Terms & Condition
PLEASE READ THIS DOCUMENT CAREFULLY. BEFORE ACCESSING OR USING www.propertypointer.com , 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 www.propertypointer.com.
There may be amendment/modifications to these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions on www.propertypointer.com. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of www.propertypointer.com, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. Property Pointer may also suspend the operation of www.propertypointer.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
a) 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..
b) Service to the Users who wishes to secure a property through propertypointer.com and its Internet links.
c) Service to the users who wishes to place a print advertisement in any of the group publications through the www.propertypointer.com site.
d) Service to the Users who wishes to insert advertisements at www.propertypointer.com
e) Service to the Users who wishes to receive advertisements and promotional messages on www.propertypointer.com and through emails.
SUBMISSION AND ADMINISTRATION OF LISTING
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to www.propertypointer.com 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 www.propertypointer.com . 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, Property Pointer 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.
Property Pointer 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, Property Pointer 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. Property Pointer 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 www.propertypointer.com website. Property Pointer shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on www.propertypointer.com and Property Pointer 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 www.propertypointer.com 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;
Property Pointer 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 www.propertypointer.com without notice Pointer. IProperty accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While Property pointer 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 www.propertypointer.com .
Customers, who are buying/renting property/propreties through Property Pointer, must verify details the property/properties as well as right, title, ownership, lien etc. on their own.
OBLIGATIONS OF USERS/SUBSCRIBER
LIMITATION OF LIABILITY
PROPERTY POINTER 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.
PROPERTY POINTER assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of Customer's data/information. PROPERTY POINTER 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.
PROPERTY POINTER may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to www.propertypointer.com (or any part thereof) for any reason, including, without limitation, that PROPERTY POINTER based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions.
Submissions and unauthorized use of any information(s)/materials contained on www.propertypointer.com 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, PROPERTY POINTER 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 www.propertypointer.com material or your breach of these Terms and Conditions.
PROPERTY POINTER gives a limited assurance that the name and contact information of the advertiser and the category in which the advertiser is listed by Property Pointer, have been verified as existing and correct at the time of the advertiser's application to register with Property Pointer. Property Pointer makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the Property & -Price offered by the advertiser.
Users using any of Property Pointer service across the following mediums ie. through internet ie Property Pointer Website, Wapsite, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with Property Pointer.
All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Property Pointer does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Property Pointer .Further, Property Pointer is not at all responsible for any act of Advertiser/s listed at Property Pointer.
DISCONTINUATION OR MODIFICATION TO SERVICES
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 www.propertypointer.com will be done by displaying notices to Users on the services.
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.
The failure of Company 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 endeavor 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.
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.
GOVERNING LAW AND JURISDICTION
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS