time.
- The User agrees and acknowledges that if the Company disables access to the Website, the User may be prevented from accessing the Services, or any files or other content, which is contained on the Website.
III. Use of Services
A. Account Access:
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any activities that occur in and through your password or account, with or without your knowledge. If you knowingly give your login and password information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your password or account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this condition.
B. Registration Information:
At the time of registration, you are required to submit basic information about yourself. You will also need to confirm your registration via SMS or e-mail, following the instructions on our site. Failure to confirm registration will result in in-activation of your account. Any registration information you provide must be true, accurate, current and complete.
C. Service Coverage
The Company makes no claims as to the effectiveness of any such Services. Any Services represented on the Website by advertisers, sponsors, and other Website participants, either paid or unpaid, are presented for your awareness.
i) Third Party Site Visit:
Once you register at our Site as a User, thereby giving us your contact details, we further these details to the concerned third party. Zricks is not liable to mediate and/or moderate your meeting with the third party. Any change in meeting times, requirements, etc. shall be handled between the User and the third party. Zricks is not responsible for facilitating the visit or the meeting between the parties. Zricks cannot be held responsible for your dealings with the third party and your dissatisfaction, if any, with the third party on any account.
ii) Terms of PRM Service
Once you have read through our information about Zricks’ PRM service, agree to all policies related to the service and make a payment to Zricks in lieu of the services of a PRM, your contact information will be forwarded to your Personal Relationship Manager. The PRM will follow the procedure mentioned on the Site under the PRM section. Zricks is liable to offer only those services and no more than have been mentioned on the Site. However, Zricks cannot be held responsible for a PRM’s failure to meet your requirements. The PRM will offer matches that meet your requirements closely however, Zricks cannot guarantee perfect matches.
The site visits arranged by the PRM have to be adhered to strictly and any rescheduling needs to be informed well in advance. Zricks is not responsible for a User’s failure to turn up at the site visit. No chauffeuring services will be provided. Arriving at the designated venue is the User’s prerogative.
D. Viewing and Listing
The User agrees that they will use the Website only for the purposes of viewing or listing advertisements related to real estate/property such as residential, commercial, rental and or to use the services provided by the Company in accordance with these Terms.
E. Third Party Involvement
As part of the Service, Zricks may provide you with information regarding goods or services offered by various third parties (including without limitation paid advertisers or sponsors of the Zricks Service, and independent brokers of apartment or condominium units). In no event shall Zricks be liable for any damages arising out of any interaction between you and such parties.
F. Profile Information
G. Messages and Posts
The Site contains a provision wherein you can post live requirements. Please note that, if you post a notice, the first name or nickname that you have provided will be displayed with that notice.
Although we reserve the right to verify your information, we do not assume any obligation to do so. We cannot, and do not, guarantee that every notice or message on the Site is authentic and/or accurate.
We are not obligated to pre-screen or monitor any posts or advertisement, but do reserve the right to do so, and to remove any message from the Site at our discretion. We may also forward offensive or unlawful content to law enforcement authorities.
H. E-mail Updates:
We may also send Users occasional e-mail bulletins encouraging them to log in to the Network or take advantage of various features or offers, unless such Users have opted not to receive these e-mails. These e-mails may also contain offers, services, notifications and/or listing updates provided by a third party. Zricks does not take any responsibility of the validity for any of these offers.
I. Online Forum
As part of the services provided by Zricks, you can communicate with other buyers and potential buyers through our online forums and discuss the benefits or disadvantages of the properties listed on our site. You will be able to actively participate in discussions related to new projects and properties and make an informed decision about your options. Posting the messages in forums will require you to login on the site with your User ID and your name/nickname which you have provided to us and it will be visible with the messages you post. We are not obligated to pre-screen or monitor any post on the forums but reserve the right to do so. We can also remove any message from the forums at our discretion.
IV. Use of Information
A.Zricks contain a diverse combination of texts, images, audio visual presentations, opinions, statements, facts, blogs, market data, prices and other information related to real estate. This content is only for the reference of users. This content must not be treated as hard facts and the user’s experience in the market may vary from our content and we do not provide any sort of guarantee for the same. We may apply some amount of generalization, approximations and might also use our own judgment while analyzing the content on the website, related to a project or a property. Users are advised to use the content at their own discretion.
B. The users acknowledge and agree to the fact, that the information provided on Zricks is with the best of intentions but there can be discrepancies and flaws in the information and the company disclaims all responsibility and liability of the information being 100% accurate. If you feel any information provided on the website is incorrect or inaccurate, you have complete right to notify us and we will change that information after due verification.
C. The price of a particular project or unit available on the Website is one that is made available by the builders but it is open to fluctuations as per the will and discretion of the builders and market trends.
Information in relation to any property, project or unit found on the Website is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor the Company provides any guarantee about any such information.
V. User Responsibilities
Users are completely responsible for complete use of the website with their credentials and also for the actions of those, to whom they have provided their credentials willingly. The user has the right to use the website and its features for information, lawful and non commercial purposes only. Using the website in a manner which might damage, disable, overburden or impair our servers or networks will result in an immediate termination of the user from our servers. Also, interfering with other users’ functionality of the website will deliver the same result. Any unlawful or unauthorized act of hacking or password mining will result into strong legal action against that user.
A. Your access to the Service will terminate if you violate the conditions of these Terms of Service & Usage. If so, you will no longer be eligible to use the Site as described in this document. For example, you will no longer be eligible to log in to view old messages.
