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This
website, www.PropertyStores.com, (hereinafter
referred to as "PropertyStores") is owned, hosted
and operated by eRADIANCE, having its offices
at 6-13-531/2, Mangalore - 575003. |
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Definitions |
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The
term “authorized user” would include any person,
whether an individual or a legal entity who
has subscribed to the services of PropertyStores, and
to whom the access is restricted by the use
of a sign in user name and a password. The user
name and password are either allotted by PropertyStores
or chosen by the user or agreed upon by PropertyStores.
It is made abundantly clear that only the authorised
user has the right to access the services so
offered by PropertyStores.
For the purposes of this agreement, any person
who does not have a legal or a contractual right
to access the services, but does so, will fall
within the definition of an “unauthorised user”
and will be subject to the terms and conditions,
and expressly so with respect to respecting
the intellectual property rights of the provider,
and abiding by licensing terms and conditions.
The terms “User” and “customer” would include
both the authorised and unauthorised user(s)
The terms “service” or “services” would mean
to include the interactive online information
service offered by PropertyStores on the internet through
which the user may access information carried
by PropertyStores in the database maintained by it.
The terms would include to mean the search tools
through which the user can search through the
hosted databases and information using a number
of search tools that are present with a selection
matching their search criteria. Users then select
one or more of the items presented to view the
full document/ record. The term service does
not extend to PropertyStores acting as an agent either
express or implied on behalf of any user/customer
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Terms
and Conditions |
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PropertyStores
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 PropertyStores, YOU 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 PropertyStores. IF YOU
HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE
CONTACT ( corporateinfo@PropertyStores.com)
eRADIANCE may amend/modify these Terms and Conditions
at any time, and such modifications shall be
effective immediately upon posting of the modified
Terms and Conditions on PropertyStores. You may review
the modified Terms and Conditions periodically
to be aware of such modifications and your continued
access or use of PropertyStores, shall be deemed conclusive
proof of your acceptance of these Terms and
Conditions, as amended/modified from time to
time. eRADIANCE may also suspend the operation of
PropertyStores for support or technical upgradation,
maintenance work, in order to update the content
or for any other reason.
If you utilize PropertyStores in a manner inconsistent
with these Terms and Conditions, eRADIANCE 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.
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SUBMISSION
AND ADMINISTRATION OF LISTINGS |
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Any
customer agrees not to submit any property descriptions,
photographs, financial, contact or other information
contained in each Property's data to PropertyStores
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 PropertyStores. 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,
eRADIANCE 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. eRADIANCE
may, at its 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, eRADIANCE 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. eRADIANCE 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 the PropertyStores website. eRADIANCE shall have
the sole authority to choose the manner in which
any Property will be searched, displayed, accessed,
downloaded, copied, and otherwise used on PropertyStores
and eRADIANCE 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 PropertyStores 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;
eRADIANCE 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 PropertyStores without notice. eRADIANCE accepts no
responsibility for checking/verifying the accuracy
of reports or data files submitted by the Customer.
While eRADIANCE 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 PropertyStores.
Customers, who are buying/renting property/propreties
through PropertyStores, must verify details the property/properties
as well as its right, title, ownership, lien
etc. on their own. |
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Payment
Terms |
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eRADIANCE
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. eRADIANCE 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.
eRADIANCE 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. |
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Refund
in failed transactions |
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Though
eRADIANCE payment reconciliation team works on a
24 x 7 basis, eRADIANCE 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 PropertyStores. |
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USE
OF INFORMATION |
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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 PropertyStores. Customer agrees that Content reserved
for members will be maintained as confidential
and shall be protected as a trade secret of
PropertyStores. PropertyStores 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. |
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INTELLECTUAL
PROPERTY RIGHTS |
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All
logos, brands, trade marks and service marks
("Marks") appearing in PropertyStores are the properties
either owned or used under license by eRADIANCE and
/ or its associates. All rights accruing from
the same, statutory or otherwise, wholly vest
with eRADIANCE / 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.
eRADIANCE respects the Intellectual Property Rights
of all, it has and will continue to adhere to
all the laws applicable in India in this respect.
eRADIANCE 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 a user/users are found to be using PropertyStores
as a platform to infringe the Intellectual Property
Rights of others, eRADIANCE will be free to terminate
this agreement forthwith without any notice
to the user. |
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RESTRICTIONS/
PROHIBITIONS |
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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 PropertyStores, 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 PropertyStores 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 PropertyStores
or link to PropertyStores, without our express written
consent.
