Nmagik Pvt. Ltd., is making its Nmagik Mobile App available to you subject to these evolving Terms Of Service. The ToS govern your access to and use of Nmagik’s services available via our Nmagik Mobile App. The Nmagik App includes Nmagik’s related Websites, SMS, APIs, email notifications, Applications, buttons, widgets, ads, commerce services, and any other related services that can be accessed via our Nmagik 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 Nmagik 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.

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 Nmagik in good standing, then you can use the Nmagik 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 Nmagik, then you are not allowed to use the Nmagik 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 Nmagik 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 Nmagik App and Services and for any content you provide, including compliance with applicable laws, rules and regulations. Don’t post videos & images, unless you are prepared to be held accountable for your content. Users of the Services will operate in a lawful, ethical and professional manner. Users shall conduct themselves in a fair, responsible and businesslike manner at all times and will avoid any discourteous, deceptive, misleading or unethical practices. You are solely responsible for any comments or posts you leave on our sites, Blogs or the Nmagik App.

Examples of unethical or unlawful activities include, but are not limited to the following:

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

Your use of software made available by the Nmagik 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 Nmagik 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.

Nmagik has the right (but not the obligation) in its sole discretion to screen, refuse, move or remove any content that violates the ToS or is otherwise objectionable.

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

You acknowledge that Nmagik 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 Nmagik and/or its technology providers. You may not attempt to override or circumvent any of the usage rules embedded in the Services.

Nmagik is an intellectual property owned and understands the costs and expenses in developing and maintaining intellectual property. Nmagik also respects the intellectual property rights of others and expects its users of the Nmagik app and services to so 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, as summarized for you in our digital Millennium Copyright Act.

1. Rights:

You are to be responsible for what you submit or post via the Nmagik App and Services. These may be your opinions, photos, videos, logos and any other thing that you can submit or post via the Nmagik App and Services.

Please note that when you submit or post content via the Nmagik App and Services, you acknowledge that any of this submitted content, as well as any other existing content, can be used to create relationship/networking information related to Nmagik Members.

1. Using The Services:

Nmagik’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. Nmagik has the right and may stop (permanently or temporarily) providing services or any features within the Services to you or to any user. Nmagik may also remove or refuse to distribute any content via the Nmagik App and services, suspend or terminate users. You acknowledge and agree that in consideration for Nmagik granting you access to and use of the Nmagik 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.

Nmagik also reserve 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.

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

1. Your Account:

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

• Invitee:After sending the invitation to add new members your invitation will be valid for seven days from the date of invitation sent. After seven days your invitation will expire. If your invitee registers themselves with another number, then he/she will not come under your network and you will not benefit from their network and leads. After seven days you can resend the invite to join your network.
• Network:You, your members invited and added by you (level 1 members) and in turn these members’ invitees added to the network (level 2 members) constitute your network. You will get benefit only from purchases (using MagikNest Mobile App) by leads added by you, your level 1 and Level 2 network members.
• Lead:Lead is a Prospective / Potential customer of Real estate or any other Industry, which is referred by existing members of Nmagik or who are 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. If your lead disowns your connection with them, then you will not get benefited from this lead. If your lead does not purchase through “MagikNest” then you will not get benefited.
• Lead Life Cycle:You can avail the benefits from a lead’s purchase only when the lead acknowledges your reference and remains an active lead for a period of six months from the date lead was added by you in Nmagik App and the lead has not been declared as lost in between the process. Once a lead is declared as lost, any other member can add the same lead and you shall not be benefited through any purchase made by that lead.
• Membership Status:Your membership status will change in every 60 days. You have to fulfill the condition to maintain your membership status or to change your membership status. Your rewards will also depend on your badge. Criteria for membership status may change from time to time. The existing members in the network shall be notified in advance with regard to changes.
• Reward Points:Your reward points get displayed in “My Kitty” section. You have to accept your reward points within 60 days from the date you have earned points. You will be notified through notifications of Nmagik app. If you do not accept your reward points within 60 days then you will not be eligible for your reward points and your reward points will get expired. Once reward points get expired then your points won’t return to your kitty under any condition.
• Redemption & Currency:You can Redeem your points once only in every 60 days. Points can only be redeemed after adding bank and PAN details. Between two consecutive redemptions there has to be a minimum gap of 60 days. The conversion factor from reward points to redeemed amount in INR (₹) is called currency. For e.g. in the month of Jan 2020 the currency was 5, i.e. for every five points you get ₹ 1. The currency assigned for reward points can be changed according to company policies. However, for bringing in such changes in the currency, the existing member in the network shall be notified at least 60 days in advance about the changes in order to facilitate redemption to all the members at the previous currency. The members redeeming reward points must ensure correct bank account and PAN details. Nmagik Pvt. Ltd. will not be responsible to repay in case of any loss occurring due bank account and PAN details being entered by you (the member) is / are wrong. You cannot share/transfer your reward points to any other member / lead. You cannot prevent/block reward points offered to any other member/lead.
• Incentives:The incentives structure can change from time to time. The existing member in the network shall be notified in advance with regard to changes.

1. Ending These Terms of Service.

You may end your membership with Nmagik at any time by deactivating your accounts and discounting your use of the services. Nmagik 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 Nmagik membership expires or is otherwise not renewed or terminated.

1. Third Party Beneficiary.

You agree that these ToS is not an agreement between you and Apple, Google or any other third party. Nmagik grants you the right to use the Nmagik 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.

1. All Other Terms.

The following additional terms also apply to your use of the Nmagik 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 Nmagik.

(ii) Nmagik 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 Nmagik 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 Nmagik or its content suppliers and is protected by copyright laws. All software used on the site is the property of Nmagik or its software suppliers and is protected by laws. Nmagik 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 Nmagik 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.

Nmagik 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 Nmagik 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 Nmagik App or the services you consent to electronically receive from Nmagik any communication including notices, agreements, legally required disclosures or other information in connection with the services. Nmagik 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 Nmagik you become a lifetime Member of Nmagik 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 Nmagik & you are solely responsible for any voice calls & transactional messages that Nmagik makes on your behalf to the invitee and/or lead added by you in Nmagik 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 Nmagik, are also requesting Nmagik 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.

Nmagik 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 Nmagik 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.