Terms & Conditions

Please read this document carefully. By accessing or using booktheplot, you agree to be bound by the terms and conditions set forth below. If you do not agree with any of these terms and conditions, you should not access or use booktheplot. If you have any questions about these terms, please contact info@booktheplot.com

Introduction

This website booktheplot.com , including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces etc, , (hereinafter collectively referred to as "booktheplot") is owned, hosted and operated by M/s. Devgeet Digitech LLP (hereinafter referred to as DDLLP), a company incorporated in India under the Companies Act, 1956 and having its registered office at - F No TF 401, Krishna plaza App, 218, Lakadganj, Nagpur - 440008, Maharashtra, India.These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between booktheplot and the User (the “Agreement”).

booktheplot and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

DDLLP may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on booktheplot. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of booktheplot, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. DDLLP may also suspend the operation of booktheplot for support or technical up gradation, maintenance work, in order to update the content or for any other reason.

If you utilize booktheplot in a manner inconsistent with these terms and conditions, DDLLP may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Contents

Definitions

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of booktheplot (whether on a paid or free basis), and to whom the access to booktheplot is restricted by the use of a sign in user name and a password. The user name and password are either allotted by booktheplot or chosen by the Subscriber or agreed upon by booktheplot. It is made abundantly clear that only the authorized User has the right to access the Services so offered by booktheplot.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by booktheplot, without the need or a requirement to create an account i.e. visits non-restricted portions of booktheplot.

The use and access to booktheplot shall be subject to these terms and conditions and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of booktheplot, and expressly so with respect to respecting the intellectual property rights of the DDLLP, and abiding by terms and conditions below mentioned.

The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s).

The terms 'Service' or 'Services' would mean to include the interactive online information service offered by booktheplot on the internet through which the user may access information carried by booktheplot in the database maintained by it. The terms would also include to mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to booktheplot acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.

The term RERA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (https://maharera.maharashtra.gov.in) as amended read with any rules or regulations that might be framed thereunder.

Submission and administration of listings/advertisements

User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to booktheplot unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on booktheplot. Similarly, booktheplot does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by booktheplot & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. Some listings may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by booktheplot or the providers of the video content as to its accuracy or completeness. In case a User is covered under the RERDA, it shall obtain all requisite approvals, licenses and permits issued by the competent authorities with respect to the Project/Land/Apartment/Plot in the listing, by following the due process of law. Further, the User shall, at all times, remain in compliance with all applicable Laws in relation to the Project/Land/Apartment/Plot in the listing. The User shall disclose all material information as required by LMA and in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User shall disclose all material factual information as regarding the property being advertised, its correct dimensions as also in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, DDLLP may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. DDLLP may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, DDLLP may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. DDLLP will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the booktheplot website. DDLLP shall have the sole authority to choose the manner in which any Property will be searchable, displayed, accessed, downloaded, copied, and otherwise used on booktheplot and DDLLP shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees

(a) To represent and warrant that all Properties and associated information provided by the User will be accurate; (b) That the User will not permit the posting of a property on booktheplot under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;

DDLLP shall place the information relating to properties at defined sections of booktheplot or such other mirror or parallel site(s). DDLLP reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's website or on booktheplot without notice. DDLLP accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While DDLLP shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to booktheplot.

Users, who are buying/renting property/properties through booktheplot, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on property/properties on booktheplot merely indicates the verification of the existence of the property in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the property/properties.

Payment Terms

Refund in failed transactions

Though DDLLP payment reconciliation team works on a 24 x 7 basis, DDLLP offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of booktheplot.

If you utilize booktheplot in a manner inconsistent with these terms and conditions, DDLLP may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Video Community Guidelines

User agrees to comply with the following community guidelines while submitting video content for listings/advertisements:

• Video should be original, free from any copyright issue

• Video should not contain any personally identifiable information of the User/Agency

• Video content should not be obscene/inappropriate

• Video should not contain language which is detrimental to any community/segment

Video Content Screening

Videos shared by user shall go through multiple stages of screening (human and technology driven) before going live on the platform. In case of violations with the community guidelines, the video content shall be duly removed from the listing.

Additionally, the video screening process shall also be carried out in the following cases:

• User reporting the video to toll free/email IDs

• Infringement claim by agent/user

The video shall be removed from the platform in case the claim is found to be correct. Final discretion on video screening and removal shall always lie with Platform.

Agents shall have the option to edit or remove videos during the course of the listing duration.

booktheplot shall utilize 3rd party services such as You-tube for hosting and streaming these videos. While doing so, the site and the users on the site shall be compliant with respect to You-tube Terms of Service https://www.youtube.com/t/terms and Youtube API Services - Developer Policies.

Use of Information

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to booktheplot. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of booktheplot. booktheplot does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.

User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

Intellectual property rights

All logos, brands, trademarks and Service marks ("Marks") appearing in booktheplot are the properties either owned or used under license by DDLLP and / or its associates. All rights accruing from the same, statutory or otherwise wholly vest with DDLLP / its associates. The access to booktheplot does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

DDLLP respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. DDLLP shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using booktheplot as a platform to infringe the Intellectual Property Rights of others, DDLLP will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access booktheplot, DDLLP grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

Restrictions/Prohibitions

1. The following actions will inter alia constitute a misuse of booktheplot and are strictly prohibited:

a. Utilizing the Services offered by booktheplot in any manner so as to impair the interests and functioning of DDLLP/booktheplot and which is non-compliant with laws and regulations including RERDA.

b. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivate works from or otherwise exploiting any content, data, information, including profiles, personal details, photographs and/or graphics, available on booktheplot and/or any services or products of the DDLLP, in any manner or for any purpose which is not, consistent with in accordance with the Terms of Use.

