Terms and conditions
Any complaints or grievances regarding the use or information posted on this Site, may be sent to firstname.lastname@example.org
1. YOUR ACCEPTANCE OF THIS AGREEMENT
- 1.1.This Site www.quickerala.com and/or any part thereof ("Site") is owned by "The Malayala Manorama Co. Ltd", ('Site Owner")Site Owner ("Site Owner", , "we",
"us" or "our") provides the Site Owner Services to you ("you" or "your") subject to the terms of this legal agreement between you and Site Owner. To use the Services (defined
below), you must first agree to and accept these Terms of Service and Use Agreement ("Terms"). Where such express opportunity to agree to the Terms is not present, your use
of the Site and Services (or any part thereof) shall constitute your agreement to the Terms and your obligation to comply with their requirements. The Site Owner hereby
grants the User a non-exclusive, non-transferable, limited license to use the Site, subject to the unconditional acceptance of the Terms governing this Site. The User hereby
agrees to familiarize himself/herself with the Terms as well as other terms and guidelines found throughout this Site and abide by them. If the User is dissatisfied with the
Site or any portion thereof, or with any of these Terms, the User's sole remedy is to discontinue using this Site.
- 1.2.The Site is deemed to be used by the User when it is accessed by the User by any means and/or when it is loaded and/or continues to be loaded in the
temporary or permanent memory of the User's computer or a similar system or in the internet browser thereof. The Site Owner's own records of the use of the Site and
transactions concluded therein, maintained through computer systems or otherwise shall be accepted as conclusive and binding for all purposes. The User's use of this Site may
be terminated at any time by Site Owner at the sole and absolute discretion of the Site Owner, without any reason or notice being required to be given to the User
- 1.3.The User understands and agrees that Site Owner is a NETWORK SERVICE PROVIDER and an INTERMEDIARY within the meaning of Sec. 79 of the
Indian Information Technology Act, 2000 and that the Site merely provides hosting services to its Registered Users and viewing facilities to persons browsing / visiting the
Site. All the information posted therein has been posted by Registered Users and is third party user generated content. The Site Owner neither initiates the transmission nor
selects the sender and receiver of the transmission nor selects / modifies the information contained in the transmission. The Site Owner has no control over the third party
user generated content and shall not be liable for such content.
- 1.4.Site Owner provides users with access to a wide range of Internet-based, interactive information services, general and personalized content, and interactive tools (the
"Services") which are accessible through the Site by all methods and technological mediums currently or prospectively developed. Your use of theSite and Service are, at all
times, subject to all the Terms set forth herein as well as the policies and guidelines of Site Owner that may be posted and modified from time to time, all of which are
- 1.5.By using the Site and Services you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with Site
Owner and are not otherwise prohibited from using or receiving the Site and Services pursuant to the laws of the local or national jurisdiction from which you are accessing or
using the Site and Services. If you are not able to make the representations in the preceding sentence you are prohibited from using the Site and Services, however, any
unauthorized use of the Site and Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third
party you are representing to us that you are an authorized representative of that third party and that your use of the Services represents their acceptance of the Terms.
- 1.6.We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference. If you would like a printed copy of these
Terms, it is your responsibility to use the print function available to you by means of your personal technology resources.
- 1.7.User agrees not to submit any descriptions, photographs, financial, contact or other information to the Site unless the User has acquired received all necessary rights and authorizations from the Owners of the above, including from the photographer and/or copyright owner of any photographs, to publish and advertise the same on the Site.
- 1.8.The User, if so required by the Site Owner may further be required to substantiate his claims as to the nature and status of the listing by swearing an affidavit stating
the authenticity of the information/data so provided/displayed. Site Owner may, at its sole discretion but without any obligation to, search for such and remove listings that
are alleged to have been submitted in violation of this provision. In addition, Site Owner may require additional evidence of compliance with this provision from Users who are
alleged to have submitted listings or other information/data in violation of the Terms. Additionally, the User agrees to allow the listing, or any part of it, to be searched,
displayed, accessed, downloaded, copied, and otherwise referred to by users of the Site.
- 1.9.Site Owner shall have the sole authority to choose the manner in which any listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Site and Site Owner shall have the right to modify the listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the User:- .
- 1.9.1.represents and warrants that all listings and associated information provided by the User will be accurate;
- 1.9.2.that the User will not post any listing on the Site other than that of the User.
- 1.10.Site Owner reserves, the right to remove without prior notice, all or any part of the content posted on the Site by the User. User will be solely responsible for
retaining back-up copies of all information, photographs and other materials furnished/submitted to the Site.
- 1.11.The User understands and acknowledges that the Site is intended to be an internet location through which the User may access information carried by Site in the database maintained by it. The term "Service" would include 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 mean that the Site Owner is acting as an agent either express or implied on behalf of any person.
2. CHANGES TO THESE TERMS
- 2.1.We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Site, and any use of the Site or Services after such revisions have been posted signifies your consent and agreement to the modified Terms.
3. PROVISION OF THE SERVICES BY SITE OWNER
- 3.2.From time to time and without prior notice to you, we may change, expand and improve the Site and Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services do not entitle you to the continued provision or availability of the Site and Services.
- 3.4.When we jointly provide a service with a non-Site Owner company, you may be subject to both these Terms and the Terms of the non-Site Owner company. We encourage you to review the Terms of any non-Site Owner company with which you do business.
4. PROVISION OF THE SERVICES BY SITE OWNER
- 4.1.We use a diverse range of proprietary and authorized third party information, listings, directories, text, advertisements, User Generated Content, photographs, designs, graphics, images, sound and video recordings, animation and other material and effects (which we collectively call the " Material ") on the Site and as part of the Services FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. Accordingly, you may view, use, copy, and distribute the Material found on the Site or obtained by means of the Services for individual, noncommercial, informational purposes only and in compliance with the Terms and all applicable laws.
- 4.2.By using the Site and Services, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Material (except for your own personal, non-commercial use) from the Site without the prior written consent of Site Owner. In addition, you will not use the Material for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning. You acknowledge that your use of the Site and services to enable the transmission of unsolicited voice messages, facsimiles or emails is in violation of these terms and may be in violation of united federal and state laws and regulations that may subject you to penalties under applicable laws.
- 4.3.You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion.
- 4.4.You may not use the Site and Services to compile data (or any other portion of the Material), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Site and proper operation and usage of the Services by any other authorized users and third parties.
- 4.5.You are prohibited from modifying or obscuring the manner in which the Site are displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Site or the visual display of the Services and Material. You may not obscure advertisements displayed as part of the Site and Services, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by Site Owner in our sole and absolute discretion, you may not link to the Site or any portion of the Services (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Material on a third party Site.
- 4.6.To the extent applicable, when accessing the Site, utilizing the Services or using any Accounts, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to the Services and any Accounts. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Site and utilizing the Services. All forms of indirect and spoofed' access are strictly prohibited. You are prohibited from attempting to access portions of the site which are not intended for public usage and the use of any information obtained from non-public portions of the Site is expressly prohibited.
- 4.8.You are under no obligation to use or continue to use the Site and Services and may temporarily or permanently cease using the Site and Services without notice to Site Owner. Any use of the Site and Services, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Site or any portion thereof. If you see any objectionable content on the Site, please contact us promptly in writing to the address listed in section 21.4 of these Terms.
5. INTELLECTUAL PROPERTY NOTICE
- 5.1.Any and all intellectual property rights associated with the Site, Services and the Material, including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Site, including, without limitation, the Site Owner company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the "Intellectual Property"), are the sole property of Site Owner, its wholly-owned subsidiaries, affiliates, or third parties. Except as expressly and unambiguously provided herein related to User Generated Content, you do not possess, and Site Owner does not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by Site Owner, its subsidiaries, parent companies, affiliates and/or any third party owner of such rights. All authorized copies that you make of the Material or the Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to the Material being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to Site, Services and Material.
