TERMS AND CONDITIONS

Terms & Conditions

SELLERS

I. INTRODUCTION

Luxury Bloom provides an online platform for sale, purchase, rental and leasehold of luxury real estate property via classified advertisements, regular columns and premium services on the website named www.luxurybloom.com (“Luxury Bloom”).
Luxury Bloom is a convenient online medium for developers, builders, owners and ultimate consumers to browse, identify, interact and transact in property.

II. USERS

Use of services of Luxury Bloom includes browsing the website and its content, posting comments or content or responding to any advertisements or content on the website.
Use of services of Luxury Bloom includes browsing the website and its content, posting comments or content or responding to any advertisements or content on the website.
For all purposes, Luxury Bloom identifies two types of users who may participate over the website, i.e. (a) prospective buyers or tenants or lessees and (b) prospective sellers, owners or lessors of luxury real estate property. Accordingly, two separate and exclusive Agreements intended for users who are prospective buyers, tenants or lessees and for users who are prospective sellers, owners or lessors, each inclusive of separate terms and conditions, are appended herein for benefit. However, do note that a user can be a seller/owner/lessor in one transaction and a buyer/tenant/lessee in another transaction and hence will be governed by both Agreements herein, as the situation demands. Further, a user is not required to maintain two separate accounts for sale and purchase respectively and can transact via a single user account over Luxury Bloom.
Additionally, actual sale or purchase or related transfer does not have to take place for the actions to be governed by these Agreements, mere creation of user profile is sufficient and the user is automatically governed by the Agreements.

III. GENERAL TERMS

These terms and conditions along with privacy policy constitute the User Agreement for Sellers, Owners and Lessors (“Agreement”) which governs sale, rentals and leasehold of listed property over Luxury Bloom. All such users will be bound by the Agreement. The access to the website is restricted to those sellers who create a user profile with Luxury Bloom and who may subsequently post offers for via Luxury Bloom.
A separate User Agreement for Buyers, Tenants and Lessees is appended to this Agreement which is inclusive of those users who intend to use Luxury Bloom to purchase/seeking rentals or lease of property. However, please read both the Agreements conjointly before using the services on the website.
By visiting and/or using Luxury Bloom you have agreed to comply and be bound by this Agreement.
Luxury Bloom’s services are very diverse and so from time to time, we may incorporate additional terms or modify the existing terms, with or without notice, and the additional terms or requirements should be read as a part of this Agreement. It will be your responsibility to comply with the latest terms and conditions.
PLEASE READ THE AGREEMENT CAREFULLY. WE ADVISE YOU TO REGUARLY READ THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE LUXURY BLOOM.
PLEASE READ THE AGREEMENT CAREFULLY. WE ADVISE YOU TO REGUARLY READ THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE LUXURY BLOOM.

IV. ACCEPTABLE USE

We may restrict, suspend or terminate the access to the website or its services, at our sole discretion, if we find that you are not complying with the Agreement.
Luxury Bloom contains certain material that is owned by or is licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the website. Reproduction of the same is prohibited other than in accordance with copyright notice, which forms part of this Agreement. Using our services does not give you the ownership of intellectual property rights in Luxury Bloom’s services or in the content accessed by you. All trademarks reproduced in Luxury Bloom, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website shall be a criminal offence and may give rise to a claim of damages.

V. LISTINGS

You agree not to submit any information about your listing, including but not limited to, photographs, description and other material without due diligence. The property being listed shall be free from any encumbrance and you shall make full disclosure about all material particulars. A user account may be terminated and/or suspended, at our sole discretion.
You agree not to list or otherwise upload any content that violates any law or causes unwarranted interruption or load on the server or include links to third party websites, or advertise illegal services which are prohibited or restricted by any law in India or abroad, or contain software viruses, or employ misleading e-mail addresses or perform any act that is deceiving or misleading or list the same item several times in several networks to create multiple classifieds and cross claims.
You agree to respect the privacy of other users on Luxury Bloom. In no circumstance, unsolicited e-mails, spam or junk or regular mail or other mode of communications shall be exploited to reach a user/s of Luxury Bloom by you.
Luxury Bloom reserves the right over the mode and manner in which the listing submitted is displayed. Notwithstanding anything contained in this Agreement, Luxury Bloom may enter into private agreements with third parties for advertising and/or exclusive marketing.

VI. SUBSCRIPTION

Listings on Luxury Bloom shall be uploaded by a user via his/her/it’s user account for which Luxury Bloom charges a specific subscription fee, depending on the nature of subscription. However, classifieds section of Luxury Bloom is free for all users. User of subscribed services shall be entitled to list their property in a designated area of the website, however the same has to be in compliance with the terms and conditions of the website. Luxury Bloom shall hold a prerogative on the content displayed on the website and our decision in this regard shall be final.
Any subscription fees paid hereunder are non-refundable in any event.
Your subscription to Luxury Bloom is for your sole use. You may not authorize others to use your subscription and you may not assign or transfer your account to any other person or entity.

