This website is owned and operated by the Bardiya Group of Companies. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and hereby agree to accept and adhere to the following terms and conditions, along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy on our website for more information).
In these Terms and Conditions, “you”, and “User” shall mean the end user accessing the Website, its contents, and the services offered through the Website, and “we”, “us”, “company” and “our” shall mean Bardiya Group of Companies and its subsidiary(ies), associates and affiliates, including Empyreal Club, Nanomatrix Materials, G1 Wonders, etc. (collectively “Bardiya Group“).
By visiting our website and accessing the information, resources, services, products, and tools (hereafter referred to as ‘Resources’), we provide for you, either directly or indirectly you agree to use these Resources only for the purposes intended as permitted by:
a. The contents of this Terms and Conditions.
b. Applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
1. We reserve the right to change these Terms and Conditions from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms and Conditions periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
2. We have made all reasonable efforts by ourselves, to cause you to not host, display, upload, modify, publish, transmit, store, update, or share any information on our website that—
i) belongs to another person and to which you do not have any right;
ii) is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing based on gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes you harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
iii) is harmful to the child;
iv) infringes any patent, trademark, copyright, or other proprietary rights;
v) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information that is patently false and untrue or misleading or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify;
vi) impersonates another person;
vii) threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offense, or prevents investigation of any offense, or is insulting other nation;
viii) contains software virus or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer resource;
ix) violates any law for the time being in force
We clarify that the terms “user harm” and “harm” mentioned above mean any effect that is detrimental to a user or child, as the case may be.
3. In case of non-compliance with these Terms and Conditions or our privacy policy for access or usage of our website, we reserve the right to terminate the access or usage rights of the users to the computer resource immediately or remove non-compliant information or both, as the case may be.
4. 4.1 Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or agency, we reserve the right to not host, store, or publish any unlawful information, that is prohibited under any law for the time being in force either concerning:
a. the interest of the sovereignty and integrity of India;
b. security of the State;
c. friendly relations with foreign States;
d. public order;
e. decency or morality;
f. about contempt of court;
g. defamation;
h. incitement to an offense relating to the above, or;
i. any information which is prohibited under any law for the time being in force.
4.2 If any such information mentioned in clause 4 is hosted, stored, or published on our website, then we shall remove or disable access to that information, as early as possible, but in no case later than 36 (thirty-six hours) from the receipt of the court order or on being notified by the Appropriate Government or its agency, as the case may be.
4.3 That the removal or disabling of access to any information, data, or communication link on our website within the categories of information specified under clauses 2 and 4 voluntarily, or based on grievances received by us, shall not amount to a violation of the conditions of clauses (a) or (b) of sub-section (2) of section 79 of the Information Technology Act, 2000.
5. That the temporary or transient or intermediate storage of information automatically by us on our website within our control as an intrinsic feature on our website, involving no exercise of any human, automated, or algorithmic editorial control for onward transmission or communication to another computer resource or website shall not amount to hosting, storing or publishing any information.
6. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up-to-date.
7. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical, or unconventional means.
8. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
9. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
10. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
11. You agree to indemnify and hold harmless Bardiya Group of Companies and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Terms and Conditions or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms and Conditions. In such event, you shall provide us with such cooperation as is reasonably requested by us.
12. We take all reasonable measures to secure our website and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011.
13. We reserve the right to develop, produce, distribute or employ technological means for the purpose of performing the acts of securing our website and the information contained therein.
14. We further reserve the right to report cyber security incidents and share related information with the Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013.
15. We take all reasonable measures to ensure the accessibility of our services to you along with reasonable expectations of due diligence, privacy, and transparency.
16. We respect all the rights accorded to the citizens under the Constitution of India.
17. By accessing our website, you also acknowledge, agree, confirm, understand, and undertake the following covenants:
i) Website for Information Purposes Only
The information including brochures and marketing collaterals on this website is solely for informational purposes only and you have not relied on this information for making any booking/purchase in any of our projects. Nothing on this website constitutes advertising, marketing, booking, selling an offer for sale, or an invitation to purchase a unit in any project in any manner by us.
ii) Project details and Visuals
The present content on the website(s), regarding the project and with respect of the apartments, plot or building, and project layout, area, amenities, services, terms of sale, and other relevant terms, are based on the approved and sanctioned plans subject to any modification and change in consonance with relevant laws or as directed by the authorities. The visuals, pictures, images/ renderings/ maps of the project at the development/ construction stage, are purely indicative, informative, and representational in nature and only an architect’s impression unless specifically claimed to be actual photographs.
iii) Limitation of Warranties
You understand and agree that any content downloaded or otherwise obtained through the use of our Resources is done at your discretion and risk and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
No information or advice, whether expressed, implied, oral, or written, obtained by you from Bardiya Group or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms and Conditions.
