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This website, www.speed4property.com, (hereinafter referred to
as "speed4property") is owned, hosted and operated by
Speed4India.com and having its registered
office at Jind (Haryana).
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DEFINITIONS |
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The term 'authorized user' would include any person, whether an
individual or a legal entity who has subscribed to the services
of speed4property, 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 speed4property or chosen by the user or agreed upon
by speed4property. It is made abundantly clear that only the
authorized
user has the right to access the services so offered by
speed4property.
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 'unauthorized 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
authorized and unauthorized user's
The terms 'service' or 'services' would mean to include the
interactive online information service offered by speed4property on the
internet through which the user may access information carried
by speed4property 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 speed4property acting as an agent either
express or implied on behalf of any user/customer
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TERMS
AND CONDITIONS
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speed4property 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
SPEED4PORERTY, 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 SPEED4PORERTY. IF YOU HAVE
ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (terms@speed4property.com)
Speed4property.com 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 speed4property. You may
review the modified Terms and Conditions periodically to be
aware of such modifications and your continued access or use of
speed4property, shall be deemed conclusive proof of your acceptance of
these Terms and Conditions, as amended/modified from time to
time. Speed4property.com may also suspend the operation of
speed4property for support
or technical up gradation, maintenance work, in order to update
the content or for any other reason.
If you utilize speed4property in a manner inconsistent with these Terms
and Conditions, Speed4property.com may terminate your access, block your
future access and/or seek such additional relief as the
circumstances of your misuse may be deemed to be fit and proper.
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SUBMISSION AND
ADMINISTRATION OF LISTINGS |
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Any customer agrees not to submit any property descriptions,
photographs, financial, contact or other information contained
in each Property's data to speed4property 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 speed4property. 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, Speed4property.com 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. Speed4property.com 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, Speed4property.com 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.
Speed4property.com 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 speed4property website.
Speed4property.com shall have the sole authority to choose the manner in which
any Property will be searched, displayed, accessed, downloaded,
copied, and otherwise used on speed4property and
Speed4property.com 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 speed4property 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;
Speed4property.com 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 speed4property
without notice. Speed4property.com accepts no responsibility for
checking/verifying the accuracy of reports or data files
submitted by the Customer. While Speed4property.com 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 speed4property.
Customers, who are buying/renting property/properties through
speed4property, must verify details the property/properties as well as
its right, title, ownership, lien etc. on their own.
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PAYMENT TERMS |
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Speed4property.com 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. Speed4property.com 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.
Speed4property.com shall not be liable for any loss or damage sustained by
reason of any disclosure (inadvertent or otherwise) of any
information concerning the user's account and / or information
relating to or regarding online transactions using credit cards
/ debit cards and / or their verification process and
particulars nor for any error, omission or inaccuracy with
respect to any information so disclosed and used whether or not
in pursuance of a legal process or otherwise.
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REFUND IN FAILED
TRANSACTIONS |
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Though Speed4property.com payment reconciliation team works on a 24 x 7 basis,
Speed4property.com 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 speed4property.
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USE OF INFORMATION |
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Customer agrees to treat all information obtained from the
Service, including listings, member directory, and any
information otherwise made available to Customer in the Service
("Content") as proprietary to speed4property. Customer agrees that
Content reserved for members will be maintained as confidential
and shall be protected as a trade secret of speed4property.
speed4property
does not ensure the accuracy of, endorse or recommend any
Content and Customer uses such Content at the Customer's own
risk. Customer may access the listings in the Service solely to
obtain initial information from which further evaluation and
investigation may commence. Customer shall limit access to and
use of listings to personal and internal use, and shall not use
listings obtained from the Service for further distribution,
publication, public display, or preparation of derivative works
or facilitate any of these activities in any way. Customer shall
not use or reproduce any Content that is obtained from the
Service, or that is otherwise made available to Customer in the
Service, for or in connection with any other listing service or
device. Customer further shall not use the Service provided by
the company in any other manner for or in connection with any
other listing service or device. Customers violating these
specific terms, specifically those customers searching the
Service in an abusive or excessive manner, by automated or
manual means, shall be subject to immediate termination of their
membership without notice.
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INTELLECTUAL
PROPERTY RIGHTS |
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All logos, brands, trade marks and service marks ("Marks")
appearing in speed4property are the properties either owned or used
under license by Speed4property.com and / or its associates. All rights
accruing from the same, statutory or otherwise, wholly vest with
Speed4property.com / 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.
Speed4property.com respects the Intellectual Property Rights of all, it has
and will continue to adhere to all the laws applicable in India
in this respect. Speed4property.com 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 speed4property as a platform to infringe the Intellectual
Property Rights of others, Speed4property.com will be free to terminate this
agreement forthwith without any notice to the user.
