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| Terms and Conditions |
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propirika 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 "propirika", YOU FULLY 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 "propirika". IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (info@propirika.com).
Infiniera inc may amend/modify these Terms and Conditions at any time or from time to time and such modifications shall be effective immediately upon the posting of the modified Terms and Conditions on propirika. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of propirika, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. Infiniera inc may also suspend the operation of propirika for support or technical up gradation, maintenance work, in order to update the content or for any other reason.
If you utilize propirika in a manner inconsistent with these Terms and Conditions, Infiniera inc 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.
SUBMISSION AND ADMINISTRATIONS FOR LISTINGS:
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to propirika 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 propirika. 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, Infiniera inc 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 swearing an affidavit stating the authenticity of the information/data so provided/displayed. Infiniera inc may, at his 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, Infiniera inc 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. Infiniera inc will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or propirika the website. Infiniera inc shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on propirika and Infiniera inc shall have the right to modify the property listing in the exercise of its rights under this Agreement.
In addition to the terms aforementioned the customer agrees
- (a) to represent and warrant that all Properties and associated information provided by the Customer will be accurate;
- (b) that the Customer will not permit the posting of a property on propirika under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
Infiniera inc 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 propirika without notice. Infiniera inc accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While, Infiniera inc 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 propirika.
Customers, who are buying/renting property/properties through propirika, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
PAYMENT TERMS:
Infiniera inc 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. Infiniera inc 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.
Infiniera inc 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.
REFUND IN TRANSACTIONS WHICH FAIL:
Though, Infiniera inc payment reconciliation team works on a 24 x 7 basis, Infiniera inc 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 propirika.
TERMS FOR TRANSACTIONS FAILING DEALT BY "PROPIRIKA"
Further for the transaction and dealings of what so ever nature and in what so ever manner concerned which would be sourly dealt as advertised and highlighted by "Propirika" as listed separately through its host infiniera inc, "Propirika" clarifies, here with ratifies and in demnifies and that it shall not be liable for any or any one of the so fransactions or dealing which fail for any ruasol or ruasols, in any manner or what so ever manner concerned further for such transactins, which fail so "Propirika" here with fully reserles its rights and interests and 'users'/ Customers/parties who are part of such failing deals shall be solely liable and responsible in all the events.
USE OF THE 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 propirika. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of propirika. propirika 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.
THE INTELLECTUAL PROPERTY RIGHTS:
All logos, brands, trade marks and service marks ("Marks") appearing in propirika are the properties either owned or used under license by Infiniera inc and / or its associates. All rights accruing from the same, statutory or otherwise wholly vest with Infiniera inc / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
Infiniera inc respects the Intellectual Property Rights of all; it has and will continue to adhere to all the laws applicable in India in this respect. Infiniera inc shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where user/users are found to be using propirika as a platform to infringe the Intellectual Property Rights of others, Infiniera inc will be free to terminate this agreement forthwith without any notice to the user.
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 propirika, 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 propirika 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 propirika or link to propirika, without our express written consent.
- (h) The user shall not utilize the services offered by propirika in any manner so as to impair the interests and functioning of Infiniera inc /propirika. The user undertakes not to duplicate, download publish, modify and distribute material on propirika.com unless specifically authorized by Infiniera inc in this regard. The user undertakes not to establish any deep link or other connection to any specific page of propirika other than the Home Page without obtaining prior consent of Infiniera inc.
Infiniera inc 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 propirika 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. Infiniera inc reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintain by Infiniera inc to relay emails. All attempts shall be made by Infiniera inc and the user to abide by International Best Practices in containing and eliminating Spam.
Violations of system or network security may result in civil or criminal liability.
THIRD PARTY WEB SITES - LINKING:
propirika may provide links to other third-party World Wide Web sites or resources. Infiniera inc makes no representations whatsoever about any other Web site you may access through this Website (propirika).
DISCLAIMERS AND WARRANTIES
THE CONTENT OF propirika IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
INFINIERA INC 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 propirika.
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. Infiniera inc does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Infiniera inc 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 Infiniera inc 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 Infiniera inc 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 Infiniera inc 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.
