Terms of Use
Welcome and thank you for your interest in Estater Private Limited (operated by REMI & Estater International, WLL and its affiliates, collectively “ Estater Group”). Through clicking a registration or new account submission button, or by otherwise using Estater Group's websites, networks, mobile applications, or other services provided by Estater Group (collectively, the “Services”), or accessing any content provided by Estater Group through the Services, you agree to be bound by the following terms of use, as updated from time to time ('Terms of Use'). We are a digital real estate marketing, intelligence and information services platform connecting people with the real estate market in GCC Region. Estater provides you with access to a variety of services, including but not limited to the www.estater.com website (the 'Website') and Estater.com's mobile applications (the “Mobile App”) and all the products and services available through our Website and Mobile App (collectively the 'Services'). The Website and Mobile App is owned and operated by Estater Private Limited, a company incorporated in India under the Companies Act, 1956 and having its registered office at C-406, Kanishka Towers, Sec-34, Faridabad, Haryana.
Estater Group’s Role
Estater Group does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Estater Group assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that consumers take based on the Services or any other information available through or in connection with the Services.
Eligibility, Accounts and Registration
You must be at least 18 years of age to use the Service. By accepting these Terms of Use, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been deferred or removed from the Services; and (c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some features of the Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the privacy of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a commercial contract with Estater Group permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf, and not on behalf of any other person.
Use of the Services; Restrictions.
Use of the Services
As long as you comply with these Terms of Use, Estater Group grants you a non-exclusive, limited, revocable, personal, non-transferable license to use the Services, and to download and use any App on your mobile device in object code form, for your personal use. If you are a real estate or mortgage professional acting in your professional capacity, you may additionally use the Services to provide information, to the extent permitted by applicable law, to your clients and to take actions on behalf of your clients (“Pro Use”). If you use the Services for a Pro Use, you represent and warrant that you have obtained all required authorizations and consents from your client. Except as expressly stated herein, these Terms of Use do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party web sites or otherwise. The Services may includesoftware for use in connection with the Services. The Services may not be used for transactions in commercial real estate, which includes, without limitation, commercially zoned properties and vacation rentals.
Mobile Applications
To use any mobile application feature of the Services, you must have a compatible mobile device. Estater Group does not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. Estater Group may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. Your consent to all automatic upgrades, and understand that these Terms of Use will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms of Use do not apply to your use of software obtained from a third-party source under an open source license.
Use of Content
Subject to the restrictions set forth in these Terms of Use, you may copy information from the Services only as necessary for your personal use or Pro Use to view, save, print, fax and/or e-mail such information. Notwithstanding the foregoing, the aggregate level data provided on the Estater resources (the 'Aggregate Data') and may be used for non-personal uses, e.g., real estate market analysis. You may display and distribute derivative works of the Aggregate Data (e.g., within a graph), so long as Estater Group is cited as a source on every page where the Aggregate Data is displayed, including 'Data Provided by Estater Group' or similar language. Such cite may not include a Estater Group logo without Estater Group’s prior written approval or imply any relationship between you and Estater Group beyond Estater being a source of the Aggregate Data.
Prohibited Use
- BY USING THE SERVICES, YOU AGREE NOT TO:
Use information provided by Estater Group through the Services in making any loan-related decisions;
Reproduce, modify, distribute, display or otherwise provide access to, create derivative works from, decompile, disassemble, or reverse engineer any portion of the Services, except as explicitly permitted under these Terms of Use;
Provide/post/authorize a link to any of the Services (including but not limited to an agent profile page) from a third-party website that is not a real estate-related website owned or operated by a real estate or lending professional or institution;
Remove or modify any copyright or other intellectual property notices that appear in the Services;
Use the Services for resale, service bureau, time-sharing or other similar purposes;
Use the Services in any way that is unlawful, or harms Estater Group, its service providers, suppliers, or any other user;
Distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services;
Impersonate another person or misrepresent your affiliation with another person or entity;
Reproduce, publicly display, or otherwise make accessible on or through any other Web site, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services, except as explicitly permitted by Estater Group for aparticular portion of the Services;
Upload invalid data, viruses, worms, or other software agents to the Services;
Interfere with, or compromise the system integrity or security of the Services, or otherwise bypass any measures Estater Group may use to prevent or restrict access to the Services;
Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, bypassing “captcha” or similar precautions, and any other automated activity with the purpose of obtaining information from the Services) on the Services;
Use any of Estater Group's trademarks as part of your screen name or email address on the Services; or
Attempt to, or permit or encourage any third party to, do any of the above.
