Welcome to Kodumax

Terms & Conditions

Introduction
Welcome to Kodumax.com, the online platform operated by Kodumax. By accessing or using Kodumax, including any subdomains, mobile applications, and other associated services, you agree to be bound by the following terms and conditions, privacy policy, and community guidelines (collectively referred to as the "Agreement"). Kodumax and any linked websites are provided to you as an online information and communications service, subject to your compliance with these terms. Kodumax reserves the right to modify these terms and conditions at any time, with such modifications becoming effective immediately upon posting on Kodumax. Your continued use of Kodumax signifies your acceptance of any amended terms. Additionally, Kodumax may temporarily suspend Kodumax for maintenance, updates, or other reasons.
Misuse of Kodumax may result in termination of your access. We reserve the right to take appropriate action in such cases.

Definitions
The term "Subscriber" encompasses any individual or legal entity who has subscribed to Kodumax's services, whether on a paid or free basis, and has been granted access through a designated username and password, either provided by Kodumax or chosen by the Subscriber. It is emphasized that only authorized Users have the right to access Kodumax's services.
A "Browser/Visitor" refers to a person who utilizes Kodumax's services without the need to create an account, accessing non-restricted portions of the platform.
Access to Kodumax is subject to these terms, conditions, and community guidelines. Anyone accessing the services without legal or contractual rights will be considered an 'unauthorized user' and is bound by the terms and conditions, particularly concerning the respect of Kodumax's intellectual property rights.
The terms 'User' and 'Customer' include both Subscribers/Advertisers and Browsers/Visitors.
'Service' or 'Services' refer to the interactive online information service provided by Kodumax on the internet, including access to its database, search tools, and advertising space. Kodumax does not act as an agent for any User/Customer but merely facilitates information exchange.

Submission and administration of listings/advertisements
Users must not submit any property-related information to Kodumax unless they have obtained all necessary rights and authorizations from the property owner or power-of-attorney holder, including photographers or copyright owners, to publish and advertise the property. Kodumax does not claim ownership of banners hosted on its website by customers; these are strictly for sale of space by Kodumax, and no independent verification of their authenticity or compliance with legal requirements has been conducted. Listings may contain third-party video content for informational purposes only, and Kodumax and the providers of such content do not guarantee its accuracy or completeness or intend to influence any purchase decision. Users covered under RERDA must obtain all required approvals, licenses, and permits for their listed projects, following legal procedures and remaining compliant with all applicable laws. Users must disclose all material information about their listed properties, including current status and encumbrances, and remain in compliance with all applicable laws.The User must provide all relevant and accurate information regarding the property being advertised, including its dimensions, registration status under RERDA, current status, nature, and any encumbrances. Additionally, the User must furnish a brief background of the property concerning its title, ownership, and possession. Kodumax reserves the right to request supporting documents from the User to verify the property's status. The User may also be asked to provide an affidavit affirming the authenticity of the information provided. Kodumax may, at its discretion, search for and remove properties that are suspected to have been submitted in violation of these requirements.Furthermore, Kodumax reserves the right to request further evidence of compliance with these provisions from Users accused of submitting properties or information/data in violation of the terms and conditions. Kodumax, at its sole discretion, may terminate the accounts of and refuse service to any User who repeatedly or intentionally violates these terms and conditions. Additionally, Users agree to allow their property listings, or any part thereof, to be searched, displayed, accessed, downloaded, copied, and referenced by users of both the User's website and the Kodumax website.

Kodumax retains sole authority over how any Property is made searchable, displayed, accessed, downloaded, copied, and used on its platform, with the right to modify property listings as per its discretion under these terms and conditions. Additionally, Users agree:
(a) To ensure that all Properties and associated information provided are accurate;
(b) Not to post properties on Kodumax under a name other than that of a duly authorized real estate agent engaged by the property owner.
Kodumax will place property information in defined sections of its platform or other associated sites. Kodumax reserves the right to remove all or part of the Properties posted on the User's website or Kodumax without notice, in line with reasonable commercial practices. Kodumax does not take responsibility for verifying the accuracy of reports or data files submitted by Users. While Kodumax will make reasonable efforts for data backup and business resumption, Users are solely responsible for retaining backup copies of all submitted materials.
Users purchasing or renting properties through Kodumax must independently verify property details, ownership, and any liens. The 'verified' tag on properties indicates verification of their existence as advertised but does not verify documentation, ownership details, area, or pricing details.

