MagikNest Pvt. Ltd. is making its MagikNest Mobile App available to you subject to these evolving Terms of Service (ToS). The ToS govern your access to and use of MagikNest’s services available via our MagikNest Mobile App. The MagikNest App includes MagikNest’s related Websites, SMS, APIs, email notifications, Applications, buttons, widgets, ads, commercial services, and any other related services that can be accessed via our MagikNest App or that link to these ToS and any information, text, links, graphics, photos, videos or other materials or arrangements of materials uploaded, downloaded or appearing on the services. By using the MagikNest app and services you agree to be bound by these ToS. Since these ToS are evolving, expect frequent changes to them, and with such changes, your use, rights and privacy expectations may also change.

The individuals who are referred by the existing Members or who are directly approaching us to avail the tools and services provided by MagikNest have to Register themselves and Accept the Terms and Conditions mentioned in this and subsequent paragraphs.

1. Who May Use The Services:

   If the law in your jurisdiction allows you to enter into agreements with third parties, you agree to these ToS, and you are a member of MagikNest in good standing, then you can use the MagikNest App and Services. However, if (a) your mind is legally incapacitated (mental disability, intoxication, under the age of 14, etc.) for any reason, or (b) you are no longer or not yet a member in good standing of MagikNest, then you are not allowed to use the MagikNest App and Services.

2. Privacy:

   Our Privacy Policy describes how we collect, process, store and share the information you provide to us when you use our MagikNest App and Services. You understand that through your use of the services, you are consenting to the collection and use (as set forth in the Privacy Policy) of this information.

3. Content on the Services:

   You are responsible for your use of the MagikNest App and Services and for any content you provide, including compliance with applicable laws, rules and regulations.
   Examples of unethical or unlawful activities include, but are not limited to the following:

1. False, misleading or despairing statements of any kind including but not limited to about MagikNest or its affiliated entities or any person or entity using the App or Services.
2. Any Unauthorized use of the name, logo, trademark or copyrighted material of MagikNest, its affiliated entities or local laws or regulations.
3. Violation of any federal / central, state or local laws or regulations.



4. Your use of software made available by the MagikNest App is subject to any license agreement or user agreement that accompanies or is included with the software, the downloaded and upload process and documents that accompany the software. In the event that software is provided on or through the site and is not licensed for your use through license Terms specific to the software, You may use the software subject to the following : (a) the software may not be modified or altered in any way: and (b) the software may not be redistributed.

   You agree not to use the MagikNest App or the services to:

• Upload, post or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that harm minors in any way.
• Interfere with or disrupt the App or Services or servers or networks connected to the App or the Services.
• Violate any applicable laws or any regulations having the force of law; or
• Stalk or otherwise harass another person.



5. You bear all risks associated with the use of any content on the MagikNest App or in connection with the Services including any reliance on the accuracy, completeness, or usefulness of such content.

   
   You acknowledge that MagikNest may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary.

   The Services and software embodied within the service may include security components that permit digital materials to be protected. The use of these materials is subject to usage rules set by MagikNest and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.

   MagikNest is a registered intellectual property and understands the costs and expenses in developing and maintaining intellectual property. MagikNest also respects the intellectual property rights of others and expects its users of the MagikNest app and services to the same. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

6. Using The Services:

   MagikNest’s Services are constantly evolving and our Services are likely to change from time to time, at our discretion and in accordance to our terms. MagikNest reserves the right to stop (permanently or temporarily) providing services or any features within the Services to you or to any user. MagikNest may also remove or refuse to distribute any content via the MagikNest App and services, suspend or terminate users. You acknowledge and agree that in consideration for MagikNest granting you access to and use of the MagikNest App and services, or in connection with the display of content (including your submitted or posted content) or information from the services whether submitted by you or others.

   MagikNest also reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) Satisfy any applicable law, regulation or legal process.

   MagikNest does not disclose personal identifying information to third parties except in accordance with its privacy policy.

