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Unless otherwise specified, the capitalized words shall have the meanings as defined herein below: |
- 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:
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- 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..
- Service to the Users who wishes to secure a property through farmsandvillas.com and its Internet links.
- Service to the users who wishes to place a print advertisement in any of the group publications through the www.farmsandvillas.com site.
- Service to the Users who wishes to insert advertisements at farmsandvillas.com.
- Service to the Users who wishes to receive advertisements and promotional messages on wwwfarmsandvillas.com and through emails.
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- “Farmsandvillas.com ”: Is defined as the Internet web site of the Company at www.Farmsandvillas.com
- ”User":
Is defined as an individual or corporate subscriber for the Services
and the signatory, whose particulars are contained in the application
form and includes his successors and permitted assignees
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- The Service shall be deemed to have commenced on the Date of Commencement of service.
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- The applicable rate of the Subscription Fees for the Service provided
shall be such as mentioned in the “My Subscriptions” page or as may be
prescribed by the Company from time to time
- Liability for the Subscription Fees shall accrue from the Date of Commencement.
- All individual Users who access or make postings of information at Farmsandvillas.com for the purpose of buying property shall be exempted from the application of this clause.
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- Where Subscription Fees accrues it shall be payable at or within such
time as stated in the invoice(s) issued by the Company to the User.
- The Subscription Fees shall be paid by the User on demand. In case the
user disputes the same for any reason whatsoever, he shall make the
payment towards the Subscription Fees accrued subject to the decision
of the Company on the dispute. In the event of Company’s deciding the
dispute in the User’s favour, the Company shall refund to the User any
excess amount paid by the User free of interest.
- Any delay in the payment by the User of any sums due under this
Agreement, the Company shall have the right to charge interest on the
outstanding amount from the date the payment became due until the date
of final payment by the User.
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- Farmsandvillas.com shall reserve the exclusive right to cancel any content whatsoever from
being published or reflected on its website or in any other mode. The
cancellation charges payable to the User shall be at the applicable
rates laid down in the cancellation and refund policy.
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- The accuracy of the Registration Data given to the Company on initial
application for the Service shall be the sole responsibility of the
User.
- Any licenses, permits, consents,
approvals and intellectual property or other rights as may be required
for using the Service shall be obtained by the User at his own cost.
- The User will ensure compliance with all notices or instructions given
by the Company from time to time to enable the use of the Service.
- The User understands and agrees that User is responsible for all
applicable taxes and for all costs that are incurred in using the Farmsandvillas.com service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User shall keep confidential and not disclose to any person the
User’s password and user identification and all activities and
transmission performed by the User through his user identification.
- The User shall immediately notify the Company of any un-authorized use
of the User’s account or any other breach of security known to the User.
- The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
- The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
- Farmsandvillas.com in its sole discretion shall reserve the right to edit, modify and
alter the content. User agrees that the online advertisements placed
with Farmsandvillas.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
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- User is restrained from allowing any person other than the authorized
person(s) named in the application form to use the Service
- The User undertakes not to resell or assign his/her rights or
obligations under these Terms & Conditions. User also agrees not to
make any unauthorized commercial use of the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User shall comply with all applicable laws (and shall not
contravene any applicable law) of India relating to the Services,
including any regulation made pursuant thereto.
- The User shall not to print, download, duplicate or otherwise copy,
delete, vary or amend or use any data or personal information posted by
any User on Farmsandvillas.com except such data and information which is posted by the particular User himself.
- The User shall not share the Service with any person without the prior written approval of the Company.
- The User shall not use the Service for any unlawful purpose including without limitation criminal purposes.
- The Service shall not be used to send or receive any message, which is
offensive on moral, religious, racial or political grounds or of an
abusive, indecent, obscene, defamatory or menacing nature.
- The User shall be prohibited if they persistently send messages or make postings on Farmsandvillas.com to any other User or third party who access Farmsandvillas.com without reasonable cause or for causing any threat or/and harassment
or/and annoyance or/and anxiety or/and any other inconvenience
whatsoever caused to any person.
- The User
shall not infringe on any intellectual property rights of any person
or/and retain information in any computer system or otherwise with an
intention to do so.
