Terms and Conditions
The domain name Monest.com (hereinafter referred to as "Website") is owned and operated by Officus Infrastructure Private Limited (“Company” or “we” or “our” or “us”), a company incorporated under the Indian Companies Act 2013 and having its principal place of business at (insert address).
In order to access and use certain Services, you must first register and create an account with us (“User Account”).
If you use the Website, you are responsible for maintaining the confidentiality of your password and other details in relation to your User Account and any activity that occur in or through the User Account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or User Account.
Any real estate professional registering and creating a User Account hereby represents that they are duly authorised to do so.
If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept any legal terms available therein, make various representations and warranties etc. Any such action/ activity will be deemed to have occurred on your behalf and in your name. The Website has firewalls in place to protect the User Content but it does not guarantee any unauthorised access by any third party of your User Content. If you know or suspect that someone else knows your password or suspect any unauthorised use of your password you should notify us by contacting our Grievance Officer. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.
You also agree and confirm that you will:
Further, you expressly acknowledge that on creation of a User Account on this Website, you share a business relationship with the Company . You further accept that we or our service providers may communicate with you, whether by phone, mobile phones, text (SMS), email, postal mail or otherwise. We reserve the right to record the phone calls made to us by the User for compliance to quality and customer satisfaction. You duly consent to the same, in case you access the Website in jurisdictions where consent is required to be taken by a party to record any telephonic conversation.
We will take all reasonable efforts to ensure that our Services are operational and uninterrupted. However, we do not guarantee that any Content will be made available to you in or through the Services. In case of certain technical difficulties, routine site maintenance/upgrades and any other event outside our control may, from time to time, result in temporary service interruptions. We also reserve the right at any time and from any time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof with or without notice. You agree that we shall not be liable to you or any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Services.
We may allow you to create, post, submit and/ or display the Content on or through the Services (“User Content”). You will be entitled to own the rights in such User Content. The User shall be solely responsible for the User Content and assume all risks associated with it, without any limitation. By submitting or posting User Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to display, copy, reproduce, process, sub-license, publish, distribute and use in any manner such User Content. You also allow us to use all intellectual property rights associated therewith, throughout the world in any media formats and any media channel now known of hereinafter devised for any promotional or commercial purposes, either by us or third parties who partner with us for distribution, publication or broadcast of our Content, during the full term of copyright and all renewals and extensions thereof, without any obligation to make any payment to you or others or to give you credit. In consideration for the access and use of the Services, the User agrees that the Company may enable advertising on the Services, including in connection with the User Content or other information. The Company may also use the User Content to promote the Company and its Services. You also waive any right to inspect or approve any final product. The User Content appearing on the Website is the property of the respective Users and the Company does not assert any rights in relation to the same. Such User content is used by the Company subject to the fair use provisions of Indian copyright law and applicable provisions in other jurisdictions.
You may delete your User Content or User Account at any time. Processing the deletion may take some time, but the same shall be done by the Company. The Company may maintain backup of all User Content for such time as may be required under applicable laws and operational purposes of the Company.
Any User acting as a real estate agent, as defined under the Real Estate (Regulation and Development) Act, 2016 (‘RERDA’), represents that they have been duly registered as a real estate agent under RERDA and any project being advertised by them through this Website, has also been duly registered with the appropriate authorities and satisfies all the requirements specified under RERDA.
You agree that all listings/ advertisings or facilitation done by you for the sale or purchase of any real estate on the Website which are being sold by any promotor or developer of a real estate project are registered with the Real Estate Regulatory Authority, established under the RERDA. You will not publish or advertise any service on the Website which are not intended to be offered in the real estate project.
You agree to provide the address of the Real Estate Regulatory Authority wherein all details of the registered project have been entered including the registration number issued by the said Authority as per the requirements under the RERDA.
You agree to not use any information about the Users being transferred to you during your use of Website or Services for any reason except for providing Services to those Users. You further agree to not use such information for any illegal or harmful purpose.
You agree and acknowledge that the Company is not a real estate agent as defined under RERDA and the provisions of RERDA do not apply to the Company. Further, you also acknowledge that the Company shall not be liable for any issues that may arise under RERDA.
You own all rights in and to the User Content and will continue to have a clear title, consents, licenses and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
You have obtained the requisite consents and permissions under all applicable laws, for the posting, transmission and publication of any personal information which is part of the User Content, and you will adhere to all laws applicable thereto.
The User Content is and will continue to be true, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, use, post, transmit or display in the country in which you or the Website’s visitors and users (“End Users”) reside, or for the Company and/or your End Users to use or possess in connection with the Services.
You understand and undertake that you shall be solely responsible for the Registration Data and the User Content and undertake neither by yourself nor by permitting any third party to host, display, upload, modify, publish, transmit, update or share any information that:
1. belongs to another person and to which you do not have any right to;
2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harms minors in any way;
4. infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonates another person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
10. creates liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers and/ or Users;
11. is in the nature of political campaigning, unsolicited or unauthorised advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation; or
12. is illegal in any other way.
You agree and understand that the Company reserves the right to remove and/or edit such detail / information.
You shall not, directly or indirectly attempt to gain unauthorised access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
Monest.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act 2000.
The Company disclaims all warranties, express or implied, for fitness, title, non-infringement or marketability of any product or services provided by the Website. All products and services provided on the Website is on an “as is” basis without any warranties and are to be used by you at your own risk.