7. Your Account:

   If you choose to join MagikNest as a user you will be provided access to our MagikNest App. You need to join MagikNest by registering in MagikNest mobile app to use our online services on the MagikNest App. You are responsible for safeguarding your MagikNest account. MagikNest mobile app requires an OTP, which will be sent on your verified mobile number and your account will be opened.  MagikNest cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

8. Lead:

   Lead is a Prospective / Potential customer of Real estate Industry, which is referred by a Member of MagikNest or who is directly approaching us to avail the tools and services related to property search. Leads have to register themselves on MagikNest and Accept the Terms and Conditions.

9. Ending These Terms of Service.

   You may end your association with MagikNest at any time by discontinuing your use of the services. MagikNest may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) You have violated these ToS, (ii) You create risk or possible legal exposure for us; (iii) Your account should be removed due to prolonged inactivity; (iv) Your MagikNest account expires or is otherwise not renewed or terminated.

10. Third Party Beneficiary.

    You agree that these ToS is not an agreement between you and Apple, Google or any other third party. MagikNest grants you the right to use the MagikNest App on either an iOS or Android product that you own or control, and as permitted by such product’s applicable usage rules. Apple, Google or other applicable third party, and their subsidiaries are third party beneficiaries of this ToS and Privacy Policy, and upon your acceptance, these third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce these ToS against you.

11. All Other Terms.

    The following additional terms also apply to your use of the MagikNest Mobile App.

    a) Representations and Warranties.

    For each piece of content that you submit, you represent and warrant that;

    (i) you have the right to post the content to MagikNest.

    (ii) MagikNest will not need to obtain licenses from any third party.

    (iii) The content does not infringe on any third party’s rights, including intellectual property rights.

    b) Intellectual Property.

    All content included on the MagikNest App and in connection with the services such as text, graphics, logos, button, icons, images, audio clips, digital downloads, data compilations and software, is the property of MagikNest or its content suppliers and is protected by copyright laws. All software used on the site is the property of MagikNest or its software suppliers and is protected by laws. MagikNest retains full ownership rights with respect to the site and services including but not limited to design, functionality, and documentation. You may not copy, edit, or reproduce any part of the site or services.

    c) Copyright.

    The Copyright Act 1999 provides protections to MagikNest relating to material posted online at the discretion of users of our sites. If you are a copyright owner and believe that any content on our site infringes your copyrights, you may inform us by completing our Copyright Infringement Report form and mailing it to.

    d) Limitation of Liability.

    MagikNest will not be liable for direct or indirect damages of any kind, including without limitation incidental, punitive or consequential damages or loss arising out of or in connection with this ToS, the App, the Services or the content thereof. To the fullest extent permissible under applicable law MagikNest disclaims any and all such warranties including without limitation

    • that the App or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error
    • that the information, content and materials included on the site will be as represented

    e) Electronic Delivery of Notices.

    By using the MagikNest App or the services you consent to electronically receive from MagikNest any communication including notices, agreements, legally required disclosures or other information in connection with the services. MagikNest may also provide such notices by posting them on site, If you desire to withdraw your consent to receive notices electronically you must discontinue your use of site and the services.

    f) DND.

    On successful registration and approval from MagikNest you become a lifetime Member of MagikNest and you agree to be contacted through voice calls and transactional messages even if you have registered yourself with Do Not Disturb / National Customer Preference Register List.You allow MagikNest & you are solely responsible for any voice calls & transactional messages that MagikNest makes on your behalf to the invitee and/or lead added by you in MagikNest even if they have registered themselves with Do Not Disturb / National Customer Preference Register List.By accepting the Terms and Conditions you, as a Subscriber to the facilities provided by MagikNest, are also requesting MagikNest to make voice calls and transactional messages.

    g) Severability.

    In the event that any provision of this ToS is held to be invalid or unenforceable the remaining provisions of this ToS will remain in full force and effect.

    h) Relationship of Parties.

    MagikNest is not your agent, fiduciary, trustee, or representative. Nothing expressed or implied in this ToS is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this ToS. This ToS is intended for the sole and exclusive benefit of MagikNest and you.

    i) No Resale Right.

    You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purpose any portion of this App, or use of or access to this site provided through this site, beyond the limited rights granted to you in these terms.