- The User shall give out to
the company a non-exclusive, worldwide, royalty-free, irrevocable,
sub-license able (through multiple tiers) right to exercise all
copyright and publicity rights, in any existing or future media, known
or unknown, over the material or User Data displayed in your listings.
For the purpose of this Agreement, "User Data" shall mean all
information (if any) submitted by the User to Farmsandvillas.com with the exception of trading data, credit card numbers, checking
account numbers, etc. "Individually Identifiable User Data" shall mean
that subset of "User Data" which can be reasonably used to identify a
specific individual such as their name, address, phone number, etc. The
User Data shall be deemed to be the property of Farmsandvillas.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
- User agrees not to make use of anyone else's Information other than as necessary to complete any Farmsandvillas.com transactions in which you are involved.
- The User shall not violate, or attempt to violate the security of Farmsandvillas.com and/or any web sites linked to Farmsandvillas.com or gain un-authorized access any information regarded as private by
other Users or persons, including but without limitation to accessing
data and information not intended for them or logging onto a server or
account which the User is not authorized to access, attempting to
probe, scan or test the vulnerability of a system or network or
attempting to breach security or authentication.
- The User shall be prohibited to introduce, post or transmit any
information or software, which contains a virus, worm or other harmful
component into the internet or Farmsandvillas.com network system.
- In the event that the User breaches any of the above mentioned
covenants, the Company shall have the right to delete any material
relating to the violations without prior notice to the User. The
Company shall issue a warning to the User to discontinue any activity
which leads to the said violations and in the event the User continues
with such prohibited activity, the Company reserves the unilateral
right to suspend or/and deactivate the User’s access to Farmsandvillas.com the Service and/or any other related facility. In addition to the right
to indemnity available to the Company, the Company shall have the right
to any legal remedy, against the User to recover the loss suffered by
the Company and the harm caused to the reputation of the Company, due
to such violation by the User.
- The Users shall avail of the Farmsandvillas.com or any other related site for lawful purposes alone. Transmission
or/and distribution or/and storage of material or/and conduct in
violation of any applicable local or/and state or/and Central or/and
foreign law or/and regulation is prohibited. This includes without
limitation any unauthorized use of material protected by patent or/and
copyright or/and trademark or/and other intellectual property right,
material that is obscene or/and defamatory or/and libellous or/and
constitutes an illegal threat, or/and violates rights of privacy or
publicity, or/and violates export control laws. The User may use the
information on our site only to the extent necessary to facilitate Farmsandvillas.com related transactions.
- The Farmsandvillas.com strongly opposes SPAM, which floods the Internet with unwanted and
unsolicited email and deteriorates the performance and availability of
the Farmsandvillas.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
- Farmsandvillas.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Farmsandvillas.com systems, whether or not the messages were originated by you, under your
direction, or by or under the direction of a related or unrelated third
party.
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- To protect the secrecy of his user Identification and/or password the
User shall take all such measures as may be necessary (including but
without limiting to changing his password from time to time and shall
not reveal the same to any other person(s).
- Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
- It is agreed by the User that he acquire s no rights to any mailbox
number or/and the user identification or/and circuit reference or/and
any codes assigned to him by the Company. The User further agrees that
except as otherwise proved herein, the Company reserves the right to
change or/and re-assign the same to the User at its sole discretion
without being liable to the User for any kind of damages or/and relief
or/and any other consequence/s.
- In the event
of theft or/and loss of user identification or/and password or/and
security word, the User shall notify the Company immediately by
telephone or/and personally concurrently provide the Company with a
written notice to that effect. The User shall remain liable for use of
the Services by any third party until such theft or loss is notified to
the Company.
- The password and username being
made available to the customer shall be used only by the organization
named by the customer and the employee of the organization. The User
shall take all necessary pre-cautions to prevent un-authorized access
or/and leakage of username or/and password being provided by the
Company to him.
- The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from Farmsandvillas.com database without prior consent from Farmsandvillas in writing.
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- The Company may at its sole discretion and without assigning any reason
whatsoever at any time deactivate or/and suspend the User’s access to Farmsandvillas.com and/or the Services (as the case may be) without notice to carry out
system maintenance or/and upgrading or/and testing or/and repairs
or/and other related work. Without prejudice to any other provisions of
this Agreement, the Company shall not be liable for any loss or/and
damage or/and costs or/and expense that the User may suffer or incur,
and no fees or/and charges payable by the User to the Company shall be
deducted or refunded or rebated, as a result of such deactivation
or/and suspension.
