Your use of the Site and services and tools are governed by the following Terms as applicable to the Company including the applicable policies which are incorporated herein by way of reference. By mere use of the Site, You shall be contracting with LetsDigg Projects Private Limited, the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with LetsDigg Projects Private Limited.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and shall be considered as part and parcel of this Terms.
I. Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- “Agreement” shall mean and include the completed application form, its attachment(s), and the terms and conditions stated herein. It shall be deemed to have been executed at New Delhi.
- “Company”: is defined as LetsDigg Projects Private Limited (“the Company”) an existing Company under the Companies Act, 1956 along with its unit for the Company’s website www.letsdigg.in.
- “Date of Commencement” is the date indicating the acceptance of the application by the User to the service. It shall be specified by the Company in its notice to you either through e-mail or conventional mail.
- “Date of Termination” is the date of expiry mentioned in the notice or/and the letter of termination.
- “Letsdigg.in” is defined as the internet website of the Company at www.letsdigg.in
- “Registration Data” is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User’s name, telephone number, mailing address, account, and email address.
- “User” is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and include his successors and permitted assignees. “User” or “You” also includes any person who accesses or avails of this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, or uploading information or views and includes other persons jointly participating in using the Site of the Company.
- Words referring to masculine include the feminine and the singular includes the plural and vice versa as the context admits or requires; and Words importing persons include individuals, bodies corporate and unincorporated.
These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Site.
The company provides a number of internet-based services through its platform and shall include:
- Posting User profile or listing for the purpose of sale/rental of property, related property services, etc.
- Find a property through Letsdigg.in and its internet links.
- Post advertisements on Letsdigg.in.
- Send advertisements and promotional messages through emails and messages.
- The Services can be purchased through various methods of payment offered. The purchase of Services shall be additionally governed by specific policies of sale, like subscription fees, payment, refund policy, cancellation policy, etc.
You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing, and adhering to these Terms. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and/or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
The Company shall reserve the exclusive right to cancel/remove/modify any content whatsoever from being published or reflected on its website or in any other mode.
VI. Obligations and Representations of User/Subscriber
- To provide accurate, complete, and correct registration data on initial application for the Services.
- The User agrees that any data entered on the Site will be subject to a mandatory verification process by the Company.
- Any and all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
- The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
- The User shall be solely responsible for all information retrieved, stored, and transmitted by him.
- The User shall immediately notify the Company of any unauthorized use of the User’s account or any other breach of security known to the User.
- The User agrees that any data entered into herein can and shall be saved, used, and commercially exploited by LetsDigg Projects Private Limited as deemed fit by them.
- The User shall give out to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings.
- For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by the User on Letsdigg.in with the exception of trading data, credit card numbers, checking account numbers, etc. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of Letsdigg.in. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.
- The User will indemnify LetsDigg Projects Private Limited for any action or claim committed/made by any third party resulting from any information posted on the Site by the User or/and anybody else on his behalf and account.
- The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by a third party (whether civil/criminal). The Company however shall endeavor to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within a reasonable time after verifying the complaint.
- User of the website agrees to indemnify and keep LetsDigg Projects Private Limited indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.
VII. Prohibited Actions
- The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not print, download, duplicate, or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.
- The User shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial, or political grounds or of an abusive, indecent, obscene, defamatory, or menacing nature.
- The User is prohibited from postings any information or content on the Site, which directly or indirectly causes any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
- The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
- The User shall not violate, or attempt to violate the security of the Site and/or any websites linked to Letsdigg.in or gain unauthorized access to any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
- The User shall be prohibited to introduce, posting, or transmitting any information or software, which contains a virus, worm, or other harmful components into the internet or Site network system.
- The Users shall avail of Services on Letsdigg.in or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property rights, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
- The company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited emails and deteriorates the performance and availability of the Letsdigg.in site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- Company also prohibits the use of another internet service to send or post SPAM to drive visitors to your site hosted on or through Letsdigg.in site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
- You shall not engage in advertising to or solicitation of, other Users of the Platform to buy or sell any services, including, but not limited to, services related to that being displayed on the Site or related to us.
