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This website, www.Whyly.com, (hereinafter referred to as "Whyly") is owned, hosted
and operated by DSM Soft (P) Ltd, (hereinafter referred to as DSMS), a company
incorporated in India under the Companies Act, 1956 and having its registered office
at No.1, 15th Cross Street, Shastri Nagar, Adyar, Chennai 600 020, India.
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BY USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS "TERMS OF SERVICE". IF YOU
DO NOT AGREE TO THIS "TERMS OF SERVICE", YOU CANNOT USE THE SITE.
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We are entitled to change these terms of service anytime and therefore you should
periodically visit this page to review the then current terms to which you are bound.
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Restrictions on Use
- You agree not to use the services other than for your own personal use or as an
agent or builder listing properties for sale, rent or lease.
- You agree to only access our services manually and not to use any automated software
to view the services.
- You agree not to transmit any material designed to interrupt, damage, destroy or
limit the functionality of our website or the services.
- You agree not to attempt to copy, reproduce, modify, publish or distribute any form
of contents of this site or reverse engineer our processes.
- You agree not to use our services in any manner that is illegal, immoral or harmful
to us.
- You agree not to use our services in breach of policies and notices on our website.
- You agree that no submissions provided by you to the Site will violate any right
of any hird party, including copyright, trademark, privacy or other personal or
proprietary right(s) and agree not to remove or alter any copyright notices that
appear on our website. You are and shall remain solely responsible for the content
of any submissions you make and agree not to publish any material that may encourage
a breach of any relevant laws or regulations.
- You agree not to transmit materials protected by copyright without the permission
of the owner.
- You agree not to interfere with any other user's enjoyment of our website or the
Services.
- You agree not to conduct yourself in an offensive or abusive manner whilst using
our website or the services.
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Submitting content |
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By submitting content on our website to avail our services, you grant us a royalty-free,
perpetual, irrevocable and non-exclusive right and license to (a) use, reproduce,
distribute, display, modify and edit these Materials in connection with the Services
and (b) sublicense these rights. We are not entitled to pay you any fees for these
content and reserve the right in our sole discretion to remove or edit them at any
time. You also warrant and represent that you have all rights necessary to grant
us these rights. We permit you to post content on our website in accordance with
our procedures provided that the content is not illegal, obscene, abusive, threatening,
defamatory or otherwise objectionable to us.
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Payment Terms |
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DSMS is free to change rates at any time and can offer free listings or discounts
at its will. The rate that is displayed during the listing process is to be considered
as the current listing rate. These rates may or may not change for the same type
of listing at a later point in time. The rates may also vary from time to time based
on property value, property type, type of transaction, geography, different times
during the day etc. DSMS is not liable to share with the users on how the rates
are arrived at.
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We accept online payments through a trusted payment gateway provider who adopts
stringent security measures to ensure that critically sensitive information, such
as your personal information and credit card details, are well protected.
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Personal information and credit card detail entered by you are received at the payment
gateway providers secure server and is encrypted before it is transmitted over the
Internet to the payment gateway. The payment gateway provider does not store any
credit card details for security reasons.
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Your listing will be confirmed online, after you complete the online transaction
successfully or the demand draft/cheque that you have submitted is realized. If,
for any reason, the listing does not happen after realization of payments, the entire
amount will be returned back to you either online directly to your account or by
sending you a cheque by post.
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DSMS 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.
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Refund in failed transactions |
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DSMS offers no guarantees whatsoever for the accuracy or timeliness of the refunds
reaching the Customers card/bank accounts as DSMS has no control over the processing
activities, organizations involved, availability of services etc.
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Providing refunds for property listings removed by DSMS for wrong or objectionable
content being posted on the site would be at the discretion of DSM Sot Pvt. Ltd.
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Availability of website |
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We strive to ensure 24x7 availability of our services but cannot guarantee that
the website and services will operate without interruptions or be defect free. While
we aim to provide prior notices on our website, we may at times be forced to carry
out maintenance or upgrade work and requires us to make the website and the services
unavailable without notice. We accept no liability for any interruption or loss
of service. We reserve the absolute right to alter, suspend or discontinue any part
of our website or the Services, including your access to it.
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Limitation of liability |
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In no event shall we nor any of our officers, shareholders, directors, employees,
agents or suppliers be liable for any loss or direct, indirect, consequential, incidental,
special or any other damages arising from your use of the Services. Should you not
agree with any part of these Terms of Use or have any dispute or claim against us
or our suppliers with respect to these Terms of Use or the Services, your sole and
exclusive remedy will be to discontinue using the Services.
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Notwithstanding the foregoing, nothing in this clause is intended to limit any statutory
rights you may have as a consumer which may not be excluded nor in any way to exclude
or limit our liability to you for personal injury or death caused by our negligence.
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Indemnification |
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You agree to indemnify, defend and hold us and our affiliated companies, shareholders,
officers, directors, employees, agents or suppliers harmless from any and all claims
or demands, made by any third party due to or arising out of your use of the Services,
the violation of these Terms of Use by you, or the infringement by you of any intellectual
property or other right of any other person or entity.
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