Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
Agreement Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein.
Date of Commencement: Is the date indicating the acceptance of the application by the Client to the service. It shall be specified by the company in it s notice to the Client either through e-mail or conventional mail. 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.
Registration Data: Is the database of all the particulars and information supplied by the Client on initial application and subscription, including but without limiting to the Client' s name, telephone number, mailing address, account and email address.
My Subscriptions: Contains time to time information and description of the Services for the Client provided by the Company in writing or contained in the website Thanjaiproperty.com
Date of Termination: Is the date of expiry mentioned in the notice or/and the letter of termination.
Changes: We may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes.
Services: Service to the Client wishing to post their profile or listing for the purpose of sale/rental of their property, and for Client providing property services etc., and its Internet links. Service to the Client who wishes to receive advertisements and promotional messages on www.Thanjaiproperty.com and through emails.
Thanjaiproperty.com: Is defined as the Internet web site of the Company at Thanjavur.
Subscription Fees :
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 Client who access or make postings of information at Thanjaiproperty.com for the purpose of buying property shall be exempted from the application of this clause.
The Subscription Fees shall be paid by the Client on demand. In case the Client 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 Client?s favour, the Company shall refund to the Client any excess amount paid by the Client free of interest. Any delay in the payment by the Client 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 Client.
Thanjaiproperty.com shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the Client shall be at the applicable rates laid down in the cancellation and refund policy. For Premium listing packages, there shall be no cancellation or refund of orders booked / payments made via online payment options (except in the case of Cheque & Demand Draft). Cancellations requests for orders placed via cheque/demand draft can be made only before such payment is realized by Thanjaiproperty.com Obligations of Client/Subscriber (Client) The accuracy of the Registration Data given to Thanjaiproperty.com on initial application for the Service shall be the sole responsibility of the Client. The Client will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service. The Client shall be solely responsible for all information retrieved, stored and transmitted through the Service by him. Any licenses or other rights as may be required for using the Service shall be obtained by the Client at his own cost. Client is responsible for all applicable taxes and for all costs that are incurred in using the Thanjaiproperty.com service.
The Client shall keep confidential and not disclose to any person the Client?s password and Client identification and all activities and transmission performed by the Client through his Client identification. The Client shall immediately notify the Company of any un-authorized use of the Client?s account or any other breach of security known to the Client. The Client shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable. The Client shall be responsible for the set-up or configuration of his equipment for access to the Service. Thanjaiproperty.com in its sole discretion shall reserve the right to edit, modify and alter the content. Client agrees that the online advertisements placed with Thanjaiproperty.com shall be reflected after 48 hours. The Client further agrees to the stipulated 48 hours processing. The Client will indemnify Thanjaiproperty.com for any action or claim committed/made by any third party resulting from any information posted on the site by the Client or/and anybody else on his behalf. Thanjaiproperty.com do not accept any responsibility towards the data entered in our website. The Client who has entered the data is fully responsible for any wrong data entered and be liable for any and all action taken by third party (whether civil/criminal). Thanjaiproperty.com however shall Endeavour to use the best industry practice of weeding out all wrong data/ false data entered and undertakes to withdraw all such data within 24 hours of receipt of such complaint. All complaint should be addresses by email at firstname.lastname@example.org. "The Client agrees that any data entered into herein can and shall be saved, used and commercially exploited by Thanjaiproperty.com as deemed fit by them?. "Client? of the website agrees to indemnify and keep Thanjaiproperty.com indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him and not to any other third party?
Prohibited Actions :
Client is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service. The Client undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. Client also agrees not to make any unauthorized commercial use of the Service. The Client shall use the Service only for the purpose for which it is subscribed. The Client shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto. The Client shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any Client on Thanjaiproperty.com except such data and information which is posted by the particular Client himself. The Client shall not share the Service with any person without the prior written approval of the Company. The Client shall not use the Service for any unlawful purpose including without limitation criminal purposes. The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature. The Client shall be prohibited if they persistently send messages or make postings on Thanjaiproperty.com to any other Client or third party who access Thanjaiproperty.com without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person. The Client shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so. The Client shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or Client Data displayed in your listings. For the purpose of this Agreement, "Client Data" shall mean all information (if any) submitted by the Client to Thanjaiproperty.com with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable Client Data" shall mean that subset of "Client Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The Client Data shall be deemed to be the property of Thanjaiproperty.com. The Client shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way. Client agrees not to make use of anyone else's Information other than as necessary to complete any Thanjaiproperty.com transactions in which you are involved. The Client shall not violate, or attempt to violate the security of Thanjaiproperty.com and/or any web sites linked to Thanjaiproperty.com or gain un-authorized access any information regarded as private by other Client or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the Client is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication. The Client shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Thanjaiproperty.com network system. In the event that the Client breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations without prior notice to the Client. The Company shall issue a warning to the Client to discontinue any activity which leads to the said violations and in the event the Client continues with such prohibited activity, the Company reserves the unilateral right to suspend or/and deactivate the Client?s access to Thanjaiproperty.com the Service and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the Client to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the Client. The Client shall avail of the Thanjaiproperty.com or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorized use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libelous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The Client may use the information on our site only to the extent necessary to facilitate Thanjaiproperty.com related transactions. The Thanjaiproperty.com strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Thanjaiproperty.com service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited. Thanjaiproperty.com also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Thanjaiproperty.com systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.
