Terms & Conditions

The website, www.omsaiglobal.com (“Site”) is an electronic web-based platform acting in the capacity of a search engine or advertising agency only, for exchanging, exploring and enhancing business online for real estate, housing and property in India. It is owned and managed by OM SAI GLOBAL ASHIANA PVT. LTD. (“Company”) with its registered office at Lotus Boulevard Sector 100, Noida, Uttar Pradesh 201301.

Any and all use of this website is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions (“Terms”). It is mandatory for all Users of the Site to have read carefully, fully understood, and be in total agreement to the below-mentioned Terms before they proceed to use any of the services of the Site (“Services”). The Services are available only to those individuals, firms, or companies who can form legally binding contracts under Indian laws. OM SAI GLOBAL ASHIANA PVT. LTD may amend these Terms of Use at any time by posting the amended version on this site. Such an amended version shall automatically be effective upon its posting on this site.

DEFINITION CLAUSE:-

User: For purposes of this Agreement, a “User” is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with omsaiglobal.com as a registered User or whether said User is a paying User for a specific service provided by omsaiglobal.com. A User includes the person using this Site and any legal entity that may be represented by such person under actual or apparent authority.

Un-Authorized User: – Any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorized User’ and will be subject to the terms and conditions, and expressly so concerning respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.

Free Services: Any person/entity that joins the portal omsaiglobal.com just with the intention to enlist his listing and showcase his business online without availing any specialized services thereto.

Paid Services: Access to the Site and certain features are provided to all Users free of charge. However, the Site reserves the right, without prior notice, to restrict access to certain areas or features of the Site (“Paid Services”) to paying Users or Users who undergo a specific registration process. Access to and use of these Paid Services is governed by additional terms and conditions under separate agreements in addition to this Agreement.

The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder. By using the Site and its Services, the Users represent and warrant that (a) All registration information submitted is truthful and accurate; (b) The User will maintain the accuracy of such information; (c) The User is 18 years of age or older; and (d) The use of the Site does not violate any applicable law or regulation. (e) The user’s profile may be deleted and his Membership may be terminated without warning if we believe that the user is in breach of any of the above terms. (f) In no event the Site will be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in an action of contract, negligence, or other tortuous action, arising out of or in connection with the use of the site.

That the Users agree to use this site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site. If any User/individual; /entity becomes aware of any inappropriate content by any User of this site, or otherwise please contact us by clicking on the “Feedback” link at the footer of every page.

The Site has no expertise in the domain of intellectual property rights of anyone. It is beyond our scope to verify that the User of the Site has posted ONLY products and services on which they have complete authorization/ownership/dealership / selling rights. As an INTERMEDIARY, our role is limited and in case you have any concern related to copyright infringement then we shall appreciate if the same is to be brought to our notice. The Site neither advocates/endorses such products that may be deemed to be infringing by the virtue of their being listed on the Site nor does it endorse the infringement by removing such listings.

The Site shall not be liable for any such information or data which is not within its knowledge/acknowledgment/contraventions/copyright issues committed by its Users and which is beyond the control of verification.

That the Site shall have sole discretion regarding deletion of his User’s classifieds/listing/if the same is found to be in contravention of the various copyright/intellectual property right rights of third party. That the present clause is in compliance with the INFORMATION TECHNOLOGY ACT 2000 and hence no discussion/argument shall be entertained in any case and in any circumstance.

This Agreement applies to each Paid Service (as defined below) in addition to any terms and conditions that may be applicable to such specific Paid Service provided, however, in the event of any conflict or inconsistency between any provision of the terms and conditions that may be applicable to such Paid Service and any provision of this Agreement, such conflict or inconsistency shall (except as otherwise expressly provided or agreed) be resolved in a manner favorable to omsaiglobal.com and/or its affiliates; and only to the extent that such conflict or inconsistency cannot be so resolved, the provisions of the terms and conditions applicable to such specific Paid Service shall prevail.

omsaiglobal.com. may amend this Agreement at any time by posting the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. Posting by omsaiglobal.com of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorized officer of omsaiglobal.com.

Membership is activated within 2 working days from the receipt of activation charges and is continued for the period for which the activation charges have been submitted, however, the Web pages are created as per the information/approval provided by the User and may take some time however no relaxation will be provided/allowed for the said period.

Users be aware that the servers belong to the third party and the continuation to access the services are subject to availability as the same is interrupted at times by technical problems /hackers etc. and omsaiglobal.com or the parent company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances. The Users are advised to spool the messages etc. offline and save them elsewhere in order to avoid any hacking or technical problems.

Membership charges are subject to revision and are at the discretion of the omsaiglobal.com.

The Weblink reserves their right to block or delete the webpage at any time without assigning any reason etc. and the User’s will have no claim or right whatsoever against Weblink under any circumstances.

Users agree to accept communications (through Calls/Chat/ Mails/SMS/Whatsapp) on the numbers made available during registration or subsequently, via registration forms, posting requirements, feedback or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include company / your number / an assigned point of contact; with respect to the subscribed services of omsaiglobal.com., OM SAI GLOBAL ASHIANA PVT. LTD.

