This website, www.goaproperty4u.com , (hereinafter referred to as ” (goaproperty4u.com)” is owned, hosted and operated by __________hereinafter referred to as Shah Housing Developments , also called “SHD” for sake of brevity , a proprietory firm having its office at First Floor, F-1, Shah Rukmini Niwas , Behind models residency, near Govt. Quarters , Morgad Wado, St. Inez , Panaji , Goa , India , 403001 .
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
• “Authorized user” or “You” means any person, whether an individual or a legal entity who has subscribed to the services of the goaproperty.com, and to whom the access is restricted by the use of a sign in user name and a password. The user name and password are either allotted by goaproperty.com as or chosen by the user or agreed upon by goaproperty.com. It is made abundantly clear that only the authorized user has the right to access the services so offered by goaproperty.com.
• For the purposes of this agreement, any person who does not have a legal or a contractual right to access the services, but does so, will fall within the definition of an ‘unauthorised user’ and will be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions. The terms ‘User’ and ‘customer’ would include both the authorised and unauthorised user(s). The user is one who accesses or avails 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.
• “Company”: Is defined as Shah Housing Developments an existing Proprietory Firm having its office at F-1, First floor, Shah Rukmini Niwas, behind Models Residency, near Govt. Quarters, Morgado Wado, St. Inez, Panaji, Goa.
• “Date of Commencement”: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in its notice to the user either through e-mail or conventional mail.
• “Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
• “My Subscriptions”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website goaproperty4u.com.
• “Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User’s name, telephone number, mailing address, account and email address.
• Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
• “Services”: Means the Services to be provided by the Company to the User of goaproperty4u and shall include the provision of following facilities:
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. Service to the Users who wishes to secure a property through goaproperty4u.com and its Internet links.
3. Service to the users who wishes to place a print advertisement in any of the group publications through the goaproperty.com site.
4. Service to the Users who wishes to insert advertisements at goaproperty4u.com.
5. Service to the Users who wishes to receive advertisements and promotional messages on goaproperty4u.com and through emails.
The terms ‘service’ or ‘services’ would mean to include the interactive online information service offered by goaproperty.com on the internet through which the user may access information carried by goaproperty.com in the database maintained by it. The terms would include to mean the search tools through which the user can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. Users then select one or more of the items presented to view the full document/ record. The term service does not extend to goaproperty.com acting as an agent either express or implied on behalf of any user/customer. The Service shall be deemed to have commenced on the Date of Commencement of service
Terms and Conditions
goaproperty.com and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING goaproperty.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 goaproperty.com. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( _____________.com )
SHD 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 goaproperty.com. You may review the modified Terms and Conditions periodically to be aware of such modifications and your continued access or use of goaproperty.com, shall be deemed conclusive proof of your acceptance of these Terms and Conditions, as amended/modified from time to time. SHD may also suspend the operation of goaproperty.com for support or technical upgradation, maintenance work, in order to update the content or for any other reason.
If you utilize goaproperty.com in a manner inconsistent with these Terms and Conditions, SHD 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.
SUBMISSION AND ADMINISTRATION OF LISTINGS
Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property’s data to goaproperty.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 goaproperty.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, SHD 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. SHD 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, SHD 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. SHD 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 goaproperty.com website. SHD shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on goaproperty.com and SHD 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 goaproperty.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;
SHD 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 goaproperty.com without notice. SHD accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the Customer. While SHD 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 goaproperty.com.
Customers, who are buying/renting property/properties through goaproperty.com, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Every Customer is responsible for maintaining the confidentiality of his password and account, and are fully responsible for any activities that occur under your password or account, with or without your knowledge. If you knowingly give your login and password information to another person, we may suspend or terminate your account, in addition to any other remedies available to us. You must immediately notify us if you become aware of any unauthorized use of your password or account or any other breach of security. We cannot be liable for any loss or damage arising from your failure to comply with this paragraph.
Any registration information you provide must be true, accurate, current and complete, except that you may provide a preferred nickname when prompted for your first name. Please note that this nickname or first name will be displayed on your profile page and with any messages, reviews, comments or listings that you send or post through the Network.