- 5.2.Without the prior written consent of Site Owner, you are not authorized to (1) use any Site Owner name or mark, and related marks or any marks in our Intellectual Property portfolio, in any advertising, publicity or in any other commercial manner, (2) use any meta tags or any other "hidden text" utilizing any Site Owner name or mark, and related marks or any marks in our Intellectual Property portfolio, or (3) use the Site Owner domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. Any requests for authorization related to the prohibitions of this provision should be made in writing to the address listed in section 21.4 of these Terms.
6. CONTENT LICENSE FROM YOU
- 6.1.As between you and Site Owner, you may possess certain copyright intellectual property rights you have under law in content that you may submit, display and/or post via the Site and Services. This content, which includes, but is not limited to your comments, reviews, analysis, proposals and feedback, submitted in any form or medium, whether by emails, posting or otherwise, is considered "User Generated Content." Your use of the Site and Services and your submission and/or posting of User Generated Content grants Site Owner, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you. This license is granted to Site Owner with respect to the use of such User Generated Content in connection with the Site and Services and any subsequent version or modification thereof, and is subject to limitation only by your removal or Site Owner removal of such User Generated Content from the Site and Services.
- 6.2.You agree and acknowledge that the foregoing license grants to Site Owner and its affiliates the full right and authority to use User Generated Contents for any purpose related to the Site and Services, including the marketing, sale, syndication, and development of the Site, Services and any successors thereto. This license includes an unrestricted right and authority for Site Owner to make the User Generated Content available to sublicense to other companies, organizations or individuals with whom we have a relationship for the provision of the Services.
- 6.3.You agree and acknowledge that Site Owner and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats and requirements related to the Site and Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Site Owner and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
- 6.4.Your use of the Site and your submission and/or posting of User Generated Content confirms your representation and warranty that you posses all necessary legal rights, power and authority to grant to Site Owner the foregoing license granted to Site Owner and its affiliates and you further represent, warrant and agree that none of the User Generated Content will (i)violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or (ii) contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements or (iii) contain information that is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet or (iv) contain information that do not generally pertain to the designated topic or theme.
- 6.5.The User understands and accepts the fact that the Site Owner cannot and does not assure the User that other Users will comply with these Terms or any other provisions of these Terms, and, as between the User and Site Owner, the User hereby assumes all risk of harm or injury resulting from any such lack of compliance.
- 6.6.The User shall not use the Site in any way that is unlawful, or harms the Site Owner or any other person or entity.
- 6.7.Site Owner is under no obligation to review any User Generated Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Generated Content. You may not imply that any User Generated Content is any way sponsored or endorsed by , Site Owner.
- 6.8.Site Owner reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at our sole and absolute discretion. Reasons we may refuse to post or remove such User Generated Content may include, without limitation, any of the following:
- 6.8.1.Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- 6.8.2.Political campaigning, chain letters, mass mailings of any kind or any forms of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail.
- 6.8.3.Accusations and other assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings.
- 6.8.4.Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and other personally identifiable information.
- 6.8.5.Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
- 6.8.6.Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form.
- 6.8.7.Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity.
- 6.8.8.Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and competitors.
- 6.8.9.Reviews that are exclamatory or otherwise appear to by purposefully deceptive, as determined by Site Owner in its sole discretion.
- 6.8.10.Messages that are promotional or commercial in nature, or are inappropriate based on the applicable subject matter, location or topic.
- 6.8.11.Language that violates the standards of this Site, the Services and policies of Site Owner and its affiliates as determined by Site Owner in its sole discretion.
- 6.8.12.Any content that impersonates, disguises or conceals any person or entity or otherwise misrepresents a user's affiliation with a person or entity.
- 6.8.13.Content that is not readable, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming routines and code that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information.
- 6.8.14.Any content that links (or includes embedded links) to any of the foregoing, or that link to social networking sites.