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RESTRICTIONS/
PROHIBITIONS
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You hereby expressly agree not to:
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(a) Access data not intended for you or log
into server or account that you are not authorized to access;
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(b) Attempt to probe, scan or test the
vulnerability of a system or network;
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(c) Attempt or breach security or
authentication measures without proper authorization;
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(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 speed4property, overloading, Flooding, mail
bombing or crashing;
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(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 speed4property except as permitted;
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(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
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(g) Remove any copyright, trade mark or other
intellectual property notices contained in the original material
from any material copied or printed off from speed4property or link to
speed4property, without our express written consent.
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(h) The user shall not
utilize the services
offered by speed4property in any manner so as to impair the interests
and functioning of speed4property. The user undertakes not to
duplicate, download publish, modify and distribute material on
speed4property.com unless specifically authorized by
Speed4property.com in
this regard. The user undertakes not to establish any deep link
or other connection to any specific page of speed4property other than
the Home Page without obtaining prior consent of
Speed4property.com
Speed4property.com 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.
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(i) users undertake that the services offered
by speed4property 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. Speed4property.com reserves the right to filter and monitor and block
the emails sent by you/user using the servers to maintained by
Speed4property.com to relay emails. All attempts shall be made by
Speed4property.com and the
user to abide by International Best Practices in containing and
eliminating Spam.
Violations of system or network security may result in civil or
criminal liability.
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LINKS TO THIRD
PARTY WEB SITES
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speed4property may provide links to other third-party World Wide Web
sites or resources. Speed4property.com makes no representations whatsoever
about any other Web site you may access through this Website
(speed4property).
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DISCLAIMER AND
WARRANTIES |
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THE CONTENT OF speed4property IS PROVIDED "AS IS" AND ON AN "AS
AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY
KIND, EITHER EXPRESS OR IMPLIED.
SPEED4PROPERTY.COM 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
SPEED4PROPERTY.COM.
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.
Speed4Property.com does not warrant that the access to Website will be
uninterrupted or error-free or that defects in Website will be
corrected.
No information contained herein shall constitute an invitation
or an offer to invest in Speed4Property.com 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
Speed4Property.com
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
Speed4Property.com
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.
Speed4Property.com 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. Speed4Property.com 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 Speed4Property.com intends to
announce, launch or provide such products, programs or services
in your country.
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LIMITATION OF
LIABILITY |
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Speed4Property.com 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.
Speed4Property.com assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or
transmission, communication line failure, theft or destruction
or unauthorized access to or alteration of Customer's
data/information. Speed4Property.com shall not be responsible for any problem
or technical malfunction on-line-systems, servers or providers,
computer equipment, software, failure of e-mail or players on
account of technical problem or traffic congestion on the
Internet or at any website or combination thereof, including
injury or damage to any customer and/or Members or to any other
person's computer related to or resulting from participating or
downloading materials/information from the website.
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TERMINATION |
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Speed4Property.com may, without notice in its sole discretion, and at any
time, terminate or restrict your use or access to speed4property (or
any part thereof) for any reason, including, without limitation,
that Speed4Property.com based on its judgment and perception believes you
have violated or acted inconsistently with the letter or spirit
of these Terms and Conditions.
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INDEMNIFICATION
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Submissions and unauthorized use of any
information's/materials
contained on speed4property 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,
Speed4Property.com 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 speed4property material or your
breach of these Terms and Conditions.
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PRIVACY POLICY
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The user of speed4property is subject to
Privacy Policy available through this link.
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ARBITRATION |
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If any dispute arises between a user/users and
Speed4Property.com 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 Speed4Property.com. Decision of the Arbitrator shall
be final and binding on both the parties to the dispute. The
place of arbitration shall be Jind. The Arbitration &
Conciliation Act, 1996, shall govern the arbitration
proceedings.
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SEVERABILITY OF
PROVISIONS
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THIS AGREEMENT between you and
Speed4Property.com governs your use of speed4property.
If any provision of these Website Terms and Conditions or part
thereof is inconsistent with or is held to be invalid/void by or
under any law, rule, order or regulation of any Government or by
the final adjudication of any court, such inconsistency or
invalidity shall not affect the enforceability of any other
provision of the Terms and Conditions.
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WAIVER
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The failure of Speed4Property.com to exercise or enforce any right or
provision of the Terms and Conditions of use shall not
constitute a waiver of its right to enforce such right or
provision subsequently.
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GOVERNING LAW |
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By accessing the Website you agree that the laws prevailing in
India shall be the governing laws in all matters relating to
speed4property as well as these Terms and Conditions.
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JURISDICTION |
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Courts at Jind, India alone shall have the exclusive
jurisdiction in all matters relating to speed4property and these Terms
and Conditions, irrespective of the territory and jurisdiction
of your access to speed4property.
Speed4Property.com does not routinely monitor your postings to the web site
but reserves the right to do so. However, if Speed4Property.com becomes aware
of an inappropriate use of speed4property or any of its Services,
Speed4Property.com
will respond in any way that, in its sole discretion,
Speed4Property.com deems
appropriate. You acknowledge that Speed4Property.com 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, Speed4Property.com will co-operate fully
with law enforcement agencies in any investigation of alleged
illegal activity on the Internet.
Speed4Property.com reserves all other rights.
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