Confidentiality & Security :
To protect the secrecy of his Client Identification and/or password the Client 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 Client identification is necessary to access the Service; the Client shall use only his own Client Identification. It is agreed by the Client that he acquire s no rights to any mailbox number or/and the Client identification or/and circuit reference or/and any codes assigned to him by the Company. The Client further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the Client at its sole discretion without being liable to the Client for any kind of damages or/and relief or/and any other consequence/s. In the event of theft or/and loss of Client identification or/and password or/and security word, the Client shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The Client 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 Clientname being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The Client shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of Clientname or/and password being provided by the Company to him. The Client shall not use any software to automatically download or/and extract either a complete or/and partial listing from Thanjaiproperty.com database without prior consent from Thanjaiproperty.com in writing.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the Client?s access to Thanjaiproperty.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 Client may suffer or incur, and no fees or/and charges payable by the Client to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing. It shall be on the discretion of the Company that the period of notice of 30 days may be waived or a shorter period of notice may be accepted in writing from the Client. However, the Company irrespective of any clause above may terminate this Agreement with immediate effect, without prior notice to the Client and without assigning any reason/s whatsoever (1) if in the opinion of the Company, the Client has breached any of the terms and conditions of this agreement or/and, (2) if, in the opinion of the Company or/and any regulatory authority, it i s not in the public interest to continue providing the Service to the Client for any reason or/and, (3) if the Client is declared a bankrupt or/and the Client enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights:
Liabilities upon Termination :
If the Agreement is terminated pursuant to clauses set out in XI above, without prejudice to any other remedies available to the Company, the Client shall be liable for Subscription Fees payable until the Date of Termination. The amounts due and payable to the Company by the Client upon termination shall be payable within 30 days of the relevant Date of Termination.
Suspension of Service :
If any monies payable by the Client 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 Client. 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 Client shall be liable for all the charges and fees incurred upto the date. Upon subsequent payment by the Client 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.
Violation of Terms & Conditions :
If Thanjaiproperty.com, in its sole discretion, determines that a violation of the Terms & Conditions has occurred, Thanjaiproperty.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. Thanjaiproperty.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. Thanjaiproperty.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 Client. If Thanjaiproperty.com believes in its sole discretion that any advertisement or/and services may create liability for Thanjaiproperty.com, Thanjaiproperty.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 Client information. In sum, Thanjaiproperty.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.
Disclaimer of Warranties: The Client shall agree that use of the service e is at the Client's sole risk. The service is provided on an "as is" or/and on an "as available" basis. Thanjaiproperty.com expressly disclaims 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. Thanjaiproperty.com makes no warranty that the service shall meet Client's requirements, that the service shall be uninterrupted or/and timely or/and secure or/and error free; nor does Thanjaiproperty.com make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained from the service. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing. There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the Services or Thanjaiproperty.com.
Thanjaiproperty.com will not be liable for any time difference arising between a message released through a gateway/ server ( provided to Thanjaiproperty.com ) and such message finally reaching the End Client from the concerned service provider. The Company shall not be liable for any disclosure of information concerning the Client?s account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition The Company shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently. In case the there is any loss of information, caused due to any reason, weather as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Further the Company is not responsible for the accuracy, quality and/or contents of any information available, received and/or transmitted through this Service. All information are accepted in good faith and Thanjaiproperty.com accept no responsibility whatsoever regarding the bonafide of the Client, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.
The Client shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the Client and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the Client.
The Company does not warrant that Thanjaiproperty.com or any of the web sites linked to Thanjaiproperty.com be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.
It is not the Company?s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that that may be inserted or/and made available or transmitted to a third party in or through Thanjaiproperty.com and the Client acknowledges the same. The Client acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information or/and content of any data and/or information or/and posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party?s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or Thanjaiproperty.com and/or the internet. Thanjaiproperty.com is not involved in any transaction between any parties who are using our website. There are risks, which the Client assumes when dealing with people who might be acting under false pretences and the same shall be borne by the Client. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Client, nor does Thanjaiproperty.com screen or/and censor or/and otherwise control the Client of its service. Thanjaiproperty.com cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Client of Thanjaiproperty.com will complete the transactions they describe on our site. It is extremely important that the Client takes care throughout his dealings with other people on this site. Thanjaiproperty.com doe s not accept or/and assume responsibility for the content or/and context of the Client comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.