- The Content posted does not necessarily reflect Company views. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on the Site. You hereby represent and warrant that You have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
- You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to a child,
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or Sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause
VIII. Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the right to:
- All copyright and/or know-how and/or any other related intellectual property rights to the Services of Letsdigg.in including listings, details of Users, and any information otherwise made available to User in the Service, shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to Letsdigg.in in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
- Use for the Company’s own purpose, any data or/and information supplied by the User in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties.
- Retain all data or/and information supplied by the User while using the Service to remain at Letsdigg.in for the exclusive use of the Company in accordance with the service agreement with the User, notwithstanding any termination of the Agreement or suspension of the Service to the User herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the User, all such data and information shall remain in the Company’s property, records, and databases as the exclusive property of the Company, for all times to come.
- “By entering Mobile Number on Letsdigg.in while registering for an account for receiving alerts, contacting a property, seller/buyer, the user gives express consent to the Company and its Partners/ Vendors and sub-partner, sub-vendor to send alerts, contact details promotional SMS and Promotional Calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such database.
- The user further agrees that, in order to satisfy and fulfill the user’s property requirement, the Company may share the recording of the aforementioned promotional call between the user and a company representative with the concerned agents, partners, vendors, and sub-partners. In case the user does not want to receive these messages on his/her mobile number, and has not agreed to any of the terms stipulated herein, he/she shall not submit his/her mobile number with Letsdigg.in.”
IX. Intellectual Property Rights
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, and domain names, including material, designs, and graphics created by and developed by the Site and other distinctive brand features of the Site are the property of the Company. Furthermore, with respect to the Site created by the Company, the Company shall be the exclusive owner of all the designs, graphics, and the like, related to the Site.
For the purpose of this Agreement and attachments thereto and all renewals, “Confidential Information” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project/property or to a party (the “Disclosing Party” herein the Company ) or any other members of the Disclosing Party’s group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise come into the possession of the other (the ” Receiving Party “, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party’s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to “Violation of Terms & Conditions” clause, release any such data and information to any third party without the prior consent of the User.
The User has access to only his/its own data and information stored in the database of Letsdigg.in (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the control and liability of the Company and the company accepts no responsibility or liability whatsoever for such actions.
The right to amend vary or change the terms and conditions contained herein and in the Services guide at any time exclusively rests with the Company.
XII. Discontinuation or Modification to Services
The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at any time with or without notice to the User. Except for paid service, a pro-rated refund shall be effected for the remaining unused period.
There shall be no liability on behalf of the Company to the User or any third party in case the Company exercises its unilateral right to modify or discontinue the Service.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work and/or the User’s access to Letsdigg.in. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
XIV. Third-party links and resources on Our Website
The content of other websites, services, goods or advertisements that may be linked to our Site is not maintained or controlled by us. We, therefore, are not responsible for the availability, content or accuracy or privacy practices of other websites, services or goods that may be linked to, or advertised on, our website.
Where this Site contains hyperlinks to websites operated by third parties these linked websites are not under the control of the Company and the Company is not responsible for the contents of any linked website. The Company provides these hyperlinks to you for convenience only and the inclusion of any link does not imply any endorsement of the linked website by LetsDigg Projects Private Limited. You link to any such website entirely at your own risk.
The Company does not:
(a) Make any warranty, express or implied, with respect to the use of the links provided on, or to, Our Site;
(b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to Our Site; or
(c) Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to Our Site.
The Company accepts no liability for any damage or loss, however, caused, in connection with the use of or reliance on any information, material, products, or services contained on or accessed through any linked website.
Our Site may also contain third-party advertisements which contain embedded hyperlinks to websites operated by third parties. All third-party advertising is paid for by the relevant third-party advertiser, which you can accept by linking to the third-party advertisers, and are not recommendations or endorsements by LetsDigg. The third-party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services, you agree to purchase from the third-party website.
