Terms of Use

BhuMe: India's fastest Online Land Records App.

Welcome to BhuMe!

 

Please read these terms of use for the Platform (“Terms of Use”) which, together with the Privacy Policy, Cancellations and Refunds Policy and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively “Terms”). The Terms govern your use of the BhuMe platform www.BhuMe.in and/or the BhuMe mobile application (“Platform”), and the services offered therein.   

 

This Terms of Use (the “Agreement”) is a binding contract between you, an individual user (“you”), and BhuMe, Inc. (“BhuMe,” “we,” “us” or “our”), and governs your use of any website owned or operated by or on behalf of BhuMe, including https://www.Bhume.in/ (and all related subdomains) (“Platform”). BY ACCESSING OR USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN YOU MUST NOT ACCESS OR USE THE PLATFORM. If you are accessing the Platform on behalf of a business or corporate entity (each an “Organization”), then you hereby represent and warrant that you have the authority to bind that Organization and your acceptance of this Agreement will be treated as acceptance by the Organization. In that event, “User” (defined in Section 1.a) and “you” in this Agreement will refer to the Organization. You agree and acknowledge that (i) You are a User ; (ii) You have the authority to enter into these Terms; (iii) You have read all the Terms; and (iv) You agree to be bound by all the Terms. 

The terms and conditions contained in this Terms shall be accepted without modification. The continued access, browsing and use of the Platform and/or the Services would constitute acceptance of the terms and conditions of this Terms.

YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE CONDITIONS CONTAINED IN THIS TERMS, AND USE AND ACCESS OF THE PLATFORM AND AVAILING SERVICES SHALL BE SUBJECT TO THE TERMS.

Unless the context otherwise requires, “Users / You” means persons who have registered themselves on the Platform for availing the Services (as defined below) and all persons who use, access, browse and/or order the Services made available on the Platform in any manner and "Service Provider" means a company, partnership, proprietorship or any individual person engaged in the business of providing Legal, Engineering or Valuation Services and has agreed to provide such services to the User based on the details of the User provided to the Service Provider by the Company. However, the Service Provider is an independent service provider and is not an agent/employee of the Company and/or directly or indirectly related to the Company.

 

BhuMe may, at any time: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of the Terms in substance, or as to procedure or otherwise; in each case which will then be applicable to all Users. Such changes shall be made applicable when they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Terms by BhuMe shall be binding on You. BhuMe may also alter or remove any content from the Platform without notice. We will notify You through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact Your use of the Platform. Your continued use of the Platform following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by it. These Terms apply in addition to any other terms and conditions that BhuMe or its affiliated organizations may ask You to accept in relation to different activities or Services (defined below) offered to You through the Platform.  It is Your responsibility to review the Terms frequently for any updates / modifications to the Terms. 

 

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of the Platform 

 

Material Terms: As provided in greater detail in this Agreement (and without limiting the express language of this Agreement), you acknowledge the following:

You consent to the collection, use and disclosure of information in accordance with the BhuMe Privacy Policy https://www.Bhume.in/privacy-policy (“Privacy Policy”);

THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, BhuMe’s LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM IS LIMITED, AND YOU BEAR ALL RISKS ASSOCIATED WITH ANY INVESTMENTS THAT YOU MAKE BASED ON REPORTS THROUGH THE PLATFORM;

1.    Eligibility

 

a.     The Platform and/or the Services are available only to Users who can form legally binding contracts under Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform By using the Platform or the Services, You represent and warrant that: 

 

1. i.You are at least eighteen (18) years of age and are not disqualified from contracting by law; 
2. ii.You are entering into these Terms out of Your own free will and consent;  
3. iii.You are an Indian citizen and a legal resident of India; Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India .  

 

If a User is below, 18 years of age , it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or such person who is legal guardian under the applicable laws of India  (“Eligible Person”) and that such Eligible Person has read and agrees to the terms of this Terms on behalf of the User. Should BhuMe be made aware that a User is not of the legal age and is accessing, browsing and/or using the Platform without the supervision of an Eligible Person, BhuMe reserves the right to deactivate such User’s account without further notice. 

 

If you register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws. 

 

2.    Services

 

The Platform is an initiative to facilitate property related solutions to the Users. To make purchasing land and buildings easy, accessible and user friendly, the Platform provides Users with access to a rich collection of resources including curated content relating to the property verification eco-system, a marketplace for Users to connect with one another and with the Service Providers and various communications tools to get advice for all Your property related worries (collectively the "Service" or "Services"). All the Services are available on the Platform as well as BhuMe authorised stores (“Stores”). When You avail a Service through the Platform and/or Stores, You consent to be contacted by our authorised representatives and/or Service Providers in relation to the Service including by our customer support representatives. 

 

Some specific features of the Platform and details of Services include: 

 

a.    Service Providers

 

 i.BhuMe connects You to a wide range of Service Providers including but not limited to lawyers, engineers, valuers, any such third parties to provide assistance with home building. Platform carefully screens its Service Providers and onboards only those who have an impeccable service record in the industry. Platform continues and will continue to take utmost care in on-boarding Service Providers and monitoring their service quality as per the agreed terms; however, Platform cannot be directly held liable for any service quality guarantees.

 iii.Platform shall not be held responsible and cannot be a Party in case of any dispute between the User and the Service Provider and the User shall indemnify the Platform for any claim / liability on Platform in consequence of any such dispute between User and the Service Provider.

d.    Title Services

                            i.BhuMe offers certain Title check related services to Users through the Platform including Title Report and Title Search. All confidential information (including name, e-mail address, property address etc.) voluntarily revealed by the User is done at the sole discretion and risk of the User. User agrees for the Service Provider or their representatives to contact the User via phone, email or WhatsApp. Use of User's information is subject to the terms of Platform’s Privacy Policy. User hereby agrees that the Company reserves the right to change these terms and conditions at any point of time without notifying the User.

                              i.BhuMe offers certain Title related services to Users through the Platform including providing a Property Card Download, 7/12 Extract, 8A, Ferfar, Map download, E-chawadi. BhuMe makes no representation in relation to the correctness of these documents. The documents provided through the Title Search Services are merely obtained from respective online repositories of government websites. Users are advised to seek professional advice when using/relying upon documents shared through the Title Search services. BhuMe makes no representation that the documents suggested/provided through the Title Search Services are accurate or that they may hold up in a court of law. Users are responsible to ensure that the representations offered on the documents are legally correct. Further, when purchasing a property, Users may be required to obtain approvals and permissions from the relevant authorities and conduct feasibility checks, assessments, etc. Users should seek independent professional advice in relation to these aspects of purchasing property. Users are responsible to obtain verified documents from local authorities before proceeding with document registration. Any ambiguities/discrepancies in the documents provided by BhuMe must be brought to the notice of BhuMe and rectification for the same will be taken up at the earliest. 

                             ii.You can avail certain Title Report Services, more specifically, a detailed legal check through BhuMe provided by our Service Providers. Reports will be delivered through you via the Platform or delivered to your address at an additional cost. Platform is not liable for the accuracy of information contained in the Title Reports. User shall ensure to satisfy themselves with the information / report received from Service Provider in connection with the Title Report Services purchased on the Platform. If there are any issues or shortcoming in such information / report, the User can address it directly with the Service Provider, and the Platform shall also make best efforts to resolve the User concerns. However, the final responsibility to addressing these concerns rests with the Service Provider. Platform’s endeavour is to offer a great experience for the User. However, due to the nature of the services advertised, the Platform cannot be directly held liable for any quality grievances.

k. Content

 

                              i.Through the Platform, BhuMe assists its Users with property document download and verification.  Users can obtain information on the legal landscape in a particular region/locality including information on the relevant administrative offices, approvals for checklists and process documents. Any information contained on the Platform or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. Users understand that they should not act or refrain from acting on the basis of any information included in, or accessible through, the Service without verification and seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a legal practitioner in the appropriate jurisdiction. 

                             ii.While BhuMe endeavors to provide accurate and complete information, BhuMe does not warrant that the information is complete or accurate. Further, Users understand that the information provided is subject to change based on events not within the control of BhuMe including a change in the regulatory landscape and amendments/modifications in the law, in such case BhuMe endeavors to update the information as soon as possible. BhuMe disclaims all liability to any person for any loss caused by errors, omissions, incomplete nature of the collection of information provided as part of this Service. 

 

3.    Advertisements

 

BhuMe reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.    

 

4.    User Account, Password and Security

 

a.     To avail any of the Services, You are required to register for an account on the Platform.  

 

b.     If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (a) provide true, accurate, correct and complete information about Yourself as prompted by the Platform, and (b) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to BhuMe that is false, misleading, inaccurate, outdated or incomplete, or BhuMe has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, BhuMe reserves right to suspend or terminate Your account and/or  prohibit any and all present  or future use of the Services (or any portion thereof) by You, without any notice/intimation to You. 

