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Disclaimer/Limitations of liability


Disclaimers

Vhumi.com will take all possible measures to avoid any misrepresentation, fraud, illegal and unlawful action/inaction by any person using services of Vhumi.com but does not guarantee for any accuracy, correctness and/or reliability of any such information/content or user of Vhumi.com. You are bound to be alert and check the accuracy and correctness of any information submitted by any user on Vhumi.com site. Content/ information provided on this site is only for your reference and should not be treated as an advice or endorsement by Vhumi.com and before using or putting into any use of any such advise, or draft document you must consult a Legal practitioner.

Your use of the Vhumi.com service is at your sole risk. Please note that this contract strictly limits our liability and Vhumi.com does not provide any warranty for the service. The contract also limits your remedies.

Vhumi.com shall not be liable or responsible to verify the authenticity of the content posted by the users/members on the site including but not limited to the property price, plan, location, opinion/suggestions etc and shall be in no way be responsible for any loss/damages caused to the Users/Members. Vhumi.com only provides a platform/medium for communication between the property seeker and property providers. Vhumi.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Vhumi.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Vhumi.com service whether online or offline.

Vhumi.com does not guarantee or confirm the financial capability of any users/members of its services and does not acknowledge any ownership or guarantee for complying with the obligation between the property buyer and seller or licensor/lessor and licensee/lesee.

Vhumi.com is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Vhumi.com service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Vhumi.com service whether online or offline.

Vhumi.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.

Vhumi.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to you, users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Vhumi.com site and/or in connection with the Vhumi.com service.

Under no circumstances will Vhumi.com be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content/data posted on the Vhumi.com site or transmitted to Vhumi.com members. The exchange of any information/messages through Vhumi.com should not in any way be construed as any offer and/or recommendation from/by Vhumi.com.

Vhumi.com shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Vhumi.com. The site and the service are provided "as-is". Vhumi.com cannot guarantee and does not promise any specific results from use of the site and/or the Vhumi.com service.

Vhumi.com and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Vhumi.com disclaims any liability, whatsoever, arising out of or in connection with the services being offered through Vhumi.com.

The Member shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the Member.

Vhumi.com shall not be liable for any disclosure of information concerning the User's account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition Vhumi.com shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.

The Company does not warrant that Vhumi.com or any of the web sites linked to Vhumi.com will be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.

Vhumi.com is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User.

The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Vhumi.com screen or/and censor or/and otherwise control the Users of its service. Vhumi.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Vhumi.com will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site.

Vhumi.com does not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.

This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from.

Limitation on liability

You expressly understand and agree that Vhumi.com and its subsidiaries, affiliates, officers, employees, agents, partners, promoters, directors and licensors shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Vhumi.com has been advised of the possibility of such damages), resulting from:

a) The use or the inability to use the service

b) The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Vhumi.com;

c) Unauthorized access to or alteration of your transmissions or data

d) Statements or conduct of any third party on the Vhumi.com

e) Any other matter relating to the Vhumi.com services. - notwithstanding anything to the contrary contained herein, Vhumi.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Vhumi.com , for the service during the term of membership.

New Projects & Under Construction projects listings

Vhumi.com is an online platform for real estate property listings (hereinafter referred to as “Listings”). Vhumi.com allows its users (real estate agents or individual sellers) (“Users”) to post their Listings and share information of the properties available for sale or rent. Vhumi.com only provides a platform for, and therefore merely displays, the information as uploaded by the users. Further, Vhumi.com (and persons having any ownership or other interest in either of them and their respective directors, employees, agents and other representatives) hereby state the following and deny all claims that may arise in relation to the same:

a) Vhumi.com does not in any way facilitate the sales between the Users and you/visitors and is not acting on behalf of any User and cannot be deemed to be a real estate agent as defined under the Real Estate law of the country.

b) All information (including standards of service, developer affiliations or types and kinds of services) in relation to any project whether written, visual representation or oral, as made available on Vhumi.com, contained in the emails from Vhumi.com or conveyed by representatives of Vhumi.com are all information as provided, described and supplied by the concerned User. Since this information on Vhumi.com has not been generated or created by Vhumi.com, there is a possibility that the information may not be current and may be incomplete or inaccurate. None of the Housing Parties offers any guarantee, warranty, promises or representation, express or implied, in this regard.

c) The pictures/photos/visuals/videos shown here include artist’s impression of the property being displayed and have been provided by the Users. The actual properties may vary from, and may be inconsistent with, such representations.

d) You can access and verify the information regarding the User and the property (being a real estate project as defined under the Act) or obtain any additional information from the website of the jurisdictional Regulatory Authority or the website of the User (if any) or by making physical enquiries with the User or any other source. Before deciding to purchase or taking any other action you are requested to exercise due caution and to independently validate and verify all information and details from the aforesaid sources and to go through the terms and conditions as included in the documents.

e) You also acknowledge that by merely making such information available on the site, Vhumi.com is not involved in any ‘unfair trade practice’, as defined under law, if such information turns out to be inaccurate, incomplete or false.

f) The User or the project / property may be required to register with the concerned authority under any law and to otherwise comply with law of the country. The display of information on Vhumi.com with respect to such a User or project / property does not guarantee that the User or the project/property has registered under the relevant law or is compliant with the same and there is a possibility that the authorities may deny the registration or revoke the registration if the same has been granted or take any other action for non-compliance. Vhumi.com assume no responsibility or liability in this regard.

g) If you provide any contact details on the portal, we may contact you to solicit feedback of your experience and to provide any additional services that you would be eligible for, either as a customer or as a visitor. The visitor/user may opt out anytime from receiving such communication.

None of the Vhumi.com’s person shall be responsible or liable to you or any other person- (a) for any error, falsity, or inaccuracy in the information provided herein or for any omission of information;

(b) for any action taken, cost / expenses / losses incurred, by you or any other person, based on the information given on the portal;

(c) for any act or omission of the Users (or developers) or any default or failure or breach on their part, including with respect to delivery of any services or amenities advertised and any delay in delivery or completion of the property; or

(d) the registration of the Users/project/property being revoked or denied or any action being taken towards the same.

Please note that this disclaimer is in addition to the provisions of any other disclaimer displayed / listed on Vhumi.com

 

Disputes

Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 24 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the Vhumi.com you further agree that the laws of Bangladesh will govern the disputed matter. You agree to the exclusive jurisdiction of the courts of Dhaka, Bangladesh.

 

Assignment

Vhumi.com may assign this contract to anybody with or without notice to you. You cannot assign this contract to anybody without getting prior written approval/consent of Vhumi.com. Any such transfer/assignment by you without getting approval of Vhumi.com shall be void.

 

Indemnity

You agree to indemnify and hold Vhumi.com, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Vhumi.com Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.