Payment Terms
• Payments for Kodumax services must be made in full in advance. Once subscribed to, payments are non-refundable, and any amount paid will be considered appropriated. Refunds, if granted, are at the sole discretion of Kodumax. Kodumax does not guarantee the accuracy or timeliness of refunds reaching users' card/bank accounts. Kodumax reserves the right to set off amounts paid against any amounts owed by the user under other agreements or commercial relationships. Kodumax does not guarantee server uptime or proper functioning of applications; liability is limited to refund of amounts paid. Kodumax reserves the right to amend/disclaim terms without prior notice.
• Kodumax takes utmost care to ensure the security of data/information related to electronic money transfers. Credit card data is not stored by Kodumax; transactions are completed through a third-party Payment Gateway for maximum security.
• Kodumax is not liable for any loss or damage resulting from disclosure of user account information or online transaction details, whether inadvertent or otherwise. This includes errors, omissions, or inaccuracies in disclosed information, regardless of whether it occurs due to a legal process or otherwise.

Refund in failed transactions
While Kodumax's payment reconciliation team operates on office hours, Kodumax cannot guarantee the accuracy or timeliness of refunds reaching subscribers' card/bank accounts. This is due to various organizations involved in processing online transactions, issues with internet infrastructure, and financial institution working days/holidays. Refunds for incorrect or objectionable property content posted on the site are at Kodumax's discretion.
Failure to comply with these terms and conditions may result in Kodumax terminating or blocking your access. Additionally, Kodumax may seek further action as deemed appropriate for any misuse of its services.

Rental property services terms
The Rental Property Services provided by Kodumax are solely intended for rent payment, charging, or for preparing and registering rental agreements. Users are prohibited from transmitting any information obtained through the Rental Property Services to third parties. The User bears full responsibility for the accuracy of the furnished information and is liable for any incurred liabilities. Kodumax, its affiliates, and employees are held harmless against any claims or actions by individuals, financial institutions, or regulatory bodies. By utilizing this service, Users agree that Kodumax may share provided information with third parties for processing on the User’s behalf, as necessary. Users are prohibited from submitting false or fraudulent information through any of the Services offered.

Rental payment
The Rental Property Services provided by Kodumax are strictly intended for rent payment, charging, or for preparing and registering rental agreements. Users are prohibited from transmitting any information received through these services to third parties. The User bears full responsibility for the accuracy of the furnished information and is liable for any incurred liabilities, holding Kodumax, its affiliates, and employees harmless against any claims or actions by individuals, financial institutions, or regulatory bodies. By utilizing this service, Users agree that Kodumax may share provided information with third parties for processing on the User’s behalf, as necessary. Users are also prohibited from submitting false or fraudulent information through any of the Services offered.
By making payment, Users authorize Kodumax to hold, receive, and disburse funds in accordance with the User’s payment instructions provided through Kodumax for facilitating the transfer of money to the intended beneficiary as specified by the User. If a transaction is affected due to incomplete/incorrect details furnished by the User, Kodumax reserves the right to deduct any applicable service charge, processing fees, or other fees incurred. Kodumax or its affiliates and employees are not responsible for any incorrect or unintended transactions. Depending on the security or financial risk associated with the transaction, Kodumax may delay, suspend, or reject it.
Transactions may be subject to a Chargeback if disputed, reversed, or unauthorized, or if they are unlawful or not in accordance with these terms. In such cases, Users are required to immediately pay any owed amounts, including additional fines or penalties levied by the payment gateway or issuer, and to provide complete assistance in any resulting investigations.

Rental agreement
By agreeing to these terms, both the User and the property owner consent to providing any personal information uploaded by the User, ensuring that such information is uploaded only after obtaining the necessary consents from the owner(s) of the personal information for such use. The User is solely responsible for ensuring the accuracy and completeness of this information, as required for the lawful and complete registration of rental agreements in the applicable jurisdictions, along with any additional information as and when required.
Users agree that by using these Services, they will bear all stamp duty charges or any other charges levied as per applicable law, and they will not hold Kodumax or its affiliates and employees liable for any fines or penalties that may arise due to the payment of insufficient charges.

Tenant verification
The User expressly permits all details shared for verification purposes to be shared with a Verification Partner, defined as any third party engaged to provide tenant verification services. This includes contact details for the purpose of availing the services. The User is solely responsible for verifying the quality of Tenant Verification services offered by the Verification Partner, and Kodumax shall not be liable to any party for any services provided by the Verification Partner. Additionally, the User is responsible for obtaining the express consent of the Lessee before sharing personal documents and information with the Verification Partner.