 

c.      When You register an account on the Platform: 

                         i.You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification; 

                        ii.Upon completing the registration and verification process through OTP, an account will be designated to You.  

                       iii.You are responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the OTP received on Your phone number, with any other person for their use of the Platform. You agree to immediately notify BhuMe of any unauthorized use of Your account or any other breach of security and BhuMe will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account. 

                       iv.You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from BhuMe in relation to the following: 

A.     Update, amendment, change in the Terms; 

B.     Specific Services availed through the Platform;  

C.     Promotional messages including offers, updates on new services and promotions; 

D.     Payment information.  

               v.BhuMe recommends that You exit or log out from Your account at the end of each session if using a public computer. BhuMe cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure (including negligence, act of omission and commission) to comply with the requirements under this section. 

 

d.     The User shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, any access or payment has been made for any Services. It is specifically clarified that payments of monies towards any Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User. 

 

e.      If You have any security related concerns, please contact Support at 70453 59943

 

f.       We reserve the right to: 

                         i.Make all decisions in relation to, inter alia, Your registration with BhuMe; and 

                        ii.Request additional documents and additional information from You for the purpose of Your registration as a User with the Platform. 

 

g.      For the purposes of registration and identifying a User on the Platform, BhuMe may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Platform, it is deemed that the User has given express and specific consent for such collection and processing of data for the purpose of use of the Platform. Registration on the Platform is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where you have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Platform. User must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and BhuMe shall bear no responsibility for any loss arising out of such disclosure. 

 

 

h.     You understand that on Your registration on the Platform or on Your use of any Service or payment for performance and delivery of any Service on the Platform, You may receive text messages (including through internet-based mobile messaging) and/or emails from BhuMe on Your registered mobile number and/or email address. You shall be solely responsible to update Your registered mobile number and/or email address on the Platform in the event there is a change. These messages and/or emails could relate inter alia to Your registration, status of or update in relation to Your order placed for Your desired Service, payment information, information pertaining to Services and other activities You carry out on the Platform and information pertaining to the promotions that are undertaken by BhuMe (or third parties in connection with the Platform) from time to time.  Further, BhuMe may also send You notifications and reminders with respect to the due dates in relation to the performance of the agreed Services. While BhuMe shall make every endeavour to share prompt reminders and notifications in relation to the performance of Services with You, BhuMe shall not be held liable for any failure to send such notifications or reminders to You. 

 

i.       It is expressly acknowledged by the User and the Service Providers that the Platform, as a marketplace, or BhuMe has not undertaken any check or verification of the Users or the Service Providers, their credentials or their profiles. It is entirely the responsibility of the Users and the Service Providers to verify all details of the Service Providers and Users that they are transacting and/or interacting with, to their satisfaction. BhuMe shall not be liable in any manner for credentials, representations acts or omissions of any User or Service Provider.  

 

j.       THE USER AND THE SERVICE PROVIDER DISCLAIM ANY AND ALL CLAIMS, ACTIONS, SUITS AGAINST BhuMe ARISING OUT OF THE SERVICES PROVIDED OR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER, BY EXECUTING THIS TERMS, BhuMe DOES NOT, NOR SHOULD IT BE CONSTRUED TO, EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM USERS. NOTHING IN THIS TERMS SHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A PARTY TO THIS TERMS. 

 

k.      You agree not to enter into any contractual provisions in conflict with this Terms. Service Provider is solely responsible for the performance and quality of the Services availed by the User through the Platform in a timely manner. User and Service Provider each, covenant and agree to act with good faith and fair dealing in performance of the Services. 

 

l.       BhuMe is not a party to the dealing, contracting and fulfillment of any Services between a User and a Service Provider. BhuMe only acts as an intermediary and has no control over and does not guarantee the quality, safety or legality of any Services performed or created, advertised, the truth or accuracy of Services listings, the qualifications, background, or abilities of Service Provider, the ability of Service Provider to perform Services, the ability of User to pay for Services, or that a User or Service Provider can or will actually complete a Service.  

  

m.    BhuMe is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of Services are solely between a User and a Service Provider. User and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations in relation to the Services, as may be agreed between the User and the Service Provider, and any other terms, conditions, representations, or warranties associated with such Services. BhuMe is not and cannot be a party to any dispute arising or in connection with the Service requested by a User and performed by a Service Provider on the Platform in its capacity as the host of the Platform. 

 

n.     Once the Services are completed by the Service Provider, it is the decision of the User to accept or reject such Services. 

  

o.      You agree and understand that in relation to Services listed on the Platform which are provided/rendered by Service Providers and the contents therein advertised by them, BhuMe is merely providing intermediary hosting services to its Users through the Platform. BhuMe shall bear no responsibility or liability in relation to or arising out of such third-party generated content. BhuMe neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission of such third-party generated content. In relation to Services rendered by the Service Providers, BhuMe is merely an intermediary and does not interfere in the transaction between User and Service Providers.  

 

p.     While BhuMe shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, BhuMe shall not be liable for any interruption that may be caused to Your access or use of the Services. 

 

q.     BhuMe does not covenant or warrant that: 

                i.the Services will be made available at all times; 

               ii.any content displayed or available on the Platform is complete, true, accurate or non-misleading; 

              iii.the Services listed on the Platform are of specified standards and quality;  

              iv.the skill and quality of performance of Services by Service Providers will be to the expectation of the User; and  

               v.BhuMe has undertaken any verification of the Users or Service Providers or their credentials. 

 

5.    Fees

 

a.     BhuMe may charge fees from Users ("Fees") in consideration for the use of the Platform and Services.  

 

b.     Any applicable Fees (including any applicable taxes) will be displayed to You prior to Your use of the relevant paid Service. We reserve the right to vary the Fees at any time, and will provide Users adequate notice of any fee changes before they become effective. Such fee changes will not affect any transactions between You and BhuMe made prior to the effective date of the fee change. 

 

c.      You are responsible for paying any Fees that is due to BhuMe or its Service Providers associated with the use of the Platform and/or Services including all taxes, charges etc. as applicable and levied. Users agree to provide true and accurate information when making payments. All payment of Fees is in Indian rupees.  The applicable Fees (including any applicable taxes) are collected through commonly used banking channels. You may use any of the payment method available on the Platform. BhuMe may enter into agreements with third party payment gateway aggregators and financial institutions authorized for collection, refund and remittance and to facilitate payment of Fees to BhuMe. 

 

d.     All fees charged by Service Providers shall be as mutually agreed between the User and the Service Provider. BhuMe shall not, directly, or indirectly, have any liability or responsibility for commercial terms agreed between the User and the Service Provider including the fees to be paid to the Service Provider.  

 

e.      All cancellations and refunds of any Service by a User shall be undertaken in accordance with the Cancellation and Refund Policy (insert hyperlink here).  

 

f.       BhuMe shall not be responsible if a payment made by a User is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s) or for loss or misuse of any information such as Your account details, passwords etc. by third party payment gateway aggregators and financial institutions. Any dispute in connection to the same shall be settled between the User and the network operator. 

 

g.      The contact details of the payment services provider can be viewed at www.razorpay.com

 

6.    User Conduct

 

a.     All activities on Your account or an account managed in Your name are Your responsibility. As a responsible member of the BhuMe family, You should not use the Platform: 

 

                                  i.for any purpose that is unlawful, illegal or forbidden by law;  

                                 ii.to send communications containing unsolicited / unauthorized/misleading advertisements, promotions or marketing material; 

                                iii.that may result in harm to the reputation of or disparage BhuMe, the Platform and/or the Services provided in any manner; 

                                iv.in any manner other than as agreed in the Terms. 

 

b.     You warrant to BhuMe that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Platform, the Services and any other related activities.

 

d.     You are responsible for all the User Content (including messages, images, updates and files) that You post on the Platform (including with respect to its appropriateness, legitimacy and ownership). You must ensure that the User Content posted and the Feedback provided to BhuMe is in conformity with the Terms and applicable laws. When You use the Platform and/or contact BhuMe for any purpose including to provide Feedback, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any User Content, through the Platform and otherwise, that: 

                                  i.belongs to another person and to which You have no right; 

                                 ii.is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever. 

