The domain name www.utopiakolkata.com (hereinafter referred to as “Website”) is owned by the Kolkata Heights Pvt. Ltd. (the “Group” or “we” or “our” or “us”, which expressions shall mean and include any entity of the Natural Group, Shivom Realty, and all its other affiliates, associates, joint ventures or related or connected entities, as applicable).
If you use the Website, you are responsible for maintaining the confidentiality of your password and account and any activity that occur in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password or suspect any unauthorized use of your password you should notify us by contacting us immediately at [•] and/or calling us on [•]. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability whatsoever.
You also agree and confirm that you will:
(i) provide accurate, current and complete information to us (“Shared Data”).
(iii) indemnify and keep us indemnified from and against all claims resulting from the use of any detail/information/ Shared Data that you post and/or supply to us. We shall be entitled to remove any such detail/information/ Shared Data posted by you without any prior information.
(iv) in order to ensure that we are not violating any right that you might have in your Shared Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Shared Data, in any media now or in future known, with respect to your Shared Data solely to enable us to use such Shared Data you have supplied to us.
You understand and undertake that you shall be solely responsible for the Shared Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which you do not have any right to;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harms minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(ix) 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 to any other nation;
(x) creates liability for the Group or cause the Group to lose (in whole or in part) the services of the Group’s ISPs or other suppliers;
(xi) is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of ‘spam’ or solicitation; or
(xii) is illegal in any other way.
The User agrees and understands that the Group reserves the right to remove and/or edit such detail/information.
You shall not, directly or indirectly, attempt to gain unauthorized access to the Website, other Users’ account(s), computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
The User, by the act of logging onto the Website and/or submitting information to the Group (through the Website or through phone, fax or e-mail of the Group provided on the Website) is deemed to have consented to and has expressly/impliedly and irrevocably authorized the Group to use, reveal, analyze, display or transmit all information required by the Group. The User represents and warrants that all the information provided by him/her are true, correct and complete and if found to be untrue, incorrect or incomplete, the Group has the right to take any action it deems fit in relation to the particular circumstances without any limitations.
The User represents and warrants that he is fully aware of all the applicable laws particularly governing use, sale, lease, transfer of real estate and that the User is not violating or attempting to violate any applicable law.
The User is prohibited from using the Website in a manner that might damage, disable or overburden the Website. The User is further prohibited from obtaining any information through secondary means which is not available on the Website.
The information provided on the Website is an exclusive property of the Group and is protected by applicable intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute the same or any part of the Website without the express permission of the Group.
7.Jurisdiction and Applicable Law