- BY USING THE SERVICES, YOU AGREE NOT TO:
Fees
General
You may be required to pay fees to access certain features of the Services. All fees are in Indian Rupees, Kuwaiti Dinar or Bahrain Dinar and are non-refundable. If Estater Group changes the fees for all or part of the Services, including by adding fees or charges, Estater Group will provide you advance notice of those changes. If you do not accept the changes, Estater Group may discontinue providing the applicable part of the Services to you. Estater Group’s authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize Estater Group to charge all fees as described in these Terms of Use for the Services you select to that payment method. If you pay any fees with a credit card, Estater Group may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Subscriptions
The Services may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize Estater Group to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The subscription will continue unless and until you cancel your subscription, or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). Estater Group may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service by contacting us at info@estater.com or through your settings page for the paid feature.
User Materials
UGC Definition; License Grant
Certain percentages of the Services may allow users to upload or otherwise provide to Estater Group images, photos, video, data, text, listings, and other content (“User Materials”). By uploading or otherwise providing User Materials to the Services, you grant Estater Group an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your User Materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Estater Group will not pay you for your User Materials or to exercise any rights related to your User Materials set forth in the preceding sentence. Estater Group may remove or modify your User Materials at any time. You are solely responsible for all User Materials made through your user account(s) on the Services or that you otherwise make available through the Services. For all User Materials, you represent and warrant that you are the creator and owner of the User Materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Estater Group and other users to access and use your User Materials as necessary to exercise the licenses granted by you under these Terms of Use. Estater Group will not use client contact information that is uploaded by agents into the Estater Broker portal for any purpose.
UGC Disclaimer
Estater Group is under no obligation to edit or control your User Materials or the User Materials of any other User and will not be in any way responsible or liable for any User Materials. Estater Group may, however, at any time and without prior notice, screen, remove, edit, or block any User Materials on the Services, including User Materials, that in Estater Group’s sole judgment violate these Terms of Use or are otherwise objectionable. You understand that when using the Services, you may be exposed to User Materials of other users and acknowledge that User Materials may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you may have against Estater Group with respect to User Materials. Estater Group expressly disclaims any and all liability in connection with User Materials. If notified by a user or content owner that User Materials allegedly do not conform with these Terms of Use, Estater Group may investigate the allegation and determine in Estater Group’s sole discretion whether to remove the User Materials, which Estater Group reserves the right to do at any time and without notice.
3rd Party/Linked Services/Sent information.
General
The Services may include links to third-party products, services and Web sites, as well as materials provided by third parties, and may include functionality that allows for the distribution of your User Materials or your personal information (collectively, your “User Information”) to third parties not under Estater Group’s control (each, a “Third-Party Provider”). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any third-party, and your dealings or business conducted with any third party arising in connection with the Services are solely between you and such third party. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies or other contracts, which you are solely responsible for complying with. Estater Group does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Estater Group may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Estater Group. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Estater Group is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.
Certain Third-Party Services.