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- 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:
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- If the Agreement is terminated pursuant to clauses set out in XI above,
without prejudice to any other remedies available to the Company, the
User shall be liable for Subscription Fees payable until the Date of
Termination.
- The amounts due and payable to
the Company by the User upon termination shall be payable within 30
days of the relevant Date of Termination.
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- If any monies payable by the User to the Company are not paid on the
due date, the Company may without prejudice to any other rights or
remedies that may be available to it suspend the Service provided to
the User.
- When the Service subscribed for is
suspended, it shall be deemed to be terminated. The date shall be such
as stipulated by the Company and the User shall be liable for all the
charges and fees incurred upto the date.
- Upon
subsequent payment by the User of such monies as demanded by the
Company, the Company may at its discretion and subject to such terms as
it deems proper, reconnect the Service.
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- If Farmsandvillas.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Farmsandvillas.com may pursue any of its legal remedies, including but not limited to the
immediate deletion of any offending material from its site or/and
cancellation of your account and/or the exclusion of any person(s) who
may have violated any Terms & Conditions. Farmsandvillas.com could also pursue violators with claims that they have violated various
criminal and/or civil law provisions as applicable under the relevant
Acts/Rules, etc of the land. Farmsandvillas.com will cooperate with any investigation by any Central or/and State
or/and local body or/and any court or/and tribunal having the
competence to carry out the same. Such cooperation may be without
notice to the User. If Farmsandvillas.com believes in its sole discretion that any advertisement or/and services may create liability for Farmsandvillas.com, Farmsandvillas.com may take any actions that it believes are prudent or necessary to
minimize or/and eliminate its potential liability, including but not
limited to, the release of User information. In sum, Farmsandvillas.com reserves the right to refuse service to anyone at any time, or/and to
remove any listings or/and any advertisements for any reason, and
without notice.
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| 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. |
- The Company/Farmsandvillas.com makes no warranty that the service shall meet user's requirements, that
the service shall be uninterrupted or/and timely or/and secure or/and
error free; nor does Farmsandvillas.com make any warranty as to the results that may be obtained from the use
of the service or as to the accuracy or reliability of any information
obtained from the service. Cancellations and alterations shall be
effected only on the receipt of application regarding the same in
writing.
- There are no express representations
and warranties, whether express or implied, made by the Company
regarding the accuracy and/or quality of any information transmitted
and/or obtained through the use of the Services or Farmsandvillas.com.
- The Company shall not be liable for any disclosure of information
concerning the User’s account and/or particular s nor for any error
and/or omissions and/or inaccuracy with regard to information so
disclosed. In addition The Company shall further not be liable for any
loss or damages sustained by reason of such disclosure, weather
intentionally or inadvertently.
- In case the
there is any loss of information, caused due to any reason, weather as
a result of any disruption of service, suspension and/or termination of
the Service, the Company shall not be liable in any way for the same.
Further the Company is not responsible for the accuracy, quality and/or
contents of any information available, received and/or transmitted
through this Service.
- All information are accepted in good faith and Farmsandvillas.com accept no responsibility whatsoever regarding the bonafide of the user,
nor can any interviews be granted or/and correspondence entered into
regarding any advertisement published.
- The
User shall ensure that while using the Service, all prevailing and
applicable laws, rules and regulations, directly or indirectly for the
use of systems, service or equipment shall at all times, be strictly
complied with by the User and the Company shall not be liable in any
manner whatsoever for default of any nature regarding the same, by the
User.
- The Company does not warrant that Farmsandvillas.com or any of the web sites linked to Farmsandvillas.com be free of any operational hazards or error s nor that it will be free
of any virus or/and worm or/and any other harmful components.
- It is not the Company’s policy to exercise any kind of supervisory or
editorial control over and/or edit and/or amend any data and/or
contents of any e-mails and/or posting of any information that that may
be inserted or/and made available or transmitted to a third party in or
through Farmsandvillas.com and the User acknowledges the same. The User acknowledges and agrees
that the Company has absolute discretion to refuse and/or suspend
or/and terminate and/or delete and/or amend any artwork, materials
and/or information or/and content of any data and/or information or/and
posting so as, in the sole opinion of the Company, to comply with the
prevailing legal framework and/or moral obligations as placed on the
Company and in order to avoid infringing any third party’s rights
and/or any other rules and/or standards and/or codes of practices that
may be applicable to the posting or Farmsandvillas.com and/or the internet.
