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1. ACCEPTANCE OF TERMS
Welcome to www.iproperty.com. Iproperty.com India,
Horizon InfoVentures Pvt Ltd("we" and "us", as the case may be) provides
the Services including the use of this website(as defined below) to
you, subject to the following Terms of Use, which may be updated by
us in our sole discretion from time to time with or without notice to
you. You are deemed to have been apprised of and bound by any changes
to the Terms of Use. You agree that your continued use of the Service
after such update will constitute your acceptance of and agreement to
be bound by the updated Terms of Use. [You can review the most current
version of the Terms of Use at any time at www.iproperty.com/policy/term.htm].
In addition, when using the Services or the website, you shall be subject
to any posted guidelines or rules applicable to such services, which
may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the Terms of Use. In most cases the guidelines
and rules are specific to a particular part of the Service and will
assist you in applying the Terms of Use to that part, but to the extent
of any inconsistency between the Terms of Use and any guideline or rule,
the Terms of Use will prevail.
2. DESCRIPTION OF SERVICE
We provide users with access and use of materials or
Contents on http://www.iproperty.com (the "Service") through our network
of properties which may be accessed through any various medium or device
now known or hereafter developed , including but not limited to the
World Wide Web. You also understand and agree that the Service may include
certain communications from us, such as service announcements, administrative
messages and newsletters. Unless explicitly stated otherwise, any new
features that augment or enhance the current Service shall be subject
to the Terms of Use. You understand and agree that the Service is provided
on an "AS-IS" basis and that we assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or
personalisation settings. You are responsible for obtaining access to
the Service, and that access may involve third-party fees (such as Internet
service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for
all equipment necessary to access the Service. Unless expressly stated
otherwise, no information presented in the Service or in connection
with any products and services forming part of the Service shall be
deemed as a binding offer by us or the relevant third party, but may
constitute an invitation for you to place an order. In respect of contracts
for our or any third party's products and services which are made available
as part of the Service, these shall be deemed concluded when we or the
relevant third party have accepted your order for the same or have provided
you with the product or service pursuant to your order.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of Singapore or other
applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself and (b) maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
we reserve the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
We may provide you with access to some parts of the Service without
you registering as a user.
4. PRIVACY
By giving or making available the Registration Data
and such other information about yourself to us, you agree and acknowledge
that we may use or release such information to third parties and that
you give consent to such use or disclosure. You further agree that providing
us with your Registration Data and/or using the Service, you expressly
request to receive and consent to receiving communications and materials
from us from time to time. You understand that through your use of the
Service you consent to the collection and use of this information, including
the transfer of this information to other countries for storage, processing
and use by us and our affiliates.
5. CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages, tags, links or
other materials ("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content originated.
This means that you are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service.
We bear no responsibility for the Content posted via the Service and,
as such, do not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed
to Content that may be construed or regarded as offensive, indecent,
fraudulent, objectionable, inaccurate, defamatory or erroneous. Under
no circumstances will we or our licensors, suppliers, vendors, parent,
holding, subsidiary or related companies, affiliates, officers, agents
or employees, as the case may be, be liable in any way for any Content,
including, but not limited to, any exposure to offensive, indecent,
fraudulent, defamatory or objectionable Content, any errors or omissions
in any Content, or any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service. You agree to not use the Service to:
(a) upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of another's
privacy, subversive, hateful, or racially, ethnically or otherwise objectionable
or contrary to public interest, public order or national harmony in
all relevant jurisdictions;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to,
our servant, agent, employee or official, forum leader, guide or host,
or falsely state or otherwise misrepresent your affiliation with a person
or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
(e) upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part
of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(g) upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas that are designated for such purpose;
(h) upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage
in real time exchanges;
(j) interfere with or disrupt the Service or another person's use of
the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected
to the Service;
(k) intentionally or unintentionally violate any applicable law,
statute, ordinance, regulation, rule or code, including, but not limited
to, any regulations, rules, notices, instructions or directives of any
regulatory body or authority, governmental agency or national or other
securities exchange ;
(l) "stalk" or otherwise harass another;
(m) commit any fraudulent or unlawful act, whether in relation to any
third party provider of products and services on the Service or otherwise
and/or
(n) collect or store personal data about other users in connection with
the prohibited conduct and activities set forth in paragraphs above.
(o) to cache, hyperlink to, and frame the whole or any part of any websites
comprised of in the Service save with our prior written permission.
