This text is an electronic record in terms of the revised Information Technology Act, 2000 and rules & regulation made thereunder. This electronic record is created by a computer system and doesn’t need any digital or physical signatures. This document is published in keeping with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that need issuing the Terms for usage or access of Solely Verified’s service via Solely Verified Portal. This text meets the conditions and stipulations mentioned in Section 65B (2) of the Indian Evidence Act, 1872.
YOUR ACCEPTANCE OF THIS AGREEMENT:
This is a contract between you (“you” or “your”) and Solely Verified that rules your use of the search services offered by Solely Verified through its site www.solelyverified.in (“Website”), SMS, telephone search, WAP or any other medium using which Solely Verified may deliver the search services (collectively “Platforms”). When you use or access any of the Platforms you agree to be bound by these Terms & Conditions (“Terms”).
We may regularly change the Terms without notice, and you’re accountable for checking these Terms regularly for revisions. All amended Terms become effective upon our posting to the Website, and any use of the website after such amendments have been posted shows your agreement to the changes.
HOW YOU MAY USE OUR MATERIALS:
We use a diverse range of text, information, designs, graphics, photographs, images, video and sound recordings, content, animation, advertisement and other materials and belongings (collectively “Materials”) for the search services on the Platforms. We deliver the Material through the Platforms FOR YOUR NON-COMMERCIAL AND PERSONAL USE ONLY.
While every attempt has been made to ascertain the authenticity of the Platform’s content, Solely Verified is not liable for any kind of losses, damages, or action arising directly or indirectly, due to use and/or access of the content in the Platforms counting but not limited to verdicts based on the Platform’s content which results in any loss of revenue, data, profits, property, infection by viruses etc.
Accordingly, you may use, view, copy, and allot the Materials found on the Platforms for non-commercial, internal, and informational purposes only. You’re prohibited from scraping, data mining, crawling, or using any process or processes that send automated enquiries to Solely Verified. You may not use the Platforms or any of them to accumulate a collection of listings, including a rival listing service or product. You may not use the Platforms or any Materials for any unwelcome commercial e-mail. Except as approved in this paragraph, you aren’t being granted a license under any trademark, copyright, patent or other intellectual property right in the Materials or the services, products, processes or technology described therein. All such rights are retained by Solely Verified, its parent companies, subsidiaries, and/or any third-party owner of such rights.
HOW YOU MAY USE OUR MARKS:
The Solely Verified company names & logos and all related service & product names, design marks and slogans are trademarks and service marks retained by and used under license from Solely Verified or its wholly owned affiliates. All other service marks and trademarks herein are the possessions of their respective holders. All copies that you make of the Materials on any of the Platforms must bear any trademark, copyright or other proprietary notice located on the respective Platforms that relates to the material being copied. You aren’t approved to use any Solely Verified name or mark in any publicity, advertising, or in any other commercial manner without the prior written agreement of Solely Verified.
HOW WE MAY USE INFORMATION YOU PROVIDE TO US:
REVIEWS, RATINGS & COMMENTS BY USERS:
Since, Solely Verified provides information directory services through various mediums (SMS, E-Mail, WAP, Website, APP and phone or voice), your (“Users”) use any of the above-mentioned medium to post Ratings, Reviews, and Comments about the Solely Verified services and also about the Advertiser’s listed at Solely Verified is dependent on additional terms & conditions as mentioned herein.
You are solely accountable for the content of any transmissions you make to the website or any transmissions you make to any mediums offered by Solely Verified and any materials you add to the website or add to any mediums offered by Solely Verified, including but not limited to transmissions like your Ratings, Reviews, & Comments posted by you (the “Communications”). Solely Verified doesn’t accept or endorse any of your Communication as representative of their (Solely Verified) views. By transmitting any public Communication to the website, you grant Solely Verified a non-exclusive, irrevocable, perpetual, worldwide, unrestricted, royalty-free license (with the right to sublicense) to reproduce, use, distribute, publicly display, adapt, publicly perform, edit, modify, create derivative works from, incorporate into one or more compilations & reproduce and allot such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed.
You warrant and confirm that you have the right to grant these rights to Solely Verified. You hereby grant and waive to Solely Verified all rights including intellectual property rights and also “moral rights” in your Communications, posted at Solely Verified through any of means of Solely Verified. Solely Verified is free to use all your Communications as per its requirements from time to time. You warrant and represent that you own or otherwise control all of the rights to the content that you post as Rating, Review, or Comments; that the content is accurate; that use of the content you supply doesn’t violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the ratings, reviews, and comments posted by your Friend’s tagged by you. Also Solely Verified reserves the right to unmask or mask your identity with regard to your Ratings, Reviews, & Comments posted by you.
