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
Use of the Services; Restrictions.
Use of the Services
Use of Content
BY USING THE SERVICES, YOU AGREE NOT TO:
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 firstname.lastname@example.org or through your settings page for the paid feature.
UGC Definition; License Grant
3rd Party/Linked Services/Sent information.
Certain Third-Party Services.
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.
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.
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:
Notices of copyright infringement claims to be sent as follows:
By e-mail to email@example.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
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.
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 violation of any law or the rights of a third party;
Any dispute or issue between you and any third party;
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.
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.
Limitation of Liability/Exclusive Remedy
BREACH OF CONTRACT;
BREACH OF WARRANTY;
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 NO LIABILITY 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 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.
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.
Please report any violations of these terms and conditions to Estater Group at firstname.lastname@example.org