The domain name Monest.com (hereinafter referred to as “Website” and “Mobile Application) 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 Harrington Mansion, 8 Ho-Chi-Minh Sarani, G-12, Kolkata - 700071. Any person logging on to or using the Website (“User” or “you”) or using our mobile applications and services such as software, data feeds, email newsletters, and receiving associated services provided through such websites and mobile applications, etc. (“Services”) shall be presumed to have read the Website Terms of Use (which includes the Disclaimer and Privacy Policy, separately provided on the Website) and has unconditionally accepted the terms and conditions of use and these constitute a binding and enforceable agreement between the User and the Company. The User’s use of the Website (including the Services and tools) are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, the User shall be under a binding obligation to comply with these terms and conditions including the policies mentioned hereinafter. The Terms of Use are published in accordance with applicable laws. For the purpose of these Terms of Use, wherever the context so requires "User” shall mean any natural or legal person who has agreed to these Terms of Use on behalf himself or any other legal entity. For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, logos, photographs, videos, audio clips, animations, written posts, articles, comments, software, scripts, graphics, themes and interactive features generated, provided or otherwise made accessible on or through the Services, including the User Content (as defined hereinafter). The Terms of Use may be revised or altered by the Company at its sole discretion.

This Website provides products and services related to real estate including but not limited to real estate listings and related information, home loan related products and information, real estate professional profiles and advertisements, real estate developers project information and details. The products and services listed here include paid products and services. These Terms of Use are binding on you by your usage of paid or free products or services. The company provides a number of internet-based services through its platform and shall include:

  • Posting User profile or listing for the purpose of discovering and connecting with real estate professionals (agents) for buying, selling, renting and related property services etc by the real estate agents.

  • Posting developers project information for the purpose of advertisement and discovering, connecting and transacting with real estate professionals.

  • Secure property information and details through the registered real estate agents and its internet links.

  • Place developers projects advertisement in any of the group publications through www.monest.com

  • Post advertisements on Monest Mobile Application via www.monest.com

  • Send advertisements and promotional messages through emails messages and chat.

The Services can be purchased through various methods of payments offered. The purchase of Services shall be additionally governed by specific policies of sale, like subscription fees, payment and Refund policy, cancellation policy etc.

Any person who is above 18 (eighteen) years of age and competent to contract under applicable laws is eligible to access or visit the Website. Your use or access of the Website shall be treated as your representation that you are competent to contract. The User represents and warrants that the User will be responsible, for all of the User's use of the Website (including the purchase/ availing of Services) and access of the Website (as well as for use of User's account by others) and that the Company shall not be attributed with any liability for the content posted by you. The Terms of Use shall be void where prohibited by applicable laws, and the right to access the Website shall automatically stand revoked in such cases.

In order to access and use certain Services, you must first register and create an account with us (“User Account”).  Any information provided to us during the registration process or otherwise, will be protected in accordance with our Privacy Policy separately provided on the Website. If you use the Website, you are responsible for maintaining the confidentiality of your password and one time unique code generated on your registered mobile number 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 profile 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:

  • provide accurate, current and complete information whenever prompted by the Website or when required by the Website’s registration form (“Registration Data”).
  • maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the details provided.

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 also reserve the right to:

  • Remove, edit, modify, refuse to distribute or otherwise manipulate any Content at our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms of Use), or for no reason at all, and

  • Remove or block any Content from 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 are responsible for your use of the Services, for any User Content you provide, and for any consequences thereof, including the use of your User Content by other users and our third party partners. You understand that your User Content may be broadcast, distributed, or published by our partners.

Further, the User hereby agrees and irrevocably authorises that the Company has the right to:

  • All copyright and/or know-how and/or any other related intellectual property rights to the Services of Officus Infrastructure Private Limited including listings, details of Users, and any information otherwise made available to User in the Service, shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to Officus Infrastructure in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.

  • Use for the Company's own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.

  • Retain all data or/and information supplied by the User while using the Service to remain at Officus Infrastructure for the exclusive use of the Company in accordance with service agreement with the User, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company's property, records and databases as the exclusive property of the Company, for all times to come.

  • By entering mobile number and email address on Monest.com while registering for an account or receiving alerts, contacting a property seller/buyer, real estate professionals and real estate developers User gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number and email address he/she shall not submit his/her mobile number with www.monest.com.

All real estate agents and developers (as defined under RERA) registering with the Website or using our products or Services, agree to claim and submit original listings only. In addition to these Terms of Use, such real estate agents would be required to abide by such other terms and conditions as may be specified by the Company. Any User acting as a real estate agent and developer as defined under the Real Estate (Regulation and Development) Act, 2016 (‘RERA’), represents that they have been duly registered under RERA 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 RERA.

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 RERA. 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 RERA. 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 RERA and the provisions of RERA do not apply to the Company. Further, you also acknowledge that the Company shall not be liable for any issues that may arise under RERA.