- Financial Products
If you choose to contact a bank, lender, financial institution, originator, loan broker, or other mortgage professional through the Services by filling out a contact, other request form or otherwise indicating your interest in contacting (or being contacted by) a Third-Party Provider (including requests for rate quotes) on the Services, you authorize Estater Group (and, in the event that the Third-Party Provider is a bank, lender, financial institution, originator, loan broker or other mortgage professional, each a 'Lender', you authorize Estater Group Mortgages, Inc. in particular) to provide the information you submit to the Third-Party Provider. If you include your name, contact information and other information in a request, your identity will no longer be anonymous to the Third-Party Provider. Your submission of information and any request for quotes through the Services is not an application for credit. Estater Group is only providing an administrative service to consumers and participating Lenders. Decisions regarding Lenders contacting consumers are made by participating Lenders and not Estater Group. These non-binding quotes are not intended to be official Loan Estimates as defined in the Real Estate Settlement Procedures Act. By using these features, the disclosures and consent required under certain state laws are deemed to be provided, received, and agreed to. Interest rates displayed through the Services are for information purposes only and reflect non-binding customized quotes of the terms a Lender might offer a borrower fitting a consumer’s anonymous profile. Actual interest rates may vary. Loan approval standards are established and maintained solely by individual Lenders. Consumers should rely on their own judgment in deciding which available loan product, terms, and Third-Party Provider best suit their needs and financial means. Estater Group: (a) is not a Lender, loan originator, loan processor or underwriter; (b) does not aid or assist borrowers in obtaining loans, solicit borrowers or Lenders for loans, offer or negotiate terms of loans; (c) does not take mortgage applications, make loans or credit decisions or pre-approve borrowers for loans; (d) is not an agent of either any consumer or any Lender; (e) does not endorse, refer or recommend any Third-Party Provider that pays Estater Group or the products of any Third-Party Provider that pays Estater; (f) is not responsible for any errors or delays caused by consumers or any Third-Party Provider in the loan process; and (g) does not guarantee offer of, or acceptance into, any particular loan program or specific loan terms, conditions, or rates with any Third-Party Provider, or that any rates or terms will be the best available.
- Rental Products
Estater Group does not process or store background or credit check information, and does not control how a landlord uses background or credit check information in evaluating its applications. Estater Group does not guarantee any acceptance by a landlord of an application, but does require all landlords using the Services to comply with the RERA laws and other applicable laws.
- Financial Products
Additional Terms for Third Party Services
Certain aspects of the Services include third-party tools that are subject to additional third-party terms, including, but not limited to, the following:
- Windows Live Virtual Earth.
Windows Live Virtual Earth imagery is supplied by Microsoft Corporation, and use is subject to the Microsoft MapPoint Terms of Use available at http://www.microsoft.com/maps/assets/docs/terms.aspx.
- Google Maps.
Some of the Services implement the Google Maps web mapping service. Your use of Google Maps is subject to Google's terms of use, available at http://www.google.com/intl/en_us/help/terms_maps.htmland Google’s Privacy Policy, available at https://www.google.com/intl/ALL/policies/privacy/index.html.
- Windows Live Virtual Earth.
Intellectual Property
The Services are owned and operated by Estater Group. The user interfaces, design, information, data, code, products, software, graphics, and all other elements of the Services (“Estater Group Materials”) provided by Estater Group are protected by intellectual property and other laws and are the property of Estater Group or Estater Group’s third-party licensors. Except as expressly allowed by these Terms of Use, you may not make use of the Estater Group Materials, and Estater Group reserves all rights to the Estater Group Materials and Services not granted expressly in these Terms of Use.The names of actual companies, products and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved. Estater Group does not assert copyright or grant any rights to the underlying images or descriptions of real estate listings provided through the Services. Any use of these images and descriptions is subject to the copyright proprietor's permission and the necessities of applicable law.
Feedback
If you choose to provide input and suggestions regarding the Services, including related to any Estater Group Materials (“Feedback”), then you hereby grant Estater Group an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including the improve the Services or create other products and services.
Claims of Copyright Infringement
Estater Group compliments the intellectual property rights of others, and requests that everyone using the Services do the same. Anyone who believes that their work has been copied on the Services in a way that establishes copyright infringement may notify Estater Group by providing the following information:
Documentation of the copyrighted work that you claim has been infringed;
Identification of the material that you claim is infringing and needs to be removed, including a explanation of where it is located on the Services so that the copyright agent can locate it;
Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
A signed declaration that the above information is correct and that you have a good faith belief that the identified use of the material is not official by the copyright owner, its agent, or the law; and, under penalty of untruthfulness, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
Notices of copyright infringement claims to be sent as follows:
By e-mail to info@estater.com
If you give notice of copyright infringement by e-mail, we may begin investigating the supposed copyright infringement; however, we must receive your signed declaration by mail or as an attachment to your e-mail before we are obligatory to take any action.