Solely Verified has the right, but not the responsibility to monitor and remove or edit any content posted by you as Rating, Review, or Comments. Solely Verified cannot review all Communications made on and through any of the mediums of Solely Verified. However, Solely Verified reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which Solely Verified in its sole discretion deems inappropriate, offensive or contrary to any Solely Verified policy, or that violate this terms:
Solely Verified reserves the right not to distribute to, upload or otherwise distribute through Forums or the Site any Communication which
- is indecent, obscene, profane, pornographic, threatening, sexually explicit, or abusive;
- constitutes or covers misleading or false statements of fact or suggestions of origin;
- libels, slanders, disparages, defames, or otherwise violates the legal rights of any third party;
- causes injury of any kind to any entity or person;
- violates or infringes the intellectual property rights (including patent, copyright and trademark rights), trade secrets, contract rights, privacy or publicity rights or any other rights of any third party;
- violates any applicable rules, laws, or regulations;
- contains any malicious code or software viruses designed to destroy, interrupt, or limit the functionality of any computer hardware or software or telecommunications equipment;
- impersonates another person or entity, or that collects or uses any information about Site visitors.
It is also clarified that, if there are any claims or issues due to your posts by way of Ratings, Reviews and Comments, then Solely Verified keeps the right to take suitable legal action against you. Additionally, you shall insure and protect Solely Verified against such damages or claims, or any issues, due to your posting of such Ratings, Reviews and Comments. Solely Verified takes no accountability and assumes no obligation for any content posted by you or any third-party on Solely Verified site or on any means of Solely Verified.
You further admit that conduct banned in connection with your use of the Forums includes, but is not limited to, breaching or trying to breach the security of the Website or any of the means of Solely Verified.
Solely Verified connects information created and provided by content partners, advertisers, software developers, marketing agents, publishers, users, employees, resellers and other 3rd parties. While every effort has been made to determine the authenticity of the content on the Platforms, Solely Verified has no control over the accuracy integrity or quality of such content and information on our website(s), and material on the Platforms may contain typographical errors or technical inaccuracies, and we make no pledges, nor can we be accountable for any such information, including its currency, authenticity, quality, content, copyright compliance or legality, or any other intellectual property rights obedience, or any resulting damage or loss. Further, we are not accountable for any kind of losses, damages or action arising indirectly or directly due to any content, including any omissions or errors in any content, use and/or access of the content on the Platforms or any of them including but not limited to content-based decisions resulting in loss of revenue, data, property, profits, infection by viruses etc.
All of the information on products and advertisings including but not limited to, the availability of any product or service, the prices and/or any feature therefrom, is dependent on change without notice by the party providing the promotion or product. You should take responsibility while using the Platforms.
Solely Verified reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Solely Verified. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.
Links to external Internet websites may be given within the content on Website or other Platforms as a suitability to users. The listing of an exterior website doesn’t suggest advertisement of the website by Solely Verified or its associates. Solely Verified doesn’t make any statements regarding the obtainability and presentation of its Platforms or any of the external sites to which we give links. When you click on sponsor links, promoter banners, or other external links from the Website or other Platforms, your browser inevitably may direct you to a fresh browser window that is not presented or controlled by Solely Verified.
Solely Verified and its partners are not accountable for the functionality, content, authenticity or technological safety of these exterior websites. We reserve the right to deactivate links to or from 3rd party sites to any of our Platforms, though we are under no responsibility to do so. This right to deactivate/restrict links includes links to or from sponsors, advertisers, and content partners that may use our Marks as part of a co-branding association.
Some exterior links may give information that some people find offensive, offensive or inappropriate. We aren’t accountable for the relevancy, accuracy, legality, copyright compliance, or decency of material contained in any outwardly linked sites. We don’t fully investigate or screen business listing sites after or before including them in directory listings that turn out to be part of the Materials on our Platforms, and we make no depiction and assume no accountability worrying the content that 3rd parties succumb to become listed in any of these directories.
All those units in the Platforms that offer reader participation will contain views, opinion, comments, suggestion and other information given by the general public, and Solely Verified will at no point of time be accountable for the correctness or accuracy of such information. Solely Verified keeps the absolute right to reject/accept information from readers or/and advertisements from advertisers and relax/impose Platforms access rules & regulations for any user(s).