                                iii.harms minors in anyway; 

                                iv.infringes any patent, trademark, copyright, or other proprietary rights; 

                                 v.violates any applicable laws; 

                                vi.deceives or misleads the addressee about the origin of such messages or communicates any information that 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 any other nation; 

 

7.    Intellectual Property 

 

a.     Rights of BhuMe

                i.You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services including BhuMe’s compilation of regulatory information, and all the intellectual property rights therein or related thereto are solely and absolutely owned by BhuMe or its licensor. All such rights, title and interests shall continue to vest with BhuMe or its licensor during and after the term of this Terms.  

               ii.All intellectual property including in relation to the domain name www.bhume.in, any trademarks, logos, images and other content available on the Platform belongs exclusively to BhuMe/ its Service Providers/ or its licensors. Through Your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by BhuMe to You. BhuMe reserves all rights not expressly granted to the User under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of BhuMe or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform; 

              iii.You hereby grant BhuMe a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the User Content posted/published by You on the Platform and further waive any rights that You may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law) as well moral rights. 

 

b.     Your Rights

                i.BhuMe grants Users a limited, royalty-free right to use the Platform only for non-commercial purposes. 

               ii.Unless explicitly stated or otherwise authorised by BhuMe, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the domain name www.bhume.in and the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.  

 

8.    Confidential Information

 

a.     “Confidential Information” shall mean all data, information and materials including, without limitation, computer software/program, documents, information, advice, manuals, databases, protocols, API, web tools, applications and interfaces and specifications provided by BhuMe etc., directly or indirectly, to You, under this Terms, whether written, oral or transmitted through the Platform or otherwise, and whether specifically marked as confidential or not.  

 

b.     During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from BhuMe, make any disclosures whatsoever of any Confidential Information to others. If You are not an individual, You may disclose the Confidential Information to Your officers, workforce, representative and employees (“Personnel”) only on “need to know basis” provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of Your Personnel.  You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information. 

 

9.    Third Party Sites / Content

 

a.     The Platform may provide links or direct You to various third party websites, including those of Service Providers. If You use any of these links, You may be directed / redirected to such external websites.  

 

b.     If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability. BhuMe does not endorse any website linked to the Platform or the information appearing therein or any of the products or services described therein. You agree that BhuMe is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Platform and as may be amended from time to time. You are advised to use Your own judgment when engaging with third parties or relying on third party information available on the Platform. 

 

c.      Any display of third party goods / services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of BhuMe by any such third parties. 

 

d.     Use of such third-party links shall be governed by a separate agreement between You and such third party. BhuMe will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the User with such third parties or from availing any goods / services from such third parties. 

 

10.  User Account Suspension and Deactivation

 

a.     Suspensions or termination of User accounts by BhuMe

There may be circumstances wherein BhuMe, at its sole discretion, will be required to suspend or terminate a User account which will prevent You from utilising certain/all/any features available on the Platform. Suspension or termination may occur in the event BhuMe has any reason to believe that: 

                        i.Your account may be used for fraud or attempt to defraud; 

                       ii.Your account may be used for money laundering; 

                      iii.You are involved in collusion, rigging or cheating of any kind and are using the account for this purpose; 

                      iv.You are violating any applicable laws; 

                       v.You do not meet the eligibility criteria to access the platform; 

                      vi.You are trying to access Platform from any other territory from where BhuMe does not accept Users;  

                     vii.You misrepresent or provide wrong or misleading information or commits any act leading BhuMe to believe that You have either flouted the standards of integrity or have failed to meet its commitment; 

                    viii.You are violating these Terms in any manner; or 

                      ix.BhuMe is unable to verify or authenticate any information You submit. 

 

b.     BhuMe may, at its sole discretion, partially or fully discontinue any or all Services or discontinue the operation of the Platform at any time, with two (2) months’ prior written notice, without any liability. BhuMe will publish a general notice to that effect on the Platform, which shall be applicable to all the Users. All the claims and liabilities arising before the date of discontinuation shall be valid and enforceable post discontinuation.  

 

c.      The User may terminate the Terms at any time, provided that the User discontinues any further use of the Platform or Services. 

 

d.     It is specifically clarified that any termination of the Terms by a User shall not cancel the User’s obligation to pay for any Services availed or initiated on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. 

 

e.      Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms. 

 

f.       Without limiting BhuMe’s other remedies, BhuMe may issue a warning, or temporarily suspend, indefinitely suspend or terminate Your account or an agreed Service, and refuse to provide any or all Services to You if: (a) You breach the letter or spirit of any terms and conditions of the Terms; (b) BhuMe is unable to verify or authenticate any information You provide to us; or (c) BhuMe believes in its sole discretion that Your actions may cause legal liability for You, its Users, including Service Provider or for BhuMe or are contrary to the interests of the Platform. Once indefinitely suspended or terminated, You must not continue to use the Platform under the same Account, a different Account, or register under a new Account. 

 

g.      When Your account is terminated for any reason, You will no longer have access to data, messages, files and other material You keep on the Platform. The material may be deleted along with all Your previous posts and proposals. 

 

h.     In case of events falling under (i) to (iv), BhuMe may also be required to supply relevant User details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then BhuMe will continue to suspend the user account. BhuMe also reserves the right to initiate appropriate civil or criminal action against You in the event of violation of these Terms or applicable laws. BhuMe will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. 

 

i.       In addition to the above, BhuMe reserves the right to suspend Your user account at any time without assigning any reason whatsoever.  

 

j.       Upon suspension of Your user account, regardless of the reason(s), all licenses granted to You hereunder will immediately cease and Your right to use the services reserved for registered Users on the Platform immediately ceases. BhuMe shall not be liable to You or any third party for any claims or damages arising out of any suspension of Your user account or any other actions taken in connection with such account suspension. 

 

k.      Deactivation of user account by You

You may also deactivate Your user account by writing to BhuMe at hello@bhume.in Should You wish to resume using the Platform, You will be required to reactivate the existing account at any time by writing to BhuMe at hello@bhume.in

 

l.       Upon deactivation, all licenses granted to You hereunder will immediately cease and Your right to use the Services reserved for registered Users on the Platform immediately ceases. BhuMe shall not be liable to You or any third party for any claims or damages arising out of any deactivation of Your user account or any other actions taken in connection with such account deactivation. Users must note that deactivation of account does not result in automatic termination of the agreement between the User and Service Provider. 

 

11.           Feedback

 

a.     Your feedback is important to us. Users can provide feedback, suggestions, and ideas about our Services ("Feedback"). When providing Feedback, Users agree to adhere to the terms mentioned in Section 6(c) above. Users agree that BhuMe may, in its sole discretion, use the Feedback You provide to BhuMe in any way, including to make future enhancements and modifications to the Services. You hereby irrevocably, absolutely and perpetually assign to BhuMe and its assigns rights, title and interests in the Feedback in lieu of the Services provided in the worldwide territory. You waive any rights that You may have in such Feedback, including under the provisions of Section 19(4) of the Copyright Act, 1957 of India or any other similar provision under any law or any jurisdiction. To the extent any assignment of the Feedback and the rights therein cannot be made to BhuMe, You grant to BhuMe and its assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any mode or media of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to You or any third party. You waive any reversionary rights You may have under Section 30 A of the Copyright Act, 1957 or any other similar provision under any law in relation to the intellectual property rights in the Feedback so licensed. 

 

12. Liability Disclaimer

 

a.     We do not make any representations and warranties relating to the Platform including content therein, and the Services listed on the Platform. BhuMe disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Platform, content on the Platform and Services offered on the Platform; (ii) third party products or services advertised on or received through the Platform or any links or other sources provided on the Platform; (iii) any information, content or advice received through the sites or links provided on the Platform. BhuMe makes no warranty or representation that any errors in the Platform will be corrected.   

 

b.     You agree that use of the Platform and the Services on the Platform is at Your sole discretion. BhuMe is not responsible or liable for any consequences arising out Your use of the Platform.  

 

c.      The Platform is provided on a “AS IS” and “AS AVAILABLE” and "with all faults" basis with no representations or warranties whatsoever. BhuMe is not liable for any network, technical or other operational difficulties or problems which may result in loss of Your data, monetary loss, personalization settings or other interruptions in the features offered on the Platform. Neither BhuMe nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform or Services, content on the Platform or Your personalization and / or User account settings. 

 

d.     The Platform and/or any Services offered by us may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Website and/or the Services provided to You will be uninterrupted.  

 

e.      We shall have no responsibility for any damage to Your computer system(s), loss of data that results from the use of the Platform or its content. 

 

f.       During provision of the Services, BhuMe does not endorse any views expressed on the Platform and does not influence control over any particular theory, opinion, ideology, doctrine, viewpoint or position on any topic. Availing any Services and/or relying on any advice or suggestions given through the medium of the Platform is the discretion of the User and BhuMe disclaims all liabilities in this regard. 

 

g.      BhuMe is not a party to any agreements, contracts, arrangements entered into between Users and Service Providers and disclaims all liability in relation to such arrangements and for any act, action, omission or work of any of the Service Providers. BhuMe is and will not in any way be engaged in facilitating, negotiating or assisting in the arrangements between the User and Service Provider. The Users fully hereby waive and relinquish any and all claims that they may have against BhuMe in relation to services provided or proposed to be provided, by the Service Providers.  

