Terms & Conditions
1. ABOUT THESE TERMS AND CONDITIONS.
The terms “you” and “your” refer to the person that accesses or uses the Website and/or any Content. These Terms and Conditions govern your use of the Website and any material, communications, calculators, links or information contained on the Website including any property listings ("Content"), and comprise these terms and conditions and prices, notices and disclaimers available on the Website or otherwise provided through the Website.
By accessing and/or using the Website and/or Content, you acknowledge that you have read and agree to be bound by these Terms and Conditions (including any variations Roofontop.com makes from time to time). If you do not agree to these Terms and Conditions, you must immediately cease accessing and using the Website and the Content.
You warrant that you are at least 18 years old or are accessing or using the Website and Content under the supervision of a parent or guardian who agrees to these Terms and Conditions.
2. THE WEBSITE
Roofontop.com will provide you with access to the Website and Content on these Terms and Conditions. The Website primarily acts as a link between real estate agents, property builders and developers and buyers and renters of real estate. You, as an individual, may use the Website to facilitate this process via the services offered on the Website.
You may need to register with Roofontop.com in order to access or use certain parts of the Website and Content.
You must not register multiple times or create an account for any person other than yourself. Your account is non-transferrable. You may update, edit or terminate your account at any time.
You must: (a) keep your user login details (including password) secret and confidential and not disclose such details to any third party or allow another person to access or use the Website or Content using your details. You agree that you will be solely responsible for all access and use of the Website or Content by anyone using your login details, whether or not you authorize such access or use; and (b) immediately notify Roofontop.com if you are aware of, or have any reason to suspect or believe that, your login details have been subject to unauthorized use or have otherwise been compromised.
Roofontop.com may add to, change or remove the features and functionality of the Website (including the Content) at any time (with or without notice to you). The features and functionality available on the Website (including the Content) may also vary depending on the device or application that is used to access the Website (eg mobile vs. desktop).
3. ACCESS AND USE
You may use the Website and the Content for your own personal use subject to the restrictions specified in these Terms and Conditions (including, for clarity, the other terms and conditions that may be applicable to you on this Website). You may not download (other than page caching) or modify the Website or any portion of the Website.
You must comply with all applicable laws.
4. USER MATERIAL
Some features of the Website may enable you to upload or otherwise submit information, content or data (including illustrations and photographs) (User Material). You are solely responsible for the User Material.
You must ensure that the User Material: (a) is in a form and provided via a method required by Roofontop.com from time to time; (b) is accurate and complete at the time it is uploaded or submitted to via the Website, and promptly advise Roofontop.com or add or change the User Material (as appropriate) if you become aware that the User Material is not accurate or complete; (c) is not inappropriate, profane, defamatory, infringing, obscene, indecent, unlawful, likely to offend, insult or humiliate others based on ethnicity, race, gender, sexuality, age or any disability or otherwise vilifies any person or incites violence or hatred; and (d) does not: (i) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy and publicity; (ii) contain sexual acts, nudity, pornography and is not of a violent nature; (iii) depict an individual without their prior consent; (iv) exploit an individual in any way; (v) infringe the rights (including intellectual property rights and moral rights) of any person; (vi) contain any virus, Trojan horse, worm or other harmful, disruptive or malicious component or code or otherwise poses a privacy or security risk to any person; or (vii) contain any content that is restricted or hidden. Roofontop.com reserves the right to remove or amend (with or without notice and at Roofontop.com’ sole discretion) any User Material that Roofontop.com considers breaches these Terms and Conditions. That said, Roofontop.com is under no obligation to monitor the User Material for any purpose, including for the purposes of ensuring compliance with these Terms and Conditions.
You warrant that Roofontop.com’ use and the use by its service providers of the User Material will not infringe the rights (including intellectual property and moral rights) of a third party or otherwise breach any obligations of confidence or any law relating to the User Material.
