USER AGREEMENT AND TERMS OF SERVICE
Please read the terms and conditions of this User Agreement carefully. This agreement constitutes a legally binding and enforceable agreement between you and Twelve Infinity (Private) Limited, a company incorporated and existing in Sri Lanka located at 2nd Floor, McLarens Building, No. 123, Bauddhaloka Mawatha, Colombo 4, Sri Lanka, the owner and operator of the mahasrealestate.com website. This Agreement governs the terms and conditions subject to which you may use the Website and the Services provided by Twelve Infinity (Private) Limited through the Website.
The terms and conditions contained herein may be amended from time to time with or without notice to you. Whenever this User Agreement is amended, the revised version of the User Agreement will be posted on our Website and when you click on the ‘Terms’ link you will be directed to such revised version of the User Agreement. You should therefore read this User Agreement periodically so as to keep yourself updated with the terms and conditions applicable to the Services in force at any given time. Your acceptance of the terms and conditions includes acceptance of any amendments to such terms and conditions done from time to time.
mahasrealestate.com provides a platform to buy, sell or rent properties in Sri Lanka. Sellers and persons looking to rent or lease their properties may, subject to this User Agreement and the Listing Terms, list their properties on the Website for sale or rent/lease. Buyers and those looking to rent or lease properties are, subject to this User Agreement, provided with assistance in their search for suitable properties.
1.2 Eligibility – To be eligible to use the Services, you must be at least 18 years old.
1.3 Information – In order to use the Services, you must provide us with correct and up-to-date Information. You will be required to provide this Information at the time you fill-in and submit the Online Form for the Services.
(b) Primary e-mail. At the time of registration, you will be required to provide an e-mail address which will function as your primary e-mail address when we communicate with you electronically. It is your responsibility to keep your primary email address up to date and operational at all times. You understand, acknowledge and agree that if we send you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you effectively.
2. LISTING OF PROPERTIES
Properties for sale or rent/lease may be listed on the Website subject to this User Agreement and the Listing Terms which you can access here. We will be entitled to a commission [as provided for in the Listing Terms] on a successful close of a transaction in respect of your property with a buyer/renter/lessee introduced by us.
3. BUYING, RENTING OR LEASING PROPERTIES THROUGH THE WEBSITE
3.1.1 We will endeavour to find you a property for purchase, rent or lease based on your requirements through the Website or otherwise.
3.1.2 If you are interested in a property listed on the Website or otherwise identified by us, we will introduce or refer you to the seller or person who is renting/leasing out the property [as the case may be].
3.1.3 You are free to negotiate the sale price or rental [as the case may be] and the other applicable terms and conditions with regard to the contract for sale or rent/lease. We may however, at your request or at the request of the seller/renter/lessor of the property, and the consent of all parties, facilitate the negotiation process.
3.1.4 We do not get involved in the due diligence, title search or legal documentation process, and it will be solely your responsibility to independently carry out the necessary due diligence and title verification in respect of the property prior to concluding a contract in respect of same. You should retain at your cost the services of qualified professionals for this purpose.
You acknowledge that we do not carry out an independent verification of the truth, accuracy or adequacy of Content in respect of properties listed on the Website and that, in particular, we do not verify the right, title, or interest of the lister to the property or his right to sell, rent or lease the property. We take no responsibility and assume no liability for the Content of any listing on our Website and make no warranty, guarantee or representation in respect of any listing on the Website.
4.1 Content – All Content submitted by you for the purposes of using the Services belongs to you [subject to any third party rights in respect of such content and/or data or information included in such content]. You grant us permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the Content you submit to us solely as required for the purpose of providing the Services to you.
4.2 Responsibility for Content – You shall be solely responsible for the Content and all data and information contained therein submitted by you to the Website and the consequences of its transmission or publication. Any Content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. Any Content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such Content for any purpose, without the express written consent of the person who owns the rights to such Content. In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner.
Further, by making any Content available in the manner aforementioned, you expressly agree that we will have the right to block access to or remove such Content made available by you if we receive complaints concerning any illegality or infringement of third party rights in or by such content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by us for this purpose.
