1. General Terms and Conditions
1.1 The www.diyagreencity.com website ("this website") provides a platform for facilitating efficient and hassle free transfer of Registration Amount through Net Banking and other Online Payment Methods.
1.2 Your access to this website is subject to Terms and Conditions contained on this website. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the "website"), you acknowledge and agree to have read, understood and agreed to the Terms and Conditions.
1.4 By using the Website for any purpose and in any manner including general browsing, response/feedback, availing of services or downloading content, it is presumed that you have read and understood and have agreed to abide by and be governed by the terms and conditions set forth herein (“Terms and Conditions”) read along with any other terms and conditions governing the use of the Website including linked sites.
1.5 If you do not agree to be governed by the website Terms and Conditions, you are requested not to use the Website.
2. Scope of our Service
2.1 Through the website, we Diya GreenCity Pvt. Ltd. and its subsidiary companies (hereinafter collectively referred to as Diya GreenCity) provide an online platform through which net banking and other payment methods can be availed for payment of due consideration amount.
2.2 Diya Greencity does not make any assurance or guarantee that the Website will operate continuously or be error free. Diya Greencity does not guarantee or warrant that the Website or any link to the Website will be free from viruses and other destructive agents and will not be liable for any interference or damage to your computer system in connection with your use of the Website and any link to the Website. You must take your own precautions to ensure that your computer and its operating system has the necessary technical specifications and safeguards for use of the Website.
3. No alteration
3.1 You agree not to transfer, or attempt to transfer, any material, viruses or code to the Diya Greencity's site that could cause damage or harm to the site or in any way impede the security of Diya Greencity's site. You may not attempt to alter the Diya Greencity's site.
3.2 You shall use the website only for lawful purposes and in accordance with the Website Terms and Conditions. You shall be completely and solely responsible and liable for any charges, taxes, duties, fees and any other charges that arise in connection with your use of the Website. You shall not in any manner interfere with the software or any other technical aspect of the Website or use the Website in any manner that could disrupt, damage, disable, or adversely affect any server of Diya Greencity or any networks or operating systems connected to the server of Diya Greencity. You shall also not use the Website in a manner that interferes with or impedes the use of the Website by other users. You shall not attempt to gain access to the Website through unethical and/or illegal means including hacking. You shall not attempt to alter the contents of the Website in any manner or post or attempt to post any abusive or defamatory content on the Website.
3.3 The Website is solely for your personal non-commercial use and you must ensure that your use of the Website is exclusively for this purpose. Diya Greencity only grants you a non-exclusive, non- transferable, limited right to use the Website. You shall not claim any other right in respect of the Website. You shall also not have any right or license to use any of the trademarks of Diya Greencity that may be contained on the Website. You shall not reproduce, copy, modify, distribute, publish, license, transmit, display, commercialise, transfer or sell or deal with the information and/or content of the Website in any other manner. You shall not create any derivative work from any information or content appearing on the Website or any part of it. Diya Greencity may withdraw access to the Website at any time at its discretion without offering any reason or notice whatsoever.
4. User of Site.
4.1 The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site.
4.2 The Website, the information and software therein are made available to you on an “as is” basis by Diya Greencity without any warranty, express or implied, of any kind including but not limited to Diya Greencity shall under no circumstance and in no event be responsible or liable for any loss or damage (direct, indirect, special, consequential, incidental or otherwise, whether by way of loss of profits or loss of business opportunity, business interruption or loss of information or data or programs), arising in any manner whatsoever whether in contract, law, tort, or any other basis, that you may suffer out of your use of the Website and/or your reliance on the Website and/or any information therein.
4.3 You agree that you will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) etc.
5. Intellectual Proprietary Rights Information.
5.1 The trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered Trademarks of DIYA GREENCITY PVT. LTD, its respective group companies and various third parties. Any reproduction or use of any of the contents of this Site is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks of DIYA GREENCITY or such other party that may own the Trademarks.