5. TRANSACTIONS ON THE WEBSITE
Roofontop.com: (a) is not responsible or liable for any transaction (including purchase and delivery) you enter into with any person via the Website; (b) makes no warranties or representations in relation to the services or products of third party businesses listed or advertising services or products or services available on or via the Website; (c) does not accept liability for prices charged or services provided by such listed third party businesses; and (d) has no interest, whether direct or indirect, in any of the third party businesses listed on the Website.
You are solely responsible for verifying and ensuring that the person you are dealing with through the Website has the appropriate licenses, consents, approvals and insurance necessary for it to perform its obligations.
6. THIRD PARTY LINKS AND CONTENT
You must not link to or frame (or otherwise permit a person to so link to or frame) the Website without Roofontop.com’ prior express written permission.
The Website may display or feature third party advertising. Roofontop.com does not represent that it endorses or otherwise recommends the relevant advertisement, advertiser, or its products and services in so displaying or featuring the advertisement.
Without limiting the above, you may access and use third party content and materials through this Website. If so, then you must comply with any applicable third party terms, including Roofontop.com.
Roofontop.com excludes all liability (including in negligence) in respect of the Content. If you have a complaint regarding any Content displayed on the Website or otherwise communicated through the Website, Roofontop.com’ sole obligation will be to review any written complaint notified to it and, at its sole discretion, modify or remove the particular Content.
Roofontop.com reserves the right to: (a) list content from third parties and links to third party websites; and (b) block or immediately remove any third party content from the Website at its discretion.
If you provide Roofontop.com with any feedback via the Website, you: (a) acknowledge and agree that that information will be treated as non-confidential; and (b) grant Roofontop.com a royalty-free, world-wide, perpetual, irrevocable and transferrable right: (i) to use, copy, publish, sell, lease, communicate, modify, create derivative works from and translate that feedback in any way; (ii) permit any person to assist Roofontop.com to do any of the things referred to in (i); and (iii) sub-license any of the rights granted to Roofontop.com under (i) and (ii) to any person.
10. INTELLECTUAL PROPERTY
Nothing in this Agreement operates to assign or otherwise transfer any right, interest or title in or to any intellectual property rights (including moral rights) of a party, except as expressly stated.
You grant Roofontop.com a world-wide, royalty-free, perpetual, irrevocable, transferrable and non-exclusive license to: (a) use, reproduce, modify, adapt, communicate, display, perform, store and distribute the User Material for the purposes of performing Roofontop.com’ obligations under these Terms and Conditions and otherwise in connection with Roofontop.com’ business purposes; (b) without limiting (a), create statistics, databases and compilations for use by Roofontop.com and third parties; (c) permit any person to assist Roofontop.com to do any of the things referred to in (a); and (d) sub-license any of the rights granted to Roofontop.com under (a) to (c) to any person. Without limiting the foregoing, you unconditionally consent to Roofontop.com’ use of the User Material that would, but for your consent, constitute a breach of your moral rights.
As between you and Roofontop.com: (a) you own the User Material; and (b) all intellectual property rights, including copyright and patents, in the Website, the Content and all components of it are owned or licensed by Roofontop.com. Other than the User Material, you must not copy, modify or transmit any of the Content or the Website without Roofontop.com’ written permission.
The Website contains Roofontop.com and third party’s inventories which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names or trade names appearing on the Website without Roofontop.com’ prior written permission.
11. DISCLAIMER AND LIMITATION OF LIABILITY
You acknowledge and agree that you access and use the Website and Content entirely at your own risk.
To the full extent permitted by law, Roofontop.com excludes all guarantees, terms, representations or warranties that would otherwise arise or be implied by law in relation to the Website, the Content and any supply of goods or services under these Terms and Conditions, including any guarantees, terms, warranties or representations concerning: (a) the availability of the Website and the Content; (b) the quality, completeness, accuracy or suitability of the Website or Content; (c) merchantability or fitness for purpose in relation to the Website or the Content; (d) all links to or from the Website; (e) the products and services advertised or accessible on the Website; (f) the safety of computer systems of users of the Website; and (g) title to any real property advertised on the Website.
For any liability that cannot be excluded, but which can be limited, Roofontop.com limits its liability to, at its option: (a) replacing or repairing the relevant goods; (b) supplying goods equivalent to the relevant goods; (c) supplying the relevant services again; or (d) paying the cost of such replacement, repairs or supply.