- Farmsandvillas.com is not involved in any transaction between any parties who are using
our website. There are risks, which the User assumes when dealing with
people who might be acting under false pretences and the same shall be
borne by the User. The website is a venue only and do not screen or/and
censor or/and otherwise control the listings offered to other Users,
nor does Farmsandvillas.com screen or/and censor or/and otherwise control the Users of its service. Farmsandvillas.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Farmsandvillas.com will complete the transactions they describe on our site. It is
extremely important that the user takes care throughout his dealings
with other people on this site. Farmsandvillas.com doe s not accept or/and assume responsibility for the content or/and
context of the user comment areas and will not remove or/and edit
postings to the public comments areas once they are entered into the
service, except to expire records or in its sole discretion.
- If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Farmsandvillas.com has no obligation whatsoever to be involved in any such dispute/s. In
the event that the user has a dispute with one or more User/s or/and
participant/s, the User hereby undertake s not to make any claims
or/and demands or/and damages (actual or/and consequential) of every
kind or/and nature or/and known or/and unknown or/and suspected or/and
unsuspected or/and disclosed or/and undisclosed, arising out of or/and
in any way related to such disputes and/or our service against the Farmsandvillas.com or/and their officers or/and employees or/and agents or/and successors.
- The User understands and agrees that any information or/and material
and/or goods or/and services obtained through this website is done at
user's own discretion and risk and that user shall be solely
responsible for any damage/s or/and cost or/and any other consequence/s
resulting from any transaction.
- No advice or or/any information, whether oral or/and written, obtained by the User from Farmsandvillas.com or/and through or/and from the service shall create any warranty not expressly stated herein.
- The website’s total liability under this Agreement in any circumstance
shall be limited to the total amount of fees or/and charges paid by the
User to the Company’s website or the period immediately preceding two
(2) months prior to the incident giving rise to the relevant claim.
- This
Website/ E-mail are vulnerable to data corruption, interception,
tampering, viruses as well as delivery errors and we do not accept
liability for any consequence that may arise therefrom
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- User agrees that neither Farmsandvillas.com nor any of its providers of information shall be liable for any direct
or/and indirect or/and incidental or/and special or/and consequential
or/and exemplary damages, resulting from the use or/and the inability
to use the service or/and for cost of procurement of substitute goods
or/and services or resulting from any goods or/and data or/and
information or/and services purchased or/and obtained or/and messages
received or/and transactions entered into through or/and from the
service or/and resulting from unauthorized access to or/and alteration
of user's transmissions or/and data or/and arising from any other
matter relating to the service, including but not limited to, damages
for loss of profits or/and use or/and data or other intangible, even if Farmsandvillas.com has been advised of the possibility of such damages. User further agrees that Farmsandvillas.com shall not be liable for any damages arising from interruption,
suspension or termination of service, including but not limited to
direct or/and indirect or/and incidental or/and special consequential
or/and exemplary damages, whether such interruption or/and suspension
or/and termination was justified or not, negligent or intentional,
inadvertent or advertent. User agrees that Farmsandvillas.com shall not be responsible or liable to user, or anyone, for the
statements or conduct of any third party of the service. In sum, in no
event shall Farmsandvillas.com 's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Farmsandvillas.com, if any, that is related to the cause of action.
- The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Farmsandvillas.com or any other related site due to or arising out of technical failure
or/and malfunctioning or/and otherwise and the User hereby undertakes
that in such situation/s, the User shall not claim any right/damages/
relief, etc against the Company for “Deficiency of service” under The
Consumer Protection Act or any other Act/Rules, etc.
- Farmsandvillas
(TBSL) shall not be liable for any and all costs, charges, expenses,
etc incurred in relation to the downloading fees by third party,
airtime, ISP connection costs, etc., of which are to be borne by the
user personally.
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The User hereby agrees and irrevocably authorizes that the Company has the right to: |
- Use for the company’s own purpose, any data or/and information supplied
by the User in connection with this Agreement, and/or pass on such
information to any other associated companies or selected third
parties.
