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TERMS AND CONDITIONS:
This website, [propertyhaat.in], (hereinafter referred to as "the Website") is owned, hosted and operated by [my dreams consultant] (hereinafter referred to as “the Company”), a company duly registered in India office at Mathura Road Faridabad.
1. The term 'authorized user' would include any person, whether an individual or a legal entity who has subscribed to the services of the Website, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by the Website or chosen by the user or agreed upon by the Website. It is made abundantly clear that only the authorized user has the right to access the services so offered by the Website. For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an 'unauthorized user' and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions.
2. The terms 'User' and 'customer' would include both the authorized and unauthorized user(s) (all references to “you”/”your”/”yours” shall mean a reference to the user/customer who agrees to these Terms and Conditions and is presumed to have read and understood the terms contained therein)
3. Any reference to “we”/”our”/”us” shall mean a reference to the Company.
4. The terms 'service' or ‘services’ would mean to include the interactive online information service offered by the Website on the internet through which the user may access information carried by the Website in the database maintained by it and shall include the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria.
I. TERMS AND CONDITIONS
The Website and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (firstname.lastname@example.org)
The Company may amend/modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on the Website. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of the Website, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. The Company may also suspend the operation of the Website for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize the Website in a manner inconsistent with these Terms and Conditions, the Company may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
All data and information provided on this site is for informational purposes only. The Company makes no representations nor any endorsements as to accuracy, correctness, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. All users are strongly encouraged to seek professional advice before relying on any data and/or information provided on this site. Information on this Website should not be regarded as a substitute for professional legal, financial or real estate advice.
II. PROPERTY LISTINGS
As regards information provided by us relating to properties, valuations, reports etc., you must satisfy yourself as to the accuracy of such information as, not having inspected the property, this is provided in good faith and is solely for guidance purposes and as such does not form any part of any contract relating to the purchase of any Property.
No officer, employee or agent of ours has any authority to make any representations or statements in relation to any Property and/or the service provided by us.
We have not inspected the Property, and we cannot offer any legal, financial, or other specialist advice.
Details of Properties, valuations, reports and other information provided by us are prepared in good faith and are solely for guidance purposes. They do not form any part of any contract relating to the purchase of any Property.
We accept no liability for the views of, or contents of any report prepared by, any third party in relation to any property.
We recommend that you take appropriate legal and other advice and to use the services of solicitors, surveyors, values and other specialists as the service provided by us is not intended as a substitute to obtaining such advice.
We accept no liability for any defects in legal title or in the fabric or structure of any Property.
Customer(s) agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to the Website unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on the Website. The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, the Company may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by way of an affidavit stating the authenticity of the information/data so provided/displayed. The Company may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement.
The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the Website without notice. The Company accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to the Website.
Customers, who are buying/renting property/properties through the Website, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
III. PAYMENT TERMS
The Company does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. The Company uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
The Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
IV. REFUND IN FAILED TRANSACTIONS
Though the Company payment reconciliation team works on a 24 x 7 basis, the Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of the Website.
V. USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to the Website. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of the Website. The Website does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the Company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
VI. INTELLECTUAL PROPERTY RIGHTS
All content on this Website, including, but not limited to texts, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Indian and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by the Company or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively "Providers") that have licensed their content or the right to market their products and/or services to the Company. Content on this Website or any web site owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only, but you may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of the Company or the Providers.
You explicitly agree not to modify the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violate the rights of the owners of the Company and/or the Provider copyrights, trademarks or service marks and other proprietary rights. As a condition to your use of this Website, you warrant to the Company that you will not use our Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libellous, defamatory, obscene, scandalous, inflammatory, or profane material. If you violate any of these Terms, your permission to use our Website terminates forthwith without the necessity of any notice. The Company retains the right to deny access to anyone at its discretion for any reason, including for violation of these Terms. You may not use any trademarks, service marks or copyrighted materials appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another web site any of the content or other materials on this Website without prior written consent of the Company.
VII. RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to:
(a) Access data not intended for you or log into server or account that you are not authorized to access;
(b) Attempt to probe, scan or test the vulnerability of a system or network;
(c) Attempt or breach security or authentication measures without proper authorization;
(d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to the Website, overloading, Flooding, mail bombing or crashing;
(e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in the Website except as permitted;
(f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
(g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Website or link to the Website, without our express written consent.
(h) The user shall not utilize the services offered by the Website in any manner so as to impair the interests and functioning of the Company/the Website. The user undertakes not to duplicate, download publish, modify and distribute material on the Website.com unless specifically authorized by the Company in this regard. The user undertakes not to establish any deep link or other connection to any specific page of the Website other than the Home Page without obtaining prior consent of the Company. The Company strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
(i) users undertake that the services offered by the Website shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. The Company reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by the Company to relay emails. All attempts shall be made by the Company and the user to abide by International Best Practices in containing and eliminating Spam.
(j) Violations of system or network security may result in civil or criminal liability.
(h) Use of the Website to send, use or re-use any material that is illegal, offensive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any spam. Any such material may be removed without prior notice at the discretion of the Company.