Unless otherwise expressed, Bardiya Group expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
i) Limitation of Liability
In conjunction with the Limitation of Warranties, as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for the use of products and/or services. Bardiya Group will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
ii) Copyrights/Trademarks
All content and materials available on https://www.bardiyagroup.com, including but not limited to text, graphics, website name, code, and images are the intellectual property of Bardiya Group and are protected by applicable copyright and trademark laws. Any inappropriate and unlawful use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized by Bardiya Group in writing.
i) Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. To read our Privacy Policy in its entirety, click here.
iii) Governing Law
The particulars on the website mention details of the projects/ developments undertaken by the Company including depicting banners/ posters of the project. The contents are being modified in terms of the stipulations/ recommendations under the Real Estate (Regulation and Development) Act, 2016 (“RERA”), Information Technology Act, 2000 and Rules made thereunder and accordingly may not be fully in line thereof as of date. This website is controlled by Bardiya Group from our offices located in the state of Rajasthan, India. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of Rajasthan, India, without regard to the conflict of laws, will apply to all matters relating to the use of this website.
Furthermore, any action to enforce this User Agreement is governed by and construed in accordance with the laws of India and subject to the exclusive jurisdiction of the court(s) of India at Jaipur only.
DISCLAIMER
The user(s) are cautioned and advised not to rely upon any information stated on any other websites that may appear to be similar to the Group’s official website and/or contain the Group’s logo/brand name or information about the Group or its projects.
This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Information Accuracy and Updates
Information may be changed or updated without notice. The Company may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
The particulars on the website mention details of the projects/ developments undertaken by the Company including depicting banners/ posters of the project. The contents are being modified in terms of the stipulations/ recommendations under the Information Technology Act, 2000, Real Estate (Regulation and Development) Act, 2016 (“RERA”), and Rules made thereunder and accordingly may not be fully in line thereof as of date. You are therefore requested to directly verify all details and aspects of any proposed booking/ acquisition/ purchase of units/ premises/ products, directly with our authorized staff/ Company prior to concluding any decision for buying any unit(s) in any of the said Projects.
The website and all its contents are provided on an “as is” and on an “as available” basis. No information given under this website creates a warranty or expands the scope of any warranty that cannot be disclaimed under applicable law. Your use of the website is solely at your own risk. This website is for guidance only. It does not constitute part of an offer or contract. The design & specifications are subject to change without prior notice. The computer-generated images are the artist’s impression and are indicative of the actual designs.
Website for Information Purposes Only
By accessing this website, the viewer/user confirms that the information including brochures and marketing collaterals on this website is solely for informational purposes only and the viewer/user has not relied on this information for making any booking/purchase in any project of the Company. Nothing on this website constitutes advertising, marketing, booking, selling, or an offer for sale, or invitation to purchase a unit in any project in any manner by the Company.
Project Details and Visuals Disclaimer
The present content on the website(s), regarding the project and with respect to the apartments, plot or building, and project layout, area, amenities, services, terms of sale, and other relevant terms, is based on the approved and sanctioned plans subject to any modification and change in consonance with relevant laws or as directed by the authorities. The visuals, pictures, images/ renderings/ maps of the project at the development/ construction stage, are purely indicative, informative, and representational and only an architect’s impression, unless specifically claimed to be actual photographs.
Liability On Content
The Company expressly disclaims all liability with respect to actions taken or not taken based on any or all the contents of this website. The Company will in no circumstance be liable for any expense, loss, or damage including, without limitation, indirect or consequential loss or damage, or any expense, loss, or damage whatsoever arising from the use of data, arising out of or in connection with the use of this website.
Third-Party Links
Some links within the website may lead to other websites, including those operated and maintained by third parties. The Company includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, and its contents or under RERA.
The Company makes no representations whatsoever about any other website that you may access through this one. When you access a non-Company Realty website, even one that may contain the Company logo, please understand that it is independent of the Company, and that the Company has no control over the content on that website. In addition, a link to a non-company Website does not mean that the Company endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
User Agreement
By using or accessing the website, the user agrees, acknowledges, and accepts all the terms and conditions of the disclaimer without any qualification or limitation.
The Company will not be accepting any bookings or allotments based on the images, material, stock photography, projections, details, or descriptions that are currently available and/or displayed on the website.
In no event, the Company will be liable to any party for any direct, indirect, special, or other consequential damages for any use of this website, or any other hyperlinked website, including without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.