Please also note that we may, but are not obligated to, use the information you provide to verify that you are actually a resident of your Network’s building, and that we may forward this information to building management.
SHD does not store or keep credit card data in a location that is accessible via the Internet. Once a credit card transaction has been completed, all credit card data is moved off-line only to ensure that the data/credit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. SHD uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
SHD 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.
• The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the “My Subscriptions” page or as may be prescribed by the Company from time to time
• Liability for the Subscription Fees shall accrue from the Date of Commencement.
• All individual Users who access or make postings of information at goaproperty.com for the purpose of buying property shall be exempted from the application of this clause.
• Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
• The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest.
• Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
XII. Suspension of Service
• If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
• When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.
• Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
Refund in failed transactions
Though SHD payment reconciliation team works on a 24 x 7 basis, SHD offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of goaproperty4u.com.
If you utilize goaproperty4u.com in a manner inconsistent with these Terms and Conditions, SHD 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.
USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service (“Content”) as proprietary to goaproperty.com. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of goaproperty.com does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks (“Marks”) appearing in goaproperty.com are the properties either owned or used under license by SHD and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with SHD / its Associates. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
SHD respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. SHD shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a user/users are found to be using goaproperty.com as a platform to infringe the Intellectual Property Rights of others, SHD will be free to terminate this agreement forthwith without any notice to the user.
Copyright Policy and Designated Agent for Notification of Claims of Infringement.
SHD respects the intellectual property of others, and we ask our users to do the same. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication that contains substantially the following information:
1. Identify the copyrighted work or intellectual property that you claim has been infringed in sufficient detail so that we can locate the material. For example, “The copyrighted work is my content that appears at http://www.mycopyrightedcontent.com/this.”
2. Identify the URL on the Site that contains the material that you claim infringes your copyright. Again, you must provide us with reasonably sufficient information to let us locate the alleged infringing material.
3. Include your name, mailing address, telephone number and e-mail address.
4. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
5. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. Include a statement by you, made under the penalty of perjury, that the information contained in your Notice is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
You can e-mail us your Notification of Alleged Copyright Infringement.
You hereby expressly agree not to:
1. (a) Access data not intended for you or log into server or account that you are not authorized to access;
2. (b) Attempt to probe, scan or test the vulnerability of a system or network;
3. (c) Attempt or breach security or authentication measures without proper authorization;
4. (d) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to goaproperty.com, overloading, Flooding, mail bombing or crashing;
5. (e) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in goaproperty.com except as permitted;
6. (f) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on this Website to any other system. No reproduction of any part of the Website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Website, whether in hard copy or electronic format, including postings to any other Website; or
7. (g) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from goaproperty.com or link to goaproperty.com, without our express written consent.
8. (h) The user shall not utilize the services offered by goaproperty4u.com in any manner so as to impair the interests and functioning of SHD/ goaproperty.com. The user undertakes not to duplicate, download publish, modify and distribute material on gp4u unless specifically authorized by SHD in this regard. The user undertakes not to establish any deep link or other connection to any specific page of goaproperty.com other than the Home Page without obtaining prior consent of SHD. SHD strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
9. (i) users undertake that the services offered by goaproperty.com shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. SHD reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by SHD to relay emails. All attempts shall be made by SHD and the user to abide by International Best Practices in containing and eliminating Spam.
The User / subscriber / visitor to goaproperty.com or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing: any information that:
• Belongs to another person and to which the user does 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, defense, 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.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein; license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service (the “Content”) in any way;
• Modify or make derivative works based upon the Service or the Content;
(ix) create Internet “links” to the Site or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or
• Reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.
Violations of system or network security may result in civil or criminal liability.
