Room Marker

Room Marker


Terms of Service

  1. General

    In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

    This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of:

    1. The mobile/computer/tablet application Room Marker (hereinafter referred to as "Application"or "App"), owned by  Tapas Mondal, having its place of business at Bangalore, India.
    2. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on the Application by installing the Application. The Application also providing its services without registration/acceptance does not absolve You of this contractual relationship. The term "We", "Us", "Our" shall mean Room Marker or Company.
    3. By using the App, You accept and agree to be bound by the Terms and Conditions of Use ("Terms"), and the Privacy Policy (together, the "Agreements"). Your continued use of the Application is conditioned upon your compliance with the Agreements. Your use of Our Application is evidence that You have read and agreed to these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Application by You is governed by this policy and any policy so mentioned by terms of reference.
    4. Using the Application shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the company. If you do not agree with any of these terms, please discontinue using the Application.
  2. USE OF APPLICATION

    1. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this Application, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
    2. By impliedly or expressly accepting these Terms of Service, You also accept and agree to be bound by our other Policies, inter alia Privacy Policy, which would be amended from time to time.
    3. You may not use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise (i) Company's services; (ii) any other party's use and enjoyment of company's services;
    4. You hereby certify that you are at least 18 years of age.
    5. You agree to ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
    6. You shall not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering, identity theft, coercion, deceit etc.
  3. UPDATES

    1. From time to time, we may automatically check the version of the Application installed on the Authorized Device and, if applicable, provide updates for the Application ("Updates"). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, You authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the Application and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).
    2. We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the Application following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to use the Application.
    3. We reserve the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.

      User, upon download and installation of the Application, hereby grants the following permissions to the Application to perform certain actions on the Authorised Device:

      1. You hereby grant the Application the permission to open network sockets;
      2. You hereby grant the Application the permission to read from, write on, modify and delete data on the external storage;
      3. You hereby authorize the Application to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;
      4. You hereby permit the Application to determine approximate location from sources like cell towers, Wi-Fi and the likes;
      5. You hereby permit the Application to determine your exact location from sources like GPS and the likes;
      6. You hereby authorize the Application to access Your Google account;
      7. You hereby permit the Application to detect the starting of the phone for the purpose of sending push notifications;
      8. You hereby permit the Application to access the 'Vibrate' option on the phone;
      9. You hereby permit the Application to keep the screen turned on;
      10. You hereby authorize the Application to access Shared Preferences and SQLite for data storage and data access in Android Devices;
      11. You hereby authorize the Application to access the device camera for the purposes of clicking / capturing images of your apartment / residence.
      12. You hereby authorize the Application to determine the approximate and exact location of your residence / apartment from sources like cell towers, Wi-Fi, GPS, and the location.
      For the avoidance of doubt, this Agreement is solely between us and You.
  4. MEMBERSHIP/REGISTRATION

    1. Users have to register for the use of this Application. The use of this Application is not limited to those above the age of 18 only and are applicable to all barring those 'Incompetent to Contract' which inter alia include insolvents under the Indian Contract Act, 1872. If You are a minor and wish to use the Application, You may do so through Your legal guardian and we reserve the right to terminate your Application on knowledge of You being a minor and using the Application.
  5. Charges

    1. The downloading and installing of this Application is free of cost. But certain services including but not limited to placing an advertisement for the sale of any real estate property by the user within the Application may be subject to a charge upon it. However, we reserve the right to amend this no-fee policy and charge for the downloading and installation. In a case that such happens, Users will be intimated of the same, and it will be up to You to decide whether or not You will continue with services offered by Us. Such changes are effective as soon as they are intimated to You.
  6. TAXES AND GOVERNMENT FEES

    1. You take full responsibility for any and all taxes and fees of any nature associated or related to the purchase or sale / lease / leave and licensing of Flats, apartments, or residences. Room Marker shall not be liable for any taxes or other fees to be paid in accordance with or related to the transactions made through this application. When purchasing or selling, it is your responsibility to determine whether or not taxes apply to a transaction and to collect report and remit the correct amounts to the appropriate authority. Room Marker is merely a hosting service that allows you to post, disseminate and acquire information relating to real estate available for sale, or rental purposes.
  7. PROPRIETARY RIGHTS

    1. You hereby acknowledge that Room Marker owns all rights, titles and interest in and to the Application ("Information"). The Application and Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
    2. The content of this Application are for informational purpose only. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"). This Content is protected by applicable intellectual property rights and is the property of Room Marker, the owners, and other entities that provide such content to Room Marker. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Application hereunder, save for the purposes of assessing the information available through the application and deciding upon a particular real estate property to rent / sell / purchase / provide on, or take on lease. We make no representations or warranties regarding the accuracy or completeness of the Content.
  8. USER OBLIGATIONS

    You are a restricted user of this Application.
    1. You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell the software obtained from the Application.
    2. You agree not to access (or attempt to access) the Application and/or the materials or Services by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application, or in any way reproduce or circumvent the navigational structure or presentation of the Application, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application.
    3. You acknowledge and agree that by accessing or using the Application or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such content on the Application. Further, You may report such content.
    4. You undertake not to:
      1. Engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);
      2. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Application or another's mobile phone;
      3. Probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user, to the Application, or exploit the Application.
      4. Disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Applications or any affiliated or linked applications;
      5. Use the Application or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Application or other third parties;
      6. Violate any applicable laws or regulations for the time being in force within or outside India;
      7. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
      8. Disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
      9. Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  9. TRANSACTIONS USING OUR SERVICES

    1. Some of our Services and Materials may offer you the opportunity to sell or purchase Apartments or Flats. We are merely providing the platform for buyers and sellers to negotiate and complete transactions. When a buyer purchases, payments will be processed through our third party payment service provider. Buyers will be provided a notice when entering their payment information directing them to the third party payment service provider's terms of service and privacy policy. These payment services are governed solely by the third party provider's terms of service and privacy policy. We are not responsible for the actions of these third party service providers.
    2. You may not offer to make or carry out any illegal transaction, including impaired title, fraud, damaged property. Sale using the Services must comply with all applicable laws, in the country. You may not offer or sell anything that infringe or have the potential to infringe the intellectual property rights or proprietary rights of another.
  10. GEOGRAPHICAL EXTENT

    1. The Application can be used in the United States of America, United Kingdom, Australia, Switzerland, Sri Lanka, Bangladesh, India. We make no representation that materials or Content available through our Application is appropriate or available for use outside any of these countries.
    2. Access to them from territories where their contents are illegal is prohibited.
  11. REVISION

    We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all our users at any time and in our sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice.

  12. INDEMNIFICATION

    You agree to indemnify, hold harmless, and defend Room Marker and its officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to

    1. your use (or anyone using your account's) use of the application;
    2. your Content.

  13. DISPUTES

    The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the state of Bangalore, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the Bangalore, India. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Bangalore, India and you hereby submit to the personal jurisdiction of such courts.

  14. PRIVACY

    We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions. Please also note that certain information, statements, data and content (such as photographs) which you post to the Site are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge and agree that your submission of such information is voluntary on your part. Further, you acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion Disclosures of user information to third parties are further addressed in the Privacy Policy.

  15. WAIVER

    The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

  16. GENERAL TERMS

    1. If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
    2. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. The section headings in this Agreement are for convenience only and have no legal or contractual effect.