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DISCLAIMER
1. ACCEPTANCE OF TERMS
Welcome
to Propertywisdom. Propertywisdom provides its service to you, subject to the
following Terms and Conditions ("TnC"), which may be updated by us from time to
time without notice to you. In addition, when using Propertywisdom services, you
and Propertywisdom shall be subject to any posted guidelines or rules applicable
to such services, which may be posted from time to time. All such guidelines or
rules are hereby incorporated by reference into the TnC. Propertywisdom may also
offer other services that are governed by different Terms and Conditions.
2.
DESCRIPTION OF SERVICE
Propertywisdom
currently provides users with access to a rich collection of property and an exclusive
service for listing your own property for Sale or Purchase. You also understand
and agree that the Service may include advertisements and that these advertisements
are necessary for Propertywisdom to provide the Service. You also understand and
agree that the service may include certain communications from Propertywisdom,
such as service announcements, administrative messages and the Propertywisdom
Newsletter, and that these communications are considered part of Propertywisdom
membership and you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that supplement or improve the current Service,
including the release of new Propertywisdom properties, shall be subject to the
TnC. You understand and agree that the Service is provided "AS-IS" and that Propertywisdom
assumes no responsibility for the timeliness, deletion, mis-delivery or failure
to store any user communications or personalization settings. You are responsible
for obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for
those fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary
to access the Service.
3.
YOUR REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the India or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Propertywisdom has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or incomplete,
Propertywisdom has the right to suspend or terminate your account and refuse any
and all current or future use of the Service (or any portion thereof). Propertywisdom
is concerned about the safety and privacy of all its users. Please remember that
the Service is designed to appeal to a broad viewers.
4.
Propertywisdom PRIVACY POLICY
Registration
Data and certain other information about you is subject to our Privacy Policy.
For more information, see our full privacy policy at http://www.propertywisdom.com/privacy
5.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities that
occur under your password or account. You agree to (a) immediately notify Propertywisdom
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you logout from your account at the end of each session. Propertywisdom
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6.
MEMBER CONDUCT
You
understand that all information, data, text, photographs, graphics, messages or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such Content originated.
This means that you, and not Propertywisdom, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available via
the Service. Propertywisdom does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Propertywisdom
be liable in any way for any Content, including, but not limited to, for any errors
or omissions in any Content, or for any loss or damage of any kind incurred as
a result of the use of any Content posted, emailed, transmitted or otherwise made
available via the Service.
You
agree to not use the Service to :
-
Upload,
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm
minors in any way;
- Impersonate
any person or entity, including, but not limited to, a Propertywisdom official,
guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
- Upload,
post, email, transmit or otherwise make available any Content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- Upload,
post, email, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
- Upload,
post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid
schemes," or any other form of solicitation.
- Upload,
post, email, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- Disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
- Interfere
with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected
to the Service;
- Intentionally
or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the Indian. Securities
and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the BSE, DSE, NSE etc and any regulations having
the force of law;
- "Stalk"
or otherwise harass another; or
- Collect
or store personal data about other users.
You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any dependence on
the accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Propertywisdom or
submitted to Propertywisdom, including without limitation information in Propertywisdom
Message Boards, and in all other parts of the Service.
You
acknowledge, consent and agree that Propertywisdom 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
to: (a) comply with legal process; (b) enforce the TnC; (c) respond to claims
that any Content violates the rights of third-parties; (d) respond to your requests
for customer service; or (e) protect the rights, property, or personal safety
of Propertywisdom, its users and the public.
You
understand that the technical processing and transmission of the Service, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You
understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and use of
these materials is subject to usage rules set by Propertywisdom and/or content
providers who provide content to the Service. You may not attempt to override
or avoid any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
7.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Propertywisdom
does not claim ownership of Content you submit or make available for inclusion
on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant Propertywisdom
the following worldwide, royalty free and non-exclusive license(s), as applicable:
- With
respect to Content you submit or make available for inclusion on publicly accessible
areas of Propertywisdom, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific section to which such Content
was submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or Propertywisdom removes such Content from the Service.
- With
respect to photos or graphics you submit or make available for inclusion on publicly
accessible area of the Service other than Propertywisdom sections, the license
to use, distribute, reproduce, modify, adapt, publicly perform and publicly display
such Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or Propertywisdom removes such Content from the Service.
- With
respect to Content other than photos or graphics you submit or make available
for inclusion on publicly accessible areas of the Service other than Propertywisdom
Sections, the perpetual, irrevocable and fully sub licensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and
publicly display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
"Publicly
accessible" areas of the Service are those areas of the Propertywisdom network
of properties that are intended by Propertywisdom to be available to the general
public. By way of example, publicly accessible areas of the Service would include
Propertywisdom Search and Search Results, details of property with photos and
the details of the contact person that are open to both members and visitors.