Users are expressly prohibited from using or exploiting booktheplot and/or any content or data provided therein for:

c. (Using or attempting to use any automated program, software or system or any similar or equivalent process (including spiders, robots, crawlers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract in any manner, any data or content including but not limited to adding or downloading profiles, contact details, or send or redirect messages from booktheplot;

d. Gaining or attempting to gain unauthorized access (inter alia by hacking, password “mining” or any other means) to: (a) any portion or feature of booktheplot or any of the services or products offered on or through booktheplot which are not intended for you; (b) any server, website, program or computer systems of the DDLLP or any other third parties and/or Users;

e. Modifying the services provided through booktheplot or their appearance using any technology or overlay any additional offering on top of such services or simulate booktheplot’s services or its functions in any manner whatsoever without explicit consent obtained in writing by approach us at Product@booktheplot.com

f. Accessing booktheplot through interfaces other than those expressly provided by DDLLP;

g. Attempting to breach or breaching any security or authentication measures set up by the DDLLP in relation to booktheplot and/or attempting to probe, scan or test the vulnerability of the DDLLP’s system or network;

h. Scraping, downloading (including bulk- downloading), replicating or otherwise extracting any information or data from booktheplot (by any process, whether automatic or manual) to offer any products or services which are similar to or may in any manner compete with the products or services of the DDLLP;

i. Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to do any of the aforesaid or deriving the source code for the Site or Application or any related technology or any part thereof;

j. Circumventing or attempting to circumvent any technological protections used or employed by the DDLLP or by any third party in order to protect the content on booktheplot and/or to exclude robots, spiders etc. from crawling and /or scraping content from booktheplot.

k. Bypassing or circumventing or trying to circumvent any service limits including but not limited to Search limits, Captcha limits and occurrences on different triggers

l. Interfering with or disrupting or attempting to interfere with or disrupt (including by using any device, software or routine), the use of booktheplot or any computer networks connected to booktheplot, by any other User;

m. Developing, using or attempting to use any automated program, scripts, robots, third party software or system or any similar or equivalent process (including spiders, robots, crawlers, browser plug- ins/extensions/add-ons, iframes on third party sites, mirroring, HTML parsers etc.) to access, navigate, search, copy, monitor, download, scrape, crawl or otherwise extract or modify in any manner, any data or content from booktheplot without explicit consent obtained in writing by approach us at info@booktheplot.com

n. Impersonating any other person or entity, or making any misrepresentation as to your employment by or affiliation with any person or entity;

o. Forging headers or in any manner manipulating identifiers in order to disguise the origin of any user information;

p. Stalking, threatening, or in any manner harassing any other User;

q. Imposing an unreasonable or disproportionately large load on booktheplot’ infrastructure;

r. Engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of booktheplot (or any part thereof) and providing deep links into booktheplot (or any part thereof) without prior permission of DDLLP;

s. Spamming booktheplot/DDLLP or any other Users including by uploading, posting, emailing, SMS, transmitting or otherwise making available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.

t. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that:

You hereby expressly agree not to:

1. Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on booktheplot to any other system. No reproduction of any part of booktheplot may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or booktheplot, whether in hard copy or electronic format, including postings to any other booktheplot; or

2. Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from booktheplot or link to booktheplot, without our express written consent.

Violations of system or network security may result in civil or criminal liability.

Links to third party web sites

booktheplot may provide links to other third-party World Wide Web sites or resources. DDLLP makes no representations whatsoever about any other Web site you may access through booktheplot.

Disclaimer and warranties

booktheplot is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.

THE CONTENT OF booktheplot IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

DDLLP and third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents of booktheplot.

Views expressed by the Users are their own; DDLLP does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. DDLLP does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.

DDLLP offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to DDLLP/booktheplot are solely for the purposes of display of the property advertised.

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. DDLLP does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in DDLLP or any of its Affiliates. Further, nothing contained in booktheplot should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and DDLLP makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

booktheplot is controlled and operated from India and DDLLP makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use booktheplot from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

DDLLP offers products, Services, content and various other functionalities through booktheplot and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. DDLLP does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on booktheplot may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that DDLLP intends to announce, launch or provide such products, programs or Services in your country.

Limitation of liability

DDLLP will not be liable for any damages of any kind arising out of or relating to the use or the inability to use booktheplot, 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.

DDLLP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. DDLLP 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.

For the purposes of the Consumer Protection Act, 2019 (CPA), the term Consumer will be limited to paid Customers who have not subscribed to booktheplot for purposes of commercial gain (business purposes) and their intent to utilize the services for individual use only.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of DDLLP (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 DDLLP.

DDLLP will not be liable on account of any inaccuracy of information on this web site. Any breach of privacy or of the information provided by the consumer to DDLLP to be placed on the website by technical or any other means is not the responsibility of DDLLP and DDLLP does not guarantee confidentiality of information provided to it by any person acquiring/using all/any information displayed on booktheplot website or any of its other websites / domains owned and operated by DDLLP.

Termination

DDLLP may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to booktheplot (or any part thereof) for any reason, including, without limitation, that DDLLP based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

Indemnification

Submissions and unauthorized use of any information(s)/materials contained on booktheplot may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

You agree to defend, indemnify, and hold harmless, DDLLP and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of booktheplot material or your breach of these terms and conditions or any applicable law.

DDLLP will not be party to any legal proceedings between parties contracted through these Services. In case DDLLP is sought to implicated in any legal proceedings, costs will be recovered from the party that names DDLLP as a party to such proceedings. DDLLP shall abide with any court order served on it through due process.