PHMPL WEBSITE TERMS & CONDITIONS
This website, www.Propertyhubworld.com, is owned, hosted and operated by Property Hub Management Pvt. Ltd. (hereinafter referred to as PHMPL), a company incorporated in India under the Companies Act, 1956 and having its Registered Office at 402, CSD Apartment Buddha Colony, Patna, Bihar 800001, INDIA. These terms and conditions regulating use of these Services constitute a legally binding agreement between Propertyhubworld and the User (the “Agreement”).
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING www.Propertyhubworld.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.Propertyhubworld.com. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( info@Propertyhubworld.com ).
TERMS AND CONDITIONS:
"You" or "User" shall mean any legitimate person who is viewing/browsing the Website and/or has agreed to avail the Services on the Website by providing the required information while registering on the Website.
The term "We", "Us", "Our", “Propertyhubworld.com”, “PHMPL ", used in these Terms shall mean " Property Hub Management Pvt. Ltd.”,
In consideration of Real Estate Domains, Propertyhubworld.com, on granting you access to this Website, you agree as follows:
- All images, text, graphics, video, multimedia files, programs, and other materials (the "Content") found and published on this Website are protected by all applicable Indian and international intellectual property laws. All rights in the Content and any reproduction, distribution, modification, or publication of the Content found and published on this Website is prohibited without the express written consent of Propertyhubworld.com.
- Any information, communications, images or materials you submit to Propertyhubworld.com, by email or otherwise, are deemed non-confidential, and are free to use and reproduce such information, ideas or concepts freely and for any purpose including developing, promoting, or discussing this Website. Any such use is without compensation to you, and you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Propertyhubworld.com uses such material.
PHMPL 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 Propertyhubworld.com. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Propertyhubworld.com, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. PHMPL may also suspend the operation of Propertyhubworld.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize Propertyhubworld.com in a manner inconsistent with these terms and conditions, PHMPL 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.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS:
1.1 This website, is made available to you by Propertyhubworld.com and is located at Patna, Bihar.
1.4 By using or accessing this Website, the then-current version of these Terms as published on this Website will apply to that use and access of this Website by you; and you will be deemed to have agreed to additional terms and conditions, disclaimers and disclosures that apply and is called “Additional Terms”. If there is any conflict or inconsistency between any part of these Terms or the Additional Terms, the Additional Terms will prevail. For the purpose of these Terms and wherever the context so requires, the terms "you", and "your" and "user" shall mean any person who accesses or uses the Website.
1.6 It is our constant endeavour to make Propertyhubworld.com an enjoyable, economically viable, effective, accurate and in-depth experience for all our users. If you observe any material violation and have contributing inputs of this Website, please write to us at firstname.lastname@example.org, as this will go a long way in enhancing our Clients/Customers service!
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
2.1 "PROPERTYHUBWORLD.COM " is defined as the Internet web site of the Company at www. propertyhubworld.com
2.3 'USER' or 'CUSTOMER' or "YOU" would include both the individual or corporate Subscriber/Advertiser(s) and Browser/Visitor(s) who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company. "User" is defined as an subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees
2.4 "COMPANY" is defined as Property Hub Management Pvt. Ltd., an existing Company under the Companies Act, 1956 and having its HO : Back Side of Sahay Sadan Campus, Near Meena Plaza, Vidyapati Marg, Taramandal Patna, Bihar-800001, INDIA along with its unit for the Company’s website Propertyhubworld.com
2.5 “DATE OF COMMENCEMENT” is the date of the acceptance of the application by the user to our service. It shall be clearly specified by the company in its notice to the user either through e-mail or conventional mail or any other means.
2.6 “DATE OF TERMINATION” is the date of expiry mentioned in the notice or/and the letter of termination.
2.7 “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 Propertyhubworld.com"
2.8 “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"
2.9 "SERVICES" means the Services to be provided by the Company to the User of propertyhubworld.com and shall include the provision of following facilities:
2.9.1 Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
2.9.2 Service to the Users who wishes to secure a property through propertyhubworld.com and its Internet links.
2.9.3 Service to the users who wishes to place a print advertisement in any of the group publications through the www. propertyhubworld.com site.
2.9.4 Service to the Users who wishes to insert advertisements at propertyhubworld.com .
2.9.5 Service to the Users who wishes to receive advertisements and promotional messages on www. propertyhubworld.com and through emails.