Monest.com does not represent in any manner:
1. the accuracy of any information or contents provided on the Website;
2. That the User Content provided by you shall be secure and protected;
3. That we take any responsibility of any User Content or that we endorse it;
4. That the Website verifies, screens or monitors any User Content on the Website or guarantees the quality of any User Content therein, unless specifically mentioned;
5. That the Company has verified the credit-worthiness of any User;
6. That the Website or any content is free from viruses or other malware.
We undertake regular verification process on the Website to filter fake listings, duplication, listings without photos of the property etc. The verified data on the Website are separately marked as ‘verified listings’ for the convenience of the User. We disclaim all responsibility for regularly updating any subsequent change that may have occurred in the photos marked under verified listings. The photos shall be provided on an ‘as is’ basis and shall not be the responsibility of the Company to check its accuracy. Listings on the Website are only for a visual guidance of the User and Monest.com shall not be responsible for visiting, viewing or determining the suitability of any particular property according to the specific requirement of a User.
All details about a listing including but not limited to photos, floor plans, amenities, localities, prices, availability etc are merely indicative and are meant to be used for informative purposes only. For any further details about any listings, we may put you in touch with a real estate agent/ advertiser/ lister of the said listing. Neither the Website nor we shall be in any manner liable or responsible for any loss suffered by the User due to advances or deposits made by them relying on the information given in the advertisement published on the Website, site visits, or any incidental costs incurred by the User due to reliance on any information provided by the real estate agent / advertiser/ lister, for the reason of it being incorrect.
We shall not be responsible for any contractual/ commercial agreements or its breach that you may enter into with another User/ advertiser/ real estate agent. The Company does not directly or indirectly sell/ purchase/ rent/ lease any immovable property.
Any disputes arising between you and any other Users shall not implicate us in any manner including any of our affiliates, officers, directors, employees, agents and professional advisors. The Company and its affiliates, officers, directors, employees, agents and professional advisors shall not be liable for any cost, damage, liability or other consequence of any of the actions or omissions on your part and such disputes are to be resolved between you and such Users only. We shall not be involved in mediating or resolving disputes between you and other Users on the Website. Further, you also agree that the Company and its affiliates, officers, directors, employees and agents shall not be made parties to any proceedings under the RERDA.
You shall be entitled to use a valid credit/debit and/or any other payment cards, online banking facility or other payment instrument (“Virtual Payment Modes”) to make payment against any transaction being effected on the Website.
We will not be liable for the loss of any nature whatsoever caused to you arising, directly or indirectly, out of decline of authorisation for any transaction, resulting from you exceeding your pre-set permissible payment limit under Virtual Payment modes, as applicable.
We may, at our sole discretion, require further authorisation from you, such as a telephone confirmation of your payment and/or other information.
The User, by the act of logging onto the Website and/or submitting information or User Content to the Company (through the Website or otherwise) is deemed to have consented to and has expressly/impliedly and irrevocably authorised the Company to use, reveal, archive, analyse, display or transmit all information required by the Company. The User represents and warrants that all the information provided by the User are true, correct and complete and if found to be untrue, incorrect or incomplete, the Company has the right to take any action it deems fit in relation to the particular circumstances without any limitations.
The User represents and warrants that the User is fully aware of all the applicable laws particularly governing the use of the Website and the Services and that the User is not violating or attempting to violate any applicable laws.
The Website and Services can be accessed in and from all jurisdictions across the world. We make no representation that materials or Content available through our Website and Services are appropriate or available for all these jurisdictions. If You access or use the Website from a country or location apart from India, you are solely responsible for compliance with necessary laws and regulations for use of the Website, in your jurisdiction.
The Content available through the Services may be viewed and used only for your personal, non-commercial use. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Services or the Content, and we reserve all rights not expressly granted hereunder. We do not permit copyright infringing activities and infringement of intellectual property rights on or through the Services, including the Content. We request that you promptly notify us in writing upon your discovery of any unauthorised use or infringement of the Services and/ or Content (including the User Content). You agree not to make use of the Content in a manner that would infringe the copyright therein.
You also acknowledge and agree that any feedback, comment or suggestion you may provide regarding the Services and/ or Content is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation or compensation to you.
If you believe that your copyright work has been copied and posted in the Services or the Content in a way that constitutes copyright infringement, please provide us with all relevant information, including but not limited to, the identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and any information reasonably sufficient to permit us to locate such material. Please also provide us your contact information, including your address, telephone number, and an email address at the time of making the complaint. To inform us about any infringement, you must send an email to our Grievance Officer and we will take appropriate action as required under applicable laws.
The company owns all applicable intellectual property rights over any Content that you create on behalf of the Company or in collaboration with the Company’s editorial team. Such Content shall not be shared with any third party or posted in any other website, without prior written permission from the Company.
Mr. [insert name] (Grievance Officer)
Email: [insert email]
Ph: [insert number]
Any legal person who holds intellectual property rights (such as a copyright, trade mark or patent) which may be infringed upon by products listed on the Website is encouraged to submit a Notice of Infringement to us by providing the following information at:
The Notice of Infringement should be in the following format:
I, [insert name] of [insert address] do solemnly and sincerely declare as follows:
I am the owner of certain intellectual property (“IP”) rights, listed on your Website “Monest.com”. I have a belief that the item listings or materials identified in the annexure attached hereto are not authorised by the claimant of the said IP, their agent, or the law and therefore infringes the undersigned’s IP rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:
Title & Company:
and I make this declaration conscientiously believing it to be true and correct.