If there is any dispute between the Client/participants on this site, it is agreed upon by the Client/participants that Thanjaiproperty.com has no obligation whatsoever to be involved in any such dispute/s. In the event that the Client has a dispute with one or more Client/s or/and participant/s, the Client hereby undertake s not to make any claims or/and demands or/and damages (actual or/and consequential) of every kind or/and nature or/and known or/and unknown or/and suspected or/and unsuspected or/and disclosed or/and undisclosed, arising out of or/and in any way related to such disputes and/or our service against the Thanjaiproperty.com or/and their officers or/and employees or/and agents or/and successors.
The Client understands and agrees that any information or/and material and/or goods or/and services obtained through this website is done at Client's own discretion and risk and that Client shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction.
No advice or or/any information, whether oral or/and written, obtained by the Client from Thanjaiproperty.com or/and through or/and from the service shall create any warranty not expressly stated herein.
In case a visitor to the website is desirous of conducting a site visit of the property he/she is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such site visits. The Company/Thanjaiproperty.com shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfillment by the Advertiser in this regard.
The website?s total liability under this Agreement in any circumstance shall be limited to the total amount of fees or/and charges paid by the Client to the Company?s website or the period immediately preceding two (2) months prior to the incident giving rise to the relevant claim. This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom The Platinum Listing is listed for a period of two weeks only from the day the Order is activated. Thanjaiproperty.com shall not be liable for any delay arising from the Client?s end in conversion of their property listing to Platinum Listing, resulting in the Platinum Ad listing not being showcased for the complete period of two weeks. This package cannot be transferred, adjusted or reimbursed.
Limitation of Liability :
Client agrees that neither Thanjaiproperty.com nor any of its providers of information shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of Client's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Thanjaiproperty.com has been advised of the possibility of such damages. Client further agrees that Thanjaiproperty.com shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. Client agrees that Thanjaiproperty.com shall not be responsible or liable to Client, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Thanjaiproperty.com 's total liability to the Client for all damages or/and losses or/and causes of action exceed the amount paid by the Client to Thanjaiproperty.com, if any, that is related to the cause of action.
The Company takes no responsibility/liability whatsoever for shortage or non fulfillment of the service/s on Thanjaiproperty.com or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the Client hereby undertakes that in such situation/s, the Client shall not claim any right/damages/ relief, etc against the Company for "Deficiency of service? under The Consumer Protection Act or any other Act/Rules, etc. Thanjaiproperty.com shall not be liable for any and all costs, charges, expenses, etc incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the Client personally.
Thanjaiproperty.com shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the Thanjaiproperty.com mobile application on your mobile phone.
Use of Information / Data Supplied :
The Client hereby agrees and irrevocably authorizes that the Company has the right to :
Use for the company?s own purpose, any data or/and information supplied by the Client in connection with this Agreement, and/or pass on such information to any other associated companies or selected third parties Retain all data or/and information supplied by the Client while using the Service to remain at Thanjaiproperty.com for the exclusive use of the Company in accordance with service agreement with the Client, notwithstanding any termination of the Agreement or suspension of the Service to the Client herein. Anything contrary to the above, unless specifically put down in writing, following the termination or suspension of the Service to the Client, all such data and information shall remain in the Company?s property, records and databases as the exclusive property of the Company, for all times to come. "By entering mobile number while registering on Thanjaiproperty.com, Client gives consent to Thanjaiproperty.com to send alerts, contact and promotional SMS to Client registered mobile number. In case Client does not want to receive these messages on his/her mobile number, he can remove his/her mobile number from his Client details from Thanjaiproperty.com.?
For the purpose of this Agreement and attachments thereto and all renewals, " Confidential Information ? means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Project or to a party (the " Disclosing Party ? herein the Company ) or any other members of the Disclosing Party?s group of companies ( including, without limitation, as to products and services, assets, customers, date and database, suppliers or employees), which may be supplied to or may otherwise com e into the possession of the other (the " Receiving Party ?, herein the Client ), whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or by any of its Associates to be confidential, and not generally available to the public. The Receiving Party shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Receiving Party?s Associates, if required and upon prior permission in writing from the Disclosing Party. The Receiving Party agrees to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure e is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each of its employees/associates having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.
Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by the Client without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body. All information and data submitted by the Client shall become the property of the Company. However all such information shall be kept strictly confidential and the Company shall not, subject to "Violation of Terms & Conditions? clause, release any such data and information to any third party without the prior consent of the Client. On request of the Disclosing Party made at any time, including at the time of termination of this Agreement, the Receiving Party shall deliver back to the Disclosing Party all original documents, records, data and other material in the possession, custody or control of the Receiving Party that bear or incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever The Client has access to only his own data and information stored in the database at Thanjaiproperty.com (subject to prior confirmation of identity) and nothing more. The Client may edit or amend such data and information from time to time.
