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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.