Here, It should be noted that 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.
3. AMENDMENT/MODIFICATION OF TERMS/SERVICES:
propertyhubworld.com reserves its right to withdraw wholly or partly, without assigning any reason, any of Services offered through the Website. with or without any notice.
4. SCOPE OF SERVICES:
propertyhubworld.com offers an array of online services including but not limited to listing of properties on the website for sale, lease, purchase, creating a network for an apartment complex/building . You can also be directed to various third party vendors for apartment complex accounting, registration of society, posting classified advertisements, other services offered. The services offered by propertyhubworld.com / third party vendors may be availed by both individuals and organizations such as builders or brokers. You are permitted to post your requirements / advertisements on our website as long as such posting is genuine, not fraudulent or manipulated and is in accordance with the Terms. Further, with your consent, You may authorize any person, including propertyhubworld.com to carry out the postings on your behalf in accordance with the Terms. You shall be solely liable, responsible & answerable for any posting done by you or by any person on your behalf or with your consent.
5. REGISTRATION OBLIGATION AND MEMBERSHIP:
If you represent an organization and want to avail the various services offered by us, you are required to register with propertyhubworld.com , we recommend that You, and all other users from your organization, sign up for user accounts by providing your corporate contact information. The membership of this website is available only to those above the age of 18 barring those Incompetent to Contract™ including insolvents and minors as described by the Indian Contract Act, 1872. If you are a minor and wish to browse/use the Website, you may do so through your legal guardian, permitted by propertyhubworld.com .
Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If false and inaccurate details are posted on propertyhubworld.com , we hold a valid reason & the rights to permanently suspend your account and levy penalty.
5.1 Usage Rules:
You agree to use the Service in compliance with these usage rules and all applicable laws for the time being in force and are authorized to download, install and use the Mobile Connect App, solely and exclusively for the purpose of using the Service in accordance with the Terms and Conditions. This authorization is exclusive to You and is not transferrable or assignable by You. You agree that You shall not attempt or assist another person to, violate, circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with the Service. You agree that you shall not infringe any copyright or any other Intellectual Property relating to the Service and shall indemnify us and hold us harmless against any such infringement.
"Intellectual Property Rights" means all worldwide (a) patents, patent applications, patent rights and discoveries or inventions (whether or not patentable); (b) rights relating to the protection of trade secrets and confidential information; (d) any other proprietary rights analogous to those set forth herein and and (e) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable), now existing or hereafter filed, issued, or acquired. If any open source software is included in the Service, You agree to abide by the relevant open source license terms.
You shall indemnify and hold Us and our subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys harmless from and against any and all losses, damages, costs and expenses relating to Your unauthorized use of the Services or for any breach of obligations set forth herein.
5.2 Proprietary Rights:
You acknowledge and agree that the Service, including but not limited to trademarks, user interface, scripts and software used to implement the Service, contains proprietary information owned by Us or our third-party service providers, and is protected by applicable Intellectual Property rights by copyright, trade secret and other intellectual property laws. All Intellectual Property rights in the Service belong to Us or certain third-parties and You shall not do anything to jeopardize, limit or interfere with such Intellectual Property rights. We retains all right, title and interest in and to the Services and all methodologies, know-how, processes, technologies, tools, devices, documentation, ideas or data and all derivatives thereof (including any and all Intellectual Property Rights and other proprietary rights embodied therein or associated therewith).
5.3. Use of your Personal Information and Your Privacy:
We may modify/change/add/alter/impose, the Terms and Conditions at any time
Of Your use of the Service without your prior knowledge and consent. Such modifications and additional terms and conditions shall be effective immediately and incorporated into these Terms and Conditions. Your continued use of the Service will be deemed acceptance thereof.
We may terminate these Terms and Conditions at any time, for any reason, including for convenience and inalienable requirement. If the Terms and Conditions are terminated by Us, You must immediately cease and desist using the Service and forthwith uninstall the Mobile Connect App.
6.PRIVACY, CONFIDENTIALITY & SECURITY POLICY:
6.1.1 We use users' personal information to:
- provide our services
- resolve disputes, collect fees, and troubleshoot problems
- encourage safe trading and enforce our policies
- customize users' experience, measure interest in our services, and inform users about services and updates
- communicate marketing and promotional offers to you
- do other things for users as described when we collect the information.