Project developers or builders and Real Estate Agents, are required to comply with rules, regulations and guidelines of RERA Act 2016 and obtain necessary registration under the said Act. It is mandatory for Project developers or builders and Real Estate Agents to disclose on the Site, all material and requisite information as required under the Act. We do not guarantee that Project(s) and Real Estate Agents have registered under the Act or are compliant with the same. In no event will the Company be liable for any claim made by the Users including seeking any cancellation for any of the inaccuracies in the information provided in this Site. 

It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERA Act 2016) developed, built by a Developer/ Builder and/or initiated/referred to by a Real Estate Agent, before making any Buy/Sell or any other decisions. 

Officus Infrastructure makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, services or related information provided by Developer/Builder/Real Estate Agent/Promoter on its Site with respect to any property or project. 

User(s) are expressly required to indicate property area in standard unit of measurement as per Legal Metrology Act, 2009 i.e. base unit of length shall be meter. User(s) agree to the said Law. The Company shall not be liable for any infringement of said Law by the User(s). 

The information and opinions available on this website/App are broad guidelines for general information only. They are solely intended to provide information of general nature of the subject matter. The material on this website/App is not and should not be regarded as legal, financial or real estate advice. Every effort is made to ensure that the material is accurate and up to date. However, we do not guarantee or warrant the accuracy, completeness, or currency of the information provided. User should make own inquiries and obtain independent professional advice before making any legal, financial or real estate decisions. Officus Infrastructure is not liable for any loss, special, indirect or consequential damage, cost or expenses incurred or which may arise, negligence or other tortuous action for any reason whatsoever by any person using or relying on information in this product. Measurements, prices and locations are approximate and no responsibility is taken for any error, omission or misunderstanding in these particulars.

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: belongs to another person and to which you do not have any right to; 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; harms minors in any way; infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonates another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functional.  

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: the accuracy of any information or contents provided on the Website; That the User Content provided by you shall be secure and protected; That we take any responsibility of any User Content or that we endorse it; 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; That the Company has verified the credit-worthiness of any User; 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 requirements 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.

You shall be entitled to use a valid credit/debit and/or any other payment cards, online banking facility or other payment instrument (Cheque/Bank Transfer/Virtual Payment Modes) to make payment against any transaction being effected on the Website. You agree and accept that all nuances and modalities relating to Virtual Payment Modes shall be separately governed by arrangement(s)/ terms and conditions between you and the relevant banks and/or financial institutions, as the case may be. We would not be responsible, in any manner whatsoever, for any liability that may arise in relation to any aspect of/ relating to the Virtual Payment Modes (including any fraudulent transaction).

The applicable rate of the Developers Project Registration for the Service provided shall be such as mentioned in the "My Subscriptions" page or as may be prescribed by the Company from time to time. Liability for the Subscription Fees shall accrue from the Date of Commencement. All individual Users who access or make posting of information on the Site for the purpose of buying property shall be exempted from the application of this clause.

In case of Payment and Refund Terms - For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis, considering the usages of the services. Customer/Users agrees that the refund process would take at least 21 days after the complete documentation has been received by the Finance team for processing such refund. Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.

The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company's deciding the dispute in the User's favour, the Company shall refund to the User any excess amount paid by the User free of interest.

Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest @15% on the outstanding amount from the date the payment became due until the date of final payment by the User.

For Charge Back Policy, payment for the services offered shall be on 100% advance basis. Payment for service once subscribed to the subscriber, is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of the Company only. User acknowledges and agrees that the Company at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to the Company under any other agreement or commercial relationship towards other products/services. The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

In case of Cancellation, company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.

Notwithstanding anything contained in the Terms of Use, you agree to indemnify us for any liability arising in this regard. 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.

  • To provide accurate, complete and correct registration data on initial application for the Services.

  • The User agrees that any data entered on the Site will be subject to mandatory  verification process by the Company.

  • Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.

  • The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.

  • The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).

  • The User shall be solely responsible for all information retrieved, stored and transmitted by him.

  • The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.

  • The User shall be responsible for all the activities that occur his/its display name and password.

  • The User agrees to immediately notify the Company of any unauthorised use / breach of his/its password or account and ensure to exit from the account at the end of each session.

  • The User shall immediately notify the Company of any unauthorised use of the User's account or any other breach of security known to the User.

  • The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.

  • The User shall be responsible for the set-up or configuration of his equipment for access to the Services.

  • User hereby declares that he/it is fully aware that the online advertisements placed with Monest.com shall be reflected after 72 hours and agrees to the stipulated 72 hours processing.

  • The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by Officus Infrastructure Pvt. Ltd. as deemed fit by them.

  • The User shall give out to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User on monest.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of monest.com The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.

