TERMS AND CONDITIONS
This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The website domain, www.talkinglands.com (“Website”), and the [brand/ product/ trademark] TalkingLands is owned and operated by TalkingLands Technologies Private Limited (“We”, “Us”, “Company” or “Our”, which shall mean and include its parent company, affiliates, successors and permitted assigns).
Your (“User”, “You” or “Your”, which shall mean and include, where the context so requires, your legal heirs and representatives) use of the Website is subject to and governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including all policies which are incorporated herein by way of reference. These Terms of Use shall be enforceable against You in the same manner as any other written agreement.
Accessing, browsing, availing the services provided by the website or otherwise using the website indicates your acceptance to all the terms and conditions herein. Please read these terms of use carefully before proceeding. If you do not agree with the same, please do not use this website.
1.About Us
The Company is, inter alia, committed to offering data services pertaining to various categories of real estate properties across India via our website.
2.Definations
2.1 The term User would include any person, whether an individual or a legal entity who is utilizing the Services of TalkingLands, and to whom the access to the website is restricted using a sign in by entering a registered mobile number and a One-Time password sent to the registered mobile number. It is made abundantly clear that only the authorized User has the right to access the Services offered by TalkingLands
2.2 For the purposes of these Terms of Use, Developers, Brokers, Channel Partners, and Individual Land Sellers shall be collectively referred to as 'Partners'
2.3 TalkingLands acts solely as a platform connecting users with Partners, and any transactions or dealings with Partners are the sole responsibility of the Users
2.4The use and access to TalkingLands 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, and expressly so with regard to respecting the intellectual property rights of the TalkingLands, and abiding by terms and conditions below mentione
2.5 The terms 'Service' or 'Services' would mean to include the interactive online information services offered by TalkingLands on the internet through which the user may access information carried by the website 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 Partners 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 TalkingLands acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
3.Acceptance of Terms and General Use
3.1 Through Your usage of this Website, You acknowledge your commitment to adhere to all the stipulations and provisions outlined herein, thereby expressing your consent to be legally bound by these Terms of Use.
3.2 You hereby affirm and guarantee to the Company that you are aged eighteen (18) years or above, possessing the capacity to enter into, execute, and uphold these Terms of Use. Furthermore, you acknowledge your consent to be legally bound by the ensuing terms and conditions. Although individuals below the age of eighteen (18) years can avail themselves of the services offered in the Website, such usage must occur solely under the supervision and guidance of their parents and/or legal guardians, within the framework of the parent/legal guardian's registered account with the Website. Your agreement to enroll prior to engaging in any activity such as accessing, downloading, uploading content, leaving comments, or availing other services through this Website is presumed. In this context, you commit to furnishing accurate details, including but not restricted to your full name, age, email address, residential address, and contact phone number.
3.3 The Company shall have the right at any time to modify or terminate any element, feature or character of the Website, including, but not restricted to, content, services, operational hours, and required access equipment or use. Thus, you are advised to remain updated with these Terms of Use while making use of the available services.
4.Website as a Platform and Services to be provided
4.1 This Website operates as a medium for interaction and correspondence between the Company and Users concerning publicly accessible documents and data regarding real estate structures and properties within India. This information is procured, compiled, and arranged from third-party sources, including government entities, in an unaltered and readily accessible format, provided on an 'as-is' and 'as-available' basis, without any modifications or amendments to the original content. No warranties or representations of any nature are extended in relation to this data.
4.2 This Website extends listing services to Users through the inclusion of various properties located in India, available for perusal by Users intending to buy such properties. The properties featured for listing belongs to either the Company's clients/customers or Partners who maintain an association with the Company. While our clients/customers/partners have authorized the display of their properties on the Website, if a property is listed via a Partner affiliated with the Company, it will be assumed that the Partner has given consent for the presentation of the said properties for sale on the Website. The authorization from our clients/customers/partners remain subject to withdrawal, allowing for the removal of listed properties from availability at any given time.