Solely Verified also keeps the right to change/impose the access regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted now and then under these terms & conditions. It is the accountability of users to refer to these terms & conditions each time they use the Platforms.
While every attempt has been made to determine the authenticity of the content in the Platforms, Solely Verified is not accountable for any kind of losses, damages or action arising indirectly or directly, due to use and/or access of the content in the Platforms including but not limited to any decisions based on content in the Platforms resulting in loss of revenue, data, property, profits, infection by viruses etc.
Please recall that any provider of services or goods is allowed to register with Solely Verified. Solely Verified doesn’t examine whether the advertisers are reputable, good or quality sellers of service/goods providers. You must satisfy yourself about all relevant aspects before availing of the terms of service. Solely Verified has also not discussed or negotiated any terms of appointment with any of the advertisers. The same should be done by you. Buying of goods or availing of services from advertisers shall be at your own risk.
We don’t represent, investigate or endorse the legality, accuracy, validity, legitimacy or reliability of any services, products, coupons, deals or other promotions or materials, including ratings, advice and references contained on, dispersed through, or linked, downloaded or retrieved from the Platforms.
Recommendations that we make to any marks, names, products or services of third parties or hypertext links to third party sites or info don’t imply or constitute our endorsement, sponsorship, or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or with regard to the Platforms.
Any use of the Platforms, reliance upon any use of the Internet and any Materials generally shall be at your individual risk. Solely Verified denies any and all responsibility or accountability for the content, accuracy, legality, completeness, reliability, or operability or availability of information or material shown in the search results in the Platforms.
THE PLATFORMS AND THE MATERIAL USED TO OFFER THE FACTUAL (INCLUDING THE WEBSITE) ARE OFFERED “AS IS” AND “AS AVAILABLE” DEPRIVED OF GUARANTEE OF ANY KIND, EITHER IMPLIED OR EXPRESS OR STATUTORY, COUNTING, BUT NOT LIMITED TO, THE OBLIQUE WARRANTIES OF FITNESS, MERCHANTABILITY FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT. SOLELY VERIFIED DENIES, TO THE FULLEST EXTENT ALLOWED UNDER LAW, ANY WARRANTIES CONCERNING TO THE RELIABILITY, SECURITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE MATERIALS AND PLATFORMS. SOLELY VERIFIED DOES NOT PERMIT THAT ANY FAULTS OR MISTAKES WILL BE AMENDED; OR THAT THE CONTENT IS FREE HARMFUL COMPONENTS OR VIRUSES.
SOLELY VERIFIED DENIES ANY AND ALL GUARANTEES TO THE FULLEST EXTENT OF THE LAW, COUNTING ANY ASSURANCES FOR ANY GOODS, INFORMATION, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PLATFORMS SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM COUNTRY TO COUNTRY AND JURISDICTION TO JURISDICTION.
Users using any of Solely Verified service across the following means i.e., through internet i.e., www.solelyverified.in Website, phone, SMS, or any other mode are bound by this additional disclaimer wherein they’re warned to make correct investigate before they (Users) act upon, rely or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction) with the Companies and/or Advertiser listed with Solely Verified.
All the Users are warned that all and any data of whatever nature given or received from the Advertiser/Company is taken in good faith, without least suspecting the bona fides of the Advertiser/Company and Solely Verified doesn’t confirm, acknowledge, or subscribe to the representation and claims made by the Advertiser/Company listed with Solely Verified. Further, Solely Verified is not at all accountable for any act of Company/Advertiser listed at Solely Verified.
LIMITATION OF LIABILITY:
IN NO EVENT WILL SOLELY VERIFIED BE ACCOUNTABLE TO ANY USER ON ACCOUNT OF SUCH USER’S MISUSE, USE OR DEPENDENCE ON THE PLATFORMS FOR ANY DAMAGES WHATEVER, COUNTING SPECIAL, DIRECT, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF REVENUE, PROFITS, USE, OR DATA WHETHER BROUGHT IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHER THEORY, EVEN IF SOLELY VERIFIED IS AWARE OF OR HAVE BEEN RECOMMENDED OF THE PROSPECT OF SUCH DAMAGE, ARISING OUT OF OR LINKED TO THE USE (OR INCAPACITY TO USE) OR PRESENTATION OF THE PLATFORMS, THE MATERIALS OR THE INTERNET NORMALLY, OR THE USE (OR INCAPACITY TO USE), RELIANCE UPON OR PRESENTATION OF ANY MATERIAL CONFINED IN OR RETRIEVED FROM ANY PLATFORMS. SOLELY VERIFIED DOES NOT ACCEPT ANY LEGAL ACCOUNTABILITY OR DUTY FOR THE COMPLETENESS, ACCURACY, OR UTILITY OF ANY APPARATUS, INFORMATION, PRODUCT OR PROCESS REVEALED ON THE PLATFORMS OR OTHER MATERIAL AVAILABLE FROM THE PLATFORMS.