Propertyhubworld.com respects the privacy of its users and is committed to its protection such as:-
6.1.2 Information personal:
We/company/propertyhubworld.com do believe and execute on the personal data provided by you is correct in all respect and you have placed it for your needs, believing the service provider may contact you as per their needs.
6.1.3 External link/ advertisement:
We/company/propertyhubworld.com have different other company advertisement beyond the real estate ,the link provided here or advertisement access is sole interest of the individual/ company/ associates and must be verified by your end before execution of any. We do not grants or advices for the same which should be access at your own risk/liabilities.
To access the site we/company/propertyhubworld.com provides you user & password for the access to the data and business operation on the site. Here by we advices not to share anyone. Information provided by your end. Access on site we/company/propertyhubworld.com fully hinges on the pure and healthy business activities, maintaining the gravity of the site and all the security and error free execution .operational on our site. The contravention of the user in any such activity is subject to cyber law rule.
6.1.5 Property advertisement:.
Property advertisement placed here on site is the sole decision/interest of the property owner/property consultants/investors/company. We on our site, carry out the advertisement and promotional activities to have the maximum benefits of the advertiser. The advertiser must/should provide all the correct information here only in all respect for which only he is holistically responsible & accountable .
We under proper authority, may be required from time to time to disclose users’ personal information to Governmental or law enforcing agencies or our regulators, in any investigation or judicial process relating to fraud, to Service providers who help with our business operations and Third party vendors, including Google during the period Propertyhubworld.com retains such information.
6.1.7 Access, Modification, and Deletion:
You can see, modify or erase your personal information by reviewing your posting or account status page. We , on our part, delete personal information when we no longer need it whereas we may retain personal information as permitted by law to resolve disputes, enforce our policies; and prevent miscreants/bad guys from coming back. In case of any doubt or problems faced by you, please contact our customer support at email@example.com.
6.2. Confidentiality of Information:
6.2.1 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/User and which is confidential or proprietary in nature expressed by Company or by any of its Associates to be confidential, and not generally available to the public or third party.
6.2.2 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.
6.2.3 On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the company shall deliver back to the user all original documents, records, data and other material in the possession, custody or control 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.
6.2.4 All information and data submitted by the User shall become strictly confidential property of the Company which 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.
6.2.5 The User has access to only his own data and information stored in the database at propertyhubworld.com (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
6.2.6 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 control and liability of Company and the company accepts no responsibility or liability whatsoever for such actions.
6.2.7 All copyright and/or know-how and/or any other related intellectual property rights to the Service or propertyhubworld.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 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 legal remedial action and related costs and peril of which will lie at the end of the User.
6.2.9 We may update, upgrade, modify (partially &/or fully) this policy at any time. If we or our corporate affiliates are involved in a merger or acquisition, we may share personal information with another company, but this policy will continue to apply.
6.3 Data Security: We use a number of mechanisms (encryption, passwords, physical security) to protect the security and integrity of your personal information against unauthorized access and disclosure. Unfortunately, no data transmission over the internet can be guaranteed to be completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once any personal information comes into our possession, we will take reasonable & full-fledged steps to protect that information from misuse and loss and from unauthorised access, modification or disclosure. 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 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 propertyhubworld.com database without prior consent from propertyhubworld.com in writing.
7. RESTRICTED AND PROHIBITED ACTIONS:
7.1 User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
7.2 The User shall use the Service only for subscribed purpose , 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 , shall not undertake to resell or assign his/her rights or obligations, and shall agree not to make any unauthorized commercial use of the Service under these Terms & Conditions.
7.3 The User shall not to print, download, duplicate or otherwise copy, delete, vary or amend, reproduce or access, link to, index, frame, scrape, or use the Website i.e. Propertyhubworld.com except such data and information which is posted by the particular User himself and that is not expressly authorized by Company and shall not share the Service with any person without the prior written approval of the Company. Here, "Technology" includes any hardware, software, programmes, networks, systems, applications, platforms, devices, technology and the like, of any kind and in whatever form.
7.4 The User must not, directly or indirectly, do any of the following things or allow anybody else to:
- perform any action that violates any of these Terms;
- perform any action which is illegal, fraudulent or violates or infringes any rights, title or interest (including, but not limited to, any intellectual property rights) in or to this Website or the Content;
- use Technology or other means to remove, disable, bypass, or circumvent any protection mechanisms or access control mechanisms, including those intended to prevent the unauthorized download, capture, scraping, linking, framing, reproduction, access to, use or distribution of the Content or the Website.
