1. ACCEPTANCE OF TERMS AND MODIFICATION THEREOF
1.1 This Agreement constitutes a binding contract between and GurgaonPropertyOnline with regard to the access and use of the Website.
1.2 Access of the Website by the User constitutes an acknowledgement and acceptance in full and without any modification and/or exception by the User of this Agreement. If the User does not agree with any part of such terms, conditions and notices as stated in this Agreement in any manner, the User must not access the Website.
1.3 GurgaonPropertyOnline reserves the right to change the terms, conditions and notices pursuant to which the Website is accessed by the User or the any services ("Services”) that are offered through the Website, without any notice or intimation of such change. The User shall be responsible for regularly reviewing the terms and conditions of this Agreement. Changes to this Agreement will be effective when posted and the User agrees to review this Agreement periodically to become aware of any changes.
1.4 The User agrees that this Agreement forms a valid contract between the User and GurgaonPropertyOnline, and that GurgaonPropertyOnline may, at its sole discretion, amend any of the Services being provided by it vide the Website and/ or this Agreement either wholly or partially, at any time and without the requirement of any prior notice or consent.
1.5 The User’s use of certain Services, features, functionality or programs (including, without limitation, contests, sweepstakes, promotions, wireless marketing opportunities, RSS feeds, etc.) offered on or through the Website may be subject to additional terms and conditions ("Rules"), and before the User uses any such Services, features, functionality or other programs he would be deemed to have accepted such additional Rules upon the use of such Services or the Website in any manner.
1.7 GurgaonPropertyOnline reserves the right, in its sole discretion, to terminate the access to the Website and/or any of the Services or any portion thereof at any time, without any prior notice.
1.8 The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement or the right to use the Website by the User as contained herein or any other section or pages of the Website in any manner whatsoever.
1.9 The User "uses" the Website anytime he accesses, views, links to or from, or otherwise interacts or communicates with or connects to, the Website (or any parts thereof) or interacts or communicates with other users through the Website (including, without limitation, on message boards, chat rooms and/or other communities established on the Website if any).
1.10 The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
2. LIMITED USER
2.1 The User agrees that given the nature of the Internet, even though the Website is targeted to Indian residents only, it may be accessed in other parts of the world. If the User is not an Indian resident and yet uses the Website, he acknowledges, understands and agrees that he is doing so on his own initiative and at his own risk and that it is his responsibility (and not GurgaonPropertyOnline’s responsibility) to make sure that his use of the Website complies with all applicable local laws. If the User is not an Indian resident, by using this Website and/or submitting his personally identifiable information or any other information on the Website, he expressly consents to the transfer of such data to India, and to the processing of such data on GurgaonPropertyOnline’S Indian servers, where his data will be governed by Indian laws that may provide a level of data protection different than his country.
2.2 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Services. For the removal of doubt, it is clarified that the Services, including the use of the Website, is not for commercial use but is specifically meant for personal use only of the User.
2.3 The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or intellectual property obtained from the Website in any manner whatsoever. Limited reproduction and copying of the content of the Website is permitted provided that the prior written consent of GurgaonPropertyOnline has been obtained. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is strictly not permitted.
3. DISCLAIMER OF WARRANTIES
3.1 GurgaonPropertyOnline has endeavored to ensure that all the information provided by it on this Website is correct, but GurgaonPropertyOnline neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information displayed on this Website. GurgaonPropertyOnline makes no warranty, express or implied, concerning the Website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of information displayed and communicated through or on the Website, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information as is displayed or communicated through or on the Website or the provision of the Services.
3.2 Although GurgaonPropertyOnline makes commercial efforts, reasonable or otherwise to ensure that the description and content of the information displayed or communicated to the User on each page of the Website is correct, it does not, however, take responsibility for changes that may have occurred due to human or data entry errors or for any loss or damages suffered by any User due to any such changed information.
3.3 Also, as GurgaonPropertyOnline is only the information provider, and it cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by third parties and shall not be liable in any manner for any content that such third party would provide. All Users are cautioned to conduct their own due diligence and seek separate and specific legal and other advise prior to make any decisions or investments based on the information provided on the Website.
3.4 GurgaonPropertyOnline does not endorse any advertiser on its Website in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
3.5 In no event shall GurgaonPropertyOnline be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of services substitute to the Services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services through the Website.
3.6 Neither shall GurgaonPropertyOnline be responsible for the delay or inability to use the Website or the Services, the provision of or failure to provide the Services, or for any information, software, products, services and related graphics obtained from GurgaonPropertyOnline through the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, GurgaonPropertyOnline shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website and/ or the Services that may occur due to technical reasons or for any other reason whatsoever. The User understands and agrees that any material and/or data downloaded or otherwise obtained from GurgaonPropertyOnline through the Website is done entirely at his discretion and risk and he will be solely responsible for any damage to his computer systems or any other loss that results from such material and/or data.
3.7 These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
4. REFUNDS AND CHARGE BACK
4.1 Subject the sub- clause below, if any amount is payable by the User to GurgaonPropertyOnline for the use of any Services at any given point in time, in the event a request made by the User is not a valid request, or if it is rejected by GurgaonPropertyOnline for any reasons whatsoever, the User agrees to pay to GurgaonPropertyOnline processing charges and GurgaonPropertyOnline shall refund to me such amounts as may be decided by GurgaonPropertyOnline in its sole discretion from time to time.
