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This is a Contract/Agreement between you and Vhumi.com., having its registered office at Rowshan Tower, 152/2/2A Panthapath, Dhaka-1205. Vhumi.com and its services are, hereinafter referred as, Vhumi.com, Vhumi.com site, Vhumi.com service(s), service(s) or we.
This Contract is effective from the date when you first start using Vhumi.com and/or first start registration on Vhumi.com and the same shall continue until terminated by either party expressly by giving written notice. Vhumi.com provides advertising services relating to real estate/property and other connected services without any specific warranty of any specific result/outcome.
Vhumi.com may modify this Agreement from time to time at its own discretion. Any alteration in this Contract term shall be effective on sending an alert email to that effect to your email address as provided by you from time to time. You are supposed to check the provisions of this Contract regularly to update yourself accordingly. Your use of Vhumi.com site implies your acceptance of change in this Contract as effected by Vhumi.com from time to time.
You agree to inform Vhumi.com your subsequent disability to enter into any contract. Subsequent disability shall entitle Vhumi.com to restrict/change/terminate this agreement at its own discretion with or without any notice to you in this regard
In order to use all relevant functionalities of Vhumi.com Site ("Site"), you may get yourself registered as a member of the Site ("Member") by providing your true and correct information as required in the registration process.
Vhumi.com can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to you.
Services for the purpose of this Agreement mean the Services to be provided by Vhumi.com/Company to the User/ Member of vhumi.com and shall inter-alia include the provision of following facilities:
§ Service to the Users/ Members wishing to post their listing for the purpose of sale/rental of their property, and for Users/ Members providing property services etc.
§ Service to the users who wishes to place a print advertisement in any of the group publications through the www.vhumi.com site.
§ Service to the Users/ Members who wishes to place print advertisements(s) in any of the group publications through the www.vhumi.com site.
§ Service to the Users/ Members who wishes to insert advertisements at www.vhumi.com.
§ Service to the Users/ Members who wishes to receive advertisements and promotional messages on and through emails.
Hereinafter, all the above services shall collectively be referred to as Services and Service in case of any single service from the above.
Suspension of Services
If any amount payable by the Member to the Company is not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service /Services provided to the Member.
When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company.
Upon subsequent payment by the User/ Member of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, restore the Service(s).
Vhumi.com may at its sole discretion from time to time offer you variety of features and facilities for the Service(s).
Property Listing Fees and Payments
The applicable rate for the Service(s) provided shall be such as mentioned in the "Sell/Rent Property" page or as may be prescribed by the Company from time to time in any other pages.
Liability for the Property listing fees shall accrue from the date of registering or as may prescribed by the company.
All individual Members who access or list their postings of information at Vhumi.com for the purpose of buying property shall be exempted from the application of this clause.
Where property listing fees accrues it shall be payable at or within such time as stated or informed by the Company to the Member.
The property listing fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments etc.
The Services will be activated only on realization of the full payment.
Term & termination
This Agreement will remain in full force and effect after you first use the Site. Vhumi.com reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your membership at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the membership is cancelled or suspended, any data/content you may have stored/submitted to Vhumi.com may not be retrieved later.
Refund of the fees, if any, shall be at the sole discretion of the company and the same would decided on case to case basis on merits and would be subject to other terms of this Agreement. You understand that Vhumi.com may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of Vhumi.com.
Authority to submit information/content on Vhumi.com
Any information/content in relation to any property or otherwise shall be submitted by you only and only if you are: - Undisputed legal owner of said property or Legally valid Special Power of Attorney holder from the undisputed legal owner of said property to perform under this Contract or Holding any other legally valid authority document(s); or Otherwise legally authorized to submit such information.
In case of content/data/information submitted by you to Vhumi.com, for availing the Services provided by Vhumi.com, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Vhumi.com reserves its rights to take all necessary action, civil, criminal including cancellation of any or all your registrations with or without any notice to you in this regard without any refund of the fee.
Vhumi.com reserves the right to screen messages that you may send to others through Vhumi.com site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
In order to protect Vhumi.com and/or our Members from any abuse/misuse, Vhumi.com reserves the right to restrict the use of Vhumi.com by you for such period which Vhumi.com deems appropriate in its sole discretion. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with Vhumi.com and/or its Members.