We reserve all our rights to disable any links to any
other website in our sole absolute discretion. You acknowledge that
we may or may not pre-screen Content, but that we and our designees
shall have the right (but not the obligation) in their sole discretion
to pre-screen, refuse, move or remove any Content that is available
via the Service. Without limiting the foregoing, we and our designees
shall have the right to remove any Content (whether or not provided
by you) that we believe in good faith violates the Terms of Use or that
has been alleged to infringe any intellectual property or that is otherwise
objectionable in our sole opinion, without being liable to you in any
way for any loss or damage arising from such removal. You agree that
you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely
on any Content created by us or submitted to us, including without limitation
information in all parts of the Service. You acknowledge, consent and
agree that we may in our sole discretion access, preserve and disclose
your account information and Content if required to do so by law or
in a good faith belief that such access preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce
the Terms of Use; (c) respond to claims that any Content violates the
rights of third parties; (d) respond to your requests for customer service;
or (e) protect our rights, property or personal safety as well as those
of our users and the public. You understand that the technical processing
and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service
may include security components that permit digital materials to be
protected, and that use of these materials is subject to usage rules
set by us and our content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the country
in which you reside.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
We do not claim ownership of Content you submit or
make available for inclusion on the Service. However, with respect to
Content including such information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, links or other materials
you submit or make available for inclusion on the Service , you grant
us a worldwide, perpetual, irrevocable, sub-licensable, royalty-free,
transferable and non-exclusive license(s), to use, distribute, reproduce,
modify, adapt, publish, broadcast, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content
into other works in print and/or in any other format or medium now known
or later developed.
8. CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or
proposals ("Contributions") to us, you acknowledge and agree that: (a)
your Contributions do not contain confidential or proprietary information;
(b) we are not under any obligation of confidentiality, express or implied,
with respect to the Contributions; (c) we shall be entitled to use or
disclose (or choose not to use or disclose) such Contributions for any
purpose, in any way, in any media worldwide; (d) we may have something
similar to the Contributions already under consideration or in development;
(e) your Contributions automatically become our property without any
obligation on our part to you; and (f) you are not entitled to any compensation
or reimbursement of any kind from us under any circumstances.
9. INDEMNITY
You agree to indemnify and hold us and our parent,
holding, subsidiary, affiliated and related companies, officers, agents,
employees, partners, suppliers, vendors, co-branders, licensors harmless
from any claim or demand, including reasonable legal or attorneys' fees,
made by any third party due to or arising out of Content you submit,
post, transmit or otherwise make available through the Service, your
use of the Service, your connection to the Service, your violation of
the Terms of Use, or your violation of any rights of another or your
breach of any applicable law.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
trade, resell or exploit for any commercial purposes, any portion of
the Service, use of the Service, or access to the Service including
all Content such as photographs, advertisements, information, listings
and articles whether posted by others or by yourself.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may, in its sole discretion,
establish general practices and limits concerning use of the Service,
including without limitation the manner in which the Service is used,
the maximum number of days that email messages, message board postings
or other uploaded Content will be retained by the Service, the maximum
number of email messages that may be sent from or received by an account
on the Service, the maximum size of any email message that may be sent
from or received by an account on the Service, the maximum disk space
that will be allotted on our servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access
the Service in a given period of time. In particular, but without limiting
the foregoing, by using the Service, you hereby consent to our adoption
of the practices as set forth herein in relation to your use of the
Service. You agree that we have no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by or made available through
the Service. You acknowledge that we reserve the right to log off accounts
that are inactive for an extended period of time. You further acknowledge
that we reserve the right to modify these general practices and limits
from time to time , in our sole discretion, with or without notice,
and you agree that your continued use of the Service after such modification
will constitute your acceptance of and agreement to be bound by the
modified general practices and limits.
12. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that we shall not
be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
13. TERMINATION
You agree that we may, under certain circumstances
and without prior notice, immediately terminate your account, any associated
email address, and access to the Service. Cause for such termination
shall include, but not be limited to, (a) breaches or violations or
purported breaches or violations of the Terms of Use or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government
agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent
or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. Termination of your account includes
(a) removal of access to all offerings within the Service, (b) deletion
of your password and all related information, files and content associated
with or inside your account (or any part thereof), and (c) barring of
further use of the Service. Further, you agree that all terminations
for cause shall be made in our sole discretion and that we shall not
be liable to you or any third party for any termination of your account,
any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
The Service may also include access to products and
services of independent third parties either directly or via links to
sites operated by such third party advertisers. Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertisers,
You agree that we shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because we have has
no control over such sites and resources, you acknowledge and agree
that we are not responsible for the availability of such external sites
or resources, and do not endorse and are not responsible or liable for
any Content, advertising, products or other materials on or available
from such sites or resources. You further acknowledge and agree that
we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
16. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information
presented to you through the Service or by advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorised by us or our advertisers,
you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or in
part. We grant you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
reproduce, modify, create a derivative work from, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer
any right in the Service. You agree neither to modify the Software in
any manner or form, nor to use modified versions of the Software, including
(without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other
than through the interface that is provided by us for use in accessing
the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR
PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS, LICENSORS, SUPPLIERS AND VENDORS EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY
THE EXCLUSION OF WHICH IS NOT LAWFUL).
(b) WE AND OUR PARENT, HOLDING, SUBSIDIARY AND RELATED
COMPANIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS,
SUPPLIERS AND VENDORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THE SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT
ALL TIMES VIA THE CHANNEL SELECTED OR USED BY YOU, (iv) THE INFORMATION,
CONTENT OR ADVERTISEMENTS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED,
DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICE (THE "MATERIALS")
OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICE
WILL BE CORRECTED.
(c) ANY RELIANCE UPON OR USE OF ANY OF THE MATERIALS
SHALL BE AT YOUR OWN DISCRETION AND RISK. WE RESERVE THE RIGHT, IN OUR
SOLE DISCRETION AND WITHOUT ANY OBLIGATION, TO MAKE IMPROVEMENTS TO,
OR CORRECT ANY ERROR OR OMISSIONS IN, ANY PART OF THE SERVICE OR THE
MATERIALS. THE MATERIALS ARE PROVIDED OR MADE AVAILABLE BY US ON AN
"AS IS" BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS
OR THE PRODUCTS.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT,
HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS
OR EMPLOYEES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS OF USE (SAVE FOR ANY FRAUDULENT MISREPRESENTATION
BY US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY
OR RELATED COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE
MAY BE).
(f) A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC
SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A
COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY
OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE
AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR
PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR OUR LICENSORS,
SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY,
AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE, HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
SERVICE, THE MATERIALS AND THE PRODUCTS; (ii) THE USE OR THE INABILITY
TO USE THE SERVICE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; (vi) ANY GOODS OR SERVICES DISPOSED OF OR MESSAGES
SENT OR RECEIVED USING THE SERVICE; OR (vii) ANY OTHER MATTER RELATING
TO THE SERVICE, THE MATERIALS OR THE PRODUCTS. NOTHING IN THESE TERMS
OF USE SHALL LIMIT THE LIABILITY OF US OR OUR LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES, AFFILIATES,
OFFICERS, AGENTS OR EMPLOYEES, AS THE CASE MAY BE FOR DEATH OR PERSONAL
INJURY RESULTING FROM OUR OR THEIR NEGLIGENCE.
19. EXCLUSIONS AND LIMITATIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS
OF LIABILITY SET FORTH IN SECTIONS 18 AND 19 ABOVE REPRESENT A FAIR
AND REASONABLE ALLOCATION OF THE RISKS AND BENEFITS OF THE AGREEMENT
BETWEEN YOU AND US, TAKING ALL RELEVANT FACTORS INTO CONSIDERATION,
INCLUDING WITHOUT LIMITATION THE VALUE OF THE CONSIDERATION PROVIDED
BY YOU TO US AND THE AVAILABILITY AND COSTS OF INSURANCE WITH RESPECT
TO THE SAID RISKS. YOU FURTHER AGREE THAT THESE DISCLAIMERS AND LIMITATIONS
SHALL BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
20. FINANCIAL MATTERS
The Service is provided for informational purposes
only, and no Content included in the Service (such as any financial
or calculation tools) is intended for trading or investing purposes
nor shall it constitute any specific advice given to you. You agree
that you are solely and absolutely responsible for all sale or investment
decisions made by you. We and our licensors shall not be responsible
or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible
or liable for any trading or investment decisions based on such information.
21. THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided
in this Terms of Use, there shall be no third-party beneficiaries to
this agreement. You acknowledge that our licensors, suppliers, vendors,
parent, holding, subsidiary and related companies, all affiliates, and
our officers, agents and employees, are, where applicable, intended
to be third party beneficiaries of any of the Terms herein. You also
acknowledge that our co-branders and other partners are intended to
be third party beneficiaries of Section 11. You agree that our licensors,
suppliers, vendors, our parent, holding, subsidiary and related companies,
all affiliates, our officers, agents and employees, and our co-branders
and other partners may each enforce, severally and in its own right,
any of the Terms herein as applicable, and the Singapore Contracts (Rights
of Third Parties) Act (Cap. 53B) shall apply to the Terms of Use to
the extent and in the manner set out or envisaged in the foregoing but
to no further extent and in no other manner.
22. NOTICE
We may provide you with notices, including those regarding
changes to the Terms of Use, by email, regular mail or postings on the
Service. You agree that such notices by email or regular mail, and such
display of notices or links to notices to you generally on the Service,
will constitute sufficient and adequate notice to you of the matters
contained therein.
23. TRADEMARK INFORMATION
The iProperty logo, trademarks and service marks and
other logos and product and service names are our trademarks and/or
those of our licensors, suppliers, vendors, parent or holding company,
as the case may be (the Marks"). Without the prior written permission
of our licensor, supplier, vendor, parent or holding company or us,
as the case may be, you agree not to display or use in any manner the
Marks.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your advertisements or any
other materials has been copied, reproduced or otherwise dealt with
by another party in a manner that may constitute copyright infringement,
or if your intellectual property rights have been otherwise violated,
please provide our Copyright Agent with the following information:
1. a description of the copyrighted work or other intellectual
property that you claim has been infringed;
2. the nature of the authorisation or relationship
where it is alleged that a third party authorises the infringement by
another;
3. where the material that you claim is infringing
is located on the site;
4. your full name, address, telephone number, and email
address;
5. a statement by you that you have a good faith belief
that the disputed use is not authorised by the copyright or intellectual
property owner, its agent, or the law; AND
6. a statement by you, that the above information in
your notice is accurate and that you are the copyright or intellectual
property owner or authorised to act on the copyright or intellectual
property owner's behalf.
If you believe any of your advertisment or materials
that was removed (or to which access was disabled) is not infringing,
or that you have the authorisation from the copyright owner, the copyright
owner's agent, or pursuant to the law, to post and use the advertisement
or materials, you may send a counter-notice containing the following
information to the Copyright Agent:
1. your full name, address, telephone number, and email
address;
2. Identification of the material that has been removed
or to which access has been disabled and the location at which the content
appeared before it was removed or disabled;
3. A statement that you have a good faith belief that
the content was removed or disabled as a result of mistake or a misidentification
of the content; and
4. A statement that you consent to the jurisdiction
of the Singapore courts and a statement that you will accept service
of process from the person who provided notification of the alleged
infringement.
If a counter-notice is received by the Copyright
Agent, we may send a copy of the counter-notice to the original complainant
informing that we will replace the removed content or cease disabling
it in 10 business days unless an action is filed in court against you
the content provider. If no action is filed by the original complainant
in court, the removed content may be replaced, or access to it restored,
in 10 to 14 business days or more after receipt of the counter-notice.
25. GENERAL INFORMATION
Entire Agreement. The Terms of Use constitutes the
entire agreement between you and us and governs your use of the Service,
superseding any prior understandings, statements, representations and
agreements between you and us with respect to the Service. For the avoidance
of doubt, except to the extent provided in Section 22, you and we are
the only parties to the Terms of Use. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
our other services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum. The Terms of Use and
the relationship between you and us shall be governed by the laws of
Singapore without regard to its conflict of law provisions. Both you
and we agree to submit to the non-exclusive jurisdiction of the courts
of Singapore.
Waiver and Severability of Terms. The failure on our
part to exercise or enforce any right or provision of the Terms of Use
shall not constitute a waiver of such right or provision. If any provision
of the Terms of Use is found by a court of competent jurisdiction to
be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision,
and to construe such provision to the maximum extent permitted by law
so as to render that provision valid and enforceable, and the other
provisions of the Terms of Use remain in full force and effect.
No Right of Survivorship and Non-Transferability. You
agree that your account with us is non-transferable and any rights to
your ID or contents within your account shall terminate upon your death.
Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Service or the Terms of Use must be
filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section titles in the Terms of Use are for convenience
only and have no legal or contractual effect.
English version prevails. In the event that these Terms
of Use are translated into other languages and there is a discrepancy
between the two language versions, the English language version shall
prevail to the extent that such discrepancy is the result of an error
in translation.
26. VIOLATIONS
Please report any violations of the Terms of Use to:
legal@iproperty.com
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