Infiniera inc 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. Infiniera inc 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 Infiniera inc intends to announce, launch or provide such products, programs or services in your country.
LIMITATIONS TO LIABILITY:
Infiniera inc 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.
Infiniera inc 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. Infiniera inc 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.
TERMINATIONS:
Infiniera inc may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to propirika (or any part thereof) for any reason, including, without limitation, that Infiniera inc based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
INDEMNIFICATIONS:
Submissions and unauthorized use of any information(s)/materials contained on propirika 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, Infiniera inc 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 propirika material or your breach of these Terms and Conditions.
PRIVACY POLICY:
The user of propirika is subject to Privacy Policy available through this link.
ARBITRATION:
If any dispute arises between a user/users and Infiniera inc 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 Infiniera inc. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be BANGALORE. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
PROVISIONS (SEVERABLE)
THIS AGREEMENT between you and Infiniera inc governs your use of propirika. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
WAIVER:
The failure of Infiniera inc 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.
GOVERNING LAWS:
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to propirika as well as these Terms and Conditions.
JURISDICTION FOR DISPUTES/SETTLEMENTS:
Courts at Bangalore, India alone shall have the exclusive jurisdiction in all matters relating to propirika and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to propirika.
Infiniera inc does not routinely monitor your postings to the web site but reserves the right to do so. However, if Infiniera inc becomes aware of an inappropriate use of propirika or any of its Services, Infiniera inc will respond in any way that, in its sole discretion, Infiniera inc deems appropriate. You acknowledge that Infiniera inc 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, Infiniera inc will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Infiniera inc reserves all other rights.
VIOLATIONS/MISUSE:
Please report any violations of these Terms and Conditions to Infiniera inc at info@propirika.com
PRIVACY POLICY:
This Privacy policy is subject to the terms of the Site Policy (User agreement) of 'propirika'. This policy is effective from the date and time a user registers with 'propirika' by filling up the Registration form and accepting the terms and conditions laid out in the Site Policy.
In order to provide a personalized browsing experience, propirika may collect personal information from you (shall mean to include herein after and above, a user who may be registered or a user who is yet to be registered). Additionally, our websites may require you to complete a registration form or seek some information from you. When you, let us have your preferences, we will be able to deliver or allow you to access the most relevant information that meets your end.
To extend this personalized experience 'propirika' may track the IP address of a user's computer and save certain information on your system in the form of cookies. A user has the option of accepting or declining the cookies of this website by changing the settings of your browser.
The personal information provided by the users to 'propirika' will not be provided to third parties without previous consent of the user concerned. Information of a general nature may however be revealed to external parties.
Every effort will be made to keep the information provided by users in a safe manner, the information will be displayed on the website will be done so only after obtaining consent from the users. Any user browsing the site generally is not required to disclose his identity or provide any information about him/her; it is only at the time of registration, you will be required to furnish the details in the registration form.
A full user always has the option of not providing the information which is not mandatory. You are and shall solely be responsible for maintaining confidentiality of the User password and user identification and all activities and transmission performed by the User through his user identification and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or documents for making such transactions and 'propirika' by its host Infiniera inc, assumes no responsibility or liability for their improper use of information relating to such usage of credit cards / debit cards used by the subscriber online off-line.
You agree that 'propirika' may use personal information about you to improve its marketing and promotional efforts, to analyze site usages, improve the Site's content and product offerings, and customize the Site's content, layout, and services. These uses improve the Site and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Site.
You agree that 'propirika' may use your personal information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications in your profile. You may make changes to your profile at any time. It is the belief of 'propirika' that privacy of a person can be best guaranteed by working in conjunction with the Law enforcement authorities.
All our websites including 'propirika' fully comply with all Indian Laws applicable. Infiniera inc has always cooperated with all law enforcement inquires. Infiniera inc may disclose all or part of your personal details in response to a request from the law enforcement authorities or in a case of bonafide requirement to prevent an imminent breach of the law.
Infiniera inc has taken all reasonable steps to ensure that information on this site is authentic. Users are advised to research bonafides of advertisers independently. 'Propirika' by its host Infiniera inc shall not have any responsibility in this regard. We also recommend that you visit info@propirika.com for more comprehensive information on this aspect
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