  • The User will indemnify Officus Infrastructure Pvt. Ltd. for any action or claim committed/made by any third party resulting from any information posted on the Site by the User or/and anybody else on his behalf and account.

  • The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Company however shall endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.

  • User of the website agrees to indemnify and keep Officus Infrastructure Pvt. Ltd. indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.

  • User is restrained from allowing any person other than the authorised person(s) named in the application form to use the Service.

  • The User undertakes not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorised commercial use of the Service.

  • The User shall use the Service only for the purpose for which it is subscribed.

  • The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

  • The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.

  • The User shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes.

  • The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.

  • The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.

  • The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.

  • The User agrees not to make use of anyone else's information other than as necessary to complete any transactions in which User is involved.

  • The User shall not violate, or attempt to violate the security of the Site and/or any web sites linked to monest.com or gain unauthorised access any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

  • The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Site network system.

  • In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to the Site Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to recourse to any legal remedy against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.

  • Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Website

  • Take or attempt to take any action that might damage, disable or overburden our (or our third party providers) infrastructure;

  • The Users shall avail Services on Monest.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorised use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.

  • Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Monest.com site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.

  • Company also prohibits the use of another internet service to send or post SPAM to drive visitors to your site hosted on or through Monest.com site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

  • You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve Our right to bar any such activity.

  • You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

  • You shall not engage in advertising, or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Site or related to us.

  • The Content posted does not necessarily reflect Company views. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  • Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company's Services/Site/computer resource, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

We will not be liable for any failure and/or delay on our part in performing any obligation under the Terms of Use and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by you if such failure and/or delay is result of or arising out of a Force Majeure Event, as defined hereunder. For the purposes of these Terms of Use, “Force Majeure Event” means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government including change in law, governmental orders or restrictions, breakdown and/or hacking of the Website, such that it is impossible to perform the obligations under the Terms of Use, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder. It is hereby clarified that the failure to make a payment of money by the User will not be considered to be a Force Majeure Event.

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 information and Content provided on the Website is an exclusive property of the Company and/ or third parties (as applicable) and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of the Company. The User agrees to use this Website for accessing real estate related listings, including but not limited to advertisements, residential properties for rent/ paying-guest/ hostel/ service apartment and commercial properties etc in accordance with these Terms of Use and any other agreements that you may have entered into with the Company.

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.

You acknowledge that the Company has no obligation to pre-screen, monitor and/or review any User Content, although the Company reserves the right to pre-screen, refuse or remove any User Content, at its sole discretion. Without limiting the foregoing, the Company shall have the right to remove any User Content that violates the Terms of Use or is otherwise objectionable or in violation of applicable laws. In the event, any Content violates any of these Terms of Use, the User may write to the grievance officer and the Company shall take appropriate action in accordance with applicable laws. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any applicable laws, or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’ s sole discretion is objectionable or in violation of this Terms of Use or applicable laws. The Company may also impose limits on certain features or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this clause, these Terms of Use or applicable laws, or for any other reason without notice or liability.

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.

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Kolkata (West Bengal) shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.

No waiver: Even if the Company does not exercise a particular right or enforce a particular clause under these Terms of Use, it will not amount to a waiver of the Company’s rights under these Terms of Use. Severability: If any provision of these Terms of Use is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the intentions as reflected in the such provision and that the other provisions of the Terms of Use shall remain in full effect, notwithstanding anything contained in such impugned provision. Thus, illegality or unenforceability of one or more Terms of Use shall not affect the legality and enforceability of the other terms of the Website. It is clarified that the Disclaimer and the Privacy Policy provided separately form an integral part of these Terms of Use of the Website and should be read in conjunction.

The Website contains links to websites owned and/or operated by third parties. You may be able to access, review, display or use third party services, resources, content or information. In particular, the websites that you may follow by using the Website are owned and/or operated by third parties. Such links to third party websites and content are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Website does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third party website you accept that we do not exercise any control over such websites or their content. We have no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to, reliance on or use of such third party websites or their content. Further, the User undertakes to indemnify the Company for any liability that may arise on the Company in relation to the User’s access, use, review or reliance on any third party website, service, resource, content or information. We encourage you to familiarise yourself with the terms of use applicable to any third-party website you may access. You acknowledge sole responsibility for and assume all risk arising from your access to, use of or reliance upon any third party websites and any materials or content made available therein.

Any complaints or concerns with regards to content of this Website or comment or breach of these Terms of Use or any intellectual property of any user shall be immediately informed to the designated Grievance Officer as mentioned below via email signed with the electronic signature. Mrs Nidhi Sancheti (Grievance Officer). Email: legal@monest.com

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: Monest.com [insert address] The Notice of Infringement should be in the following format: Notice of Infringement Monest.com [insert address] 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: Name: Title & Company: Address: Email: Telephone/Fax: Date: and I make this declaration conscientiously believing it to be true and correct. Truthfully, Signature

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