- (h) The user shall not utilise
the services offered by PropertyStores in any manner
so as to impair the interests and functioning
of eRADIANCE/PropertyStores. The user undertakes not to
duplicate, download publish, modify and distribute
material on naukri.com unless specifically
authorised by eRADIANCE in this regard. The user
undertakes not to establish any deep link
or other connection to any specific page of
PropertyStores other than the Home Page without obtaining
prior consent of eRADIANCE.
eRADIANCE 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 authorised in writing.
- (i) users undertake that the
services offered by PropertyStores shall not be utilised
to upload, post, email, transmit or otherwise
make available either directly or indirectly,
unsolicited bulk e-mail or unsolicited commercial
e-mail. eRADIANCE reserves the right to filter
and monitor and block the emails sent by you/user
using the servers to maintained by eRADIANCE to
relay emails. All attempts shall be made by
eRADIANCE 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.
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LINKS
TO THIRD PARTY WEB SITES |
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PropertyStores
may provide links to other third-party World
Wide Web sites or resources. eRADIANCE makes no representations
whatsoever about any other Web site you may
access through this Website (PropertyStores). |
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DISCLAIMER
AND WARRANTIES |
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THE
CONTENT OF PropertyStores IS PROVIDED "AS IS" AND ON
AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS
OR IMPLIED.
eRADIANCE 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 PropertyStores.
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.
eRADIANCE does not warrant that the access to Website
will be uninterrupted or error-free or that
defects in Website will be corrected.
No information contained herein shall constitute
an invitation or an offer to invest in eRADIANCE
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
eRADIANCE 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 eRADIANCE 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.
eRADIANCE 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. eRADIANCE 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 eRADIANCE intends
to announce, launch or provide such products,
programs or services in your country. |
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LIMITATION
OF LIABILITY |
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eRADIANCE
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.
eRADIANCE assumes no responsibility for any error,
omission, interruption, deletion, defect, delay
in operation or transmission, communication
line failure, theft or destruction or unauthorised
access to or alteration of Customer?s data/information.
eRADIANCE 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. |
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TERMINATION |
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eRADIANCE
may, without notice in its sole discretion,
and at any time, terminate or restrict your
use or access to PropertyStores (or any part thereof)
for any reason, including, without limitation,
that eRADIANCE based on its judgement and perception
believes you have violated or acted inconsistently
with the letter or spirit of these Terms and
Conditions. |
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INDEMNIFICATION
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Submissions
and unauthorized use of any information(s)/materials
contained on PropertyStores 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,
eRADIANCE 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 PropertyStores material or your breach
of these Terms and Conditions. |
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PRIVACY
POLICY |
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The
user of PropertyStores is subject to privacy
policy available through this link. |
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ARBITRATION
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If
any dispute arises between a user/users and
eRADIANCE 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 eRADIANCE. Decision of the Arbitrator shall
be final and binding on both the parties to
the dispute. The place of arbitration shall
be Mangalore. The Arbitration & Conciliation
Act, 1996, shall govern the arbitration proceedings.
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SEVERABILITY
OF PROVISIONS |
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THIS
AGREEMENT between you and eRADIANCE governs your
use of PropertyStores. 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. |
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WAIVER
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The
failure of eRADIANCE 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. |
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GOVERNING
LAW |
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By
accessing the Website you agree that the laws
prevailing in India shall be the governing laws
in all matters relating to PropertyStores as well as
these Terms and Conditions. |
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JURISDICTION
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Courts
at Mangalore, India alone shall have the exclusive
jurisdiction in all matters relating to PropertyStores
and these Terms and Conditions, irrespective
of the territory and jurisdiction of your access
to PropertyStores.
eRADIANCE does not routinely monitor your postings
to the web site but reserves the right to do
so. However, if eRADIANCE becomes aware of an inappropriate
use of PropertyStores or any of its Services, eRADIANCE
will respond in any way that, in its sole discretion,
eRADIANCE deems appropriate. You acknowledge that
eRADIANCE 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, eRADIANCE
will co-operate fully with law enforcement agencies
in any investigation of alleged illegal activity
on the Internet.
eRADIANCE reserves all other rights. |
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