7. THIRD PARTY SITES
- 7.1.Some of the Sites to which you may link from the Site are owned by advertisers, service providers, or other third parties (collectively "Third Parties"). It is your responsibility to monitor when you have accessed a link to a website that is not part of the Site (collectively, the "Third Party Site(s)") and we do not undertake any obligation to expressly notify you (via a pop-up or other interstitial display) when you are linking to a Third Party Site that is not part of the Site. You can determine if you have linked from the Site to Third Party Sites by reviewing the URL in the browser window or by "right-clicking" on the page and selecting "properties" if the link opens a new browser window. Third Party Sites may include, without limitation, sites of advertisers, other search and listing service providers, information and referral sources, ratings services, geographic location and navigation services, businesses which allow you to bid for and/or purchase products or services, and other sites of general or specific interest.
- 7.2.Although we monitor use of our Intellectual Property and take appropriate measures in defending against the misappropriation of our Intellectual Property by Third Parties, we may not be aware of any unauthorized use of our trademarks or service marks included on a site owned and operated by a Third Party and you should not rely upon any Third Party's use of our Intellectual Property in determining whether a Third Party Site is affiliated with the Site or Site Owner, as such use may be unauthorized.
- 7.4.Site Owner makes no representations whatsoever concerning (1) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (2) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (3) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (4) the sellers of any products or services advertised or sold on or through any Third Party Site. Site Owner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of Third Party Sites or your reliance on any such Third Party content, goods or services, available on or through any Third Party Site.
- 7.5.You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about Third Parties or links to Third Party Sites. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, legitimacy, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Site.
8.NO ASSURANCES/ NO ENDORSEMENTS MADE BY SITE OWNER/ CONTENT DISCLAIMER
- 8.1.Site Owner communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other Third Parties. We have no control over the accuracy of such information provided by Third Parties, and Material on the Site may include technical inaccuracies or typographical errors.
- 8.2.We make no guarantees, nor can we be responsible for any information accessible on the Site or included in the Material, including the currency, content, quality, copyright compliance or legality of such information, nor are we responsible for any resulting loss or damage relating to the use of such information. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible on the Site. Where appropriate, we will endeavor to update information listed on the Site on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.
- 8.3.We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions ("Third Party Products and Promotions") or Third Party or User Generated Content, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site.
- 8.4.References that we make to any names and marks of Third Parties, and Third Party Products and Promotions or hypertext links to related Third Party Sites, do not constitute or imply our endorsement, sponsorship or recommendation of the Third Party Products and Promotions.
- 8.5.All of the data related to Third Party Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion.
- 8.6.Site Owner does not make any representations regarding the availability and performance of the Site or any of the Third Party Sites to which we link. When you click on advertiser banners, sponsor links, or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by Site Owner. Site Owner and its affiliates are not responsible for the content, functionality, or technological safety of these external sites.
- 8.7.We reserve the right to disable links to or from Third Party Sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors, and content partners and other Third Parties.
- 8.8.Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or decency of material contained in any externally linked Websites. We do not fully screen or investigate business listing Web sites before or after including them in directory listings that become part of the Material on our Site, and we make no representation and assume no responsibility concerning the content that Third Parties submit to become listed in any of these directories.
- 8.9.The Site, Services and any Third Party Sites may contain content provided by advertisers or other Third Parties that may not be suitable for children. Site Owner does not knowingly collect personal information from children through the Site.
- 9.1Certain Services and Material accessible on the Site include search results that may combine advertising and sponsored business listings ("Paid Advertising Content") with other business listings that are not Paid Advertising Content. Depending on the text of user-provided search terms, Paid Advertising Content will be included in a search results list intermingled with other search results. We do not undertake to identify which content, if any, is Paid Advertising Content, however, you agree and acknowledge that results may be displayed in an order or manner which gives priority to Paid Advertising Content.
- 10.1.Where Subscription Fees accrue it shall be payable at or within such time as stated in the invoice(s) issued by the Site Owner 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 till the resolution of the dispute. In the event of Site Owner 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. In case of any delay in the payment by the User of any sums due, the Site Owner 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.