Company may from time to time recommend, provide you with access to, or enable third-party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Your purchase, access, or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”).
Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the users and Third Party Providers.
Any use by you of Third Party Services offered through the Company’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. Company may, however, offer support services to Third Party Providers in respect to order fulfillment, payment collection, call centre, and other services, pursuant to independent contracts executed by it with the Third Party Providers.
Company neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. The availability of Third Party Services on Company’s websites or the integration or enabling of such Third Party Services with the Company services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Company.
Company is not responsible and accepts liability for any errors or omissions or non-performance or breach of any contract entered into between users and Third Party Providers on the Platform. Company cannot and does not guarantee that the concerned Users and/or Third Party Providers will perform any transaction concluded on the Platform.
Company is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products/services.
Company is operating an online advertisement platform and assumes the role of an intermediary, and does not at any point of time during any transaction between user and Third Party Providers on the Platform come into or take possession of any of the products or services offered by Third Party Providers.
At no time shall Company hold any right, title, or interest over the products nor shall Company have any obligations or liabilities in respect of such contract entered into between User and Third Party Providers.
In case of complaints from the user pertaining to quality or any other such issues, Company is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Company is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of any Third Party Service.
If you install or enable a Third Party Service for use, you grant us permission to allow the applicable Third Party Provider to access your data and other materials and to take any other actions as required for the interoperation of the Third Party Service with our Services, and any exchange of data or other materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider.
Company is not responsible for any disclosure, modification or deletion of your data or other materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other materials.
Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Company has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Company partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
It shall be on the discretion of the Company that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
However, the Company irrespective of the above clauses may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever (a) if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
(b) if, in the opinion of the Company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason or/and,
(c) if the User is declared bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights.
XVI. Violation of Terms & Conditions
In the event of violation of Terms, the Company in its sole discretion may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, or/and cancellation of your account, and/or the exclusion of any person(s) who may have violated any Terms & Conditions hereto. Company can also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc. of the land. Letsdigg.in will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If Company believes in its sole discretion that any advertisement or/and services may create liability for Company, Company may take any actions that it believes to be prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, Company reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
XVII. Personal Information
XVIII. Errors and Inaccuracies
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Site, is inaccurate at any time without prior notice (including after you have submitted your order).
We however undertake no obligation to update, amend or clarify information in the Service or Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on Site, should be taken to indicate that all information in the Service or on Site has been modified or updated.
- The User hereby agrees that use of the Service is at the User’s sole risk. The Service is provided on an “as is” or/and on an “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- The Company makes no warranty that the Services shall meet User’s requirements, that the Services shall be uninterrupted or/and timely or/and secure or/and error-free.
- This Site is vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom. We may need to make the Site unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of Service. Further, the Company does not warrant that any of the websites linked to Letsdigg.in be free of any operational hazards or error nor that it will be free of any virus or/and worm or/and any other harmful components.
- There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy, reliability, and/or quality of any information transmitted and/or obtained through the use of the Services of Letsdigg.in. The User understands and agrees that any information or/and material and/or goods or/and services obtained through this Site is done at User’s own discretion and risk and that the User shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction. No advice or any information, whether oral or/and written, obtained by the User from Letsdigg.in or/and through or/and from the Service shall create any warranty not expressly stated herein. In case if there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension, and/or termination of the Service, the Company shall not be liable in any way for the same. Cancellations and alterations shall be effected only on the receipt of the application regarding the same in writing.
- The Company shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition, the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently. All information is accepted in good faith and Company accepts no responsibility whatsoever regarding the bonafide of the User, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
- Once a listing or banner is displayed on Our Site, We do not guarantee or make warranties that there would be a satisfactory response or any response at all.
- The Company is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the Services availed by the User from third-party service providers on or beyond the platform of Letsdigg.in. For any third-party product or service which the customer/user will buy through Letsdigg.in, the Customers/Users of Services shall take full responsibility to deal with third party’s respective vendors at their own risk, cost, and liability.