Dismissal/Changes to Agreement
Excluding as stated in separate contracts, you may dismiss your account at any time by contacting info@estater.com. If you dismiss your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Services. If you violate any provision of these Terms of Use, your permission from Estater Group to use the Services will dismiss automatically. In addition, Estater Group may in its sole discretion dismiss your account on the Services or suspend or dismiss your access to the Services at any time for any reason, with or without notice. Estater Group may alter, suspend or discontinue the Services or any portion of the Services without notice. Estater Group will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. Estater Group reserves the right to change these Terms of Use at any time in its sole discretion on a going-forward basis. We will make commercially reasonable efforts to notify you of any material changes to these Terms of Use. Your continued use of the Services after updates are effective will represent your contract to the revised version of these Terms of Use. Your continued use of the Services after the efficiency of such changes will constitute acceptance of and contract to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use. You are accountable for regularly studying these Terms of Use.
Privacy Policy/Other Terms.
Privacy Policy
Estater Group will collect, use, store, and disclose personal information in accordance with its Privacy Policy. Please check the “Privacy Policy” document for more information, which is incorporated into, and made a part of, these Terms of Use.
Other Terms
Your use of the Services is focused to all supplementary guidelines, rules, and contracts applicable to the Services or certain features of the Services that we may post on, or link to, from the Services, such as rules applicable to a particular product or content available through the Services, including, without limitation.
Indemnification
You approve to indemnify, defend and hold harmless Estater Group, its affiliates, and their respective directors, officers, personnel, and agents from any and all claims and demands made by any third party due to or arising out of:
Your access to or use of the services;
Your breach of these terms of use;
Your violation of any law or the rights of a third party;
Any user materials you upload to, or otherwise make available through, the services;
Any user materials you upload to, or otherwise make available through, the services;
Your deliberate misconduct; and
Any other party’s access to and/or use of the services using your account and password.
Estater Group reserves the right, at its own expense, to assume the exclusive resistance and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with Estater Group’s resistance of that claim.
No Warrenties
ESTATER GROUP DELIVERS THE SERVICES 'AS IS,' 'WITH ALL FAULTS' AND 'AS AVAILABLE' AND THE ENTIRE RISK AS TO ACCEPTABLE QUALITY, PERFORMANCE, CORRECTNESS AND EXERTION IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESTATER GROUP AND ITS SUPPLIERS MAKE NO ILLUSTRATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ESTATER GROUP AND ITS ASSOCIATES SPECIFICALLY DISOWN ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION:
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, CORRECTNESS, TITLE, NO BURDENS, NO LIES AND NON-INFRINGEMENT;
WARRANTIES OR CONDITIONS ARISING THROUGH SEQUENCE OF DEALING OR USAGE OF TRADE; AND
WARRANTIES OR CONDITIONS OF CONTINUOUS OR ERROR-FREE ACCESS OR USE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, GAINED BY YOU THROUGH THE SERVICES OR ANY MATERIALS AVAILABLE THROUGH THE SERVICES WILL GENERATE ANY WARRANTY REGARDING ANY ESTATER GROUP ENTITY OR THE SERVICES THOSE ARE NOT MEANINGFULLY STATED IN THESE TERMS OF USE. YOU ASSUME ALL RISK FOR ANY LOSS THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, YOUR DEALING WITH ANY OTHER USER, AND ANY MATERIALS, INCLUDING ALL USER AND ESTATER GROUP MATERIALS, AVAILABLE THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE COLLECTION OF MATERIALS THROUGH THE SERVICES AND ANY ACCOMPANYING SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS TO YOUR PROPERTY (INCLUDING ANY ELECTRONIC DEVICE USED IN CONNECTION WITH THE SERVICES), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF THOSE MATERIALS.