4.3 Apart from the publicly accessible documents and information sourced by the Company from government authorities, as mandated by the applicable laws in India, along with the particulars of Users and properties listed on the Website by the Company and Partners, all additional data, information, text, software, images, photographs, graphics, brochures, layouts, design, blogs, articles and other forms of content available through this Website (collectively referred to as the 'Content') are subject to intellectual property rights and is safeguarded by copyright and other Indian and international laws and treaties. The Content encompasses exclusive databases (the 'Database') containing real estate-related information, encompassing details like information, text, images, brochures, and other visual content, along with the data contained therein (collectively termed the 'Information'), as well as the unique algorithm, structure, and arrangement employed to classify, organize, and present such Information, along with the associated software ('Software').
4.4 The entirety of the Website, Content, Database, Information, Software, and any respective elements thereof, encompassing potential derivatives, adaptations, successors, updates, or authorized modifications, and any information derived from the utilization of the Database, including outcomes from the verification of any segment of the Information, are collectively referred to as the 'TalkingLands Data' within this context.
4.5 The services that are offered to be provided on this Website shall be either provided by the Company or its affiliates or third-party service providers in association with the Company (“Partners”). If you have engaged TalkingLands for availing services on the Website, You hereby give your consent to TalkingLands to share your interests, buying-preferences, property booking details with its Partners.
4.6 The Company reserves the right to, at its exclusive discretion and without the obligation to provide any explanation whatsoever, deactivate and/or suspend the Services (as applicable) and/or the User's access to the Website at any given moment. This action may transpire without prior notice to facilitate system maintenance, upgrades, testing, repairs, or other associated tasks. Without infringing upon any other clauses detailed within these Terms and Conditions, it is acknowledged that the Company shall not bear responsibility for any loss, damage, costs, or expenses incurred by the User. Moreover, no fees or charges owed by the User to the Company will be subject to deduction, refund, or rebate due to such deactivation or suspension subject to the discretion of the Company.
5.License
5.1 Provided you adhere to the stipulations outlined in the Terms of Use, we extend to all Users a personal, non-exclusive, non-transferable, revocable, and limited license to access the Website and engage with TalkingLands Data.
5.2 You acknowledge and accept that TalkingLands holds the authority to halt, conclude, cease, or restrict your access to TalkingLands Data or specific segments thereof, as deemed necessary, in line with these Terms of Use. TalkingLands retains the right to suspend or terminate your usage of TalkingLands Data if a bona fide determination indicates a violation of the Terms of Use.
6. Permitted Use, Prohibited Use and Confidentiality
6.1 To access TalkingLands Data or avail any kind of services on the Website, Users are required to create an account (“Account”) by registering Mobile Number and an E-mail ID and Sign In the Website by entering the same E-mail ID or the Mobile Number through a One-Time password verification.
6.2 The Company holds no liability for any illicit or unauthorized utilization of Your Account and bears no responsibility to notify you in the event of unauthorized Account usage through Your Sign in Details. Users are solely responsible for safeguarding the confidentiality of their Log in Details as well as for all actions conducted within and through your Account and must refrain from divulging them to any third party or allowing access to their Account. You pledge to promptly inform support@talkinglands.com of any unauthorized use of your Log in Details or any other security breach.
6.3 Engaging in unauthorized actions such as attempting to bypass/defeat/circumvent Log in Details or other security measures, employing the Website or TalkingLands Data for purposes beyond their intended scope, or seeking to obtain, modify, damage, or disrupt information or the system's functionality is strictly prohibited. Such activities may lead to the revocation of access to TalkingLands Data. Instances of such actions may be shared with law enforcement agencies and could result in legal prosecution under the laws of India or any other applicable jurisdictions.