 

h.     BhuMe is not liable for any loss suffered due to reasons beyond the control of BhuMe. BhuMe is not liable for any loss suffered as result of reliance on the advice of Executives or on the advice, promises, representation, assurances made by the Service Provider. BhuMe is also not responsible for any acts, representations and consequences of performance/inadequate performance/non-performance of any services by the Service Providers. Users agree that BhuMe will not be made a party to any dispute between them and Service Provider nor will BhuMe be liable in case of any such dispute.  

 

13. Indemnity

 

a.     You hereby agree to defend, hold harmless and indemnify BhuMe and its group companies, affiliates, associates, officers, directors, employees, consultants, licensors, subsidiaries, associates, affiliates and partners of BhuMe from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (i) Your use of the Platform, (ii) Your breach of any provision of the Terms, (iii) actual and/or alleged infringement, by any other User of Your account with BhuMe, (iv) action or inaction on behalf of the Service Provider in performing and delivering the agreed Services, (v) actual and/or alleged infringement of any intellectual property or other right of any person or entity, and (vi) any dispute between Service Provider and User to which BhuMe is made a party in relation to the Services sought/ provided through the Platform, and (vii) any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part,. BhuMe shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide BhuMe with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost. 

 

b.     If You are using this Platform on behalf of any legal entity, then You and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with Your use of the Platform, Services, or the content posted by You on the Platform; or Your breach of any provision of the Terms; or any negligent or intentional wrongdoing by You on the Platform. 

 

c.      You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. BhuMe shall be entitled to participate in such defence through our own counsel at Your cost and expense. 

 

14.Limitation of Liability

 

i.                To the fullest extent permitted by law, BhuMe is not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or  the Services, even if BhuMe has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) conduct of any User on the Platform (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform (f) services provided by any Service Provider. In any event, the liability of BhuMe arising out of the Terms shall not exceed service fee, if any, paid to BhuMe. 

 

15.           Personal Information and Data Security

 

a.     BhuMe may collect, store, use, process and transfer to Service Providers information provided by You at the time of registration of Your user account, or during the course of Your use of the Platform, including Your personal information that shall be governed by the applicable data protection laws and the Privacy Policy. 

 

b.     For more information on the security measures and systems that BhuMe has in place for the protection of personal Information collected from You on the Platform, kindly refer to our Privacy Policy. Acceptance of this Term shall deemed to be acceptance of Privacy Policy. 

 

c.      BhuMe is not responsible for and disclaims all liability in relation to personal information directly shared by Users to Service Providers via the Platform.  

 

d.     BhuMe shall not be liable or responsible for any information or data shared by the Users with the Service Providers.  

 

16.           Governing Law & Jurisdiction

 

a.     The Terms is governed by the provisions of Indian law.  

 

b.     Either party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. Subject to Section 17 below, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the Platform.  

 

17.           Dispute Resolution

 

a.     In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. For this purpose, You may write an e-mail to us on hello@bhume.in

 

b.     The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. 

 

c.      If Parties are unable to resolve the dispute within thirty (30) days through negotiation, BhuMe and the Users hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator mutually appointed by BhuMe and the disputing User. Arbitration awards shall be reasoned awards and shall be final and binding on BhuMe and the disputing User/s and shall be enforceable in any court of competent jurisdiction. 

 

18.           Term 

 

The Terms will remain in full force and effect while You are registered with the Platform or use any Services available on the Platform in any form or capacity.  

 

19.           Independent Contractor 

 

a.     These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Users and BhuMe, and in no circumstances, shall BhuMe be considered an agent of Users.  

 

b.     BhuMe does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms specifically, including in connection with provision of services by the Service Providers. You acknowledge and agree that You have complete discretion whether to use the Services, list as a Service Provider or otherwise engage in activities on the Platform. 

 

20.           General Provisions

 

a.     Entire Terms: For Users, the Terms constitute an entire, valid and binding agreement between You and BhuMe and governs Your access and use of the Platform. For Service Providers, the Terms and agreements entered into between You and BhuMe, if any, constitute an entire, valid and binding agreement between You and BhuMe and governs Your access and use of the Platform. In the event, these Terms are available in multiple languages, the Terms written in the English language and the meaning and intent conveyed thereunder shall prevail over the Terms of other languages and the Terms in the English language will be final and binding on the Users and the Platform. 

 

b.     Binding Nature: These Terms shall be binding upon You and BhuMe and Your legal heir, administrator, executor, successors-in-interests and permitted assigns.  

 

c.      Severability: If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.  

 

d.     Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.  

 

e.      Assignment: Your relationship with BhuMe is a personal arrangement. You may not assign or sub-license, without the prior written consent of BhuMe, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. BhuMe may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates. 

 

f.       Force Majeure: Except for the payment of fees to BhuMe, neither of the parties to this Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyber attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. 

 

g.      Notices: All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address: 

 

Postal Address:  

Piplewar Construction LLP, 

14/91, Bajpei Ward,

Murri Road, 

Gondia, Maharashtra 441601

Email Address: hello@bhume.in

 

Legal notices will be served to the email address You provide to us while enrolling as a User on the Platform. Notice will be deemed given 24 hours after such email notice has been sent. 

 

21.           Contact Us

 

If You have any questions or concerns regarding the Terms of Use or for any technical support or use of Services, please write to us at our email hello@bhume.in. Our authorised representatives may reach out to You to answer Your queries and/or address Your concerns.

 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions: hello@bhume.in

These Terms of Use were last updated on: 22 August 2023

 

Welcome to BhuMe!

 

Please read these terms of use for the Platform (“Terms of Use”) which, together with the Privacy Policy, Cancellations and Refunds Policy and any other policies incorporated by reference or issued from time to time (including any amendments, modifications or changes thereto) along with disclaimers and terms published (collectively “Terms”). The Terms govern Your use of the BhuMe platform www.bhume.in and/or the BhuMe mobile application (“Platform”), and the services offered therein.  

 

These Terms are a legally binding contract between us, BhuMe (www.bhume.in) (“BhuMe / We / Us”) and Service Providers (as defined below).  

 

Unless the context otherwise requires, “Users” means persons who have registered themselves on the Platform for availing the Services (as defined below) and all persons who use, access, browse and/or order  the services made available on the Platform in any manner and “Service Provider/s / You” means and includes lawyers, engineers, valuers and any such authorised third parties listed on the Platform for providing/availing Services and such other ancillary services. 

 

BhuMe may, at any time: (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, and (ii) change, amend, modify, add, or remove portions of the contents of the Terms in substance, or as to procedure or otherwise; in each case which will then be applicable to all Service Providers. Such changes shall be made applicable when they are posted. You hereby agree that any and all changes, updates, amendments, modifications, additions, or deletions made to the Terms by BhuMe shall be binding on You. BhuMe may also alter or remove any content from the Platform without notice. We will notify You through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact Your use of the Platform. Your continued use of the Platform following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by it. These Terms apply in addition to any other terms and conditions that BhuMe or its affiliated organizations may ask You to accept in relation to different activities or Services (defined below) offered to You through the Platform.  It is Your responsibility to review the Terms frequently for any updates / modifications to the Terms. 

 

By creating an account on the Platform and /or making use of the feature of the Platform or the Services available therein, You agree and acknowledge that (i) You are a Service Provider; (ii) You have the authority to enter into these Terms; (iii) You have read all the Terms; and (iv) You agree to be bound by all the Terms. 

If You do not agree to be bound by the Terms, You are advised not to proceed to access, browse, offer, order and/or use the Services available on the Platform. The terms and conditions contained in this Terms shall be accepted without modification. The continued access, browsing and use of the Platform and/or the Services would constitute acceptance of the terms and conditions of this Terms. 

 

YOU HEREBY AGREE, UNDERSTAND AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THESE TERMS, AND USE AND ACCESS OF THE PLATFORM AND PROVIDING/AVAILING SERVICES SHALL BE SUBJECT TO THE TERMS. 

 

This document is an electronic record in terms of Information Technology Act, 2000 (“IT Act, 2000”) of India, or any other prevailing law, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. 

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access to or usage of the Platform. 

 

Terms for Service Providers

 

These Terms are applicable to all Service Providers including lawyers, engineers, valuers and any such authorised third parties enlisted on the Platform for providing/availing Services and such other ancillary services. Lawyers, engineers, valuers and other authorised third parties are collectively referred to as “Service Providers”. These Terms are applicable to You in addition to any other agreements entered into between You and BhuMe.  