USER’S OBLIGATIONS

• The User agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company in the application for Membership in order to use the Service. 
• The User will ensure that the data shared with omsaiglobal.com. doesn’t contain any fraudulent, false, misleading or manipulated facts.
• The User agrees to have/have acquired all the necessary rights and authorizations before posting any information on the Site including but not limited to listing information, property descriptions, photographs, maps, layouts, contact information, etc.
• In case a User is covered under the RERDA, it shall ensure all necessary compliance necessary, including but not limited to obtaining the necessary registrations, etc.
• The Site may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time.
• The User is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
• The User will comply with all notices or instructions given by the Company from time to time in respect of the use of the Service.
• The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
• The User is solely responsible for the maintenance of confidentiality of the login information.
• This would include the User’s password and Username and all activities and transmission performed by the User at omsaiglobal.com.
• The User will 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 will pay promptly the Subscription Fees as required by the Company from time to time.
• The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.

In case you choose to discontinue your association with us, you can unsubscribe/remove your account by completing the delisting procedure using the Remove Account link available in your folder.

PROPRIETARY RIGHTS IN CONTENT ON omsaiglobal.com.

omsaiglobal.com/owns and retains other proprietary rights in the site as well as the services. The Site contains the copyrighted material, trademarks, and other proprietary information of omsaiglobal.com. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, except for that information which is in the public domain or for which you have been given permission.

INTELLECTUAL PROPERTY RIGHTS

All logos, brands, trademarks, and registered marks (“Marks”) appearing in omsaiglobal.com are the properties either owned or used under license by the Company and/or its associates. All the rights accruing from the same, statutory or otherwise, and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.

The access to the Site does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.

PROHIBITED USE

• The User shall not put to use the Services offered by the Site in any manner that impairs the interests and functioning of the Site and which is non-compliant with laws and regulations including RERDA.
• The User will not allow any person other than the authorized person(s) named in the application form to use the Service.
• The User shall use the Service only for the purpose for which it is subscribed.
• The User will 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 to use the Service for any unlawful purpose including without limitation criminal purposes.
• The User shall not to use the Service to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an offensive, vulgar, obscene, malicious or menacing nature.
• The User shall be prohibited in persistently sending messages or make postings on omsaiglobal.com. to any other User or third party who accesses omsaiglobal.com. without reasonable cause or for causing any peril, harassment, annoyance, irritation, or anxiety to any person.
• The User is prohibited from introducing, uploading, post, distributing, publish or transmitting any information or software that:
  • Contains a virus, worm or another harmful component into the Internet or omsaiglobal.com. network system.
  • Breaches on any intellectual property rights of any person or retains information in any computer system or otherwise with such intention.
  • Is unlawful, or which may potentially be perceived as being abusive, defamatory, libelous, harmful, threatening, harassing, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
  • Is meant to mislead or deceive the other Users
  • Infringes any trademark, patent, or copyright rights
• Omsaiglobal.com doesn’t allow registration/transactions by any member/user that has direct or indirect involvement in any sanctioned countries/territories (Cuba, Iran, Syria, North Korea / Democratic People’s Republic of Korea, Crimea and Sevastopol / Crimean Autonomous Republic) as per sanctions laws imposed by UN, US, UK, EU or any other Government and/or Regulatory authorities.

In the event of a violation of any of the above-mentioned covenants by the User, and the same comes to the Company’s knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity, that leads to the said violations, and in the event the User continues with such activity, the Company has the sole authority to terminate or suspend the membership at omsaiglobal.com and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the User.

COPYRIGHT POLICY

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the omsaiglobal.com service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.omsaiglobal.com.’s Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the address located under the Contact Us section on the site.

CONFIDENTIALITY

• As omsaiglobal.com. is an online platform so it cannot guarantee the confidentiality of information provided by Users who use the Site, so any breach in privacy due to technical fault or any other means is not the responsibility of omsaiglobal.com.

• The User is entitled access to his own data and information stored in the database at omsaiglobal.com (subject to prior confirmation of identity) and may edit or amend such data and information at any time.

• The Users need to be aware that when they voluntarily reveal identification oriented information (name, e-mail address) to anyone resulting in unsolicited messages from third parties then such interaction is beyond the control and liability of omsaiglobal.com

• omsaiglobal.com is liable to share all information available with it in response to any legal proceedings including and not restricted to court orders, notices, subpoena, FIR etc.

The copyright, know-how or any other related intellectual property to the Service or omsaiglobal.com  shall be the sole and exclusive property of the Company. In the event the User has contributed any content to omsaiglobal.com in any manner whatsoever, the intellectual property of the same shall stand automatically assigned to the Company and the User shall have no right or claim over the same. In the event 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 can be construed to be an infringement of the intellectual property belonging to the Company and the Company shall have the right to legal recourse in this regard.