Vhumi.com reserves the right to screen the content you may post and also regulated the same by deleting unwarranted/obscene or any other content at any time at its sole discretion without prior notice to you
Content posted on the site
You hereby confirm that :
(A) The Content posted by you on the site does not infringe any third party's intellectual property or proprietary rights or rights of publicity or privacy;
(B) The Content posted by you on the site does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority;
(C) Is not defamatory, libelous, pornographic or obscene
(D) The Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to Vhumi.com by law;
(E) Vhumi.com may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Vhumi.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vhumi.com has rights to suspend or terminate your account and refuse any and all current or future use of the Vhumi.com site and its services (or any portion thereof). Vhumi.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Vhumi.com Site and the Vhumi.com Service;
(F) The Site contains the copyrighted material, trademarks, and other proprietary information of Vhumi.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Vhumi.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;
(G) All lawful, legal and non-objectionable messages (in the sole discretion of Vhumi.com), content and/or other information, content or material that you post on the forum boards shall become the property of Vhumi.com. Vhumi.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;
(H) You understand and agree that - Vhumi.com may delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of Vhumi.com violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Vhumi.com and/or its Members or any third party. - You are solely responsible for the Content that you publish, display or submit (hereinafter, "post") on Vhumi.com, or transmit to other Vhumi.com Members. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrapers, EXE's, CGI or any other programs/scripts to view and or collect information or content on or communicate/ contact/respond/interact with other Members.
The discussion forum on the website is not for personal grievance and the same is also not a venue for resolution of personal dispute;
(I) Vhumi.com reserves the right to verify the authenticity of Content posted on the site. In exercising this right, Vhumi.com may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence within prescribed time, Vhumi.com may, in its sole discretion, terminate your Membership without any refund and pull out your content from the Vhumi.com site;
(J) By posting Content to any public area of Vhumi.com, you hereby grant, and you represent and warrant that you have the right to grant, to Vhumi.com an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing;
The following is an indicative list of Content that is illegal or prohibited on the Site. Vhumi.com may investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions of this Agreement, including without limitation, removing the offending communication from the Vhumi.com site and terminating the Membership of such violators without a refund. It includes Content that:-
(i) Is blatantly offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(ii) Harasses or advocates harassment of another person;
(iii) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
(iv) Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(vi) Displays pornographic or sexually explicit material of any kind;
(vii) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (viii) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(ix) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
(x) You must use the Vhumi.com Service in a manner consistent with any and all applicable local, state, and federal laws and regulations;
You will not post, distribute, or reproduce in any manner copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Vhumi.com Service in a way that constitutes copyright infringement, please provide us with the following information.
a) A description of the copyrighted work that you claim has been infringed;
b) A description of where the material that you claim is infringing is located on the Site;
c) Your address, telephone number, and email address;
d) A written statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
e) Where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right;
g) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
h) Vhumi.com's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the Dhaka address located under the Help/Contact section on the site;
You are solely responsible for your interactions with other Vhumi.com Members. Vhumi.com reserves the right, but has no obligation, to monitor disputes between you and other Members. Vhumi.com also reserves the right to take appropriate action against errant members. However, Vhumi.com is not obliged to share such action with other members, including complainants.
Member is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
The Member undertakes not to resell or assign his/her rights or obligations under this Contract. Member also agrees not to make any unauthorized commercial use of the Service.
The Member shall use the Service only for the purpose for which it is subscribed.
The Member shall comply with all applicable laws (and shall not contravene any applicable law) of Bangladesh relating to the Services, including any regulation made pursuant thereto.
The Member shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any Member on Vhumi.com except such data and information which is posted by the particular Member himself.
The Member shall not share the Service with any person without the prior written approval of the Company.
The Member shall not use the Service for any unlawful 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 an abusive, indecent, obscene, defamatory or menacing nature.
The Member shall be prohibited if they persistently send messages or make postings on Vhumi.com to any other Member or third party who access Vhumi.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.
The Member shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.