- Property descriptions and other information provided on Our Site are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents/sellers/brokers to ensure the accuracy and integrity of property descriptions provided on Our Site and in any property particulars.
- Any value estimates provided on Our Site are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publically available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on Our Site is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.
- Company will not be liable for any time difference arising between a message released through a gateway/ server (provided to Letsdigg.in) and such message finally reaching the User from the concerned service provider.
- The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.
- In case a visitor to the portal is desirous of conducting a project site visit of the property he/it is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such project site visits. The Company shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Advertiser in this regard.
- Company has no intention of violating any intellectual property or ancillary rights. If there is any violation, we request that the same be promptly brought to our attention.
- It is not the Company’s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that may be inserted or/and made available or transmitted to a third party in or through Letsdigg.in and the User acknowledges the same.
- The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information and/or content of any data and/or information and/or posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or Letsdigg.in and/or the internet.
- The Company is not involved in any transaction between any parties who are using Our Site. There are risks, that the User assumes when dealing with people who might be acting under false pretenses and the same shall be borne by the User. The Site is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does the Company screen or/and censor or/and otherwise control the Users of its service. Company cannot and does not control the behavior of the participants on this site. We cannot control whether or not Users of Letsdigg.in will complete the transactions they describe on Our Site. It is extremely important that the User takes care throughout his/its dealings with third party(s) and/or Users on this Site. Company does not accept or/and assume responsibility for the content or/and context of the User comment.
- THE COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES OR/AND CHARGES PAID BY THE USER TO THE COMPANY’S SITE OR THE PERIOD IMMEDIATELY PRECEDING TWO (2) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE RELEVANT CLAIM.
- LetsDigg Projects Private Limited is only an intermediary offering its platform to advertise properties of Seller for a Customer/Buyer/User coming on its Website and is not and cannot be a party to or privy to or control in any manner any transactions between the Seller and the Customer/Buyer/User. All the offers and discounts on this Website have been extended by various Builder(s)/Developer(s) who have advertised their products. LetsDigg is only communicating the offers and not selling or rendering any of those products or services. Company is not responsible for any non-performance or breach of any contract entered into between Customer/Buyer/User and Sellers.
- Company cannot and does not guarantee that the concerned Customer/Buyer/User and/or Sellers will perform any transaction. At no time shall Company hold any right, title or interest over the products/services nor shall Company have any obligations or liabilities in respect of such contract entered into between Customer/Buyer/User and Sellers. It neither warrants nor is it making any representations with respect to offer(s) made on the site. LetsDigg shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller and both Seller and Customer/Buyer/User shall settle all such disputes without involving LetsDigg in any manner.
- If there is any dispute between the Users/participants on this Site, it is agreed upon by the Users/participants that Company has no obligation whatsoever to be involved in any such dispute/s. In the event that the User has a dispute with one or more User/s or/and participant/s, the User hereby undertakes not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the company or/and their officers or/and employees or/and agents or/and successors.
- In no case shall the Company, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service or any products, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
- YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES MAY BE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTIES’ / MERCHANTS’ SERVICES.
- WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES SO USE THEM AT YOUR OWN RISK. IF YOU USE THIRD-PARTY SERVICES ON THE COMPANY PLATFORM, YOU PERMIT US TO SEND YOUR DATA TO THOSE SERVICES. IF YOU USE THIRD-PARTY SERVICES YOU AGREE THAT WE DO NOT PROVIDE A WARRANTY, SO GET ADVICE BEFOREHAND.
- LetsDigg does not endorse any of the opportunities that appear on this website nor make any recommendations regarding the same to any Investor. Prospective investors are not to construe anything on the website as investment, business, legal or tax advice and the content contained herein does not constitute an offer by LetsDigg to sell, solicit or make an offer to buy an investment interest. Any information made available from our website or links to websites does not represent a solicitation of an offer to buy or sell any property. It also does not constitute an offer to provide investment advice, service or assistance on a particular investment or transaction. Direct and indirect purchase of real property involves significant risk and investments may lose value and are not insured by any Governmental Agency nor are they guaranteed by LetsDigg. It is the responsibility of the recipient to verify the integrity and authenticity of the information made available before making any investment.