THE USER OF SOLELY VERIFIED UNDERTAKES ALL ACCOUNTABILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET NORMALLY. THE FOREGOING BOUNDARIES SHALL APPLY ALL THE SAME ANY FAILURE OF THE VITAL PURPOSE OF ANY LIMITED THERAPY AND TO THE COMPLETEST EXTENT ALLOWED UNDER APPLICABLE LAW. SOME COUNTRIES DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OF SUBSTANTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT SMEAR TO ALL USERS; IN SUCH COUNTRIES OBLIGATION IS LIMITED TO THE COMPLETEST EXTENT ALLOWED BY LAW.
THIRD PARTY SITES:
MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be occasionally combined into the Platforms. Solely Verified may make developments and/or alterations in the services, products or/and programs described in these Platforms and the Materials at any time without notice. We are under no responsibility to monitor the material transmitted to or residing on the Platforms. However, anyone using the Platforms agrees that Solely Verified may monitor the Platforms contents periodically to (1) comply with any necessary regulations, laws, or other governmental needs; (2) to operate the Website(s) properly or to protect users and itself. Solely Verified keeps the right to reject, modify, or eliminate any material transmitted to or residing on its Platforms that it, in its sole discretion, trusts is intolerable or in desecration of the law or these Terms & Conditions. REMOVALS FROM SERVICE: Solely Verified will remove any materials at the request of the user(s) who submitted the materials or at the request of an advertiser who has decided to “opt-out” of the addition of materials to its advertising, including, but not limited to reviews and ratings provided by third parties. Solely Verified reserves the right to remove any materials it deems damaging to the system or is, or in the opinion of Solely Verified, may be, infringing, defamatory or violate of applicable law. Solely Verified reserves the right to eliminate Material from the Platforms. Materials presented to Solely Verified for publication on the Website may be corrected for clarity, length and/or consistency with Solely Verified’s editorial standards.
You accept indemnify and hold us and (as applicable) our subsidiaries, parent, officers, affiliates, directors, and employees, agents, harmless from any claim or demand, including inexpensive attorneys’ fees, made by any 3rd party due to or ascending out of your breach of these Terms, your violation of any law, or your violation of the rights of a 3rd party, including the breach by you of any intellectual property or other right of any entity or person. These responsibilities will survive any termination of the Terms.
These Terms will be ruled by and interpreted in agreement with the Indian laws, without giving effect to its conflict of law’s provisions or your authentic state or country of residence, and you agree to submit to personal jurisdiction in India. You’re accountable for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the residue of the Terms will remain in full force and result. These Terms comprise the entire agreement between us and surpasses and substitutes all prior or contemporary considerations or agreements, written or oral, about the subject matter of these Terms. Solely Verified reserves the right to inspect complaints or described violations of these Terms and to take any action we deem essential and suitable. Such action may include reporting any suspected unlawful activity to regulators, law enforcement officials, or other 3rd parties. In addition, we may take action to disclose any info necessary or suitable to such people or things connecting to user profiles, e-mail addresses, posted materials, usage history, IP addresses and traffic information. Solely Verified reserves the right to seek all solutions available at law and in justice for violations of these Terms.
Terms for Reseller (Channel Partner and/or Business Owner)
We reserve the right, at its sole discretion, to modify, change, add or remove portions of these Terms, at any time without any prior written notice to you. It’s your accountability to review these Terms regularly for changes/updates. Your continuance of services following the posting of changes will mean that they have agreed to and accepted the amendments.
Reseller (Authorised Channel Partner and/or business owner) shall be accountable for providing services including but not limited to promoting, marketing, and selling various services/products offered by Solely Verified from time to time. Reseller shall be accountable for promoting, presenting and selling services/products to prospective customers and giving them the cost-benefit and wants analysis and uphold good business rapport with everyone involved all the time.