The Member shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or Member Data displayed in our listings. For the purpose of this Agreement, "Member Data" shall mean all information (if any) submitted by the Member to Vhumi.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable Member Data" shall mean that subset of "Member Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The Member Data shall be deemed to be the property of Vhumi.com. The Member shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
Member agrees not to make use of anyone else's Information other than as necessary to complete any Vhumi.com transactions in which you are involved.
The Member shall not violate, or attempt to violate the security of Vhumi.com and/or any web sites linked to Vhumi.com or gain un-authorized access any information regarded as private by other Members or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the Member is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
The Member 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 Vhumi.com network system.
Vhumi.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Vhumi.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
Vhumi.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Vhumi.com systems, 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.
Dealings with advertisers
Vhumi.com does not endorse any advertiser or any of its products. Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Vhumi.com service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vhumi.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or advertisement on the Vhumi.com site.
Disclaimer/Limitations of liability
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
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.
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.
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.
Any notice required to be given under this or in connection with this Contract, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by you once it is sent to your email id updated by you from time to time. You can send any notice to Vhumi.com by registered post address as mentioned in Contact Us section and it shall be deemed as received by Vhumi.com only after actual receipt of such notice by Vhumi.com.
For the purpose of this Agreement and attachments thereto and all renewals, " Confidential Information " means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Service of a party, which may be supplied to or may otherwise come into the possession of the other, whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by Vhumi.com or by any of its Associates to be confidential, and not generally available to the public.
You shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Vhumi.com's Associates, if required and upon prior permission in writing from the Disclosing Party. You agree to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each such employee/associate having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by you without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
All information and data submitted by your shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions" clause, release any such data and information to any third party without the prior consent of the Member unless the requirement is from any Competent Authority.
You shall have access to only your own data and information stored in the database at Vhumi.com (subject to prior confirmation of identity) and nothing more. You may edit or amend such data and information from time to time.
All confidential information (including name, e-mail address etc.) voluntarily revealed by you, is done at your sole discretion and risk . If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Vhumi.com and the Company accepts no responsibility or liability whatsoever for such actions.
All copyright and/or know-how and/or any other related intellectual property rights to the Service or Vhumi.com shall become and remain the sole and exclusive property of the Company and the Member shall have no claims to the same. In the event the Member has contributed any content to Vhumi.com 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 Member shall have no right or claim over the same, in any manner whatsoever. In the event that the Member 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 Member.
By becoming a Member of the Site / Vhumi.com, you agree to receive certain specific emails fromVhumi.com. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from Vhumi.com and members of Vhumi.com as long as you are a registered member of Vhumi.com. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating the Services you have agreed to avail under this Agreement. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Vhumi.com service, contains the entire agreement between you and Vhumi.com regarding the use of the Site and/or the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the Vhumi.com. If you notice any abuse or misuse of the Site or anything, which is in violation of this Agreement, you shall forthwith report such violation to Vhumi.com by writing to customer care.
Any false complaint made by a Member shall make such Member liable for termination of his/her membership without any refund of the subscription fee and any Member making/indulging directly or indirectly in making false complaint against any other registered member/potential member then Vhumi.com shall be entitled to recover all loss, costs, expenses, damages etc which may be incurred by Vhumi.com due to action taken on the basis of such false information/complaint.
Acknowledgment and Acceptance of Terms and Conditions
By using our chat option or entering into a chat session, you accept these terms and conditions in full accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, please do not enter into a chat session or use chat option.
Subject to the express provisions of these terms and conditions we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website and all the copyright and other intellectual property rights in our website and the material on our website are reserved.
We reserve the right to share the details of the chat user (including name, contact number etc.) with the prospective sellers. The chat user hereby grants us the irrevocable right to share such information with third parties without any liability whatsoever.
We do not warrant or represent the completeness or accuracy of the information shared and that the material/information on the chat-room is up to date.
We may revise these terms and conditions from time to time. The chat user is required to periodically check the T&C on the website before starting the chat session.
Vhumi.com may keep transcripts of your live chat for quality assurance purposes. Your live chat conversation information may be appended to your customer account.