- access or use the Website or the Content through automated means, including through the use of "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Website or the Content and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);introduce any "viruses", "trojan horses", computer code, malware, instructions, devices, a virus, worm or other harmful component into the internet or Propertyhubworld.com network system or other materials that are designed to disrupt, disable, harm or otherwise impede in any manner the operation of any access device, Technology, services, data, storage media, programs, equipment or communications, or otherwise interfere with operations thereof ("Destructive Code") into the Website, the Content or the Technology used by Propertyhubworld.com or any other user of the Website;
- damage, disable, overburden, impair, or gain unauthorized access to the Content or the Website;
- remove, modify, disable, block, obscure or otherwise impair any advertising displayed on, or used in connection with, the Website;
- use the Website or the Content to advertise or promote products or services that are not expressly approved in advance in writing by us;
- interfere with any other person's use and enjoyment of the Website;
- attempt to discover or reverse engineer the source code and other materials forming part of the technology used to provide the Website or forming part of the Content;
- use the Service for any unlawful purpose including without limitation criminal purposes.
- For the use of sending or receiving any messages, offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.
- receive or charge money, favours or other consideration for allowing any other person to use or access the Website or the Content, (all of the above are called "Prohibited Acts").
- shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that -
- Belongs to another person and to which you do not have any right to;
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation,
7.5 The Users shall avail the Service on Propertyhubworld.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. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
7.6 The User shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable (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 Propertyhubworld.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 Propertyhubworld.com.
7.7 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 transactions in which you are involved. The User shall not violate, or attempt to violate the security of Propertyhubworld.com and/or any web sites linked to Propertyhubworld.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.
7.9 Company strongly opposes & prohibits SPAM, or any activity facilitating SPAM which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Propertyhubworld.com site.
7.10 These Terms and any restrictions on the use of the Website will also apply to any part of the Website and Content that is cached when using the Website.
We reserve the right, and we are allowed, to use Technology and other means to monitor that you are complying with these Terms.
8. PAYMENT TERMS:
8.1 The charges/fees for the various Services offered by Property Hub Management Pvt. Ltd. have been clearly set forth in the Website or you may communicate with us at firstname.lastname@example.org to get more information. There are both paid services and free services offered thorough the Website.
8.1.1 All payments for services at Propertyhubworld.com have to be made in favour of "Property Hub Management Pvt. Ltd." only. We have not authorized any individual or organization to collect payments in its name for any services rendered by Propertyhubworld.com. Payments for the Services offered by Propertyhubworld shall be on a 100% advance basis. You understand that the Services offered without any charges are restricted as per the information on the website or as is seen while availing the said Services. Hence You may be required to pay the amounts, communicated by us or set forth in the Website, if you wish to avail any Services other than the free Services offered. Property Hub Management Pvt. Ltd. reserves the right to alter/modify the amounts payable for the Services without any prior notice.
8.1.2 The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Property Hub Management Pvt. Ltd. PHMPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts due to server uptime or applications not working properly. User acknowledges and agrees that PHMPL/Propertyhubworld.com, at its sole discretion, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to PHMPL under any other agreement or commercial relationship towards other products/services. Property Hub Management Pvt. Ltd. undertakes no liability for free Services. Property Hub Management Pvt. Ltd. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
8.1.3 Property Hub Management Pvt. Ltd. Takes every care regarding all or any data / information in respect of electronic transfers/transactions of money, for not to be misused. Property Hub Management Pvt. Ltd. does not store or keep credit card data. Since the transaction happens on a third-party network/Payment Gateway, not controlled by Property Hub Management Pvt. Ltd., once a credit card transaction has been completed, the payment information is not accessible to anyone at Property Hub Management Pvt. Ltd, thus ensuring the maximum security.
8.1.4 Property Hub Management Pvt. Ltd. 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.
8.2 Suspension of Service:
8.2.1 If any monies payable by the User to the Company are not paid by 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. For all concerned, service suspended is service
terminated. The User shall be liable for all the charges and fees incurred up to the due date
stipulated by the Company. 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
8.2.2 If for 9 months we don’t see any activity/action for an account, it will be considered as Inactive and account will be kept in suspension. A customer would have another 3 months to activate listings/filters etc. If no activity for 12 months, these credits will be terminated/forfeited on account of Inactivity for 12 months and the customer cannot claim credits post this period.