VIII. HYPERLINKS FROM THIS SITE
Where this site contains hyperlinks to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them except as may be required by law.
IX. RIGHT OF REFUSAL OR WITHDRAWAL OF ADVERTISING
The Company reserves the right to decline or to withdraw, without having to specify any reason, any message, advertisement or part thereof having in its text or presentation anything that the Company considers to be contrary to the Company’s legal or commercial interests without any obligation to the advertiser/client.
X. DISCLAIMER AND WARRANTIES
THE CONTENT OF THE WEBSITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE COMPANY AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS 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, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF THE WEBSITE.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE. THE COMPANY DOES NOT WARRANT THAT THE ACCESS TO WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN WEBSITE WILL BE CORRECTED.
THE COMPANY IS NOT LIABLE FOR ANY INFORMATION POSTED BY AGENTS OR PROPERTY OWNERS OR ANY THIRD PARTIES IN THE WEBSITE. THEREFORE, YOU ARE STRONGLY RECOMMENDED TO INDEPENDENTLY VERIFY ANY AND ALL INFORMATION CONTAINED THEREIN.
USERS ARE STRONGLY ADVISED TO INDEPENDENTLY VERIFY THE AUTHENTICITY OF ANY PRE-LAUNCH OFFERS RECEIVED BY THEM. THE COMPANY DOES NOT ENDORSE INVESTMENT IN ANY PROJECTS WHICH HAVE NOT RECEIVED OFFICIAL SANCTION AND HAVE NOT BEEN LAUNCHED BY THE BUILDER/PROMOTER; USERS DEALING IN SUCH PROJECTS SHALL BE DOING SO ENTIRELY AT THEIR RISK AND RESPONSIBILITY.
NO INFORMATION CONTAINED HEREIN SHALL CONSTITUTE AN INVITATION OR AN OFFER TO INVEST IN THE COMPANY OR ANY OF ITS AFFILIATES. FURTHER, NOTHING CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS A RECOMMENDATION TO USE ANY PRODUCT, PROCESS, EQUIPMENT OR FORMULATION, IN CONFLICT WITH ANY PATENT, OR OTHERWISE AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED THAT, THE USE THEREOF WILL NOT INFRINGE ANY PATENT, OR OTHERWISE.
THIS WEBSITE IS CONTROLLED AND OPERATED FROM INDIA AND THE COMPANY MAKES NO REPRESENTATION THAT THE MATERIALS ARE APPROPRIATE OR WILL BE AVAILABLE FOR USE IN OTHER PARTS OF THE WORLD. IF YOU USE THIS WEBSITE FROM OUTSIDE INDIA, YOU ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LOCAL LAWS AS WELL AS INTERNATIONAL CONVENTIONS AND TREATIES.
THE COMPANY OFFERS PRODUCTS, SERVICES, CONTENT AND VARIOUS OTHER FUNCTIONALITIES (COLLECTIVELY THE "SERVICES") 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. THE COMPANY 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 THIS WEBSITE MAY CONTAIN REFERENCES TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IN ANY MANNER IMPLY THAT THE COMPANY INTENDS TO ANNOUNCE, LAUNCH OR PROVIDE SUCH PRODUCTS, PROGRAMS OR SERVICES IN YOUR COUNTRY.
XI. FORCE MAJEURE
We shall not be liable to you for any delay or non-performance of our obligations under this agreement due in whole or in part to causes such as: act of God, governmental act, war, fire, flood, earthquake, explosion, civil commotion, industrial dispute, armed hostilities, act of terrorism, revolution, blockade, embargo, industrial or trade dispute, disease, accident to (or breakdown of) plant or machinery, unforeseen shortages or unavailability of any raw materials, transport, electricity or other supplies, regulatory intervention or any other causes which are not within our reasonable control.
Subject to our delay, we will promptly notify you in writing of the cause and the likely duration of the delay and provided that we shall use reasonable endeavors to limit the effect of such event on you, the performance of our obligations, to the extent affected by the delay, shall be suspended during the period that the cause persists provided that if performance is not resumed within 60 days after that notice you may by written notice terminate this agreement.
XII. LIMITATION OF LIABILITY
The Company will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this Website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure 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 intimated or advised of the possibility of such damages.
The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer's data/information. the Company shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any customer and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
The Company may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to the Website (or any part thereof) for any reason, including, without limitation, that the Company based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Submissions and unauthorized use of any information(s)/materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, the Company and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website material or your breach of these Terms and Conditions.
The user of the Website is subject to “Privacy” available through this link.
If any dispute arises between a user/users and the Company arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the Company. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. Each party shall bear its own cost of arbitration and the Language of the proceedings shall be English.
The failure of the Company to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
XVIII. GOVERNING LAW
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to the Website as well as these Terms and Conditions.
Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to the Website and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to the Website.
The Company does not routinely monitor your postings to the web site but reserves the right to do so. However, if the Company becomes aware of an inappropriate use of the Website or any of its Services, the Company will respond in any way that, in its sole discretion, the Company deems appropriate. You acknowledge that the Company will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, the Company will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
The Company reserves all other rights.
Kindly report any and all violations of these Terms and Conditions to [●] at [email@example.com]