1. The amount charged is against goaproperty4u.com servicing charges to facilitate your request to physically check out the project/s of your choice promoted on goaproperty4u.com
2. The cab service will be facilitated by goaproperty4u.com
3. Cab will take you only to the project/s agreed between you and our property expert at goaproperty4u.com
4. You will be provided a chauffeur driven AC cab at the choice of your time, date and pick up location to take you to the project of your choice promoted on goaproperty4u.com
5. All site visits have to be availed in a single day
6. Pick up time has to be between 9:00 AM and 4:30 PM
7. This service is being offered after your interest to physically explore (meet builder, check construction quality etc.) certain projects, being promoted on goaproperty4u.com, solely from an objective of purchase
8. You will have no obligation to purchase the property from the project you are visiting
9. Drop point will be same as pick up point.
10. Under no circumstance handling charges will be refunded
11. The Site Visit booked after paying the goaproperty4u.com Servicing is non-transferable
12. Site visit has to be availed within 30 days from the date of making payment
13. Site visit will be considered completed and Servicing Charges will be fortified if you cancel the trip within two hours from agreed pick up time
14. Cancellation or postponement of site visit will be entertained only 3 hours before actual pick up time
15. You can write to _____________.com or call at __________ph.no. within 9 am – 6 pm for cancellation or postponement of your scheduled site visit
16. You may directly call back our property expert or write to ________.com for feedback and complaints, if any
Third Party Offers:
As part of the Service, SHD may provide you with information regarding goods or services offered by various third parties (including without limitation paid advertisers or sponsors of the SHD Service, and independent brokers of apartment or condominium units). Similarly, your fellow Residents may offer goods or services via the Market place of your Network. In no event shall SHD or your building be liable for any damages arising out of any interaction between you and such parties.
LINKS TO THIRD PARTY WEB SITES
goaproperty4u.com may provide links to other third-party World Wide Web sites or resources. SHD makes no representations whatsoever about any other Web site you may access through this Website goaproperty4u.com
DISCLAIMER AND WARRANTIES
goaproperty4u.com is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF goaproperty4u.com IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
SHD AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF goaproperty.com.
Views expressed by the users are their own, SHD does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. SHD does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. SHD 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 SHD or any of its Affiliates. Further, nothing contained in this Website should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and SHD makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
This Website is controlled and operated from India and SHD makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use this Website from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
SHD offers products, services, content and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. SHD does not make any warranty or representation that a user in one region may also obtain the Services as provided in another region. Information on this Website may contain references to products, programs or services that are not announced or available in your country. Such references do not in any manner imply that SHD intends to announce, launch or provide such products, programs or services in your country.
LIMITATION OF LIABILITY
SHD 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.
SHD assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorised access to or alteration of Customer’s data/information. SHD 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.
SHD may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to goaproperty4u.com (or any part thereof) for any reason, including, without limitation, that SHD 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 goaproperty4u.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, SHD 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 goaproperty4u.com material or your breach of these Terms and Conditions.
Confidentiality & Security
• To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
• Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
• It is agreed by the User that he acquire s no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
• In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
• The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
• The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from goaproperty.com database without prior consent from the company in writing.
If any dispute arises between a user/users and SHD arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by SHD. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Goa. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
WAIVER & SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and SHD governs your use of goaproperty4u.com. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.
The failure of SHD to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to goaproperty4u.com as well as these Terms and Conditions.
Courts at Goa, India alone shall have the exclusive jurisdiction in all matters relating to goaproperty.com and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to goaproperty4u.com.
SHD does not routinely monitor your postings to the web site but reserves the right to do so. However, if SHD becomes aware of an inappropriate use of goaproperty.com or any of its Services, SHDM will respond in any way that, in its sole discretion, SHD deems appropriate. You acknowledge that SHD will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, SHD will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
SHD reserves all other rights.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to goaproperty4u.com and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Please report any violations of these Terms and Conditions to SHD at _____________.com.
If the goaproperty4u.com in its sole discretion, determines that a violation of the Terms & Conditions has occurred, goaproperty.com may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of your account and/or the exclusion of any person(s) who may have violated any Terms & Conditions. goaproperty4u.com could also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc of the land. goaproperty4u.com will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User. If goaproperty4u.com believes in its sole discretion that any advertisement or/and services may create liability for goaproperty.com, goaproperty.com may take any actions that it believes are prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of User information. In sum, goaproperty.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.
• The right to amend vary or change the terms and conditions contained herein and in the Services Guide at any time exclusively rests with the Company, upon notice (in such form as may be determined by the Company) to the User.
• This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at goaproperty4u.com.The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User’s continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.