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Terms Of Services

 
I. Defined Terms:
  • Agreement” Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall deemed to have been executed at New Delhi.
  • “Company”: Is defined as Farmsandvillas.com an existing Company under the Companies Act, 1956 and having its registered office at New Delhi along with its unit for the Company’s website farmsandvillas.com
  • “Date of Commencement: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in it s notice to the user either through e-mail or conventional mail.
  • “Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
  • “My Subscriptions”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website farmsandvillas.com
  • “Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User' s name, telephone number, mailing address, account and email address.
  • Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
  • “Services”: Means the Services to be provided by the Company to the User of farmsandvillas.com and shall include the provision of following facilities:
  1. Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
  2. Service to the Users who wishes to secure a property through farmsandvillas.com and its Internet links.
  3. Service to the users who wishes to place a print advertisement in any of the group publications through the www.farmsandvillas.com site.
  4. Service to the Users who wishes to insert advertisements at farmsandvillas.com.
  5. Service to the Users who wishes to receive advertisements and promotional messages on wwwfarmsandvillas.com and through emails.
II. Commencement of Service
III. Subscription Fees
IV. Payment
V. Cancellation
VI. Obligations of User/Subscriber
VII. Prohibited Actions
VIII. Confidentiality & Security
IX. Maintenance
X. Termination
  • Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
  • It shall be on the discretion of the Company that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the User.
  • However, the Company irrespective of clause 1 and 2 above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever

(a) if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
(b) if, in the opinion of the Company or/and any regulatory authority, it i s not in the public interest to continue providing the Service to the User for any reason or/and,
(c) if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights:

XI. Liabilities upon Termination
XII. Suspension of Service
XIII. Violation of Terms & Conditions
XIV. Disclaimer
Disclaimer of Warranties: The User shall agree that use of the service e is at the user's sole risk. The service is provided on an "as is" or/and on an "as available" basis. farmsandvillas.com 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.
XV. Limitation of Liability
XVI. Use of Information/Data Supplied
XVII. Indemnity
User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the User Content, Site and/or User features infringe any copyright, trade secret or trademark of such third party and second, the Company’s use of any User Content, provided that such use complies with the requirements of the Agreement and third, the User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of User’s representations and warranties mad e in this Agreement. Any such claim/proceeding if made directly on the User shall promptly be communicated to the Company by the User with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The User shall give the Company full control and sole authority over the defense and settlement of such claim. The User may join in defense with counsel of its choice at its own expense subject to the approval of the company. The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of farmsandvillas.com or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party (“User”) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Indemnitor (Company).
XVIII. Confidentiality
  • For the purpose of this Agreement and attachments thereto and all renewals, “ Confidential Information ” means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the “ Disclosing Party ” herein the Company ) or any other members of the Disclosing Party’s group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise com e into the possession of the other (the “ Receiving Party ”, herein the User ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public.
  • The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party’s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
  • Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
  • On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.
  • All information and data submitted by the User shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to “Violation of Terms & Conditions” clause, release any such data and information to any third party without the prior consent of the User.
  • The User has access to only his own data and information stored in the database at farmsandvillas.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
  • All confidential information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of farmsandvillas.com and the company accepts no responsibility or liability whatsoever for such actions.
  • All copyright and/or know-how and/or any other related intellectual property rights to the Service or farmsandvillas.com shall become and remain the sole and exclusive property of the Company and the User shall have no claims to the same. In the event the User has contributed any content to farmsandvillas.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the User shall have no right or claim over the same, in any manner whatsoever. In the event that the User during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the User.
XIX. Variation
XX. Discontinuation or Modification to Services
XXI. Notices
XXII. Non-exclusive Remedy
XXIII. Waiver
XXIV. Entire Agreement
XXV. Governing Law and Jurisdiction
XXVI . Acknowledgment and Acceptance of Terms and Conditions
It is our constant endeavour to make Farmsandvillas.com an enjoyable and effective experience for all our users. If you observe material or behaviour that may violate one of the Farmsandvillas Terms & Conditions, please write to us. This will go a long way in enhancing our service!
XXVII . Privacy Policy
Farmsandvillas.Com through its various advertising campaigns collects information about the users. This information is voluntarily provided by the user and is collected in the database of Farmsandvillas.Com. The information so collected in the database through these campaigns refers to the property details, email address and names of the user. Farmsandvillas.Com uses third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective users/buyers/sellers. The data collected is for the exclusive use of Farmsandvillas.Com and Farmsandvillas.Com reserves its right to allow access to its clients for the purposes of purchase and disposing of properties only, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by Farmsandvillas.Com against the erring party, including indemnification for third party claims for damages.



 
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