At the time of entering into this Contract, you must be at least 18 years of age and should be able to provide your own id/address proof and other documents as requested by Solely Verified from time to time. Your account registration needs you to submit to Solely Verified certain personal information, such as, Name, Permanent Address, Current Address, mobile phone number and age etc
- KYC documents (PAN/Adhaar, etc) , if needed and (v) Bank Details or any other documents as an when requested by Solely Verified.
- You hereby confirm that you can form legally binding contracts under Indian Contract Act, 1872. You are not “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc.
- The Reseller shall discharge the following responsibilities with complete skill and diligence. The Reseller shall at all time work diligently to promote the products and services offered by Solely Verified and protect the interests of Solelyverified.
- Reseller confirms that the details/documents provided to Solely Verified are correct and genuine.
- Reseller confirms that the Data and its source is validated/verified and always be correct and complete in every manner and it will be correctly updated to Solely Verified. Reseller undertakes that he/she should not submit any unverified documents or incorrect information to Solely Verified.
- Reseller shall ensure that the list of documents, including relevant documents (related to id, address, business proofs etc). and clear visible geo-coded photo of the business establishment,) and Contract Value.
- The Reseller shall be accountable to ensure that the prescribed documentation is duly completed in all respects and given to Solely Verified. Also, applicable terms & conditions available here are explained in the vernacular language to the actual business owner.
- The Reseller understands and agrees that Solely Verified has the sole will to provide Services and has the liberty to refuse any Services which are not as per applicable terms & conditions of the Contract.
- The Reseller shall be solely accountable at its own cost for getting all necessary sanctions, approvals, permissions and licenses for giving the Service, under these Terms, from Local or Municipal Government Authority or any other party/Authority as may be vital from time to time.
- If Reseller has any doubt with respect to Reseller’s obligations under this Contract and the manner to discharge the said obligations, or related to Reseller program, training module, earning process, applicable terms and conditions to Reseller, then Reseller shall have the duty to get the clarifications from Solely Verified’s authorized representative in respect of such doubts by sending email and giving all details required for identifying the queries raised by Reseller.
- Reseller shall adhere strictly to the representations and warranties and obligations of confidentiality, non-compete, and intellectual property as prescribed under this Contract.
- Reseller hereby confirms that any dispute which arises between the parties in relation to the data, terms of this Contract and any other matters, Solely Verified’s decision will be final and binding on Reseller.
- Reseller (Channel Partner or Business owner) shall be accountable for doing any transaction or providing information to customer(s). Solely Verified will not be accountable in any case for giving any information to customer(s) or doing any transaction.
- Reseller undertakes not to cause or permit anything which may damage or endanger the Intellectual Property Rights or title or assist or allow others to do so. Reseller undertakes to take such reasonable action as Solely Verified may direct in relation to such infringement.
- Reseller undertakes to compensate Solely Verified for any use of the Intellectual Property Rights and/or to indemnify Solely Verified for any liability incurred to third parties for any use of the Intellectual Property Rights, otherwise than in accordance with this Contract.
- Reseller undertakes, on the expiry or termination of this Contract forthwith, not to use the Intellectual Property Rights or access of Solely Verified.
- Reseller acknowledges that any goodwill or reputation for the Service or Data generated by the Reseller under this Contract will belong to Solely Verified and upon termination of this Contract for whatever reason the Reseller shall not be entitled to claim any compensation, in any manner whatsoever.
- Reseller not cause to be done any omissions/act/representation which results to loss of goodwill and damage to the reputation to Solely Verified.
- Reseller agrees not to (directly or indirectly) (i) monitor, access, or copy any content or information of Solely Verified using any spider, robot, scraper or other automated means or any manual process for any purpose; (ii) violate the limits in any robot exclusion headers on Solely Verified or circumvent or bypass other measures employed to prevent or limit access to Solely Verified.
- Reseller has obtained all clearances, licenses, approvals, permissions, or consents from any third party or any regulatory or government body which are required by applicable law or regulations, to execute the business/services of this Contract.
- Reseller shall be solely accountable for the all the costs related to licenses, registrations and other costs related to compliance orders/directions, guidelines, formalities issued by DOT and Telecom Service Providers related to the Accountability of the Reseller and Reseller shall also be liable for the payment of charges, penalties and compensations imposed by DoT, Service Provider or any competent authority or courts for non-compliance of the said orders/ directions, formalities/guidance as stated in clause and shall have no recourse against the Solely Verified for the same.