8.2.3 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.
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.
9. REFUND IN FAILED TRANSACTIONS:
Though Property Hub Management Pvt. Ltd. payment reconciliation team works on a
24 x 7 x 365 basis, it offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is due to the multiplicity of organizations processing the 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 Propertyhubworld.
If you utilize Propertyhubworld in a manner inconsistent with the set terms and conditions, Company may terminate your access, block your future access and/or seek such additional relief as the deemed to be fit and proper.
10. USE OF INFORMATION:
10.1 User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Propertyhubworld. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Propertyhubworld.
10.2 Propertyhubworld does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal, implied, contracted 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. Users violating these specific terms, specifically those Users 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.
10.3 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 Propertyhubworld.com shall remain in the Company's property, records and databases as the exclusive property of the Company, for all times to come, notwithstanding any termination of the Agreement or suspension of the Service to the User herein, unless anything contrary to the above, specifically put down in writing,
10.4 By entering mobile number on Propertyhubworld.com while registering for an account, user gives consent to Company and its partners/vendors and sub-partners/sub-vendors to send alerts, contact details, promotional SMS and promotional calls to the mobile number entered by the user, irrespective of whether the same is on the DNC list or any other such data base. In case user does not want to receive these messages on his/her mobile number, he/she shall not submit his/her mobile number with Propertyhubworld.com.
11. REGULATION OF USAGE OF WEBSITE:
11.1 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You agree not to use the Website (including, without limitation, any Services you may obtain through your use of the Website):
- in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- to stalk, harass, or harm another individual or organization;
- to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- to interfere with or disrupt the Website or servers or networks connected to the Website.
- not to list or sell any prohibited / banned items in the Market Place, without limiting the foregoing.
The Company agree not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to the Website unless it 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 Website. Photographs with any watermark are prohibited.
11.2 Obligations And Responsibilities Of User/Subscriber:
11.2.1 The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
The user agrees that any data entered into herein will be subject to mandatory verification process by Propertyhubworld.com .
11.2.2 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.
11.2.3 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.
11.2.4 The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the Propertyhubworld.com service.
The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
11.2.5 The User shall keep confidential and not disclose to any person the User's password and user identification, transmission and all.
11.2.6 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.
11.2.7 The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
11.2.8 The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
11.2.9 You acknowledge and agree that your use of this Website or the services or products available through this Website:
- Will comply with these Terms and Conditions of Use and all applicable local, state, national and international laws, rules and regulations;
- Will not be illegal or promote or encourage illegal activity;
- Will not promote, encourage or engage in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Will not infringe on the intellectual property rights of a third party;
- Will not violate the privacy or publicity rights of another third-party;
- Will not disseminate or install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
- Will otherwise comply with the Acceptable Use Policy and Takedown Procedures.
11.2.10 Propertyhubworld.com, in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with Propertyhubworld.com shall be reflected after 48 hours. The User will indemnify Propertyhubworld.com for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
11.2.11 Propertyhubworld.com do not accept any responsibility towards the data entered in our website. The user who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). 11.2.12 Propertyhubworld.com however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaint should be addresses by email at email@example.com.
11.2.15 User of the website agrees to indemnify and keep Propertyhubworld.com indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party.
11.3 LINKS TO THIRD PARTY WEB SITES:
Propertyhubworld may provide links to other third-party World Wide Web sites or resources and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Website, however, it makes no representations or warranties for the availability/ accuracy of content including but not limited to opinions, advice, statements and advertisements provided on third party web sites you may access through Propertyhubworld.
A link to a third party web site from the Website does not constitute endorsement by Propertyhubworld of the owner of the other site, the content of its site, or its products or services.
Company is not also responsible for any obscene, scandalous, profane, defamatory, or unlawful website Links to third party Website.
12. DISCLAIMER AND WARRANTIES:
12.1 The information and opinions available on this website/App are broad guidelines for general information purposes only and should not be construed as technical advice of any manner. The website/App does not provide legal, financial or real estate advice. User should make own inquiries and obtain independent professional advice before making any legal, financial or real estate decisions. Propertyhubworld.com is not liable for any loss, special, indirect or consequential damage, cost or expenses incurred or negligence & other tortuous action for any reason whatsoever by any person using or relying on information in this product. Measurements, prices and locations given by users are approximate and Propertyhubworld.com takes no responsibility is taken for any error, omission or misunderstanding in these particulars.