Vhumi.com Advisor is an automated chat facility which works on Artificial Intelligence. All efforts have been taken to ensure the accuracy of responses. However, the Information provided herewith shall not be treated as any assurance of its accuracy. It should also NOT be treated as a warranty of any kind, and use of the Information is at your sole risk and does not dispense your responsibility to exercise independent diligence before arriving at any conclusion. Vhumi.com and its Affiliates, Officers, Employees or Agents shall not be liable and expressly disclaim liability for any error or omission in the contents of the Information, or for any actions taken by you or any third party, in reliance thereon.
The copyright for any material created by us is reserved. Any duplication or use of objects such as images, diagrams, sounds or texts in other electronic or printed publications is not permitted without our consent. All logos are the property of Vhumi.com and cannot be used or copied without our express permission. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).
This is a Contract/Agreement between you ("Developer or Agent") and Vhumi.com Ltd., having its registered office at Rowshan Tower, 152/2/2A Panthapath, Dhaka-1205, (hereinafter referred as "Company" /Vhumi.com/ "we" in this agreement.
This Contract is effective from the date when you register on Vhumi.com until terminated expressly by either party giving a written notice.
Vhumi.com provides marketing and lead generation services and other connected services without any specific warranty of any specific result/outcome.
Vhumi.com may modify this Agreement from time to time at its own discretion. The modification in any Contract term shall be communicated to you through a mail to the email address provided & updated by you from time to time. The modification shall be effective from the time it is communicated on your registered email address. It is your responsibility to check the provisions of this Contract regularly. Your use of Vhumi.com site implies your acceptance of any change in this Contract as effected from time to time by Vhumi.com.
THIS CONTRACT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES.
Please read and understand the terms of disclaimer as per clause (14) of this Contract.
You can become a registered developer/agent on Vhumi.com by successfully registering on the website www.vhumi.com. For using this site you must be eligible to enter into, execute and abide the terms of this contract as per the applicable laws of Bangladesh. Your registration on Vhumi.com will mean that that you will abide by all of the terms of this Agreement.
You will inform Vhumi.com of your subsequent disability to enter into any contract. In the event of such subsequent disability, Vhumi.com will be entitled to restrict/change/terminate this agreement at its own discretion with or without any notice to you. Access rights to the Vhumi.com services may also be withdrawn.
You agree with a sound mind, without undue force, pressure or coercion on you - that your registration as a Developer/agent on Vhumi.com is your complete unqualified acceptance, relating to various terms detailed in this Agreement. You further undertake that in case of any dispute relating to this Contract the exclusive jurisdiction to file law suits against you shall be in the courts at Dhaka only.
Listings / Developer/agent Data
You agree to deliver to Vhumi.com, via an interface determined by Vhumi.com and in a format and language specified by Vhumi.com, all data and photographs within your database (the "Listings"). You further confirm that you have full authority to publish the Listings on Vhumi.com.
You hereby grant the Company and its affiliates a worldwide, royalty free, non-exclusive, irrevocable license to use, display and archive your Listings on any and all websites owned or operated or controlled - in whole or in part -by Vhumi.com or its subsidiaries (collectively known as "Platform") including without Vhumi.com
Upon registration as a Developer/agent on Vhumi.com you will get free listing services which shall include the following:
Vhumi.com shall/may charge you service charges as per Annexure "Transaction Fees" for rendering the above mentioned services (hereinafter referred to as "Service Charges"). Service Charges shall/may be charged only on the successful completion of the transaction with the customers referred to the Developer/agent through Vhumi.com. Service Charges shall be subject to change from time to time as per the discretion of Vhumi.com
One time Registration on Vhumi.com Platform will be without any service charges, regardless of any number of properties uploaded. Vhumi.com does not restrict the Member from uploading properties as long as properties conform to the quality standards as prescribed by the Vhumi.com.
Upon successful completion of the transaction, the Developer/agent will inform Vhumi.com within 7 days of the closure of the transaction. In case Vhumi.com come to know about successful closure of any such transaction along with documentary evidence, Vhumi.com will notify the Developer/agent and Developer/agent is obliged to respond to such notification within 7 days from the date of receipt. In case of no response from Developer/agent within a period of 7 days, the transaction shall be assumed to be confirmed and Service Charges shall be due to be payable by the Developer/agent on that transaction.