- Reseller shall be solely liable for all acts and omissions of Reseller’s personnel, whether employees, consultants, agents, subcontractors or otherwise, and whether or not engaged by the Reseller in violation of these Terms.
- The Reseller shall carry out all directions and instructions as Solely Verified may issue from time to time.
- Reseller agrees that it will not sell, license, lease, rent, transmit, or otherwise distribute or transfer any Business’s data/information in any manner to third parties, save as is expressly permitted otherwise in this Contract.
- Unless otherwise provided in this Contract, during the term of this Contract Reseller shall establish and maintain safeguards against the destruction, loss or alteration of Data/information in its possession and Reseller will ensure that it will take all reasonable security practices to avoid any cyber-attacks. Reseller will neither transmit nor send Data nor will it allow Data/information to be accessed by third party.
- All Data provided by the Reseller is and will remain the property of the Solely Verified. Solely Verified will have all right, title and interest, including ownership of the said data, and all copies made from it. Except as set forth herein, without Solely Verified’s approval (in its sole discretion), Data shall not be (i) used by Reseller or its agents other than in connection with providing the Services, (ii) disclosed, sold, assigned, leased or otherwise provided to third parties by Reseller or its agents or (iii) commercially exploited by or on behalf of Reseller.
- Reseller shall promptly correct any errors or inaccuracies in the information if found to the extent such errors or inaccuracies were caused by Reseller.
- Reseller confirms that Solely Verified do not provide any income/business guarantee to Reseller or anyone involved in any manner.
- Reseller shall conduct independent verification, by contacting the owner or any third party, to verify the correctness and accuracy of Vendor’s Data/documents before entering any information/data.
- The Reseller shall be responsible to ensure that the prescribed documentation is duly completed in all respects and Contract Value is collected from Vendor for providing Paid Services, after explaining them about the applicable terms and conditions of the services as available on https://www.solelyverified.in/Terms-of-Use including but not limited to ECS process, Duration, listing features, no business guarantee etc.
- Solely Verified may conduct the audit/verification on the Vendor’s data submitted by Reseller from time to time and if Reseller fails in the Audit/verification process then Solely Verified reserves the right to forthwith terminate this Contract with Reseller.
- Reseller shall be obligated to collect Vendor’s documents or carry out any other verification by contacting Vendors, as communicated by Solely Verified from time to time.
- Solely Verified may in its sole discretion impose upon Reseller any amount of penalty for any non-compliance of any terms of this Contract.
REPRESENTATION AND WARRANTIES
- Reseller represents and warrants that Reseller shall perform the Services with professional skill and diligence.
- It has all requisite power and authority to execute, deliver and perform its obligations under this Contract and has been fully authorized by all requisite corporate actions to do so.
- It shall comply at all times, with all laws, industry codes, applicable standards or other regulations or directions issued under the law time being in force And as amended. It shall comply with such provisions of Information Technology Act 2000 as amended by the Information Technology (Amendment) Act 2008 and rules and regulations made thereunder.
- Reseller is adequately equipped and competent to provide the Services in a professional and efficient manner.
- Reseller shall ensure that any information shared by Solely Verified, irrespective of whether such information pertains to Solely Verified or any third party, under this Contract shall be kept confidential at all times. Without limitation, confidential information shall include the terms of this Contract, Access, contents of the Database to which Reseller may have access, the guidelines occupied thereto. Reseller as per the requirements of Solely Verified will either destroy or return all the confidential information to Solely Verified from the expiry or the early termination of this Contract. The obligations contained in this shall survive the termination of this Contract.
- In the event Reseller discovers a breach or potential breach in security relating to Data or unauthorized possession, use or knowledge, or attempt thereof, of Data, Reseller shall immediately (1) notify the affected Solely Verified and furnish to the Solely Verified the details of the security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (2) assist Solely Verified in investigating, curing, or preventing the recurrence of any security breach or unauthorized possession, use or knowledge, or attempt thereof, of Data; (3) cooperate with Solely Verified in any litigation and investigation against third parties deemed necessary by Solely Verified to protect its rights; and (4) provide the assurance satisfactory to that such breach or potential breach will not recur.
- Reseller shall defend, indemnify and hold harmless Solely Verified and its directors, officers, employees, agents and affiliates, including from any third party actions / claims / demands, for all costs, expenses, and losses arising from or in any way attributable to: (i) acts and omissions of the Reseller under these Terms; (ii) breach by Reseller of any of the terms and conditions of these Terms; (iii) violation of any applicable laws by Reseller; (iv) any damage to property or bodily injury (including death) caused by the Reseller; (v) acts of fraud, misappropriation, and disclosure of Confidential Information by the Reseller vi) any claim from vendor or third party claims for reasons attributable to Reseller.