11.DELETIONS FROM SITE AND SERVICES
- 11.1.Site Owner does and may take measures to remove Material and User Generated Content at the request of the advertiser who has decided to "opt-out" of the addition of supplemental Material to its advertising, specifically, to ratings and reviews provided by Third Parties, and User Generated Content.
- 11.2.We reserve the right, but not the obligation, to delete (or to refuse to post to public forums) without prior notice any Material and User Generated Content we deem detrimental to the Site or is, in the opinion of Site Owner, defamatory, infringing or in violation of applicable laws. We reserve the right to exclude the Material from the Site. The contents from Third Party Sites or User Generated Contents submitted to us for publication on the Site may be edited for length, clarity and/or consistency with editorial standards of Site Owner.
- 11.3.If you see objectionable or fictitious content, you may promptly report the misconduct of users and/or Third Party advertisers included in the Site to Site Owner to the address listed in section 21.4 of these Terms. Site Owner reserves the right to address such requests individually or on a case-by-case basis.
- 12.1.Any use of the Site, the Services, reliance upon any of the Material, and any use of the Internet generally shall be at your sole risk. Site Owner disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Material accessible by use of the Site and Services.
- 12.2.The Site and the services (including material and information posted and accessible therein) are provided "as is" and "as available" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Site Owner disclaims, , any warranties regarding the security, reliability, timeliness, accuracy and performance of the Site, services and material. Site Owner does not warrant that any defects or errors will be corrected; or that the Site, material or the internet generally, is free of viruses, errors, other harmful components, or will be uninterrupted. Site Owner does not warrant that that any defects or errors will be corrected.
- 12.3.Site Owner disclaims, , any and all warranties, representations and endorsements, express or implied, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the Site; or regarding the security, reliability, timeliness, accuracy and performance of the Site, services and material.
- 12.4.No advice or information provided by site owner, its affiliates, or their respective employees and agents shall create any warranty.
- 12.5.Neither Site Owner, nor its affiliates, makes any representations, warranties or guarantees regarding (1) the operation or performance of the Site, services, or any third party sites, (2) the nature, content or accuracy (either when posted or as a result of the passage of time) of any information, material, apparatus or other process contained on, distributed through, or linked, downloaded or accessed from the Site (including without limitation, those contained on a third party site), (3) any products or services purchased on or through a third party site, or any products or services purchased or obtained as a result of an advertisement or other information or material on or in connection with this Site, or (4) the internet generally.
13.LIMITATION OF LIABILITY
- 13.1.The User agrees that Site Owner shall not be liable for any direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused by personal injury, loss of profits, use, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss) to the User or any third party resulting from the (i) errors, mistakes, or inaccuracies of content, (ii) Personal injury or property damage, of any nature whatsoever, resulting from the User's access to and use of the Site, (iii) any unauthorized access to or use of the Site and secure servers, and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Site, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use by the User of any content posted, emailed, transmitted, or otherwise made available on the Site, whether based on warranty, contract, tort, or any other law, and whether or not the Site Owner is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. The Registered User specifically acknowledges that the Site Owner is only providing a platform at its absolute discretion to share certain information and shall not be liable for.
- 13.2.User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the User.
- 13.3.The use or the inability to use the Services provided by the Site
- 13.4.The delivery or the inability to deliver the Services provided by the Site.
- 13.5.The performance or the inability to perform the Services provided by the Site
- 13.6.Any costs or consequences resulting from the above acts/omissions or resulting from the access to, or alteration of User's transmissions or data.
- 13.7.The User further agrees that the Site Owner shall not be liable to the User or any third party for any damages arising from any error, interruption, suspension or termination of, or in, the Site, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
- 13.9.The User agrees that the Site Owner is not responsible for the accuracy, completeness or availability of information, content and materials found on other Sites that link to or from the Site. The Site Owner cannot ensure that the User will be satisfied with any services that the User purchases from a third-party/ other Site that links to or from the Site or third-party information, content or materials contained on this Site (including, without limitation, User-Generated Content contained in the Site).