 

1.              Eligibility

 

a.              The Platform and/or the Services are available only to Service Providers who can form legally binding contracts under Indian Contract Act, 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform By using the Platform or the Services, You represent and warrant that: 

 

                i.You are at least eighteen (18) years of age and are not disqualified from contracting by law; 

               ii.You are entering into these Terms out of Your own free will and consent;  

              iii.You are an Indian citizen and a legal resident of India;  

              iv.You will avail the Services only from within India; 

               v.Your use of the Platform and Services availed through it do not violate any applicable law and regulation of India.  

 

If a Service Provider is below 18 years of age, it is assumed that he/she is accessing, browsing and/or using the Platform under the supervision of his/her parent or such person who is legal guardian under the applicable laws of India (“Eligible Person”) and that such Service Providers parent or legal guardian has read and agrees to the terms of this Terms on behalf of the minor Service Provider. Should BhuMe be made aware that a Service Provider is not of the legal age and is accessing, browsing and/or using the Platform without the supervision of Eligible Person, BhuMe reserves the right to deactivate such Service Providers account without further notice. 

 

If You register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws. 

 

2.              User Account, Service Provider Profile and Security

 

a.              To provide/avail any of the Services, You are required to register for an account on the Platform by providing Your mobile number or, if You are a legal entity, the mobile number of Your authorised representative. Following registration, You will be prompted to provide additional information about Yourself and Your business. You agree and understand that You will not be able to avail/provide Services through the Platform without providing the information requested upon registration. 

 

b.              If You register on the Platform, or if You otherwise provide information on the Platform, You agree to (a) provide true, accurate, correct and complete information about Yourself and Your services as prompted by the Platform including information reflected on Your Service Provider Profile (as defined below), and (b) maintain and promptly update such information to keep it true, accurate, correct and complete. If You provide any information to BhuMe that is false, misleading, inaccurate, outdated or incomplete, or BhuMe has reasonable grounds to suspect that such information is false, inaccurate, misleading, outdated or incomplete, BhuMe reserves the right to suspend or terminate Your account and/or to prohibit any and all present or future use/dissemination of the Services (or any portion thereof) by You, without any notice/ intimation to You. 

 

c.               When You register an account on the Platform: 

                         i.You will receive a one-time-password (OTP) on the contact number provided by You, for the purpose of verification; 

                        ii.Upon sign up through OTP and providing all information prompted by the Platform, Service Providers are required to send an approval request to BhuMe. BhuMe will verify the information provided by the Service Provider and notify the Service Provider once the information is verified; 

                       iii.Upon verification of the information provided, You will be provided with a Service Provider account; 

                       iv.You are responsible for maintaining the confidentiality of Your account and are fully responsible for all activities that occur through Your account. You undertake not to share Your phone number and/or any other details required to log into Your account, including the OTP received on Your phone number, with any other person for their use of the Platform. You agree to immediately notify BhuMe of any unauthorized use of Your account or any other breach of security and BhuMe will not be held liable for any loss and damage caused to You due to any unauthorised use of Your account. 

                        v.You agree to get periodic SMS alerts, WhatsApp texts and/or e-mails from BhuMe in relation to the following: 

a.     Update, amendment, change in the Terms; 

b.     Specific Services availed through the Platform and services provided by You through the Platform; 

c.      Promotional messages including offers, updates on new services and promotions;  

d.     Payment information 

                       vi.BhuMe recommends that You exit or log out from Your account at the end of each session if using a public computer. BhuMe cannot and will not be liable for any loss or damage arising from misuse of Your account or information therein, because of Your failure to comply with the requirements under this section. 

 

d.              Service Provider shall assume all risks, liabilities, and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, any access or payment has been made for any Services. It is specifically clarified that payments of monies towards any Services by unauthorised or illegal use of the Service Provider’s account shall entirely be borne by the Service Provider.

 

f.                If You have any security related concerns, please contact us at 70453 59943.  

 

g.               We reserve the right to: 

 

                         i.Make all decisions in relation to inter alia Your registration with BhuMe; 

                        ii.Request additional documents and additional information from You for the purpose of Your registration as a Service Provider with the Platform. 

 

h.              For the purposes of registration and identifying a Service Provider on the Platform, BhuMe may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. By registering on the Platform, it is deemed that the Service Provider has given express and specific consent for such collection and processing of data for the purpose of use of the Platform. Registration on the Platform is one-time, and You are required to remember Your username and password and keep the same confidential. In the event where You have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/password” option on the Platform. Service Provider must not disclose, transfer, sublicense or otherwise part away with the username and password or try to circumvent them in any manner whatsoever and BhuMe shall bear no responsibility for any loss arising out of such disclosure. 

 

 

i.                You understand that on Your registration on the Platform or on in relation to any Service or payment for performance or delivery of any Service on the Platform, You may receive text messages (including through internet-based mobile messaging) and/or emails from BhuMe on Your registered mobile number and/or email address. You shall be solely responsible to update Your registered mobile number and/or email address on the Platform in the event there is a change These messages and/or emails could relate inter alia to Your registration, status of or update in relation to payment information, information pertaining to Services and other activities You carry out on the Platform and information pertaining to the promotions that are undertaken by BhuMe (or third parties in connection with the Platform) from time to time. Further, BhuMe may also send You notifications and reminders with respect to the due dates in relation to the performance of the agreed Services. While BhuMe shall make every endeavour to share prompt reminders and notifications in relation to the performance of Services with You, BhuMe shall not be held liable for any failure to send such notifications or reminders to You. 

 

j.                It is expressly acknowledged by the Service Provider that the Platform, as a marketplace, or BhuMe has not undertaken any check or verification of the Users, their credentials or their profiles. It is entirely the responsibility of the Service Providers to verify all details of the Users that they are transacting and/or interacting with, to their satisfaction. BhuMe shall not be liable in any manner for credentials, representations acts or omissions of any User.  

 

l.                THE SERVICE PROVIDER DISCLAIMS ANY AND ALL CLAIMS, ACTIONS, SUITS AGAINST BhuMe ARISING OUT OF THE SERVICES PROVIDED/AVAILED OR TRANSACTIONS UNDERTAKEN THROUGH THE PLATFORM. FURTHER, BY EXECUTING THE TERMS, BhuMe DOES NOT, NOR SHOULD IT BE CONSTRUED TO, EXTEND ITS SERVICES FOR THE BENEFIT OF ANY THIRD PARTIES APART FROM SERVICE PROVIDERS. NOTHING IN THIS TERMS SHALL BE CONSTRUED TO CREATE ANY DUTY TO, OR STANDARD OF CARE WITH REFERENCE TO, OR ANY LIABILITY ON ANY PERSON WHO IS NOT A PARTY TO THIS TERMS. 

 

m.             You agree not to enter into any contractual provisions in conflict with this Terms. Service Provider is solely responsible for offering  Services to the User through the Platform in a timely manner. Service Provider covenants and agrees to act with good faith and fair dealing in performance of the Services. 

 

n.              You affirm and agree that, given the general and “as-is” nature of the Platform, You are not specifically relying on any statements, or materials contained on Platform to make any business decisions. You agree to conduct Your own related due diligence in relation to the Services being provided/availed by You, as the case maybe.  

 

o.               The Platform is a platform that User may, for their desired transactions, utilize to book services and interact with Service Providers. BhuMe is not a party to the dealing, contracting and fulfillment of any Services between a User and a Service Provider. BhuMe only acts as an intermediary and has no control over and does not guarantee the quality, safety or legality of any Services performed or created, advertised, the truth or accuracy of output, the qualifications, background, or abilities of Service Provider, the ability of Service Provider to perform Services, the ability of User to pay for Services, or that a User or Service Provider can or will actually complete a Service.  

  

p.              BhuMe is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of Services are solely between a User and a Service Provider. User and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations in relation to the Services, as may be agreed between the User and the Service Provider, and any other terms, conditions, representations, or warranties associated with such Services. BhuMe is not and cannot be a party to any dispute arising or in connection with the Service requested by a User and performed by a Service Provider on the Platform in its capacity as the host of the Platform. 

 

q.              Once the Services are completed by the Service Provider, it is the decision of the User to accept or reject such Services. 

  

r.               You agree and understand that BhuMe is merely providing intermediary hosting services to its Users through the Platform. All Services listed on the Platform and the contents therein are advertised and listed by registered Service Providers and are third party generated contents. BhuMe shall bear no responsibility or liability in relation to or arising out of such third-party generated content. BhuMe neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. BhuMe is merely an intermediary and does not interfere in the transaction between User and Service Providers.  

 

 

s.               While BhuMe shall make reasonable endeavours to maintain generally accepted standards of security and shall provide the Services by using reasonable efforts, BhuMe shall not be liable for any interruption that may be caused to Your access or use of the Services. 