12.2 Propertyhubworld.com is controlled and operated from India and it makes no representation that its materials are appropriate or usable 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.
12.3 Propertyhubworld.com offers products, Services, content and various other functionalities through it and its affiliate sites to specific regions worldwide which differs due to availability, local or regional laws or legal impediments and other considerations/factors. Propertyhubworld.com does not make any warranty or representation that a User in one region may also obtain the same services as provided in another region. References to information on Propertyhubworld.com might say that specific products, programs or Services that are not announced or available in your country but dissociates from implying in any manner that it intends to announce, launch or provide such products, programs or Services in your country. Propertyhubworld.com People disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
12.4 ALL INFORMATION AND SERVICES PROVIDED BY THE COMPANY THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROPERTYHUBWORLD.COM DOES NOT WARRANT THAT THE SERVICES OFFERED ARE FREE OF INACCURACIES, TYPOGRAPHICAL AND CLERICAL ERRORS OR OTHER ERRORS OR MISTAKES. PROPERTYHUBWORLD.COM DOES NOT WARRANT ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE COMPLETENESS LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE, NOR THAT DEFECTS OR LIMITATIONS IN THE SERVICES WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PROPERTYHUBWORLD.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. PROPERTYHUBWORLD.COM EXPRESSLY DISCLAIMS ANY OBLIGATION(S) TO UPDATE THIS WEBSITE OR ANY OF THE MATERIALS ON THIS WEBSITE AND DOES NOT WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE CONTINUOUSLY. CERTAIN EXTENUATING CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED. COMMONFLOOR PROVIDES NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITION, COMMONFLOOR PROVIDES NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICES.
PROPERTYHUBWORLD.COM MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE. COMMONFLOOR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL, DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER) DUE TO ACCESS, DOWNLOAD OR USAGE OF CONTENTS FROM THE WEBSITE. ALTHOUGH, EVERY EFFORT IS MADE TO ENSURE THAT THE MATERIAL IS ACCURATE AND UP TO DATE AND NOT MISLEADING/ OFFENSIVE/ INAPPROPRIATE AND CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE. HOWEVER, WE DO NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, QUALITY AND/OR CONTENTS, OR CURRENCY OF THE INFORMATION PROVIDED. IF THAT IS THE CASE, PLEASE REPORT IT TO REPORT ABUSE.THE COMPANY SHALL NOT BE LIABLE FOR ANY DISCLOSURE OF INFORMATION CONCERNING THE USER'S ACCOUNT AND/OR PARTICULARS NOR FOR ANY ERROR AND/OR OMISSIONS AND/OR INACCURACY WITH REGARD TO INFORMATION SO DISCLOSED.
IN NO EVENT SHALL PROPERTYHUBWORLD.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THIS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PROPERTYHUBWORLD.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY IT. IT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
12.5 The Company/Propertyhubworld.com makes no warranty that the service shall meet user's requirements, and the service shall be uninterrupted or/and timely or/and secure or/and error free. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing. Propertyhubworld.com will not be liable for any time difference arising between a message released through a gateway/ server ( provided to Propertyhubworld.com ) and such message finally reaching the End User from the concerned service provider. 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. All information are accepted in good faith and Propertyhubworld.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.
12.6 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. The Company does not warrant that Propertyhubworld.com or any of the web sites linked to it be free of any operational hazards or errors nor that it will be free of any virus, worm, data corruption, interception, tampering, or/and any other harmful components.
12.7 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 Propertyhubworld.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 Propertyhubworld.com and/or the internet. Propertyhubworld.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.
12.8 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 it screen or/and censor or/and otherwise control the Users of its service. Propertyhubworld.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not our users will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people, users on this site. Propertyhubworld.com does not accept or/and assume responsibility for the content or/and context of the user comment.
12.9 If there is any dispute between the Users/participants on this site, it is agreed upon by the Users/participants that Propertyhubworld.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 company or/and their officers or/and employees or/and agents or/and successors. No advice or or/any information, whether oral or/and written, obtained by the User from Propertyhubworld.com or/and through or/and from the service shall create any warranty not expressly stated herein.