Use of Information
User agrees to consider all information obtained from the Service, including listings, member directory, and any other information provided through the Service ("Content"), as proprietary to Kodumax. User acknowledges that Content reserved for members will be treated as confidential and safeguarded as a trade secret of Kodumax. Kodumax does not guarantee the accuracy of, endorse, or recommend any Content, and Users utilize such Content at their own risk. Users may access listings/advertisements in the Service solely for initial information gathering, with further evaluation and investigation to follow.
User must restrict access to and use of listings for personal and internal purposes only, refraining from using listings obtained from the Service for further distribution, publication, public display, or the creation of derivative works, or facilitating any such activities in any manner. User is prohibited from using or reproducing any Content obtained from the Service for or in connection with any other listing/advertising Service or device. Additionally, Users must not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Violations of these terms, particularly abusive or excessive searching by automated or manual means, will result in immediate termination of membership without prior notice.

Intellectual property rights
All logos, brands, trademarks, and service marks ("Marks") displayed on Kodumax are either owned or used under license by Kodumax and/or its associates. All rights arising from these Marks, whether statutory or otherwise, are fully vested with Kodumax/its associates. Accessing Kodumax does not grant the User any license or right to use these Marks, and therefore, any use of these Marks in any form or manner is strictly prohibited. Violation of this policy constitutes an offense under the prevailing laws of India.
Kodumax respects the Intellectual Property Rights (IPRs) of all individuals and will continue to adhere to all applicable laws in India regarding IPR protection. Kodumax is committed to protecting and respecting the IPRs of users and third parties to the best of its ability. If any user is found to be using Kodumax to infringe upon the IPRs of others, Kodumax reserves the right to terminate the Agreement immediately without notice.
By granting Users access to Kodumax, Kodumax provides a limited, non-exclusive, non-assignable, and revocable license (the "License") to access and use the Services, provided that the User complies with the terms and conditions of the Agreement.

Restrictions/Prohibitions
1. The following actions will, among others, constitute misuse of Kodumax and are strictly prohibited:
a. Utilizing the Services offered by Kodumax in any manner that impairs the interests and functioning of Kodumax/Kodumax and is non-compliant with laws and regulations, including RERDA.
b. Copying, extracting, downloading, sharing, modifying, selling, storing, distributing, making derivative works from, or otherwise exploiting any content, data, information, including profiles, personal details, photographs, and/or graphics available on Kodumax and/or any services or products of Kodumax, in a manner inconsistent with the Terms of Use. Users are expressly prohibited from using or exploiting Kodumax and/or any content or data provided therein for:
   - Any commercial purposes such as creating alternate databases, extending access to Kodumax to third parties without prior written consent from Kodumax.
   - Undertaking any business activity that competes with Kodumax.
   - Sharing access with persons not contracted with Kodumax.
   - Reselling the products/services offered by Kodumax.
c. Using or attempting to use any automated program, software, system, or similar process (including spiders, robots, crawlers, etc.) to access, navigate, search, copy, monitor, download, scrape, crawl, or otherwise extract data or content from Kodumax.
d. Gaining or attempting to gain unauthorized access (including hacking, password "mining," or any other means) to any portion or feature of Kodumax, services, products, servers, websites, programs, or computer systems not intended for the User.
e. Modifying the services provided through Kodumax or their appearance without explicit written consent from Kodumax.
f. Accessing Kodumax through interfaces other than those provided by Kodumax.
g. Attempting to breach or circumvent any security or authentication measures set up by Kodumax.
h. Scraping, downloading, replicating, or otherwise extracting information or data from Kodumax for offering similar products or services competing with Kodumax.
i. Reverse engineering, decompiling, disassembling, deciphering, or attempting any of the aforementioned actions on Kodumax or related technology.
j. Circumventing or attempting to circumvent any technological protections used by Kodumax or third parties.
k. Bypassing or circumventing service limits imposed by Kodumax.
l. Interfering with or disrupting the use of Kodumax by any other User.
m. Developing or using any automated program, scripts, robots, or similar processes to access, navigate, search, copy, monitor, download, scrape, crawl, or modify data or content from Kodumax without explicit consent from Kodumax.
n. Impersonating any other person or entity.
o. Forging headers or manipulating identifiers to disguise the origin of any user information.
p. Stalking, threatening, harassing, or engaging in any manner of harassment toward any other User.
q. Imposing an unreasonable or disproportionately large load on Kodumax's infrastructure.
r. Engaging in "framing," "mirroring," or simulating Kodumax's appearance or function without prior permission from Kodumax.
s. Spamming Kodumax/Kodumax or any other Users.
t. Hosting, modifying, uploading, posting, transmitting, publishing, or distributing any material or information that violates applicable laws, infringes rights, contains viruses, is harmful or threatening, or is otherwise unlawful or offensive.
Additionally, Users agree not to:
1. Copy, distribute, modify, or reuse information from Kodumax on any other server.
2. Remove any copyright, trademark, or other intellectual property notices contained in the original material from Kodumax or linked content without express written consent from Kodumax.
Violations of system or network security may result in civil or criminal liability.