VII.GUARANTEES AND WARRANTIES

Users who are listing products over Luxury Bloom shall guarantee that they are duly authorized to do so and that all information provided by them is accurate. LUXURY BLOOM DOES NOT CONDUCT ANY DUE DILIGENCE OVER THE LISTINGS AND CANNOT BE MADE LIABLLE FOR ANY NEGATIVE CLAIM ARISING THEREFROM.
Luxury Bloom is not a party to any transaction that takes place over the website, and has no control over the elements of the transaction or events connected thereto. Accordingly, Luxury Bloom shall not bear any liability or responsibility in regards to the same. By agreeing to this Agreement, the user acknowledges his/her/it’s risk in using the service.
Luxury Bloom does not guarantee sale or any outcome to the listing posted on the website whatsoever, and shall not be made liable for the same.

VIII. DISCLAIMER

Luxury Bloom or any third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise, including, but not limited to, implied warranties of fitness of a particular purpose, non-infringement of third party rights, completeness or accuracy of information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and contents.
By agreeing to this Agreement, you acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into transaction on the website. We shall neither be liable nor responsible for any actions or inactions of buyers/tenants/lessees and any breach of conditions, representations or warranties by them. We hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between the user and the buyer of the products.
At any time shall any right, title or interest in the products sold through or displayed on the website vest with us nor shall we have any obligations or liabilities in respect of any transactions on the website.
From time to time, Luxury Bloom may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website(s).
Luxury Bloom is controlled and operated from India. If the user accesses it from outside India, we owe no responsibility for compliance with applicable laws as existent internationally or in a foreign jurisdiction.

IX. THIRD PARTY SERVICES AND LIABILITY

Luxury Bloom shall not bear any responsibility for the services provided by any third parties to this agreement even if they are in association with our website.
You acknowledge that the website, www.luxuryBloom.com is developed and maintained by third parties to this Agreement. Any suspension or discontinuation of service due to reasons of low server connectivity, excess load on server and other technical reasons, is not attributed to Luxury Bloom and we bear no responsibility for the same.

X. PAYMENT

Payment options on the website shall include internet banking/credit or debit card and cash on delivery. Luxury Bloom shall not be liable for a failure in payment or non-receipt of payment. Luxury Bloom shall not bear responsibility or liability for any loss sustained or damage suffered by any party by reason of any disclosure (inadvertent or otherwise) of any information concerning the user’s account or information relating to online transactions or security of the said transactions. Luxury Bloom shall take reasonable care to transact in a secure online environment but shall not bear responsibility for any inadvertence, error, omission and inaccuracy whatsoever.

XI. EXTENT OF LIABILITY

In any event, the maximum extent of liability towards any party, either buying or selling or other transactions on the website or third parties whosoever, shall be limited to the price of the product as reflected on the website and not beyond.

XII. INDEMNITY AND RELEASE

You agree to indemnify and hold harmless Luxury Bloom vis-à-vis Luxury Portals Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable legal fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You agree to hereby expressly release Luxury vis-à-vis Luxury Portals Private Limited and/or its affiliates and/or any its officers and representations from any cost, damage, liability or other consequence of any of the actions/ inactions of buyers and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

XIII. TERMINATION

We may terminate our services on the website www.luxuryBloom.com without notice to parties thereto and cannot be held responsible for any negative circumstance that may occur as a result.

XIV. LAW AND JURISDICTION

This Agreement shall be governed and construed in accordance with the laws of Republic of India.

XV. DISPUTE RESOLUTION

Any dispute pertaining to this Agreement or arising therefrom or relating thereto will be subject to arbitration in the following terms:
If any party considers that they are entitled to any extra payment or compensation or any issue that may occur after the commencement of this Agreement, the said party shall raise the dispute by means of written notice to the other party within 30 days from the date of reasonable knowledge of issue. The said notice shall give full particulars of the claim, grounds on which it is based and other details. A party shall be deemed to have waived its claim if no such notice is served on the other party within 30 days from the date of reasonable knowledge of the issue.
After receipt of the above mentioned notice, if the parties have not reached a solution with 30 days of the service of the notice, either party shall refer dispute to a conciliatory authority in accordance with the Arbitration and Conciliation Act, 1996.
In the event that the conciliation proceedings are terminated without settlement of disputes after 30 days of reference, either party may invoke arbitration by adequate notice and all particular details to the other side.
It is a term of this Agreement that a person appointed by Luxury Bloom shall be the sole arbitrator to resolve the disputes.
It is a term of this Agreement that if any fees are payable to the arbitrator these shall be paid equally by both the parties.
The venue of arbitration shall be Hyderabad. All legal matters are to be dealt within the jurisdiction of civil Courts of Hyderabad.

BUYERS