However, publicly accessible areas of the Service would not include portions of
Propertywisdom Groups that are limited to members, Propertywisdom services intended
for private communication such as Propertywisdom Mail or areas off of the Propertywisdom
network of properties such as portions of World Wide Web sites that are accessible
through via hypertext or other links but are not hosted or served by Propertywisdom.
8.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Propertywisdom may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
your listings or other uploaded Content will be retained by the Service, the maximum
number of property that may be made available on the Service, the maximum disk
space that will be allotted on Property wisdom’s servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the
Service in a given period of time. You agree that Propertywisdom has no responsibility
or liability for the deletion or failure to store any detail and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
Propertywisdom reserves the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that Propertywisdom reserves
the right to modify these general practices and limits from time to time.
9.
MODIFICATIONS TO SERVICE
Propertywisdom
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Propertywisdom shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
10.
TERMINATION
You
agree that Propertywisdom may, under certain circumstances and without prior
notice, immediately terminate your Propertywisdom account, any associated
email address, and access to the Service. Cause for such termination shall include,
but not be limited to, (a) breaches or violations of the TnC or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any part thereof), (e) unexpected
technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your Propertywisdom account includes (a) removal of access to all
offerings within the Service. (b) Deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further, you agree that all terminations
for cause shall be made in Propertywisdom's sole discretion and that Propertywisdom
shall not be liable to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
11.
DEALINGS WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You agree that
Propertywisdom shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
12.
LINKS
The
Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because Propertywisdom has no control over such sites and
resources, you acknowledge and agree that Propertywisdom is not responsible for
the availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or other
materials on or available from such sites or resources. You further acknowledge
and agree that Propertywisdom shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available on or
through any such site or resource.
13.
Propertywisdom'S PROPRIETARY RIGHTS
You
acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by Propertywisdom or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
14.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT:
- Your use of the service is at your sole risk. The service is provided on an "AS IS"
and "AS AVAILABLE" basis. Propertywisdom Expressly Disclaims All Warranties of any kind, whether Express or Implied, including, but not limited to the implied
warranties of merchantability, fitness for a particular purpose and non-infringement.
- Propertywisdom
makes no warranty that (i) the service will meet your requirements, (ii) the service
will be uninterrupted, timely, secure, or error-free, (iii) the results that may
be obtained from the use of the service will be accurate or reliable, (iv) the
quality of any products, services, information, or other material purchased or
obtained by you through the service will meet your expectations, and (v) any errors
in the software will be corrected.
- Any material
downloaded or otherwise obtained through the use of the service is done at your
own discretion and risk and that you will be solely responsible for any damage
to your computer system or loss of data that results from the download of any
such material.
- no advice
or information, whether oral or written, obtained by you from propertywisdom or
through or from the service shall create any warranty not expressly stated in
the tnc.
- Propertywisdom
makes no gurantee to the services provided and will not be held responsible for
any business or personal loss occuring due to use of the service
15.
LIMITATION OF LIABILITY
You
expressly understand and agree that propertywisdom shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of profits, goodwill, use, data
or other intangible losses (even if propertywisdom has been advised of the possibility
of such damages), resulting from: (i) the use or the inability to use the service;
(ii) the cost of procurement of substitute goods and services resulting from any
goods, data, information or services purchased or obtained or messages received
or transactions entered into through or from the service; (iii) unauthorized access
to or alteration of your transmissions or data; (iv) statements or conduct of
any third party on the service; or (v) any other matter relating to the service.
16.
NOTICE
Propertywisdom
may provide you with notices, including those regarding changes to the TnC, by
either email, regular mail, or postings on the Service.
17.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
Propertywisdom
respects the intellectual property of others, and we ask our users to do the same.
Propertywisdom may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may be repeat infringes. If you believe
that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
Propertywisdom's Copyright Agent the following information:
- an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
- a description
of the copyrighted work or other intellectual property that you claim has been
infringed;
- a description
of where the material that you claim is infringing is located on the site;
- your
address, telephone number, and email address;
- a statement
by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law;
- a statement
by you, made under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
Propertywisdom's
Agent for Notice of claims of copyright or other intellectual property infringement
can be reached as follows: By
mail: Abhinav Arora C/o Arora
Associates SCO 86, FF Swastik Vihar MDC Panchkula, Haryana - 134109 By
phone: (91) 172-2555633 By email: support@propertywisdom.com
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