6.4 The Website may be used only for lawful purposes. The Company specifically prohibits any use of the Website for, and You agree not to use the Website for, any of the purposes, including but not limited to, the following and You shall also not do or cause to do any of the following:
- Copying, reproducing, duplicating, creating replicas, modifying, publishing, transmitting, distributing, displaying, performing, participating in the transfer or sale of, create derivative works on, or in any way exploiting, any of the copyrighted TalkingLands Data contained on the Website, in whole or in part, without Our prior written consent, or
- Licensing, sub-licensing, selling, assigning, transferring, distributing, permitting concurrent use of, or granting other rights in any TalkingLands Data provided on the Website to any third party, or
- Download any TalkingLands Data unless You see a ‘download’ or similar link displayed on the Website by reference, or
- Using any robot, spider or any other data mining technology or automatic or manual process to monitor, merge, decompile, disassemble, scrape, translate, decode, reverse engineer, cache, extract data from, copy or distribute the Content on the Website (except as may be a result of standard Internet browser or search engine), or
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company without express written consent. User may not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company, or
- Access or use any portion of the TalkingLands Data if you are a direct or indirect competitor of TalkingLands, nor shall you provide, disclose or transmit any portion of the TalkingLands Data to any direct or indirect competitor of TalkingLands (by way of example, a 'direct or indirect competitor' of TalkingLands includes, but is not limited to, Internet listing services or other real estate information services and employees, brokers, independent contractors and agents of such services) unless You have a specific written consent from TalkingLands to perform such activities, or
- Use or distribute any information from the TalkingLands Data, including information that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product, or
- Use, reproduce, publish or compile any portion of the TalkingLands Data for the purpose of selling or licensing any portion of the TalkingLands Data or making any portion of the TalkingLands Data publicly available.
- Store, copy or export any portion of the TalkingLands Data into any database or other software, except as expressly set forth in the permitted usage above.
6.5 Upload, post, e-mail, make available or otherwise transmit or communicate to the public by telecommunication any information, data, text, software, photographs, images, graphics, or other content to or through the TalkingLands Data, or use any portion of this TalkingLands Data in a manner, that:
- is unlawful, threatening, abusive, harmful, libellous, tortious, defamatory, false, misleading, obscene, vulgar, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, give rise to liability or violate any applicable laws, intentionally or unintentionally, or is otherwise objectionable; or
- infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; or
- constitutes unlawful advertising or fraudulent, unfair or deceptive practices, 'spam,' or any other form of unlawful solicitation in India or any other jurisdiction, with limited exceptions as may be granted by the Company in writing; or
- contains software viruses or any other computer code, files or programs that are designed to or have the capability to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of the TalkingLands Data or servers or networks connected thereto or the activities of other users of the TalkingLands Data or of any computer software or hardware or telecommunications equipment.
- Assuming a false identity of any person or entity or misrepresenting Your affiliation with any person or entity.
- Violating any prevailing laws or regulations, both within and outside India.
6.6 Use any portion of the TalkingLands Data to encourage or engage in illegal activity, stalk or harass another person, or violate these Terms of Use or any applicable spam or privacy laws;
6.7 By breaching the provisions of this Clause 6, You may be liable to be prosecuted under the Information Technology Act, 2000 and any other applicable law. We will report any such breach to the relevant law enforcement authorities and We will co-operate with such authorities by disclosing Your identity to them. In the event of such a breach, Your rights to use this Website will cease immediately.
7.User Agreement
User hereby agrees to the following terms:
7.1 The User commits to utilizing the Website exclusively for lawful purposes, adhering to permitted usage guidelines, and complying with all relevant laws and regulations while engaging in transactions and activities on the Website. This includes obtaining any necessary corporate, statutory, or other requisite approvals, consents, and permissions to transact through the Website.
7.2 All information provided by You registration or at any subsequent point on the Website shall be accurate and genuine to the best of your knowledge. Should updates to your information be necessary, You pledge to promptly inform TalkingLands via support@talkinglands.com . The Company retains the prerogative to verify and validate User-provided information and particulars at any juncture. In the event that User information is discovered to be untrue, either in whole or in part, the Company reserves the sole discretion to reject registration and prohibit the User from utilizing the Website, without any prior notification. In such an occurrence, any obligations of TalkingLands under this Agreement shall become null and void.
