Introduction

These Terms constitute a legally binding agreement (“Agreement“) between you and DeJino governing your access to and use of the DeJino website, including any subdomains thereof, and any other websites through which DeJino makes its services available (collectively, “Platform“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively,  “Services“). The Platform, Application and Services together are hereinafter collectively referred to as the “Platform/Portal”.

When these Terms mention “DeJino,” “we,” “us,” or “our,” it refers to the DeJino company you are contracting with having its registered office at _______________________________________ (hereinafter referred to as “DeJino”, “We”, “Us” or “Our”).

This document is an electronic record in terms of Information Technology Act, 2000 and Rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Merely A Platform

·  By using the Platform, Users agree to comply with and be legally bound by this T&C and become a registered User of the Platform. These T&C govern Users access to the Platform and use of the Platform and constitute a binding legal agreement between Users and DeJino. Accessing or otherwise using the Platform indicates Users agreement to all the terms and conditions under these T&C. So please read the T&C carefully before proceeding.

·  Users agree and acknowledge that through the Platform DeJino provides User with access to variety of resources, and services such as listing the User’s property for the purpose of rent/lease, posting User’s requirement for a house/property for rent/lease, facilitating lease/rental agreements, collecting monthly rent, collecting security deposit etc.

·  We reserve the right, at our sole discretion, to change, modify, add or remove portions of these T&C, at any time without any prior written notice to Users. It is User’s responsibility to review these T&C periodically for updates / changes. Users continued use of the Platform following the posting of changes will mean that Users accept and agree to the revisions. As long as Users as the case may be comply with these T&C, We grant Users a personal, non-exclusive, non-transferable, limited privilege to use and enter into the Platform. Users agree that Users use of the Platform shall be strictly governed by this T&C.

·  Our Platform and Services may have different features and offerings, so sometimes additional terms or requirements may apply to Users use of those features or offerings. If additional terms are available for the specific services of the Users use, those additional terms become part of these T&C.

Registration

·  The User to be entitled to use the Platform shall have completed the registration process as provided on the Platform. The registration process involves creating of a login id by following the link and signing up, after providing certain basic information about themselves as name, sex, email, age address, telephone etc., and accordingly create an account (“Account”).

·  Only after completing the registration process, a person becomes a registered User with DeJino who shall be entitled to use the Platform.

·  The Users understand and agree that DeJino may screen and verify the information provided by the User and at its sole discretion, increase the amount or number of information for the registration process and may ask for further information even after registration process. DeJino may in its sole discretion, close the account of any User, if any information provided is found to be false or the information provided is not sufficient.

·  You shall ensure that the registration data provided by You must be accurate, complete, current and true. We shall bear no liability for false, incomplete, old or incorrect registration data provided by You.

·  You hereby expressly consent to receive communications from Us through Your registered phone number and/or e-mail id. You consent to be contacted by Us via phone calls/SMS notifications. You agree that any communication so received by You from Us will not amount to spam, unsolicited communication or a violation by Us.

·  You are solely responsible for maintaining the confidentiality of Your registration data and will be liable for all activities and transactions that occur through Your account, whether initiated by You or any Third Party. The password and other details of the account should not be shared with any Third Party. Your account is non-transferable and is not capable of being sold to a Third Party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.

·  In the event of any change in the said information, You agree to promptly update Your account information to ensure that the communications We intend to send to You are promptly delivered to You and are not sent to any other entity/third party.

·  We reserve the right to suspend or terminate Your account with immediate effect and for an indefinite period, if We have a reason to believe that the registration data or any other data provided by You is incorrect or false, or that the security of Your account has been compromised in any way.

·  We allow You to open only one account in association with registration data provided by You. In case of any unauthorized use of Your account please immediately reach Us at the Email: _____________. In case, You are unable to access Your account please inform Us at Email: _____.in and make a written request for blocking Your account. We will not be liable for any unauthorized transactions made through Your account prior to You making a request in writing for blocking and We shall require at least 72 (Seventy Two) hours to process your request unless in case of force majeure events which are beyond Our reasonable control.