Links to third party web sites
Kodumax may provide links to other third-party websites or resources. Kodumax makes no representations whatsoever about any other website you may access through Kodumax.

Disclaimer and Warranties
Kodumax is considered an intermediary under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
The content of Kodumax is provided "as is" and on an "as available" basis, without warranties or representations of any kind, either express or implied. Kodumax and third parties providing materials, services, or content to this website disclaim all warranties, express or implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, or other violations of rights regarding services, products, material, and contents of Kodumax.
Views expressed by users are their own, and Kodumax does not endorse them or take responsibility for them. While every attempt is made to ensure the content is not misleading, offensive, or inappropriate, no claim is made as to the accuracy and correctness of the information on the site. Any inaccuracies or improper content should be reported.
It is solely the user's responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, real estate, and other related information listed on the website. Kodumax does not warrant that access to the website will be uninterrupted or error-free, or that defects in the website will be corrected.
Kodumax offers no guarantees or warranties that there would be a satisfactory response or any response at all once the listing/banner is put on display. Any payments made to Kodumax/Kodumax are solely for the purposes of displaying the advertised property.
Users are strongly advised to independently verify the authenticity of any pre-launch offers received by them. Kodumax does not endorse investment in any projects that have not received official sanction and have not been launched by the builder/promoter. Users dealing in such projects do so entirely at their own risk and responsibility.
No information contained in Kodumax shall constitute an invitation or an offer to invest in Kodumax or any of its affiliates. Additionally, nothing in Kodumax should be construed as a recommendation to use any product, process, equipment, or formulation in conflict with any patent. Kodumax makes no representation or warranty, express or implied, that the use thereof will not infringe any patent or otherwise.
Kodumax is controlled and operated from India, and it makes no representation that the materials are appropriate or will be available for use in other parts of the world. If you use Kodumax from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
Kodumax offers products, services, content, and various other functionalities through Kodumax and its affiliate sites to specific regions worldwide. The services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments, and other considerations/factors. Kodumax does not make any warranty or representation that a user in one region may also obtain the services as provided in another region. Information on Kodumax may contain references to products, programs, or services that are not announced or available in your country. Such references do not imply that Kodumax intends to announce, launch, or provide such products, programs, or services in your country.

Liability limitation
Kodumax will not be liable for any damages arising out of or related to the use or inability to use Kodumax, its content, or links, including but not limited to damages caused by errors, omissions, interruptions, defects, delays in operation or transmission, computer viruses, line failures, and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary, or consequential damages, whether based on warranty, contract, tort, or any other legal theory, including Force Majeure, and whether or not such organizations or entities were advised of the possibility of such damages.
Kodumax assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft, or destruction, or unauthorized access to or alteration of user's data/information. Kodumax shall not be responsible for any problem or technical malfunction of online systems, servers or providers, computer equipment, software, failure of email, or players on account of technical problems or traffic congestion on the Internet or at any website, including injury or damage to any user and/or members or any other person's computer related to or resulting from participating or downloading materials/information from the website.
For the purposes of the Consumer Protection Act, 2019 (CPA), the term "consumer" will be limited to paid customers who have not subscribed to Kodumax for commercial gain (business purposes) and intend to utilize the services for individual use only.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Kodumax (service provider) is to provide access to its online portal to the customer for the duration of the subscription period. Any reference to usage or any other performance obligation provides the upper limit for consumption, which does not create any additional performance obligation upon Kodumax.
Kodumax will not be liable for any inaccuracy of information on this website. Any breach of privacy or of the information provided by the consumer to Kodumax to be placed on the website by technical or any other means is not the responsibility of Kodumax. Kodumax does not guarantee the confidentiality of information provided to it by any person acquiring/using any information displayed on Kodumax website or any of its other websites/domains owned and operated by Kodumax.

Termination
Kodumax reserves the right to terminate or restrict your use or access to Kodumax, or any part thereof, without notice, at its sole discretion and at any time. This action may be taken for any reason, including but not limited to instances where Kodumax believes, based on its judgment and perception, that you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

Indemnification
Submitting and using unauthorized information/material from Kodumax may violate various laws, including copyright, trademark, privacy, and publicity laws, as well as communication statutes and regulations. You are solely responsible for your actions or the actions of anyone using your username and/or password.
By using Kodumax, you agree to defend, indemnify, and hold harmless Kodumax and/or its associates, subsidiaries, officers, directors, employees, affiliates, licensees, business partners, and agents from any claims, actions, or demands, including legal and accounting fees, arising from your use of Kodumax material or your violation of these terms and conditions or any applicable law.
Kodumax will not be involved in any legal disputes between parties using its services. If Kodumax is implicated in legal proceedings, costs will be recovered from the party naming Kodumax. Kodumax will comply with any court order served through due process.