Limitation of Liability/Exclusive Remedy
IN NO EVENT WILL ESTATER GROUP OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SIGNIFICANT, SPECIAL, INCIDENTAL OR PENAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON:
BREACH OF CONTRACT;
BREACH OF WARRANTY;
NEGLIGENCE, OR
ANY OTHER CAUSE OF ACTION, EVEN IF ESTATER GROUP HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESTATER GROUP ASSUMES NOLIABILITY OR RESPONSIBILITY FOR ANY (IE) ERRORS, MISTAKES, OR INEXACTITUDES OF MATERIALS;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY;
ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR
USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
ESTATER GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE ESTATER, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, LOSS OF PROFIT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY INCLUDING FORCE MAJEURE, AND WHETHER OR NOT, SUCH ORGANIZATIONS OR ENTITIES WERE INTIMATED OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESTATER ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO OR ALTERATION OF USER'S DATA/INFORMATION. ESTATER SHALL NOT BE RESPONSIBLE FOR ANY PROBLEM OR TECHNICAL MALFUNCTION ON-LINE-SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF E-MAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEM OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO ANY USER AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS/INFORMATION FROM THE WEBSITE. UNLESS OTHERWISE SPECIFIED AND NOTWITHSTANDING ANYTHING CONTAINED IN ANY OTHER CONTRACT OR ARRANGEMENT, BY WHATEVER NAME CALLED, THE PERFORMANCE OBLIGATION OF ESTATER (SERVICE PROVIDER) IS TO PROVIDE ACCESS OF ITS ON-LINE PORTAL TO THE CUSTOMER FOR THE DURATION OF THE SUBSCRIPTION PERIOD & REFERENCE TO ANY USAGE, BY WHATEVER NAME CALLED OR ANY OTHER PERFORMANCE OBLIGATION, IF ANY, IS TO PROVIDE THE UPPER LIMIT FOR CONSUMPTION, WHICH BY ITSELF, DOES NOT CREATE ANY ADDITIONAL PERFORMANCE OBLIGATION UPON ESTATER.
Consent to Communications
By using the Services, you consent to receiving certain electronic communications from Estater Group as further described in the Privacy Policy. Please read the Privacy Policy to learn more. You agree that any notices, contracts, disclosures, or other communications that Estater Group sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
The Services may provide web forms, links, or contact information, including phone numbers, that can connect you with Estater Group or third parties, such as real estate agents and Lenders. Communications through these methods may berouted through a third-party service ('Communications Service'). Calls may be recorded or monitored for quality assurance and customer service purposes. You will be notified at the beginning of a call if it may be recorded or monitored. You consent to such recording and monitoring by Estater Group or the Communications Service. Estater Group also uses the Communications Service to track phone calls and text messages between you and real estate professionals so that Estater Group and the real estate professional can access certain details about the contact. As part of this process, Estater Group and the Communications Service will receive in real time, and store, data about your call or text message, including the date and time of the call or text message, your phone number, and the content of the text message. You consent to these practices by Estater Group and the Communications Service. The information is subject to the Privacy Policy.
GOVERNING LAW
By accessing Estater Group’ Services you agree that the laws prevailing in India and respective GCC countries shall be the governing laws in all matters relating to Estater Group as well as these terms and conditions.
JURISDICTION
Courts at New Delhi, India and respective Real Estate Regulatory Authorities (“RERA”) in GCC countries alone shall have the exclusive jurisdiction in all matters relating to Estater Group and these terms and conditions, irrespective of the territory and jurisdiction of your access to Estater Group’s Services. Estater Group does not routinely monitor your postings to the web site but reserves the right to do so. However, if Estater Group becomes aware of an inappropriate use of Estater Group websites, apps or any of its Services, Estater Group will respond in any way that, in its sole discretion, Estater Group deems appropriate. You acknowledge that Estater Group will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Estater Group will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet..
Estater Group reserves all other rights..
VIOLATIONS
Please report any violations of these terms and conditions to Estater Group at info@estater.com