- 13.10.The Site Owner does not invite, offer, recommend and/or endorse any of the information regarding any listing, nor has the Site Owner taken any steps to confirm the accuracy, completeness or reliability of, any information, content or materials contained on this Site or on any other third-party Site. The Site Owner does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) the User might be requested to give to any third party. The User hereby irrevocably waives any claims against the Site Owner with respect to information, content and materials contained on the Sites (including, without limitation, User-Generated Content), on third party Sites, and any information, content and materials Users provide to such third party Sites (including, without limitation, credit card and other personal information). The Site Owner strongly encourages the User to make whatever investigation the User feels necessary or appropriate before proceeding with any online or offline transaction with any third party. Users are also strongly advised to independently verify the authenticity of any offers received by them. The Site Owner does not endorse investment in any of the projects and User's investments shall be entirely at the risk and responsibility of the User.
- 14.1.You agree to indemnify and hold us and, as applicable, our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys' fees and costs, whether brought by third parties or otherwise, due to or arising out of:
- 14.1.1Your breach of any representation, warranty, covenant or obligation set forth in these Terms (or any other violation of your agreement with Site Owner on the basis of the Terms);
- 14.1.2Any information, User Generated Content or other material transmitted, submitted or provided by you through the Site and Services, including your use of the Site and Services to provide a link to another Site or to upload content or other information to the Site and, without limitation, our exercise of its rights with respect to such information;
- 14.1.3Your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity;
- 14.1.4Your publication or use of any User Generated Content (including, without limitation, user reviews) displayed on the Site, or
- 14.1.5Your use of, or conduct on, any Third Party Site including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or Services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or Services that you bid on, purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or Services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or Services that you bid on, purchase or otherwise obtain on or through any Third Party Site).
- 14.1.6The foregoing indemnity obligations will survive any termination of the Terms.
- 14.1.7Site Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section. You agree not to settle any matter subject to the foregoing indemnification obligations without the express consent and approval of Site Owner.
- 15.1.Personal Information
- 15.1.1Non-Account Activity. No information / registration details are required to access the Site.
- 15.1.2Account-Related Activity. Certain other activities on the Site like uploading information require the User to have a Registered User Account. The User is required to provide some personal information when the User creates an account, which personal information includes the User's email address, which is used to protect the User's account from unauthorized access. A Registered User Account allows the User to access many of the Site's services that require registration.
- 15.1.3Usage Information. The Site Owner may record information about the User's usage, such as when the User used the Site, the favourites the User subscribed to, the contacts the User communicated with, the information the User has viewed and the frequency and size of data transfers, as well as the information the User displayed on the Site (including UI elements, settings, and other information). If the User is logged in, the Site Owner may associate that information with the User's account. The Site Owner may use clear GIFs (a.k.a. "Web Beacons") in HTML-based emails sent to Users to track which emails are opened by the recipients.
- 15.1.4Content Uploaded to Site. Any personal information or information that the User voluntarily discloses online becomes publicly available and can be collected and used by others.
- 15.2.1If the User submits personally identifiable information to the Site Owner through the Site, the Site Owner may use the User's personal information to operate, maintain, and provide the User with general and personalized features and functionality on the Site, and process any flagging activity or correspondence the User sends to the Site Owner.
- 15.2.2The User's account name is displayed to other Users when the User uploads information or sends messages through the Site and other Users can contact the User through messages and comments. Any information that the User submits to the Site may be redistributed through the internet and other media channels, and may be viewed by the general public.
- 15.2.3The Site Owner does not use the User's email address or other personally identifiable information to send commercial or marketing messages without the User's consent or except as part of a specific program or feature for which the User will have the ability to opt-in or opt-out. The Site Owner may, however, use the User's email address without further consent for non-marketing or administrative purposes (such as notifying the User of major Site changes or for User service purposes).