XX. Limitation of Liability
- User 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 damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service 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 service, 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. User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall the Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to the Company, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non-fulfillment of the service/s on Company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc. against the Company for “Deficiency of service” under The Consumer Protection Act or any other Act/Rules, etc.
- Company shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by a third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
- Company shall not be responsible for any malfunctioning, or non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the LetsDigg on your mobile phone.
User hereby releases and indemnifies, or at its option and settles any third-party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site, and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company’s use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User’s representations and warranties made in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defence and settlement of such claim. The User may join in defence with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Letsdigg.in or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).
Grievance Redressal Mechanism: Any complaints, legal notices, abuse, or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the LetsDigg team through email to email@example.com
XXIII. Non-exclusive Remedy
Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
XXV. Entire Agreement
This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding the such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend however exclusively rests with the Company.
XXVI. Governing Law and Jurisdiction
It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between the Company and any User of the Service.
The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
All information of whatsoever nature received from the user is in good faith and is bona fide. The information is believed to be true/ correct and complies with the laws of the land.
This Agreement and any dispute or matter arising from incidental use of Letsdigg.in are governed by the laws of India and the User and Letsdigg.in hereby submit to the exclusive jurisdiction of the courts in Delhi, India without regard to its conflict of law provisions.
XXVII. Acknowledgment and Acceptance of Terms and Conditions
It is our constant endeavor to make Letsdigg.in an enjoyable and effective experience for all our users. If you observe material or behavior that may violate one of the LetsDigg Terms & Conditions, please write to us. This will go a long way in enhancing our service!
Company may through its various advertising campaigns collects information about the users. This information is voluntarily provided by the user and is collected in the database of Letsdigg.in. The information so collected in the database through these campaigns refers to the property details, email addresses, and names of the user. Letsdigg.in may use third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective users/buyers/sellers. The data collected is for the exclusive use of Letsdigg.in and the Company reserves its right to allow access to its clients for the purposes of purchasing and disposing of properties only, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by Company against the erring party, including indemnification for third party claims for damages.
XXIX. Content Disclaimer
The information and opinions available on this website/App are broad guidelines for general information only. They are solely intended to provide information on the general nature of the subject matter. The material on this website/App is not and should not be regarded as legal, financial, or real estate advice. Every effort is made to ensure that the material is accurate and up to date. However, we do not guarantee or warrant the accuracy, completeness, or currency of the information provided. Users should make their own inquiries and obtain independent professional advice before making any legal, financial, or real estate decisions. Letsdigg.in is not liable for any loss, special, indirect, or consequential damage, cost, or expenses incurred or which may arise, negligence, or other tortuous action for any reason whatsoever by any person using or relying on information in this product. Measurements, prices, and locations are approximate and no responsibility is taken for any error, omission, or misunderstanding in these particulars.
XXX. RERA Disclaimer
Project developers or builders and Real Estate Agents, are required to comply with rules, regulations, and guidelines of the RERA Act 2016 and obtain necessary registration under the said Act. It is mandatory for Project developers or builders and Real Estate Agents to disclose on the Site, all material and requisite information as required under the Act. We do not guarantee that Project(s) and Real Estate Agents have registered under the Act or are compliant with the same. In no event will the Company be liable for any claim made by the Users including seeking any cancellation for any of the inaccuracies in the information provided on this Site.
It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERA Act 2016) developed, built by a Developer/ Builder and/or initiated /referred to by a Real Estate Agent, before making any Buy/Sell or any other decisions.
LetsDigg makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability with respect to the information, services, or related information provided by Developer/Builder/Real Estate Agent/Promoter on its Site with respect to any property or project.