7.3 Information submitted by You shall be retained by the Website for a duration determined as necessary by the Website.
7.4 User acknowledges that accessing the Website and engaging in transactions is undertaken at their own risk. Users are advised to exercise careful judgment and prudence before participating in any transactions through the Website.
7.5 You grant consent to be contacted through methods including but not limited to calls, messages, and emails by TalkingLands in connection to your interactions on the Website.
7.6 Services offered on the Website shall be furnished to You at the sole discretion of TalkingLands. TalkingLands reserves the right to decline services to any individual it deems unsuitable. Determining the suitability of an individual lies within the exclusive discretion of TalkingLands, and no explanation can be demanded as an absolute right from TalkingLands.
8.Personal Information
The Company respects the User’s privacy. The privacy policy of the Company provides succinctly the manner the User data is collected and used by the Company on the Website. As a visitor to the Website, a User is advised to read the privacy policy carefully. By accessing the Website, You agree to the collection and use of Your information by the Company in the manner provided in the privacy policy.
9.Changed Terms
The Company retains the prerogative to alter or adjust the Terms of Use governing User's interaction with the Website, or any of its components, and to introduce new provisions, which may encompass the introduction of fees and charges for usage. These modifications, alterations, additions, or removals shall take effect immediately upon notification. Such notification may occur through avenues including, but not restricted to, posting on the Website, electronic or conventional mail, or alternative methods of communication. Any utilization of the Website by the User subsequent to receiving such notification shall be construed as an acceptance by the User of the aforementioned changes, alterations, or additions.
10.Payment Terms
10.1 TalkingLands uses maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments the User is directed to a Payment Gateway. We do not store or keep credit card/ debit card, netbanking, UPI data. Since the transaction happens on the Payment gateway not controlled by TalkingLands, once the transaction has been completed, the details of the payment are not accessible to anyone at TalkingLands after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
10.2 Users acknowledge and agree that transaction details provided may be shared with the respective Partners involved in the transaction. TalkingLands does not access transaction details, and the responsibility for handling transaction-related information rests with the involved Partners.
10.3 TalkingLands shall not be held responsible for any financial transactions, including but not limited to booking amount refunds, between Users and Partners.
10.4 TalkingLands shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
10.5 You are solely responsible for the accuracy and completeness of your payment method. We are not responsible for any loss suffered by you as a result of incorrect payment method provided by you.
11. Refund
11.1 Refund if any will be at the sole discretion of TalkingLands. TalkingLands offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. This is on account of the multiplicity of organizations involved in processing online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions and User acknowledges and agrees that TalkingLands, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to TalkingLands under any other agreement or commercial relationship towards other services provided by Us. TalkingLands gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of TalkingLands.
11.2 The User acknowledges that by participating in property transactions and making booking amounts through TalkingLands, Users implicitly agree to adhere to the refund policies set forth by the respective property Partners / Developers the refund of booking amounts is subject to the policies set forth by the Partners of the respective properties. The User acknowledges and agree to the following:
- The Users acknowledge that TalkingLands is not directly involved in the establishment or enforcement of these refund policies. While the platform serves as a facilitator for property transactions, the specific refund policies are determined by the Partners who are responsible for outlining and defining the terms and conditions that govern the refund of booking amounts in the context of their respective properties.
- Users should carefully review and familiarize themselves with the refund policies provided by the Partners with regard to their respective properties.
- Any concerns or inquiries regarding refunds should be directed to the Partners / Developers and TalkingLands holds no responsibility.
12. Errors and Inaccuracies
12.1 On occasion, you may encounter information on the Website that includes typographical errors and inaccuracies. These discrepancies can arise from the source material for TalkingLands Data, which may itself contain errors, inaccuracies, or be incomplete due to the use of vernacular language. We retain the right to rectify any such errors, inaccuracies, or omissions. Furthermore, we hold the authority to modify or update information, should any information prove to be inaccurate, without prior notice.