- 15.2.4The Site Owner uses both the User's personally identifiable information and certain non-personally-identifiable information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Site and to create new features, promotions, functionality, and services by storing, tracking, analyzing, and processing User preferences and trends, as well as User activity and communications.
- 15.3.Information that is publicly available
- 15.3.1When the User creates an account on the Site, some information about the User's account and the User's account activity will be provided to other Users of the Site. This may include the date the User opened the User's account, the date the User last logged into the User's account, the User's age (if the User choose to make it public), the country and the number of / information relating to real estate that the User has visited.
- 15.3.2The User's account name is displayed to other Users when the User engages in certain activities on the Site, such as when the User uploads information or sends messages through the Site. Other Users can contact the User through messages and comments.
- 15.3.3The User may also choose to add personal information that will be visible to other Users.
- 15.3.4Any information that the User submits to the Site can be redistributed through the internet and other media by the Site Owner, without obtaining any consent from the User, and may be viewed by the general public.
- 15.4.The User's Choices
- 15.4.1The User may, of course, decline to submit personally identifiable information through the Site, in which case the Site may not be able to provide certain services to the User. Some advanced features may, for authentication purposes, require the User to sign up for other services. The privacy notices of those services govern the use of the User's personal information associated with them.
- 15.4.2The User may update or correct the User's personal profile information at any time.
- 15.5.Third-party Advertisers, Links to Other Sites
- 15.5.2The Site Owner does not provide any personally identifiable information to these third-party ad servers or ad networks without the User's consent or except as part of a specific program or feature for which the User will have the ability to opt-in or opt-out. However, please note that if an advertiser asks the Site Owner to show an advertisement to a certain audience and the User responds to that advertisement, the advertiser or ad-server may conclude that the User fits the description of the audience they are trying to reach. The advertiser may also use information regarding the User's use of the Site, such as the number of times the User viewed an ad (but not any personally identifiable information), to determine which ads to deliver to the User.
- 15.6.More Information
- 15.6.1For questions concerning the Site or the User's account, please read the Help page.
- 15.6.2For more information about the Site's privacy practices, write to the Site Owner.
- 16.1.We may terminate this Agreement, or terminate or suspend your access to the Services, at any time, with or without notice or cause. Upon termination or suspension, your right to access the Site and use the Service will immediately cease. We may discontinue, temporarily or permanently, the Services, with or without notice.
- 16.2.We reserve the right to terminate, suspend, or restrict your access to the Site and your use of the Services, in whole or in part, unilaterally and without notice, in the event that you violate any of the Terms. If asked to do so, you agree that you will not attempt to access the Site or attempt to utilize the Services by any alias or other disguised or fraudulent identity.
17.REMEDIES AVAILABLE TO US
- 17.1.Site Owner reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
- 17.3.You agree that monetary damages may not provide a sufficient remedy to us for violations of the Terms and you consent to injunctive or other equitable relief for such violations.
- 17.4.Nothing in these Terms is intend to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and Site (including any establishment of an Account or submission of User Generated Content) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between Site Owner and you.
- 18.1.If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement will continue in effect and remain fully enforceable.
- 19.1.You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services.
- 19.2.The Site, these Terms and the User's use of the Site is governed solely by Indian law irrespective of where the whole or any part of the data or Site may be physically located and without regard to conflict of law principles in other jurisdictions. Use of this Site is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of these Terms including without limitation, this paragraph. The Site Owner accepts no liability whatsoever, direct or indirect for non-compliance by the User with the laws of any country. The User agrees that the Courts in Kottayam, Kerala, India, alone shall have jurisdiction with regard to any dispute between the User and the Site Owner excluding all other Courts anywhere in the world that may otherwise have had such jurisdiction.
- 19.3.Except as expressly stated herein, the Terms constitutes the entire agreement between you and Site Owner with respect to the Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between you and Site Owner with respect to the Services and/or the subject matter of these Terms.
- 19.4.Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Site Owner. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.