Using The Portal

The Users agree to receive email/sms/phone calls/letters from Us/ other registered Users (as the case may be) in order to use the Platform and avail Services provided by Us. The Users agree that Our services under the Platform are non-transferrable. The Users agree that We may put further terms and conditions in relation to the use of our Portal. We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform. If a User is dissatisfied with the Portal, User’s sole remedy is to discontinue using the Platform. If We determine that You have provided fraudulent, inaccurate, or incomplete information, including through feedback, We reserve the right to immediately suspend your access to the Platform or any of your Accounts with Us. You shall be liable to indemnify DeJino for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected DeJino. The Platform is provided by DeJino on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). DeJino does not provide or make any representation, warranty or guarantee, express or implied about Platform or Services. DeJino does not guarantee the accuracy or completeness of any content available on the Platform. To the fullest extent permitted by Applicable Law, DeJino disclaims all liability arising out of the Users use or reliance upon the Platform, the Services, representations and warranties made by Users, the content or information provided by the Users on the Portal. This disclaimer of liability applies to any damages or injury caused by any failure of performance error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action. User specifically acknowledges that DeJino is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with the User. In addition to the terms set forth above, DeJino , nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in the information contained within the website, or for any other claims or losses arising therefrom or occasioned thereby. The Platform may be linked to the website of third parties, affiliates and business partners. DeJino has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through its Platform. Inclusion of any link on the Platform does not imply that DeJino endorses the linked site. Users may use the links and the Services at their own risk. DeJino reserves the right to store, share and display the information provided by the User in accordance with its Privacy Policy.

You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Platform and Services. In connection with Your use of the Platform and the Services You may not and You agree that You will not:

1.      Violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, tax regulations;

2.      Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Platform;

3.      Use the Platform for any commercial or other purposes that are not expressly permitted by these T&C or in a manner that falsely implies DeJino’s endorsement, partnership or otherwise misleads others as to Your affiliation with DeJino;

4.      Dilute, tarnish or otherwise harm the DeJino’s brand in any way, including through unauthorized use of Data, registering and/or using DeJino or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to DeJino domains, trademarks, taglines, promotional campaigns or

5.      Infringe the rights of DeJino or the rights of any other person or entity, including without limitation, their Intellectual Property Rights, privacy, publicity or contractual right

6.      Interfere with or damage Platform or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

7.      Use Our Platform in connection with the distribution of unsolicited commercial email (“spam“) or advertisements unrelated to lodging in a private residence;

8.      “stalk” or harass any other User of Our Portal, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a User;

9.      Register for more than one Account or register for an Account on behalf of an individual other than Yourself;

10.  Engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of Our Platform or Platform Services;

11.  Post, upload, publish, submit or transmit any information that: (i) infringes, misappropriates or violates a Third Party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

12.  Systematically retrieve Data or other content from Our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

13.  Use, display, mirror or frame the Platform or any individual element within the Platform, DeJino’s name, any DeJino trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform without DeJino’s express written consent;

14.  Access, tamper with, or use non-public areas of the Platform or Platform Services, DeJino ‘s computer systems, or the technical delivery systems of DeJino ‘s providers;

15.  Attempt to probe, scan, or test the vulnerability of any DeJino system or network or breach any security or authentication measures;

16.  Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by DeJino or any of DeJino ‘s providers or any other Third Party (including another User) to protect the Platform and Platform Services.

17.  It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to. It also is possible for others to obtain information about You due to Your use of the Portal, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized use, but by using the Platform You acknowledge and agree that We are not responsible for the use of any information that You publicly disclose or share with others on the Portal. Please carefully select the type of information that You publicly disclose or share with others on the Portal.

18.  You will compensate and defend Us fully against any claims or legal proceedings brought against Us by Third Parties or any other person as a result of Your actions and/or breach of these T&C.