4.2 Any refund or charge back shall be made in accordance with the terms and conditions of the relevant service provider providing the payment gateway and other related services.
5. LINKS TO THIRD PARTY SITES
5.1 The Website may contain links to other websites or may contain features of any nature of other websites on the Website ("Linked Sites"). The Linked Sites are not under the control of GurgaonPropertyOnline or the Website and GurgaonPropertyOnline is not responsible for the contents of any Linked Site, including without limitation any link or advertisement contained in a Linked Site, or any changes or updates to a Linked Site. GurgaonPropertyOnline is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. GurgaonPropertyOnline is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement of any nature by GurgaonPropertyOnline or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
5.2 GurgaonPropertyOnline is not responsible for any errors, inclusions, omissions or representations on any Linked Site, or on any link contained in a Linked Site. GurgaonPropertyOnline does not endorse any advertiser on any Linked Site or on any link contained in a Linked Site, in any manner. The User is requested to verify the accuracy of all information on his own before undertaking any reliance on such information.
6. USE OF COMMUNICATION SERVICES
6.1 The Website may contain services such as email, chat, bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not:
6.1.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
6.1.2 publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
6.1.3 upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or has received all necessary consents;
6.1.4 upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
6.1.5 advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
. conduct or forward surveys, contests, pyramid schemes or chain letters;
. download any file posted by another user of a Communication Service that the User knows, or reasonably should know, cannot be legally distributed in such manner;
. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
. violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service;
. violate any applicable laws or regulations for the time being in force in or outside India; and
. violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
6.2 GurgaonPropertyOnline will review materials posted through Communication Service and shall remove any materials in its sole discretion. Homesbuy reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
6.3 GurgaonPropertyOnline reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HDFC’s sole discretion.
6.4 GurgaonPropertyOnline does not control or endorse the content, messages or information found in any Communication Service and, therefore, GurgaonPropertyOnline specifically disclaims any liability or responsibility whatsoever with regard to the Communication Services and any actions resulting from the User's participation in any Communication Service.
6.5 When you register with the Website, GurgaonPropertyOnline or any of its partners/ affiliate/ group companies may contact you from time to time to provide the offers/ information of such products/ services that they believe may benefit you.
7.2 As a condition of access and use of the Website, the User warrants that he will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for, by HDFC, through the Website.
7.3 The User and/or the advertising agency or agent of the User represents and warrants that it has the power and authority to execute, deliver and perform its obligations under this Agreement and all necessary corporate, shareholder and/or other actions have been taken by it to authorize such execution, delivery and performance, and that this Agreement constitutes its legal, valid and binding obligation, enforceable in accordance with its terms. The execution, delivery and performance of its obligations under this Agreement does not and will not contravene any laws, regulation or order of any authority or other official body or agency or any judgment or decree of any court having jurisdiction over it or conflict with or result in any breach or default under any document binding upon it.
7.4 The User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from accessing and using the Website and availing the Services under the laws of India or other applicable law.
7.5 The User acknowledges and agrees that:
8. REGISTRATION PROCESS FOR USER
8.1 Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under id and password for any purpose whatsoever without proper authorization from such party. The User is responsible for the security of his password and for all transactions undertaken using his password. The password entered by the User is transmitted in one- way encrypted form to HDFC’s database and stored as such. Thus the password will not be known even to HDFC. GurgaonPropertyOnline will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID / password / account details.
8.2 The User also agrees and undertakes to immediately notify GurgaonPropertyOnline of any unauthorized use of the User's password or user id and to ensure that the User logs off at the end of each session at the Website. GurgaonPropertyOnline shall not be responsible for any, direct or indirect, loss or damage arising out of the User's failure to comply with this requirement.
8.3 The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or GurgaonPropertyOnline has reasonable grounds to suspect that the Registration Data or any part thereof is untrue, inaccurate, not current or incomplete, GurgaonPropertyOnline has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any of the GurgaonPropertyOnline Services.
8.4 Furthermore, the User grants GurgaonPropertyOnline the right to disclose to third parties the Registration Data to the extent necessary for the purpose of providing the GurgaonPropertyOnline Services.
9. CONFIDENTIALITY CLAUSE
9.1 The Parties hereby agree to keep the data information and terms of the contract ("Confidential Information”) confidential and shall not disclose the same without the consent of the other Party.
9.2 The Parties shall not be liable for breach of the above clause when the Confidential Information is disclosed in pursuant to an order of any court or government authority and/or, in performance of this contract by GurgaonPropertyOnline and/or when the parties independently obtain from third party.
Without prejudice to the other remedies available to GurgaonPropertyOnline under this Agreement or under applicable law, GurgaonPropertyOnline may limit the User's activity, warn other Users of the User's actions, immediately temporarily / indefinitely suspend or terminate the User's registration, and/or refuse to provide the User with access to the website if:
10.1 the User is in breach of this Agreement and/or the documents it incorporates by reference;
10.2 GurgaonPropertyOnline is unable to verify or authenticate any information provided by the User; or
10.3 GurgaonPropertyOnline believes that the User's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the User, other Users of the Website and/or HDFC.