In case of a dispute on the claim, the Developer/agent may refer it to "Query Resolution Mechanism" setup specifically for handling Seller queries.. The transaction shall be assumed confirmed if there is no communication received from the Developer/agent either to accept or decline the transaction within 30 days of sending the initial notification by Vhumi.com.
Vhumi.com will submit an Invoice of Service Charges for every confirmed transaction which shall be honored and settled by the Developer/agent within 30 days from the date of Invoice. Delayed payments shall be liable for penal interest at 18% per annum.
The Fixed Transaction fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments or any other payment mode integrated on the Platform. All payments will be subject to applicable taxes and duties as may be levied by the relevant authorities.
Vhumi.com reserves the right to change the Fixed Transaction Fees charged to the agent at its sole discretion. In the event of such a change, the same will be informed to the Developer/agents 30 days in advance.
On completion of the registration process and by accepting the terms of this Agreement, Developer/agent hereby undertakes:
Vhumi.com may decide to assign a score called Seller Score to Developer/agent based on quality of listings and their conduct/interaction with customers. You also agree to grant a license to Vhumi.com to display the seller score to users on any of its platforms.
On completion of the registration process and by accepting the terms of this Agreement, Developer/agent hereby acknowledges:
Suspension Of Service
If any amount payable by the Developer/agent to Vhumi.com is not paid on or before the due date, Vhumi.com may without prejudice to any other rights or remedies that may be available to it suspend the Service /Services provided to the Developer/agent.
When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by Vhumi.com.
Upon subsequent payment by the Developer/agent of such monies as is due to be payable to Vhumi.com, Vhumi.com may at its discretion and subject to such terms as it deems proper, restore the Service(s).
Vhumi.com also reserves the right to suspend the service if the Developer/agent does not satisfy the quality and conduct guidelines referred in T&C or if the seller score is below a certain threshold limit determined by the company from time to time.
Term & Termination
This Agreement will remain in full force and effect after you have completed the registration as a Developer/agent on Vhumi.com. Vhumi.com reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your registration at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the registration is cancelled or suspended, any data/content you may have stored/submitted to Vhumi.com may not be retrieved later. You understand that Vhumi.com may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of Vhumi.com.
You may decide to terminate this Agreement by disabling your login on the Platform. In the event of such a termination you shall remain liable to pay for the Service Charges already accrued or as may be accrued in future due to closure of transaction with the customers referred by Vhumi.com
In case of content/data/information submitted by you to Vhumi.com, for availing the Services provided by Vhumi.com, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Vhumi.com reserves its rights to take appropriate legal actions including cancellation of any or all your registrations with or without any notice to you in this regard.
Vhumi.com reserves the right to screen messages that you may send to others through Vhumi.com site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent.
In order to protect Vhumi.com and/or its users from any abuse / misuse, Vhumi.com reserves the right to restrict the use of Vhumi.com by you for such period which Vhumi.com deems appropriate in its sole discretion.
You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with Vhumi.com and/or its users unless specifically permitted by Vhumi.com
You hereby confirm that the Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized and including termination of your rights to use the service and any other remedies available to Vhumi.com by law;
Vhumi.com may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Vhumi.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vhumi.com has rights to suspend or terminate your account and refuse any and all current or future use of the Vhumi.com site and its services (or any portion thereof). Vhumi.com owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Vhumi.com Site and the Vhumi.com Service;
The Site contains the copyrighted material, trademarks, and other proprietary information of Vhumi.com, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Vhumi.com, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;
All lawful, legal and non-objectionable messages (in the sole discretion of Vhumi.com), content and/or other information, content or material that you post on the forum boards shall become the property of Vhumi.com. Vhumi.com reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;
As a user of the platform you further agree to be abide by:
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
Each Party's relationship to the other Party is that of an independent contractor. The Parties are not partners or joint ventures with one another and do not intend to form a partnership or joint venture.
The Parties agree that all matters related to this Agreement shall be governed by the Laws of Bangladesh each Party irrevocably consents to the exclusive jurisdiction of Dhaka court with respect to any action brought in connection with this Agreement.