5.2 This Site contains and references trademarks, technologies, processes or other proprietary rights of DIYA GREENCITY and/or other parties. No license or right to or in any such trademarks, technologies, processes and other proprietary rights of DIYA GREENCITY and/or other parties is granted to or conferred upon you. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted.
5.3 This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed, except that you may download, display and print one copy of the materials presented on this Site on a single computer for your personal, non-commercial use only. Unauthorized user of this Site and/or the materials contained on this Site may violate applicable laws. The use of such materials on any other web site is strictly prohibited.
6. Linked Web Sites
6.1 This Site includes links to other web sites. DIYA GREENCITY has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates DIYA GREENCITY endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site.
7. Refund and Cancellation Policy.
7.1 The procedure to apply for Flats in Diya GreenCity involves the first step of payment of Registration Amount along with the Application Form. This Registration amount can be paid both through Online or Offline Modes of Payment. The www.diyagreencity.com website ("this website") provides a platform for facilitating efficient and hassle free transfer of Registration Amount through Online Payment Methods. If an applicant cancels/returns the Flat within 30 days from the date of payment of Registration Amount, then 25% of the registration amount shall be forfeited and the balance Registration Amount shall be refunded without any interest. A written and signed Application for Cancellation and ID Proof(s) of the Applicant will have to be submitted for the Cancellation Request along with all the Original Documents & Payment Receipts. The refund, if any applicable would be paid directly by Diya GreenCity to the Applicant through Demand Draft/Cheque payable in the name of the Applicant and Account Number as specifically mentioned by the Applicant in the Application Form. Hence, the Payment Gateway would not be liable for making any refund to the customer, and the liability for refund would be solely of the merchant, Diya GreenCity.
7.2 In Order to continue with the Flat, the Applicant pays a total sum of Allotment Money, which is 10% of the total Price of the Flat, within 30 days from the date of payment of Registration Amount. If an Applicant does not pay Allotment Money within 30 days’ time or his Allotment of Flat is terminated / forfeited due to Non Payment of Allotment Money and the Applicant cancels/returns the Flat thereafter, then Full Registration amount shall be forfeited.
8.1 You agree to keep indemnified Diya Greencity against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of the terms of this agreement.
8.2 If you breach any of the Website Terms and Conditions or any law or do any act or deed that affects the rights of third parties, Diya Greencity reserves the right to terminate your right to use the Website forthwith without any notice to you. The provisions of the Website Terms and Conditions shall survive any such termination. You shall also be liable to indemnify Diya Greencity, its subsidiaries, affiliates, associates, directors, officers, agents and employees and defend and hold them harmless from any claim or demand or action arising out of any such breach by you. In case Diya Greencity fails to act with respect to a breach by you or any other party or uses, such failure shall not constitute a waiver nor shall it preclude Diya Greencity from exercising its right to act in respect of subsequent breaches.
9. Limitation of Liabilty
9.1 In no event shall Diya Greencity, be liable to you or any other party for any loss or injury or any damages, either direct, indirect, special, incidental, consequential or otherwise resulting from or in any way connected to your use of this site; this limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery.
9.2 To the extent permitted by law, Diya Greencity will not be liable for any loss or damage caused to user's system etc. pursuant to user of this site.
9.3 The Website may contain links to other websites (“Linked Websites”). These links are provided only for convenience and information. Diya Greencity has no control over the content or the availability of Linked Websites and has not reviewed the information on the Linked Websites. ORL shall not be responsible or liable for any aspect of the Linked Websites including the content therein.
10. Governing Law and Jurisdiction
10.1 By accessing this website and obtaining the facilities, services offered through this website, you agree that the law of India shall govern such access and the provision of such facilities and services and you agree to submit to the exclusive jurisdiction of the Indian court.
10.2 If any of the Website Terms and Conditions are illegal or not enforceable, the same shall not affect the legality or enforceability of the remaining Website Terms and Conditions.
10.4 The Website Terms and Conditions shall be governed by the laws of India and the courts shall have exclusive jurisdiction in respect of any matter or dispute arising out of or in respect of the Website Terms and Conditions.