- Retain all data or/and information supplied by the User while using the Service to remain at Farmsandvillas.com for the exclusive use of the Company in accordance with service
agreement with the user, notwithstanding any termination of the
Agreement or suspension of the Service to the User herein. Anything
contrary to the above, unless specifically put down in writing,
following the termination or suspension of the Service to the User, all
such data and information shall remain in the Company’s property,
records and databases as the exclusive property of the Company, for all
times to come.
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| 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
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- 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.
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- The right to amend vary or change the terms and conditions contained
herein and in the Services Guide at any time exclusively rests with the
Company, upon notice (in such form as may be determined by the Company)
to the User.
- This Agreement will be
periodically undated and the Terms and Conditions changed from time to
time and the changed or updated Agreement posted at Farmsandvillas.com.
The User should visit the site periodically to review the latest Terms
and Conditions. For the avoidance of doubt, the User's continued use of
the Service constitutes an affirmation and acknowledgement of the
amended terms and conditions.
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- The Company reserves the unilateral right to add to /and/or change
and/or delete and/or end the Service at anytime with or without notice
to the User. Except for paid service, a pro-rated refund shall be
effected for the remaining unused period.
- There
shall be no liability on behalf of the Company to the User or any third
party in case the Company exercises its unilateral right to modify or
discontinue the Service.
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- All notices shall be in English and in writing and (a) if sent to the
User to the address identified on the Application Form and (b) if sent
to the Company to such address as provided in writing for such notice
purposes; provided, however, that all invoices and payments shall be
sent to the attention of The Company’s Finance department, all legal
notices shall be sent to the attention of the Company’s Legal
Department, and all other correspondence shall be sent to the attention
of the account manager specified by the Company. Notice shall be deemed
given upon receipt when delivered personally and upon received
acknowledgment / written verification of receipt from overnight courier
and finally upon verification of receipt of registered or certified
mail
- All notices from the Company including notice of change to these Terms & Conditions or other matters related to Farmsandvillas.com will be done by displaying notices to Users on the Service.
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- Termination or expiration of this Agreement, in part or in whole, shall
not limit either party from pursuing other remedies available to it,
nor shall either party be relieved of its obligation to pay all fees
that are due and owing under this Agreement through the effective date
of termination. Neither party shall be liable to the other for any
damages resulting solely from termination as permitted herein.
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- The failure of Farmsandvillas.com to exercise or enforce any right or provision of these Terms &
Conditions shall not constitute a waiver of such right or provision. If
any provision of these Terms & Conditions is found by a court of
competent jurisdiction to b e invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
these Terms & Conditions shall remain in full force and effect.
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- This Agreement shall constitute the complete and exclusive agreement
between the parties with respect to the subject matter hereof,
superseding any prior agreements, documents and or communications
regarding such subject matter. This Agreement may only be modified,
or/and any rights under it waived, by a written document executed by
the Company only. The right to change vary or amend, however
exclusively rests with the Company.
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- It is clarified that there is no agency or/and partnership or/and joint
venture or/and employee-employer or/and franchiser-franchisee
relationship between Farmsandvillas.com and any User of the Service.
- The User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the Terms & Conditions must be filed within 30 days
after such claim or cause of action arose or be forever barred.
- All information of whatsoever nature received from the user is in good
faith and is bonafide. The information is believed to be true/ correct
and complies with the laws of the land.
- This Agreement and any dispute or matter arising from incidental use of Farmsandvillas.com is governed by the laws of India and the User and the Company hereby
submit to the exclusive jurisdiction of the courts at Delhi, India
without regard to its conflict of law provisions. User and Farmsandvillas.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delhi.
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- The terms and conditions appearing here above consists of the entire
agreement between the Party/User (as defined above ) and the Company
(as defined above ) and replaces all previous arrangements/schedules
between the parties regarding the subject matter contained herein
above. By completing the registration process and/or checking the “I
have read and accept the Terms of Use” box,
you are indicating your acceptance to the agreement and to be bound by
all of the terms and conditions of the Company as appearing
hereinabove.
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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! |
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- Farmsandvillas.Com respects the privacy of its users and is committed to its protection.
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| 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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