 

t.                BhuMe does not covenant or warrant that: 

                i.the Services will be made available at all times; 

               ii.any content displayed or available on the Platform is complete, true, accurate or non-misleading; 

              iii.the Services listed on the Platform are of specified standards and quality;  

              iv.the skill and quality of performance of Services by Service Providers will be to the expectation of the User; and  

               v.BhuMe has undertaken any verification of the Users or Service Providers or their credentials. 

 

 

3.              Services provided by Service Providers

 

 

1.     “Services” in the context of Service Providers providing services on the Platform would mean such services You offer on Your Service Provider Profile to Users through the Platform. The Platform connects Users with Service Providers, subject to the Terms of Use. For this, the Platform enables, the registered Users to place their Service requirements on the Platform, and contract with the Platform to avail the Services.

 

 

a.     As a Service Provider on the Platform, You will be allowed to offer services provided by You/Your business and stores, as the case may be, on the Platform as part of Your Service Provider Profile. You will be able to provide Services as requested by Users through the Platform in accordance with the Terms and users at Stores. You represent that You are legally able to provide the services listed by You on Your Service Provider Profile;  

b.     You agree to perform Services diligently and with professional care & skill.  

c.      You agree to use Your best efforts to meet the needs and requirements of Users and to promote the good reputation which BhuMe enjoys; 

d.     You will not offer services apart from those mentioned in Your Service Provider Profile; 

e.      You undertake to take remedial steps as and when a User informs You of any lapse in the standard and/or quality of service provided by You; 

f.       If a User requests You to provide services related to home building other than or in addition to the Services agreed to be provided through the Platform, You shall ensure that such requests are routed through the Platform. 

 

 

4.              Services available to Service Providers

 

Through the Platform, BhuMe provides various tools to Service Providers to enable them to cater to the needs of home builders. The Platform provides You with access to a rich collection of resources including curated content relating to the home building eco-system, a marketplace for Service Providers to connect with one another and with Users and many related services (collectively the "Service" or "Services"). All the Services are available on the Platform as well as the Stores. When You avail a Service through the Platform, You consent to be contacted by our authorised representatives and/or Service Providers in relation to the Service including by our customer support representatives. 

 

a.              Custom E-search

 

                         i.BhuMe helps You to download registration data across the years for a given number from Government Portal. Service Providers are advised to verify the accuracy of downloaded data independently. Any discrepancy can be highlighted to BhuMe team for timely attention.

 

5.               Advertisements

BhuMe reserves the right to place advertisements and publicity materials of its choice, including that pertaining to third parties for commercial use on the Platform.    

 

6.              Fees

 

a.              BhuMe may charge fees from You ("Fees") in consideration for the use of the Platform and Services.  

 

b.              Any applicable Fees (including any applicable taxes) will be displayed to You prior to Your use of the relevant paid Service. We reserve the right to vary the Fees at any time, and will provide Service Provider adequate notice of any fee changes before they become effective. Such fee changes will not affect any transactions between You and BhuMe made prior to the effective date of the fee change. 

 

c.               You are responsible for paying any Fees that is due  to BhuMe associated with the use of the Platform and/or Services including all taxes, charges etc. as applicable and levied. You agree to provide true and accurate information when making payments.  All payment of Fees is in Indian rupees.  The applicable Fees (including any applicable taxes) are collected through commonly used banking channels. You may use any of the payment method available on the Platform.  BhuMe may enter into agreements with third party payment gateway aggregators and financial institutions authorized for collection, refund and remittance and to facilitate payment of Fees to BhuMe. 

 

d.              All cancellations and refunds of any Service availed by a Service Provider shall be undertaken in accordance with the Cancellation and Refund Policy (insert hyperlink here).  

e.               BhuMe shall not be responsible if a payment made by a Service Provider is not registered or is lost due to any network problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways and/or the cost(s) charged by the network operator(s) or for loss or misuse of any information such as Your account details, passwords etc. by third party payment gateway aggregators and financial institutions. Any dispute in connection to the same shall be settled between You and the network operator.  

 

f.                The contact details of the payment services provider can be viewed at  www.payu.in

 

g.               For services offered by Service Providers to User, all fees charged by Service Providers shall be as mutually agreed between the User and the Service Provider. BhuMe shall not, directly, or indirectly, have any liability or responsibility for commercial terms agreed between the User and the Service Provider including the fees to be paid to the Service Provider. 

 

 

7.              Reward Points

 

BhuMe may award reward points to You for referring individuals to the Platform and for providing services to Users through the Platform. The terms and conditions for reward points shall be updated on the Platform as and when applicable and from time to time. 

 

8.              Service Provider Conduct

 

a.              All activities on Your account or an account managed in Your name are Your responsibility. As a responsible member of the BhuMe family, You should not use the Platform: 

 

                         i.for any purpose that is unlawful, illegal or forbidden by law;  

                        ii.to send communications containing unsolicited / unauthorized advertisements, promotions or marketing material; 

                       iii.that may result in harm to the reputation of or disparage BhuMe, the Platform and/or the Services provided in any manner; 

                       iv.in any manner other than as agreed in the Terms. 

 

You warrant to BhuMe that You will comply with all applicable laws, statutes, ordinances, regulations and treaties regarding the use of the Platform, the Services and any other related activities. 

 

c.               You agree that You will only contact other Service Provider/ User only through the Platform at all times when You avail Services and/or while providing services requested by a Service Provider/User through the Platform. 

 

d.              You are responsible for all the Service Provider Content (including messages, images, updates and files) that You post on the Platform (including with respect to its appropriateness, legitimacy and ownership). You must ensure that the Service Provider Content posted and the Feedback provided to BhuMe is in conformity with the Terms and applicable laws. When You use the Platform and/or contact BhuMe for any purpose including to provide Feedback, You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any Service Provider Content, through the Platform and otherwise, that: 

 

                         i.belongs to another person and to which You have no right; 

                        ii.is grossly harmful, harassing, blasphemous, defamatory, discriminatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; 

                       iii.harms minors in anyway; 

                       iv.infringes any patent, trademark, copyright, or other proprietary rights; 

                        v.violates any applicable laws; 

                       vi.deceives or misleads the addressee about the origin of such messages or communicates any information that 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 any other nation. 

 

e.               True and accurate information

 

                         i.You will provide true and accurate information about Your services/products and will not make any statements or act in a manner resulting in misrepresentation or offer for sale inauthentic/counterfeit products to Users. All the details of Your Services shared with Users are current, up-to-date and accurate.  

 

f.                Compliance with applicable laws.

                         i.You are complying with all the regulatory requirements, all applicable laws in regard to the Services / products that You offer on or through the Platform. 

 

g.               Communication with Users.

                         i.You will not contact Users and other Service Providers for any purposes other than those specified in these Terms and as required to provide services through this Platform. 

 

h.              No use of Automated Processes.

                         i.You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with the Platform and/or its Users unless specifically permitted by BhuMe. 

 

i.                Promotions 

                         i.You will not promote raffles, prizes, bonuses, discounts through Your Service Provider Profile or otherwise through the Platform unless authorised in writing by BhuMe; 

                        ii.You will not post any third party endorsements or any promotional material in connection with that third-party companies. 

                       iii.You will not post any content that does not relate Your services and the Services provided through the Platform. 

 

9.              Intellectual Property 

 

a.              Rights of BhuMe

 

                         i.You acknowledge and agree that all the rights, title and interests in the Platform, and/or the Services including BhuMe’s compilation of regulatory information, and all the intellectual property rights therein or related thereto are solely and absolutely owned by BhuMe or its licensor. All such rights, title and interests shall continue to vest with BhuMe or its licensor during and after the term of the Terms.  

                        ii.All intellectual property including in relation to the domain name www.bhume.in, any trademarks, logos, images and other content available on the Platform belongs exclusively to BhuMe/ its Service Providers/ or its licensors.  Through Your use of the Platform, by no means is any proprietary right in any intellectual property impliedly or expressly granted by BhuMe to You. BhuMe reserves all rights not expressly granted to the Service Provider under these Terms. You may not copy, imitate or use, in whole or in part, without the prior written permission of BhuMe or wherever applicable, the owner of the intellectual property any trademarks, domain name, logos, images and other content available on the Platform; 

                       iii.You hereby grant BhuMe a perpetual, non-revocable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt, the Service Provider Content posted/published by You on the Platform and further waive any rights that You may have under Section 30A of the Copyright Act, 1957 (or any similar provision under any applicable law) as well moral rights. 

 

b.              Your Rights

 

                         i.BhuMe grants Service Providers a limited, royalty-free right to use the Platform only for commercial purposes only in limited circumstances and in accordance with the Terms. 

                        ii.Unless explicitly stated or otherwise authorised by BhuMe, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the domain name www.bhume.in, and the content on the Platform, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.  