B. Without limiting any other remedies, Zricks may terminate your account if you are found or suspected to have engaged in fraudulent activity in connection with our Service. The terms of suspension include but are not limited to, (a) infringement of any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) otherwise causing legally-recognized harm (such as a product that contains a defamatory statement); or (c) is illegal under, or your sale of which to the buyer would violate, any applicable law, statute, ordinance or regulation.
C. How you can help: Please notify Zricks immediately of any unauthorized use of your password or account, or if you suspect that there has been any other misconduct described above, by e-mailing us at email@example.com.
VII. Limitation of Liability
A.In no event shall Zricks be liable to any person for any incidental, consequential, special, indirect or punitive damages (including without limitation lost profits) relating to the Service or otherwise relating to these Terms of Service & Usage (whether for breach of contract, tort, or negligence) or its termination and irrespective of whether Zricks has been advised of the possibility of any such loss or damage. In no event shall Zricks’ total aggregate liability to you.
B. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise and quality of work or services or other information concerning the projects and the builders. We do not in any way endorse any builder or project described on the Website. In no event shall the Company be liable to the User or anyone else for any decision made or action taken by the User in reliance on such information.
C. We have no control over and cannot guarantee the availability of any site or property at any particular time. We will not be liable for cancelled or otherwise unfulfilled services offered by builders or any injury resulting therefrom, or for any other injury resulting from the use of the Website or Services whatsoever. You are strongly advised to perform your own investigation prior to selecting a property by making confirming telephone calls and/or visit the concerned builder or owner of the property to verify listed credentials, and to further verify information about a particular property.
D. Zricks assume no responsibility of any error, disruption, omission, interruption, computer viruses, deletion, defect, delay in operation or transmission of data related to any project or a property. Zicks shall not and cannot be held responsible in an event of technical malfunction of online systems, computer equipment or software failure or any other problem of similar nature. We are also not liable in any manner, in an event of damage to customer/user’s computer, resulting from participating or downloading materials from our website.
You hereby agree to indemnify, defend and hold Zricks and your building's owners and managers, and our and their officers, directors, employees and agents (collectively, the "Indemnitee") harmless from and against any and all losses, costs, expenses (including reasonable outside attorneys' fees), claims, suits and liabilities by third parties (collectively, "Claims") that the Indemnitee may suffer or incur, that arise, result from, or relate in any way to (i) your infringement of any intellectual property or other rights of a third party; (ii) your violation of any laws or regulation of any governmental, regulatory or judicial authority arising from your use of the Service; (iii) your violation of these Terms of Service, or (iv) your actual or alleged gross negligence or willful misconduct in connection with your use of the Service.
IX. Governing Law; Jurisdiction:
These Terms of Service & Usage shall be governed by Indian law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims or causes of action arising out of or in connection with the Service shall be subject to, and you hereby consent to, the exclusive jurisdiction of the state courts located in Gurgaon, Haryana.
THE SERVICE (INCLUDING WITHOUT LIMITATION THE SITE, AND ANY TOOLS OR DATA INCLUDED THEREIN) IS PROVIDED "AS IS" AND ZRICKS DOES NOT PROVIDE ANY WARRANTY WHATSOEVER WITH RESPECT TO THE PERFORMANCE OF THE ZRICKS SERVICE, INCLUDING ITS SAFETY, QUALITY, EFFECTIVENESS, COMMERCIAL VIABILITY OR MERCHANTABILITY. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY IN THIS REGARD. In no event shall Zricks be liable for any damage whatsoever arising out of the use of or inability to use the Zricks Service, even if Zricks has been advised of the possibility of such damages. Zricks does not take any responsibility for any damage happening due to any interaction between its users happening directly or indirectly through Zricks.
By opting for our Service, you expressly agree to the following:
“I, as a subscriber/User of the services offered through the web portal Zricks.com, do herby expressly authorize Zricks and any of their business associates to call/SMS/email my/our registered phone numbers (as provided by me / us to Zricks). I hereby expressly state that such authorization shall override the national Do-Not-Disturb Registry (“DND”), even if the phone numbers in question are registered under DND list of National Consumer Preference Registry (NCPR/NDNC).
I/we also undertake that I/we will not make any complaints to NDNC for any calls received from Zricks services/ products, and shall indemnify Zricks and any of its business associates for having engaged in any such practice.
I hereby authorize Zricks and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out / unsubscribe from the service offered by Zricks.com. Till such time, Zricks and its business associates shall have all rights to continue communicating with me and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer / advocate fees, even if the dispute is never subjected to judicial scrutiny.”
Pricing and Services
A. Advertising Cost
The applicable rate for the services which are being provided will be as per the amount mentioned in the ‘Advertise With Us’ page. It can be updated or modified by the company from time to time. The subscription period will commence from the date of payment. The users who opt for the ‘Basic Listings Feature’ at www.zricks.com for the purpose of buying property will be exempted from this clause.
The subscription fee has to be paid by the user at the time the user opts for our paid services. In case of a dispute due to any reason, the user is still liable to pay the fees. If the Company decides the verdict of the dispute in user’s favor, the excess amount paid by the user will be refunded to him free of interest. The delay in payment of subscription will allow the company to charge interest on the due amount, from the date on which the payment becomes due till the date when the payment is made.
The charges for various services vary over different offerings. To know more about the offerings and pricing, please visit the Advertise With Us page.
Cancellation and Refund Policy
In the event of cancellation of service due to any reason/s you are notified that we don't have a cancellation policy as we charge for services and not products. Cancellation charges cannot be made effective for the services provided by us. Please be informed that the requests received will not be treated as cancellation of our services. However, in lieu of a cancellation, we may provide an alternative service to compensate for the cost.