All copyright and/or know-how and/or any other related intellectual property rights to the Service or Thanjaiproperty.com shall become and remain the sole and exclusive property of the Company and the Client shall have no claims to the same. In the event the Client has contributed any content to Thanjaiproperty.com in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of the Company, including all intellectual property rights and the Client shall have no right or claim over the same, in any manner whatsoever. In the event that the Client during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Company and the Company shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the Client.All confidential information (including name, e-mail address etc.) voluntarily revealed by the Client in chat and bulletin board areas, is done at the sole discretion and risk of the Client. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Thanjaiproperty.com and the company accepts no responsibility or liability whatsoever for such actions.
Client will defend, or at its option and settle any third party lawsuit or proceeding brought against the Company based upon or otherwise any claim arising from the fact that the Client Content, Site and/or Client features infringe any copyright, trade secret or trademark of such third party and second, the Company?s use of any Client Content, provided that such use complies with the requirements of the Agreement and third, the Client?s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or fourth, any claim alleging facts that would constitute a breach of Client?s representations and warranties mad e in this Agreement. Any such claim/proceeding if made directly on the Client shall promptly be communicated to the Company by the Client with all reasonable e information, assistance and cooperation in defending the lawsuit or proceeding. The Client shall give the Company full control and sole authority over the defense and settlement of such claim. The Client may join in defense with counsel of its choice at its own expense subject to the approval of the company. The Client unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of Thanjaiproperty.com or their breach of the terms of this Agreement. Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the e indemnifying party ("Client?) of all damages and costs finally awarded for such claim, or settlement costs approved in writing by the Company.
The right to amend varies or changes 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 Client. This Agreement will be periodically undated and the Terms and Conditions changed from time to time and the changed or updated Agreement posted at Thanjaiproperty.com. The Client should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the Client's continued use of the Service constitutes an affirmation and acknowledgement of the amended terms and conditions.
All notices shall be in English and in writing and (a) if sent to the Client to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of The Company?s Finance department, all legal notices shall be sent to the attention of the Company?s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company. Notice shall be deemed given upon receipt when delivered personally and upon received acknowledgment / written verification of receipt from overnight courier and finally upon verification of receipt of registered or certified mail All notices from the Company including notice of change to these Terms & Conditions or other matters related to Thanjaiproperty.com will be done by displaying notices to Client on the Service.
Discontinuation or Modification to Services :
There shall be no liability on behalf of the Company to the Client or any third party in case the Company exercises its unilateral right to modify or discontinue the Service. The Company reserves the unilateral right to add to /and/or change and/or delete and/or end the Service at anytime with or without notice to the Client. Except for paid service, a pro-rated refund shall be effected for the remaining unused period.
The failure of Thanjaiproperty.com to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to b e invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms & Conditions shall remain in full force and effect.
Non-exclusive Remedy :
Termination or expiration of this Agreement, in part or in whole, shall not limit either party from pursuing other remedies available to it, nor shall either party be relieved of its obligation to pay all fees that are due and owing under this Agreement through the effective date of termination. Neither party shall be liable to the other for any damages resulting solely from termination as permitted herein.
Entire Agreement :
This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements, documents and or communications regarding such subject matter. This Agreement may only be modified, or/and any rights under it waived, by a written document executed by the Company only. The right to change vary or amend, however exclusively rests with the Company.
Governing Law and Jurisdiction :
The Client agrees 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 & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred. It is clarified that there is no agency or/and partnership or/and joint venture or/and employee-employer or/and franchiser-franchisee relationship between Thanjaiproperty.com and any Client of the Service. All information of whatsoever nature received from the Client is in good faith and is bonafide. The information is believed to be true/ correct and complies with the laws of the land.
Thanjaiproperty.com respects the privacy of its Client and is committed to its protection Thanjaiproperty.com through its various advertising campaigns collects information about the Client. This information is voluntarily provided by the Client and is collected in the database of Thanjaiproperty.com. The information so collected in the database through these campaigns refers to the property details, email address and names of the Client. Thanjaiproperty.com uses third-party advertising companies to display/serve their ads on various other internet sites for reaching out to its prospective Client/buyers/sellers. The data collected is for the exclusive use of Thanjaiproperty.com and Thanjaiproperty.com reserves its right to allow access to its client for the purposes of purchase and disposing of properties only, and any unauthorized use or sharing of information by any third party shall invite appropriate legal action by Thanjaiproperty.com against the erring party, including indemnification for third party claims for damages.
Acknowledgment and Acceptance of Terms and Conditions :
These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Thanjavur Only. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Thanjaiproperty.com and reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Thanjaiproperty.com the right to seek all remedies available at law and in equity for violations of these Termss you need and suggesting us through your honest feedback which make us to stand up for you at all the times.