 

10.           Confidential Information

 

a.              “Confidential Information” shall mean all data, information and materials including, without limitation, computer software/program, documents, information, advice, manuals, databases, protocols, API, web tools, applications and interfaces and specifications provided by BhuMe, directly or indirectly, to You, under this Terms, whether written, oral or transmitted through the Platform or otherwise, and whether specifically marked as confidential or not and also includes Lead information collected/obtained by You .  

 

b.              During the course of Your interactions with us, You may come into possession of our proprietary and Confidential Information. You shall, at all times, keep the Confidential Information confidential and use all reasonable efforts, including implementing reasonable physical security measures and operating procedures, to preserve the secrecy and confidentiality of such Confidential Information. You shall not, at any time, without our prior written approval from BhuMe, make any disclosures whatsoever of any Confidential Information to others. If You are not an individual, You may disclose the Confidential Information to Your officers and employees (“Personnel”) only on “need to know basis” provided You advise such Personnel of the confidential nature of the Confidential Information and inform them not to disclose the same further. You shall, at all times, be responsible for the acts of Your Personnel.  You shall not modify or remove any confidentiality marking and/or copyright notices appearing on any Confidential Information. 

 

11.           Third Party Sites / Content

 

a.              The Platform may provide links or direct You to various third party websites, including those of other Service Providers. If You use any of these links, You may be directed / redirected to such external websites.  

 

b.              If You decide to visit any such external link, You agree to do so at Your own risk, responsibility and liability. BhuMe does not endorse any website linked to the Platform or the information appearing therein or any of the products or services described therein. You agree that BhuMe is in no way responsible for the accuracy, timeliness or completeness of information that it may obtain from these third parties and which may be posted / published on the Platform and as may be amended from time to time. You are advised use Your own judgment when engaging with third parties or relying on third party information available on the Platform. 

 

c.               Any display of third party goods / Services offered through the Platform does not in any way imply, suggest, or constitute any reputation, sponsorship, endorsement or approval of BhuMe by any such third parties. 

 

d.              Use of such third-party links shall be governed by a separate agreement between You and such third party. BhuMe will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any refunds, exchanges, personal injuries, death, property damage, or other damages or expenses resulting from interactions of the Service Provider with such third parties or from availing any goods / services from such third parties. 

 

12.           Account Suspension and Deactivation

 

a.              Suspensions or termination of accounts by BhuMe

 

There may be circumstances wherein BhuMe, at its sole discretion, will be required to suspend or terminate a Service Provider account, which will prevent You from utilising certain/all/any features available on the Platform. Suspension or termination may occur in the event BhuMe has any reason to believe that: 

 

                         i.Your account may be used for fraud or attempt to defraud; 

                        ii.Your account may be used for money laundering; 

                       iii.You are involved in collusion, rigging or cheating of any kind and are using the account for this purpose; 

                       iv.You are violating any applicable laws; 

                        v.You do not meet the eligibility criteria to access the platform; 

                       vi.You are trying to access Platform from any other territory from where BhuMe does not accept users;  

                      vii.You misrepresent or provide wrong or misleading information or commits any act leading BhuMe to believe that You have either flouted the standards of integrity or have failed to meet its commitment; 

                    viii.You provide wrong or misleading information or commits any act leading BhuMe to believe that You have either flouted the standards of integrity; 

                       ix.You are violating these Terms in any manner; or 

                        x.BhuMe is unable to verify or authenticate any information You submit. 

 

 

b.              BhuMe may, at its sole discretion, partially or fully discontinue any or all Services or discontinue the operation of the Platform at any time, with two (2) months’ prior written notice, without any liability. BhuMe will publish a general notice to that effect on the Platform, which shall be applicable to all the Service Provider. All the claims and liabilities arising before the date of discontinuation shall be valid and enforceable post discontinuation.  

 

 

c.               The Service Provider may terminate the Terms at any time, provided that the Service Provider discontinues any further use of the Platform or Services. 

 

d.              It is specifically clarified that any termination of the Terms by a User shall not cancel the Service Provider’s obligation to pay for any Services availed or initiated on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. 

 

e.               Any provision of the Terms which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms shall survive the termination or expiration of the Terms. 

 

f.                Without limiting BhuMe’s other remedies, BhuMe may issue a warning, or temporarily suspend, indefinitely suspend or terminate Your account or an agreed Service, and refuse to provide any or all Services to You if: (a) You breach the letter or spirit of any terms and conditions of the Terms; (b) BhuMe is unable to verify or authenticate any information You provide to us; or (c) BhuMe believes in its sole discretion that Your actions may cause legal liability for You, its Users, including Service Provider or for BhuMe or are contrary to the interests of the Platform. Once indefinitely suspended or terminated, You must not continue to use the Platform under the same Account, a different Account, or register under a new Account. 

 

g.               When Your account is terminated for any reason, You will no longer have access to data, messages, files and other material You keep on the Platform. The material may be deleted along with all Your previous posts and proposals. 

 

h.              In case of events falling under (i) to (iv), BhuMe may also be required to supply relevant Service Provider details and data to the applicable authority, regulator, court or other third parties including to comply with applicable laws or court orders/judgments. If investigations are ongoing and unresolved issues remain, then BhuMe will continue to suspend the Service Provider account. BhuMe also reserves the right to initiate appropriate civil or criminal action against You in the event of violation of these Terms or applicable laws. BhuMe will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities. 

 

i.                BhuMe reserves the right to delist a Service Provider in the event it receives repeated complaints and/or negative reviews about a Service Provider and/or in relation to their Services. 

 

j.                In addition to the above, BhuMe reserves the right to suspend Your Service Provider account without assigning any  reason whatsoever. 

 

k.               Upon suspension of Your Service Provider account, regardless of the reason(s), all licenses granted to You hereunder will immediately cease and Your right to use the services reserved for registered Service Providers on the Platform immediately ceases. BhuMe shall not be liable to You or any third party for any claims or damages arising out of any suspension of Your Service Provider account or any other actions taken in connection with such account suspension. 

 

 

l.                Deactivation of Service Provider account by You

 

You may also deactivate Your Service Provider account by writing to BhuMe at hello@bhume.in. Should You wish to resume using the Platform, You will be required to reactivate the existing account at any time by writing to BhuMe at hello@bhume.in.

 

Upon deactivation, all licenses granted to You hereunder will immediately cease and Your right to use the Services on the Platform immediately ceases. BhuMe shall not be liable to You or any third party for any claims or damages arising out of any deactivation of Your Service Provider account or any other actions taken in connection with such account deactivation. Service Providers must note that deactivation of account does not result in automatic termination of the agreement between such Service Provider and BhuMe and/or between any User and Service Provider., as the case may be. 

 

13.           Feedback

 

a.              Your feedback is important to us. Service Providers can provide feedback, suggestions, and ideas about our Services ("Feedback").  When providing Feedback, You agree to adhere to the terms mentioned in Section 8 above. Service Providers agree that BhuMe may, in its sole discretion, use the Feedback You provide to BhuMe in any way, including to make future enhancements and modifications to the Services. You hereby irrevocably, absolutely and perpetually assign to BhuMe and its assigns rights, title and interests in the Feedback in lieu of the Services provided in the worldwide territory. You waive any rights that You may have in such Feedback, including under the provisions of Section 19(4) of the Copyright Act, 1957 of India or any other similar provision under any law or any jurisdiction. To the extent any assignment of the Feedback and the rights therein cannot be made to BhuMe, You grant to BhuMe and its assigns a perpetual, worldwide, fully transferable, sub licensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, in any mode or media of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to You or any third party. You waive any reversionary rights You may have under Section 30 A of the Copyright Act, 1957 or any other similar provision under any law in relation to the intellectual property rights in the Feedback so licensed. 

 

14.           Liability Disclaimer

 

a.              We do not make any representations and warranties relating to the Platform including content therein, and the Services listed on the Platform. BhuMe disclaims any representation and warranties for the security, reliability, quality, timeliness, and performance of (i) the Platform, content on the Platform and Services offered on the Platform; (ii) third party products or services advertised on or received through the Platform or any links or other sources provided on the Platform; (iii) any information, content or advice received through the sites or links provided on the Platform. BhuMe makes no warranty or representation that any errors in the Platform will be corrected.   

 

b.              You agree that use of the Platform and the Services on the Platform is at Your sole discretion. BhuMe is not responsible for any consequences arising out Your use of the Platform.  

 

c.               The Platform is provided on a “AS IS” and “AS AVAILABLE” and "with all faults" basis with no representations or warranties whatsoever. BhuMe is not liable for any network, technical or other operational difficulties or problems which may result in loss of Your data, monetary loss, personalization settings or other interruptions in the features offered on the Platform. Neither BhuMe nor any third party is liable for the deletion, loss, mis-delivery, timeliness or failure to store or transmit any features or other aspects of the Platform or Services, content on the Platform or Your personalization and / or Service Provider account settings. 