19.  DeJino has the right to investigate and prosecute violations of any of the above. In addition, and as set in these T&C, DeJino may take a range of actions against You, including but not limited to deactivating or cancelling Your Account, for a violation of these T&C.

20.  DeJino may access, preserve and disclose any of Your information and User Content if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against DeJino or to comply with legal process (for example, summons or warrants), (ii) enforce or administer Our agreements with users, such as these T&C, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of DeJino, its Users, or members of the public.

Eligibility

·  Use of the Services, through Portal, or by any other means, is available to persons who can under Applicable Laws in India and can enter into a legally binding contract under Indian Contract Act, 1872, and/ or are not barred by any law for the time being in force. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Portal.

·  You must be 18 years of age or older to register, in addition to being duly qualified for the intended use of the Services in any manner. By registering and using the Platform or accepting this T&C, you represent and warrant to DeJino that you are 18 years of age or older, and that you have the right, authority and capacity to use the Platform and the Services available through the Portal. In case of minor the parent or guardian can do registration on his/her behalf.

·  You may avail the Services only if You fulfill the conditions as mentioned in this Clause. If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.

·  You acknowledge that We rely completely on the information provided by You and We shall not be held liable if You or anyone who uses Your account to access the Platform Services on the Platform is not Eligible to use the same.

·  We reserve the right to refuse, restrict, suspend, limit or terminate any or all Platform Services provided to any User at any time for any reason. User/ Users who violate any of provisions of this T&C will have their access blocked/ members if applicable revoked and/ or be excluded from Our network.

License To Use

·  DeJino by way of its Services and Your use of the Platform provides a nonexclusive, revocable, non-assignable license to use the Platform of DeJino.

·  The rights granted under the Platform by Us to You are personal in nature and character and therefore You are not permitted without the prior consent in writing from Us, to assign, transfer or grant any sub – license to, or otherwise dispose of the whole or any part of Your right, title, and interest in respect of this Platform to any Third Party.

Platform Availability

·  DeJino shall not be held responsible for non-availability of the Platform and Platform Services during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond DeJino’s control.

·  We do not commit to ensuring that, the Platform will be available at any particular time.

·  While We shall make best endeavours to ensure proper functioning of the Portal, You shall not hold Us liable for any loss, inconvenience suffered due to unavailability of features or Platform Services provided on the Portal.

Restrictions On Use

·  As a condition of your access to and use of the Portal, you agree that you will comply with all Applicable Laws and regulations when using the Portal.

·  You agree to use the Platform solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Data, services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Portal, and (b) you will not copy, reproduce, download, compile or otherwise use any content or Data for the purposes of operating a business that competes with DeJino, or otherwise commercially exploiting the content. Systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DeJino is prohibited. Use of any content Data or materials on the Platform for any purpose not expressly permitted in this T & C is prohibited.

·  You must read the Privacy Policy on the Website which governs the protection and use of personal information about Users in the possession of DeJino and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

·  You agree not to undertake any action to undermine the integrity of the computer systems or networks of the Platform and/or any other User nor to gain unauthorized access to such computer systems or networks.

·  You agree not to undertake any action which may undermine the integrity of the Portal’s feedback system.

·  By posting or displaying any information, content or material required for registration and creation of an Account; or in the event any data, files pertaining to You are uploaded on the Platform in lieu of any new services/features made available to You in future (“User Content”), You agree to grant Us an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to DeJino  to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Portal. You confirm and warrant to DeJino that you have all the rights, power and authority necessary to grant the above license.

·  You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder as applicable and as amended from time to time and also all Applicable Laws, domestic laws, rules and regulations statutes, ordinances and regulations regarding Your use of Our service.

·  We reserve the right, but have no obligation, to monitor the materials posted on the Portal. We shall have the right to remove or edit any content that in Our sole discretion violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of this T & C.