5. RESTRICTIONS ON USE
You agree to not use the Services (i) for illegal purposes; (ii) for the transmission of material that is unlawful, defamatory, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code; (iii) in a manner that infringes or may infringe intellectual property or other rights of another; (iv) for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email; (v) in a manner that could damage, compromise, over-burden or otherwise impede the proper functioning of our systems, servers or resources. You shall also not use any false identity to mislead any person. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity or you have otherwise breached this User Agreement.
6. OUR RIGHTS AND LIABILITIES
6.1 We reserve the right to suspend and/or cancel and/or modify and/or withdraw, temporarily or permanently, the Services and/or the Application (or any part thereof) with or without notice to you and you agree and acknowledge that we shall not be liable to you or any third party for any modification to or withdrawal of the Services and/or the Application.
6.2 We do not warrant an error free or uninterrupted performance of Website or the Services and/or any part or feature of the Website or the Services.
6.3 We will use all reasonable endeavours to maintain the Website and the Services and keep same operational so as to provide you with an uninterrupted service. However, there may be situations that render the Website and/or the Services and/or any part or feature thereof temporarily not operational due to reasons beyond our control and/or where we may be compelled to take the Website and/or the Services and/or any part or feature thereof offline and/or interrupt the Services or any part or feature thereof for, inter alia, maintenance, rectification or updating. In such event we will use our best endeavours to keep you informed and updated of the operational status of the Website and the Services so as to minimise any inconvenience to you. However, notwithstanding anything to the contrary contained elsewhere in this Agreement, we shall not be liable to you and/or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising from or attributable or incidental to the Website and/or the Services and/or any part or feature of the Website or the Services being offline and/or not operational and/or taken down and/or suspended and/or inaccessible and/or interrupted and/or due to any error in the Website or the Services due to any reason whatsoever even if we had been advised of the possibility of such damages.
6.4 We act only as an intermediary between persons intent on selling, renting or leasing out their properties and persons looking to purchase, rent or lease properties. We are not parties to and will not assume any liability under any contract negotiated or concluded in respect of any property. We will not mediate or otherwise get involved in any dispute between such persons even if the introduction/referral has been done by us.
7. GENERAL TERMS
7.1 Limitation of liability – IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TOO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ANY EVENT, AND WITHOUT PREJUDICE TO THE FOREGOING, THE ABSOLUTE MAXIMUM EXTENT OF OUR LIABILITY TOWARDS YOU IN RESPECT OF ANY SERVICE SHALL BE THE FEES PAID BY YOU FOR SUCH SERVICE.
7.2 No Warranty – THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. 12THDOOR, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7.3 Indemnification – You agree to defend, indemnify and hold us, our affiliates and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including reasonable attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your breach of this Agreement and/or use of the Services.
7.5 Assignment – You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
7.6 No Waiver – Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.
8. INTELLECTUAL PROPERTY
The names ‘Mahas’ and ‘Mahas Real Estate’, Mahas logo and all names and logos associated with the Services are trademarks of Twelve Infinity (Private) Limited, and you agree that you will not display or use in any manner any such trademarks without our prior express consent.
The appropriate Courts of Colombo, Sri Lanka shall have jurisdiction to hear and determine any matter arising from this User Agreement.
10. GOVERNING LAW
This User Agreement shall be governed by and construed in accordance with the laws of Sri Lanka.
• “Content” means any and all content, information or data [including, but not limited to, all information pertaining to user identity, the identity, nature, specifications and location of any property including geolocation data, photographs, videos and brochures] provided by a user of the Website or Services for the purposes of obtaining the Services and using the Website and includes a property listing and all content, information and data included in such listing
• “Listing Terms” mean the terms and conditions subject to which we agree to list properties on the Website
• “Service” or “Services” means all our products and services and any other features, technologies and/or functionalities offered by us on our Website or through any other means.
• “we,” “us” or “our” means Twelve Infinity (Private) Limited
• “Website” means the www.mahasrealestate.com website