 

d.              The Platform and/or any Services offered by us may be unavailable or be interrupted owing to upkeep and maintenance or for reasons beyond our control and thus we do not make any representation that the Website and/or the Services provided to You will be uninterrupted.  

 

e.               We shall have no responsibility for any damage to Your computer system(s), loss of data that results from the use of the Platform or its content. 

 

f.                During provision of the Services, BhuMe does not endorse any views expressed on the Platform and does not influence control over any particular theory, opinion, ideology, doctrine, viewpoint or position on any topic. Availing any Services and/or relying on any advice or suggestions given through the medium of the Platform is the discretion of the Service Provider and BhuMe disclaims all liabilities in this regard. 

 

g.               BhuMe is not a party to any agreements, contracts, arrangements entered into between Service Providers and Users or one Service Provider with another Service Provider and disclaims all liability in relation to such arrangements. BhuMe is and will not in any way be engaged in facilitating, negotiating or assisting in the arrangements between the Service Providers and Service Provider and Users. BhuMe shall not be responsible, directly, or indirectly, (under law, contract, tort or equity) for any act, action, omission or work of any of the Service Providers. The Service Providers fully hereby waive and relinquish any and all claims that they may have against BhuMe in relation to services provided or proposed to be provided, by the Service Providers. The Service Providers hereby expressly agree that they shall not, directly, or indirectly, (under law, contract, tort or equity) make any claims against BhuMe in relation to services provided or proposed to be provided, by them on the Platform or in relation to any payment obligation of User towards Service Providers.  

 

h.              BhuMe is not liable for any loss suffered due to reasons beyond the control of BhuMe. BhuMe is not liable for any loss suffered as result of reliance on the advice of Executives or on the advice, promises, representation, assurances made by the Service Provider. BhuMe is also not responsible for any acts, representations and consequences of performance/inadequate performance/non-performance of any services by the Service Providers. Service Providers agree that BhuMe will not be made a party to any dispute between them and Service Provider nor will BhuMe be liable in case of any such dispute.  

 

15.           Indemnity

 

a.              You hereby agree to defend, hold harmless and indemnify BhuMe and its group companies, affiliates, associates, officers, directors, employees, consultants, licensors, subsidiaries, associates, affiliates and partners of BhuMe from and against any and all losses, costs, expenses, damages or other liabilities incurred from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party, due to or arising out of or in connection with (i) Your use of the Platform, (ii) Your breach of any provision of the Terms, (iii) actual and/or alleged infringement, by   Service Provider , (iv) action or inaction on behalf of the other Service Provider in performing and delivering the agreed Services, (v) actual and/or alleged infringement of any intellectual property or other right of any person or entity, and (vi) any dispute between Service Provider and User to which BhuMe is made a party in relation to the Services sought/ provided through the Platform, and (vii) any fraud, negligence, wilful misconduct or intentional wrongdoing on Your part,. BhuMe shall notify You promptly of such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide BhuMe with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost.  

 

b.              If You are using this Platform on behalf of any legal entity, then You and the legal entity shall be jointly and severally be responsible to indemnify us, our affiliates, directors, agents and employees, harmless against any and all cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us, our affiliates, directors, agents and employees, due to or arising out of or in connection with Your use of the Platform, Services, or the content posted by You on the Platform; or Your breach of any provision of the Terms; or any negligent or intentional wrongdoing by You on the Platform. 

 

c.               You shall not settle or compromise any such matter in respect of which any indemnity claim arises without our prior written consent. BhuMe shall be entitled to participate in such defence through our own counsel at Your cost and expense. 

 

16.           Limitation of Liability

 

a.              To the fullest extent permitted by law, BhuMe is not and will not be liable for any direct, indirect, remote, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill) arising out of or in connection with the Platform or the Services, even if BhuMe has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation to damages due to: (a) the use of or the inability to use the Platform or (b) conduct of any Service Provider on the Platform (c) unauthorized access to or alteration of transmissions or data, (d) malicious or criminal behaviour, or false or fraudulent transactions (e) technical or other operational lapses on the Platform (f) services provided by any Service Provider. In any event, the liability of BhuMe arising out of the Terms shall not exceed service fee, if any, paid to BhuMe. 

 

17.           Personal Information and Data Security

 

a.              BhuMe may collect, store, use, process and transfer to third parties or other Service Providers information provided by You at the time of registration of Your account, or during the course of Your use of the Platform, including Your personal information that shall be governed by the applicable data protection laws and the Privacy Policy. 

 

b.              For more information on the security measures and systems that BhuMe has in place for the protection of personal Information collected from You on the Platform, kindly refer to our Privacy Policy. 

 

c.               BhuMe is not responsible for and disclaims all liability in relation to personal information directly shared by You with Service Providers via the Platform. 

 

d.              BhuMe shall not be liable or responsible for any information or data shared by You with the Users or other Service Providers.  

 

18.           Governing Law & Jurisdiction

 

The Terms is governed by the provisions of Indian law.  

Either party shall have the right to seek interim reliefs at appropriate forums / courts having jurisdiction thereof. Subject to Section 17 below, the courts at Mumbai, Maharashtra shall have exclusive jurisdiction over all matters connected with these Terms and Your use of the Platform.  

 

19.           Dispute Resolution

 

a.              In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the Parties hereto shall endeavor to settle such dispute amicably in the first instance. For this purpose, You may write an e-mail to us on hello@bhume.in. 

 

b.              The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing. 

 

c.               If Parties are unable to resolve the dispute within thirty (30) days through negotiation, BhuMe and the Service Provider hereby expressly agree that all disputes shall be finally settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the English language. The seat of arbitration shall be Mumbai. The arbitration shall be conducted by a sole arbitrator mutually appointed by BhuMe and the disputing Service Provider. Arbitration awards shall be reasoned awards and shall be final and binding on BhuMe and the disputing Service Provider and shall be enforceable in any court of competent jurisdiction. 

 

 

 

20.           Term 

 

a.              The Terms will remain in full force and effect while You are registered with the Platform or use any Services available on the Platform in any form or capacity.  

21.           Independent Contractor 

 

a.              These Terms does not create the relationship of employer - employee, principal and agent, joint ventures, or partners between the Service Providers and BhuMe, and in no circumstances, shall BhuMe be considered an agent of Service Providers.  

 

b.              BhuMe does not, and shall not be deemed to, direct or control You generally or in Your performance under these Terms specifically, including in connection with provision of services by the Service Providers. You acknowledge and agree that You have complete discretion whether to use the Services, list as a Service Provider or otherwise engage in activities on the Platform. 

 

22.           General Provisions

 

a.              Entire Terms: The Terms and agreements entered into between You and BhuMe, if any, constitute an entire, valid and binding agreement between You and BhuMe and governs Your access and use of the Platform.  In the event, these Terms are available in multiple languages, the Terms written in the English language and the meaning and intent conveyed thereunder shall prevail over the Terms of other languages and the Terms in the English language will be final and binding on the Service Providers and the Platform. 

 

b.              Binding Nature: These Terms shall be binding upon You and BhuMe and Your legal heir, administrator, executor, successors-in-interests and permitted assigns. 

 

c.               Severability: If one or more of the provisions contained in the Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.  

 

d.              Waiver: The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder.  

 

e.               Assignment: Your relationship with BhuMe is a personal arrangement. You may not assign or sub-license, without the prior written consent of BhuMe, the rights, duties or obligations under the Terms, in whole or in part, to any person or entity. BhuMe may assign or sub-license in whole or in part any of its rights, duties or obligations under the Terms to any of its affiliates. 

 

a.              Force Majeure: Except for the payment of fees to BhuMe, neither of the parties to this Terms shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, lockdowns, operation of law, epidemics, pandemics, cyber attacks, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. 

 

b.              Notices: All notices and communications to the Platform shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address: 

 

Postal Address: 

Piplewar Construction LLP, 

14/91, Bajpei Ward, 

Murri Road, 

Gondia, Maharashtra 441601

Email Address: hello@bhume.in

Legal notices will be served to the email address You provide to us while enrolling as a User on the Platform. Notice will be deemed given 24 hours after such email notice has been sent. 

 

23.           Contact Us

 

If You have any questions or concerns regarding the Terms of Use or for any technical support or use of Services, please write to us at hello@bhume.in. Our authorised representatives may reach out to You to answer Your queries and/or address Your concerns. 

 

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below who can be contacted with respect to any complaints or concerns including those pertaining to breach of the Terms and other policies or questions: hello@bhume.in

 

These Terms of Use were last updated on: 22nd August 2023