12.2 The User acknowledges that the Property Layouts, Maps, Insights, Plans, etc., represented on the TalkingLands Website are derived from the information and data provided by our Partners. It is important to note that TalkingLands relies on Partner-provided data for the presentation of these elements.
12.3 The User acknowledges that while TalkingLands is committed to maintaining the highest standards of accuracy and reliability in the information, the property layouts, maps, insights, or plans displayed on TalkingLands may occasionally contain errors or inaccuracies. Despite our regular reviews and verifications, variances might arise due to factors such as data updates, third-party or Partner sources, or technical limitations. It is encouraged for users to consider the information provided as a helpful reference point, but also advise conducting due diligence and seeking professional advice when making decisions based on the property layouts, maps, insights, or plans available on TalkingLands.
12.4 We are not obligated to consistently revise, modify, or clarify information on the Website, encompassing pricing details, except where mandated by law. Any indicated update or refresh date on associated websites should not be construed as indicative of a comprehensive modification or update to all content on the Website.
12.5 We greatly appreciate your collaboration in identifying inaccuracies within TalkingLands Data. If you come across any such discrepancies, we encourage you to share your observations and suggestions through support@talkinglands.com. Following an internal review process, we will proceed to rectify the identified inaccuracies.
13.Monitoring
All electronic communications and content submitted to Us, including those transmitted via remote access connections, may undergo monitoring, inspection, archival, perusal, transcription, storage, or retransmission during the course of routine operations. Such activities are carried out by duly authorized employees or agents of the Company, as part of their duties, or by law enforcement authorities collaborating with the Company to investigate potential violations or non-compliance with applicable laws. The scrutiny of electronic communications and content may also involve automated processes.
14. Intellectual Property
14.1 Unless otherwise specified, the Website and TalkingLands Data uploaded on the Website by Us, encompassing but not limited to graphics, layout, text, content, instructions, images, audio, videos, and designs (collectively referred to as the 'Materials'), are the property of, controlled by, or licensed to the Company, its parent, subsidiaries, or affiliated entities. Any rights to utilize Materials not explicitly granted to You under this Terms of Use are reserved by Us, as well as by Our Developers, Partners, Subsidiaries, Affiliates, or Licensors.
14.2 The Company exclusively owns the Company marks, service marks, trade names, and any future marks (collectively referred to as 'Trademarks'). You commit to refraining from interfering with Our Trademark rights, including challenging Our usage, registration, or application for registration of the Trademarks globally. Furthermore, You undertake not to misuse, harm, or tarnish the reputation of any of the Trademarks. The benefits derived from using the Trademarks, whether in whole or in part, shall solely accrue to the advantage of the Company.
14.3 All Trademarks, domain names, trade dress encompassing the overall look, appearance and design of the Website, its Materials, interfaces, etc., and the organization and arrangement thereof, are the assets of the Company, unless indicated otherwise. These are safeguarded by Copyright, Trademark, and other relevant Intellectual Property Laws, and may not be employed by You except as authorized by the Company. Alteration of the Website's Materials or their use for purposes beyond personal use constitutes a breach of these copyrights, trademarks, and other intellectual property rights, and is expressly prohibited.
14.4 You are requested to report any violation of rights in, or misuse of, the Trademarks or any other intellectual property rights on the Website, by writing to Us at support@talkinglands.com
15.Links to Third Party Websites and Cookies
15.1 The Website may contain link/s to various other websites. These links are provided solely for Your convenience and benefit. Wherever such link/s lead to websites which are not owned by or belong to Us, We shall not be responsible for the content, products and services provided on such linked sites. We do not warrant or make any representations regarding the correctness or accuracy of the content on such websites. If You decide to access such linked websites, You can do so at Your own risk. We do not in any way endorse the linked websites.
15.2 Our servers may automatically collect certain technical information about your use of the Website, including, without limitation, your browser type, your operating system, Internet Protocol address, bandwidth speed, and information collected through cookies, web beacons, and other technologies. Some technical information may qualify as personal information, while other technical information may not be personally identifiable. We generally use technical information for system administration, security and statistical analysis.