12.10 In case a visitor to the portal is desirous of conducting a site visit of the property, he/she is interested in, Propertyhubworld.com shall be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits. 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 three (3) months prior to the incident giving rise to the relevant claim. Propertyhubworld.com shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. Propertyhubworld.com will not be responsible for any claims arising out of the use of any information displayed herein.
12.11 Propertyhubworld.com is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Propertyhubworld.com together with a request to it to delete the relevant Content in good faith in the claims of infringement form available here.
12.12 Propertyhubworld.com offers no guarantee or warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Propertyhubworld.com are solely for the purposes of display of the property advertised. Propertyhubworld.com does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility. No information contained herein shall constitute an invitation or an offer to invest in Propertyhubworld.com or any of its Affiliates. Further, nothing contained in it should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Propertyhubworld.com makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
13. RERA DISCLAIMER:
This is a very important disclaimer with Real Estate (Regulation and Development) Act, 2016 and the Rules made there under (“RERA”). We, at propertyhubworld.com, would like to hereby declare to all the visitors, users and associates of the website that the Content, Pictures, Details, Videos, Brochures, Contact Information, Floor Plan, Map etc. provided on the website with regards to any Property, Project, Builder, Agent etc is purely for information purpose. Customers / Visitors are strictly advised not to make any booking based on the information on this website unless they get further, actual and hands on details like area, amenities, services, terms of sales and payments and other relevant terms from the actual Owner, Builder, Broker of the respective property or their authorized representatives. The Company and/or its directors, employees, associates are not liable for any consequences of any action taken by you against this disclaimer on basis of the information, images, brochure, video etc. available on the website. This disclaimer ("Disclaimer") is applicable only to the website.
14. INTELLECTUAL PROPERTY RIGHTS:
14.1 Propertyhubworld.com is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. This Website and the Content, all logos, brands, trademarks and service marks ("Marks") appearing in Website are the properties either owned or used under license by Propertyhubworld.com or its associates , All rights accruing from the same, statutory or otherwise, wholly vest with it and are protected by various international copyright, trademark, patent, trade dress or other intellectual property laws and treaties. Your rights to use the Website and the Content are expressly limited to those given to you in these Terms. You may not modify, copy, distribute, display, perform, reproduce, publish or create derivative works from the Content or any part thereof, except as expressly permitted by this Website. You may not remove any copyright, trademark or other proprietary notices from the Content. Any violation of the above would constitute an offence under the prevailing laws of India. In a case where a User/s are found to be using Website as a platform to infringe the Intellectual Property Rights of others, Propertyhubworld.com will be free to terminate the said User/s account forthwith without any notice to the user. By allowing Users to access Propertyhubworld.com grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
14.2 In a case where a User(s) are found to be using Propertyhubworld.com as a platform to infringe the Intellectual Property Rights of others, it will be free to terminate this Agreement forthwith without any notice to the user. Only those third parties who wish to use it's logos and images for editorial Purposes, and those third parties who obtained it's prior, written consent to use its logos and images for non-editorial purposes, are authorized to use it's logos and images ("Authorized Users").
14.3 If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may write to us at firstname.lastname@example.org to delete the relevant Content in good faith.
15. LIMITATION OF LIABILITY:
15.1.1 User agrees that neither Propertyhubworld.com nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages of any kind arising out of or relating to the use or the inability to use Propertyhubworld, its content or links, 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 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.
15.1.2 PHMPL 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 User's data/information. PHMPL 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 User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website. In above 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.
15.1.3 User further agrees that Propertyhubworld.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.
Propertyhubworld.com shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the its mobile application on your mobile phone.
15.2 No Liability:
15.2.1 Unless explicitly stated in any part of the Website, we are not involved in the actual transactions between buyers and sellers of any goods or services or any users posting any information/listings on the Website. We absolutely have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy or legitimacy of the listings, leads, postings or informations, the ability of sellers to sell items or the ability of buyers to buy items offered thorough the Website. We cannot control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have committed to buy. In addition, because of people acting under false pretence, we expect you to use extreme caution when using the Website. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the Website or as a result of any sale, purchase of goods and services with other users of the Website.
15.2.2 Propertyhubworld.com reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties and/or other goods and services posted on any part of the Website without prior notice.