- The Reseller hereby agrees to indemnify the Solely Verified, its directors and officers from and against any and all claims, suits, actions, demands or proceedings and all related damages, losses, liabilities, cost and expenses (including but not limited to reasonable lawyers’ fees) arising out of or relating to any (i) damage, destruction, unauthorised sharing or other misuse of Confidential Information (ii) violation or breach by the Reseller of any law, rules or regulations, or any term, policy or obligation under this Terms; (iii) claims made by Reseller’s personnel on Solely Verified including but not limited to claims for wages, benefits or employment; (iv) breach by the Reseller of its responsibilities under these Terms or a violation of the restrictions hereunder and (v) claims made by the state or central government, or local authority in respect of non-payment of taxes or fees, for non-provision of statutory benefits by the Reseller to its personnel; and (vi) Misrepresentation to the Vendor or third parties regarding any information relating to Solely Verified or the Services/products.
- The Reseller shall not make any claim or allegation against Solely Verified or hold Solely Verified liable in respect of any claim, demand or action (“Claims”) made or filed by anyone against the Reseller. All such Claims shall be resolved solely by the Reseller at Reseller’s own cost and expense, failing which the Reseller shall indemnify Solely Verified as provided for in these Terms.
INTELLECTUAL PROPERTY RIGHTS
- All right, title and interest, including all intellectual property rights, in and to, in all content, trademarks, marketing collateral, forms, Owner-related data, and in all other material handed over to the Reseller, or collected by the Reseller or to which the Reseller may have access to (“Solely Verified Property”), shall absolutely vest in, and be owned by, Solely Verified. No right or other license to such Solely Verified Property is given to the Reseller/Business owner.
- Solely Verified names, logos and all related products and service names, design marks and slogans (“Solely Verified marks”) are trademarks and service marks owned by and used under license from Solely Verified or its wholly-owned subsidiaries. The Reseller is not authorized to use any Solely Verified Mark in any advertising, publicity or in any other commercial manner without the prior written consent of Solely Verified.
LIMITATION OF LIABLITY
SOLELY VERIFIED SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL) RELATED TO, IN CONNECTION WITH, OR OTHERWISE, EVEN IF SOLELY VERIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLELY VERIFIED SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND AN VENDOR, EVEN IF SOLELY VERIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOLELY VERIFIED SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SOLELY VERIFIED’S REASONABLE CONTROL. IN NO EVENT SHALL SOLELY VERIFIED’S TOTAL LIABILITY TO YOU CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION.
- Force Majeure: Neither Party shall be liable for any failure or delay in performance under this Terms to the extent such failure or delay is caused due to reasons beyond that party’s reasonable control such as technical malfunctions, governmental actions, acts of God; acts of a public enemy, wars, insurrections, riots, epidemics pandemics bacterial infection, landslides, lightning, earthquakes, fires, storms, floods, washouts; arrests and restraints of the government; necessity for compliance with any court order, law, ordinance or regulations promulgated by any governmental authority having jurisdiction, either federal or state, civil or military; civil disturbances; any other events, matters, or causes, whether of the same kind enumerated herein or otherwise, which shall not be reasonably within the control of the Party affected thereby and occurring without its fault or negligence, provided that force majeure will apply only if the failure to perform could not be avoided by the exercise of due care by the Party invoking this clause and such party does everything reasonably possible to resume its performance under these Terms. In the event of the force majeure conditions continuing beyond two weeks, the Party to whom the affected obligations are owed shall have the right to terminate these Terms by written notice of fifteen days.
- Severability: If any provision of these Terms is found by court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms, and all provisions not affected by such invalidity shall remain in full force and effect. The Parties shall nevertheless be bound to negotiate and settle an alternate clause that shall be as close to the intent of the original clause and which shall nonetheless be valid and enforceable.
- No Waiver: The waiver by either party of a breach or default of any of the provisions of these Terms by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either Party to exercise or avail itself of any right, power or privilege, operate as a waiver of any breach or default by the other Party.
- Independent Contractors: It is understood and agreed that the relationship between the Parties is on a principal-to-principal basis. Nothing in these Terms shall constitute an agency, employment, partnership or any other relationship whether in the nature of a joint venture or otherwise between the Parties.
- Notices: All notices, requests, demands and other communications hereunder shall be in writing and the same shall be deemed to be served, if personally delivered or sent by registered mail at the registered office addresses. Notices may also be sent through emails, however, such emails must be followed up with a physical notice at the above mentioned address within a period of ten (10) days.
All data and information set forth on Solely Verified’s Portal regarding real estate property, for sale, purchase, rental and/or financing are from third parties sources, including but not limited to owner/agent/builder/developer etc. No warranties are made as to the accuracy of any descriptions and/or other details and such information is subject to errors, omissions, changes of price, tenancies, commissions, prior sales, leases or financing, or withdrawal without notice. Users should seek advice and proper legal counsel with respect to all property, closing costs, timing considerations, financing options, default provisions, zoning implications, renovation considerations and appropriate transfer taxes and other due-diligences. Solely Verified is an intermediary within the meaning of Section 2 (1) (w) of the amended Information Technology Act, 2000 (herein after referred as “Solely Verified” ). Solely Verified provides a platform by bridging the gap between owner/agent/builder/developer of real estate properties (herein after referred as “seller” “Reseller” or “rental” as the case may be) and the users of Solely Verified’s service and Solely Verified does not facilitate or interfere nor does any transaction for or on behalf of users or seller/ developer in any manner whatsoever.
The portal and all its contents are provided with all faults on an “as is” and “as available” basis. The details displayed on the portal are for information purposes only. No information given under this portal creates a warranty. Your use of the portal is solely at your own risk. Nothing contained herein shall be deemed to constitute any sort of legal advice, opinion, solicitation, marketing, offer of sale, invitation to offer, invitation to acquire etc. by Solely Verified. It is responsibility of the users to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the portal. Information on Solely Verified’s portal does not guarantee that the projects/properties are registered under the Real Estate Regulation Act, 2016 and rules made thereunder (“RERA”).
The property / project detail, listings, floor area, location, price, Designs, dimensions, cost, facilities, plans, images, specifications, furniture, accessories, paintings, items, electronic goods, additional fittings/fixtures, decorative items, false ceiling including finishing materials, specifications, shades, sizes, amenities/services and other details shown in the listing are the third party contents (i.e., owner/agent/builder/developer etc.) and/or taken from public domain. Users are hereby advised to use their discretion and to exercise due diligence and independently validate and verify all information/details about any property / project, such as, (i) verification of ownership of property, (ii) N.O.C.’s of various authorities like Municipal Authorities, Fire Authorities, Land Revenue Deptt., Police etc., (iii) Checking of Commencement & Occupancy Certificate, (iv) clearance of title of the plan/land/ property, (v) execution of valid agreement/sale deed, (vi) stamp duty & payment etc., prior to concluding any decision for buying any unit(s)/projects/properties or renting thereof.
Solely Verified under no circumstance will be liable for any expense, loss or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss or damage whatsoever arising from use, or loss of use, of data, arising out of or in connection with the use of this portal. The user acknowledges, agrees and undertakes to not hold Solely Verified or any of its affiliates liable/responsible for any information stated representation /commitment /offer neither made by any third parties on its portal to the user nor make any claims/demands on Solely Verified or any of its affiliates with respect thereto. In no event will Solely Verified be liable for claim made by the users including seeking any cancellation for any of the inaccuracies in the information provided in this Portal. You are therefore required to verify all the details, including area, amenities, services, terms of sales and payments and other relevant terms independently prior to concluding any decision for buying/renting any unit(s)/projects/ properties.
No claim as to the accuracy and correctness of the information on the portal 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/ misleading/ offensive/ inappropriate content is sighted on the portal, please write to us.
The users hereby acknowledge and undertake that they are accessing the services on the online platform and transacting at their own risk and are using their best and prudent judgment before entering into any transactions through the website/ platform. The users further acknowledge and undertake that they will use the platform to purchase or rent a property only for their personal use. Solely Verified shall neither be liable/responsible for any actions or inactions of owner, nor any breach of conditions, representations or warranties by the owner/agent/builder/developer of the properties and hereby expressly disclaim and any or all responsibility and liability in that regard. Solely Verified shall not mediate or resolve any dispute or disagreement between the user and the owner/agent/builder/developer of the properties. We do not implicitly or explicitly support or endorse the sale or purchase of any property on/through our platform. At no time shall any right, title or interest in the property sold through or displayed on the platform vest with Solely Verified nor shall Solely Verified have any obligations or liabilities in respect of any transactions on or through its platform.