16.Termination
16.1 In addition to termination of the User’s Account, TalkingLands reserves the right to suspend the use of, remove or prohibit access to any or all features/parts of the Website, in the event it is determined by TalkingLands that the User has violated any of these Terms of Use. Any such suspension or termination of access to the Website may be effected by TalkingLands without providing the User with a prior written notice in this regard.
16.2 The User acknowledges and agrees that, upon termination, the User shall immediately destroy any copies made of any portion of the content contained on the Website or any information or reports provided to the User by TalkingLands as a part of the free services offered by the Company on the Website. You acknowledge and agree that the Company shall not be liable to the User or any third party claiming through the User, for termination of access to Website.
17.Disclaimer and warranties
TalkingLands is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF THE TALKINGLANDS WEBSITE IS PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED
17.1 Users may engage in various interactions and transactions with third-party entities referred to as 'Partners'. These interactions may involve the entering into contractual obligations, commitments, agreements, and documents such as Offer of Purchase, Letter of Intent, Term Sheet, and Memorandum of Agreements, etc., among others. The User acknowledges that TalkingLands operates as an intermediary and facilitator, providing a platform for Users and Partners to connect and communicate. The User further acknowledges that, TalkingLands assumes no legal responsibility or liability for the terms, conditions, performance, execution, or any other aspects of these contractual obligations that Users may enter into with Partners.
By availing the services of TalkingLands, Users acknowledge and agree to the following disclaimers:
- Any disputes, disagreements, or issues arising from contractual commitments are to be resolved exclusively between the Users and the relevant Partners. TalkingLands is not involved in dispute resolution related to these obligations.
- The responsibility for understanding, negotiating, and fulfilling these contractual arrangements lies solely with the Users and the respective Partners involved.
- The Users acknowledge and accept that they assume all risks associated with their interactions with Partners and the establishment of any contractual commitments resulting from such interactions.
- This disclaimer encompasses a wide range of agreements and documents and is not limited solely to those listed.
17.2 It is solely the User’s responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. TalkingLands does not warrant that the access to website will be uninterrupted or error -free or that defects in website will be corrected.
17.3 TalkingLands is controlled and operated from India and TalkingLands makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use TalkingLands website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
17.4 TalkingLands offers services, content and various other functionalities through the website 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. TalkingLands 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 the website 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 TalkingLands intends to announce, launch or provide such programs or Services in your country.
17.5 In cases where booked plots become unavailable even after paying the booking amount, or if users are provided with plots other than the ones initially booked, such matters shall be subject to the Partners' discretion.
17.6 TalkingLands disclaims any liability arising from the unavailability of booked plots or any discrepancies related thereto.
18. Limitation of Liability
18.1User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary loss or damages or for any business losses, loss of revenue, income, profits or anticipated savings, or loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data, resulting from the use or/and the inability to use the Website and TalkingLands Data provided on the Website, any information or/and services received or/and obtained or/and messages received or/and transactions entered into through or/and from the Website or/and resulting from unauthorized access to or/and alteration of User's transmissions or/and data or/and arising from any other matter relating to the Website, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.
18.2 User agrees that Company shall not be responsible or liable to User, or anyone, for the statements/ information/ data provided by any Partner/third party or conduct of any Partners/ Third Party. In sum, in no event shall Company's total liability tthe User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
18.3 Company shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the User personally.
19. Governing Law and Jurisdiction
This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this Terms of Use.
20.Severability
If any provision of the terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.
21. Waiver
The rights and remedies available under this Terms of Use may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.
22.General
You cannot assign or otherwise transfer the Terms of Use, or any right granted hereunder to any third party. These Terms of Use comprise the full and complete agreement between You and the Company with respect to the use of the Website and supersedes and cancels all prior communications, understandings and agreements between You and the Company, whether written or oral, expressed or implied with respect thereto.
23.Contact Information:
Customer Support
E-mail id: support@talkinglands.com
Phone: 7026088339
Contact Us: Monday to Friday (10 a.m. to 6 p.m.)