For all other claims or liability, the maximum liability of Roofontop.com and its related bodies corporate for any loss, damage, claim, cost or expense howsoever arising, whether in breach of contract, tort (including negligence) or under statute, in connection with these terms and conditions, the Website, the Content, all links to or from the Website and the products and services advertised or accessible on the Website will, to the full extent permitted by law.
To the full extent permitted by law, Roofontop.com will not in any case be liable for any direct or indirect lost profit, exemplary or punitive damages, loss of data, deletion or corruption of electronically or digitally stored information, damage to any computer system, or incidental, consequential or special damages arising out of or in connection with the Website, the Content, all links to or from the Website and the products and services advertised or accessible on the Website.
You indemnify Roofontop.com, its officers, directors, employees and sub-contractors in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether in contract, tort (including negligence) or under statute, in connection with any of the following: (a) any unlawful, negligent or willful act or omission by you; and (b) without limiting the foregoing, any claim that your use of the Website or any User Material infringes the rights of any person (including intellectual property rights, rights in respect of privacy, defamation, confidentiality, breach of contract and other personal and proprietary rights).
13. SUSPENSION AND TERMINATION
At any time and with or without notice to you, Roofontop.com may limit, suspend or terminate the Website (or any part of it) if, in its reasonable opinion: (a) there is an emergency; (b) the supply by it or use by you of the Website (or any part of it) is, or will be, unlawful; or (c) the Website (or any part of it) or its provision may cause death, personal injury or damage to property.
Roofontop.com may at any time immediately suspend or terminate your account or your access to the Website at its sole discretion and without prior notice, including if Roofontop.com, in its reasonable opinion, considers you have breached these Terms and Conditions or are no longer an active account holder.
14. SUBCONTRACTING AND OFFSHORING
Roofontop.com may subcontract the performance of all or any part of its obligations under these Terms and Conditions.
If Roofontop.com is required to give you a notice in writing under these Terms and Conditions, Roofontop.com may give this to you by: (i) posting the notice on the Website; (ii) emailing the notice to the email address last provided to Roofontop.com by you; or (iii) posting the notice to the postal or other street address last provided to Roofontop.com by you.
Roofontop.com may update or change these Terms and Conditions at any time with or without notice. If you continue to access or use the Website after Roofontop.com updates or changes these Terms and Conditions, then you will be taken to have agreed to these Terms and Conditions as updated or changed. Since you are bound by these Terms and Conditions, you should periodically check these Terms and Conditions.
Roofontop.com will not be considered to have waived a right or remedy under these Terms and Conditions unless it has done so in writing. If Roofontop.com delays or fails to enforce a right or remedy under these Terms and Conditions, then you agree that Roofontop.com is not prohibited from enforcing that right or remedy at a later date.
To the extent that any part of these Terms and Conditions is illegal, invalid, void, voidable or unenforceable, then that part shall be severed from these Terms and Conditions and the remaining parts of these Terms and Conditions will continue in full force and effect.
e) Governing law and jurisdiction
These Terms and Conditions are governed by and must be construed in accordance with the laws applicable in the State of Haryana. You submit to the exclusive jurisdiction of the courts of that State in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.
f) Entire agreement
These Terms and Conditions constitute the entire agreement between you and Roofontop.com in respect of its subject matter.
In these Terms and Conditions: (i) a reference to these Terms and Conditions includes all parts, and includes any amendment to or replacement of them; (ii) a reference to a statute, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them; (iii) a reference to a party includes a reference to the party's executors, administrators, successors and assigns; (iv) the singular includes the plural, and vice versa; (v) a reference to a person includes a natural person, corporation, statutory corporation, partnership, Government Agency, the Crown and any other organization or legal entity and their permitted novatees, permitted assignees, personal representatives and successors; and (vi) "includes", "including", "for example", "such as" and similar terms are not words of limitation.
Capitalized terms used in these Terms and Conditions have the meaning given to them in these Terms and Conditions.
2 July 2018