Propertyhubworld.com reserves the right to publish property details with user consent that have been furnished by You. However, should there be a situation where user consent was not obtained, You would be required to contact it immediately. Discussing this on any public or social forum is prohibited and a legal penalty will be applicable if this is found. Any feedback regarding correction of details has to be communicated to Propertyhubworld.com immediately.
16.1 User will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon user Content, user site and/or User features or infringement of any copyright, trade secret or trademark of such third party or the User's use of the Services inconsistent with or in breach of the Agreement and second, the Company's use of any User Content complying the Agreement between Company and user.
16.2 The User shall take full control and sole authority over the defence and settlement of such claim with counsel of its choice at its own expense and promptly communicate to the Company by the User with all reasonable e information.
16.3 The User unilaterally agree to indemnify, defend and hold harmless, without objection, Property Hub Management Private Ltd. , its officers, directors, employees and agents from claims, actions, demands, liabilities, cost, expense, judgment and/or losses and/or damages incurred due to violation and breach of the terms and conditions contained in this Terms by User. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party ("User") of all damages and costs finally awarded.
17.1 Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing. Company, at its discretion , can waive the period of notice of 30 days or a shorter period of notice, accepted in writing from the User. However, the Company, without prior notice to the User and without assigning any reason/s, may terminate this Agreement with immediate effect or restrict your use or access to Propertyhubworld (or any part thereof), of user’s violation or acts inconsistent with the letter or spirit of these terms and conditions.
17.2 The Company could also terminate the contract with the user, if the user is engaged in fraudulent activity in connection with the use of our Services or it is not in the public interest to continue providing the Service to the User or/and, the User is declared a bankrupt.
17.3 If the Agreement is terminated, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination and shall be payable within 30 days of the relevant Date of Termination.
18. NOTICE OR COMMUNICATION:
18.1 All notices shall be in English or Hindi 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. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt of registered or certified mail, from overnight courier/posts.
18.3 All notices from the Company including notice of change to these Terms & Conditions or other matters related to Propertyhubworld.com will be done by displaying notices to Users on the website.
19. VIOLATION OF TERMS & CONDITIONS:
Propertyhubworld.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.
If the Propertyhubworld.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred or any offending material is found from its site, Propertyhubworld.com may pursue any of its legal remedies, and would be punishable by various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. Propertyhubworld.com could instantly cancel of your upon violation any of the Terms & Conditions. Propertyhubworld.com will thoroughly 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 that may be without notice to the User. If Propertyhubworld.com believes in its sole discretion that any advertisement or/and services may create liability for Propertyhubworld.com it may take any prudent or necessary actions to minimize or/and eliminate its potential liability, including but not limited to, the release of User information.
20. GOVERNING LAW:
The Service is operated by Us from our offices in India. By accessing the Website you agree that all applicable laws, statutes, ordinances and regulations prevailing in India shall be the governing laws in all matters relating to these Terms. You agree to comply with that apply to Your use of the Services and provision shall be governed by and construed in accordance with the laws of India,
21.1 Courts at Patna, Bihar India, India alone shall have the exclusive jurisdiction in all matters relating to Propertyhubworld and these terms and conditions, irrespective of the territory and jurisdiction of your access to Propertyhubworld.
21.2 PHMPL does not routinely monitor your postings to the web site but reserves every right to do so keep the Website working efficiently and in a safe manner. However, if PHMPL becomes aware of an inappropriate , offensive or violative use of Propertyhubworld or any of its Services along with infringement of any intellectual property rights, PHMPL will respond in any way that, in its sole discretion, PHMPL deems appropriate. You acknowledge that PHMPL will have the right to report to law enforcement authorities any actions or informations that may be considered illegal. When requested, PHMPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
PHMPL reserves all other rights including the right to take down any such posting, listing or information and or limit or terminate our Services and further take all reasonable technical and legal steps to prevent the misuse of the Website in keeping with the letter and spirit of these Terms.
21.3 The information provided in PHMPL Website collected from various publicly known sources viz, websites, documents and maps including PHMPL's proprietary data resources, and from the inputs of unidentified individuals. For us, no responsibility is accepted for the data accuracy of whole or any part. This information being absolute property of PHMPL , should not be reproduced in any form, in part or whole, without prior written permission of PHMPL.
21.4 In the event you encounter any problems with the use of our Website or Services you are requested to report the problem by sending an e-mail to email@example.com.