The domain name CLICKHOME.in (hereinafter referred to as "Website") is owned by M/s CLICKHOME , a partnership Firm registered under the Indian Partnership Act, 1932 , having its registered address at 4/56-57, Kamal Mansion, 4th Floor, Haji N.A. Azmi Rd, Colaba, Mumbai 400005.
CLICKHOME does not endorse any views expressed by third parties on this Website nor any information posted on this Website by third parties, and shall not be held responsible for them. It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information provided through the Website. You are strongly advised to verify the authenticity of the information provided on this Website prior to relying and acting on the same.
A) YOUR ACCEPTANCE OF THIS AGREEMENT:
This is an agreement between you ("you" or "your") and M/s CLICKHOME , a Partnership Firm registered under the Indian Partnership Act, 1932 , having its registered address at 4/56-57, Kamal Mansion, 4th Floor, Haji
N.A. Azmi Rd, Colaba, Mumbai 400005
("CLICKHOME" "we," or "our") that governs your use of the services offered by CLICKHOME through its website www.clickhome.in ("Website"), telephone search, SMS, WAP or any other medium using which CLICKHOME may provide the search services .
Any use of this website would expressly mean that you irrevocably accept all the terms of this agreement. You understand that the decision to accept or to not accept, as the case may be, the terms and conditions contained herein is totally guided by your own free will. In the event, you are not comfortable in accepting the terms and conditions as contained herein, in such case, you are advised to not use or access this website in any manner. By accessing this website, you implicitly agree with the terms and conditions listed in this agreement.
If you have accessed the information on this website at any point in time, this means that you acknowledge that all the proprietary rights, statutory or otherwise, of the information received by you shall remain the exclusive property of CLICKHOME. Reproduction, redistribution or transmission of the information on this website is strictly prohibited and would constitute a breach of the terms and conditions laid down in this agreement.
B) MODIFICATION/ AMENDMENT :
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.
C) TERM OF USE:
With regards to the use and access to the contents and features of the website , user agree and undertake the following:
1) The user shall not submit any details, description, photographs, contact, financial or other information on the website of Click home unless and until the customer has all necessary rights, authority from the owner or is the owner of such property or has any right to do so.
2) The user shall disclose material information with respect to whether the property submitted on the website is free from encumbrances or not.
3) The user in addition, shall furnish a brief background of such property in respect of title, ownership and possession;
4) CLICKHOMEat its sole discretion but without any obligation to, rights of searching for such and removing properties that are alleged to have been submitted in violation of these provisions;
5) The Users agree to allow the property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by all the users of this website ;
6) The user agrees to represent and warrant that all properties and associated information provided by the user are accurate;
7) Customers, who are buying/renting property/properties throughCLICKHOME, must verify details of the property/properties as well as its right, title, ownership, lien etc. on their own;
8) User must verify and perform their due diligence before entering into any commercial/ business transactions. CLICKHOME is not liable or responsible for the genuineness , accuracy, legal title/ownership of the properties displayed on the website.
* CLICKHOMEdoes not determine or advice on any such terms and is not in any manner responsible or liable for the same.
* CLICKHOME being merely a facilitator in no circumstances shall be held liable for any transaction. CLICKHOMEdoes not in any manner represent or guarantee the bona fides of the Developer/ Seller/Purchaser.
D) INFORMATION COLLECTED :-
CLICKHOME does accept any payment for its services and therefore does not collect any credit card or debit card details or any mode of payment. Only the basic details as to contact details , name and property details are collected. CLICKHOME 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 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.
This Agreement will remain in full force and effect on your first use of the Site and/or on becoming the Member of CLICKHOME.in . CLICKHOME reserves the right to terminate your membership and service . You understand that CLICKHOME may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of CLICKHOME .If you are found to be suspected of being engaged in fraudulently using the services offered by the website, also in case you are found to have breached any of the terms and conditions as stated herein in this Agreement or such other reasons as deemed fit by CLICKHOME with or without assigning any reasons/evidence thereof.
F) LIMITATION OF LIABILITY:
In no event shall CLICKHOME be liable to any user on account of such user's use, misuse or reliance on the website websitefor any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in contract, intellectual property infringement, tort (including negligence) or other theory, even if CLICKHOME are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the website, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any website. CLICKHOME does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, or process disclosed on the website or other material accessible from the website.
The user of the website assumes all responsibility and risk for the use of this website and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.
G) THIRD PARTY SITES:
H) MONITORING OF MATERIALS TRANSMITTED BY YOU:
Changes may be periodically incorporated into the website. CLICKHOMEmay make improvements and/or changes in the services and/or programs described in these website and the Materials at any time without notice. CLICKHOME are under no obligation to monitor the material residing on or transmitted to the website . However, anyone using the website agrees that CLICKHOMEmay monitor the website contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the website properly or to protect itself and its users. CLICKHOMEreserves the right to modify, reject or eliminate any material residing on or transmitted to its website that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
I) DELETIONS FROM SERVICE:
CLICKHOME will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. CLICKHOME reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of CLICKHOME, may be, defamatory, infringing or violate of applicable law. CLICKHOME reserves the right to exclude Material from the website. Materials submitted to CLICKHOME for publication on the website may be edited for length, clarity and/or consistency with CLICKHOME's editorial standards.
J) TELEPHONE CONVERSATIONS.
All telephone conversations between you and us about your advertising may be recorded and you hereby consent to such monitoring and recordation.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from claims, actions, liabilities, losses, expenses, damages and costs (including, without limitation, actual attorneys' fees) that may at any time be incurred by us or them arising out of or in connection with these Terms or any Advertising services you request, including, without limitation, any claims, suits or proceedings for defamation or libel, violation of right of privacy or publicity, criminal investigations, infringement of intellectual property, false or deceptive advertising or sales practices and any virus, contaminating or destructive features, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
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 India. 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 CLICKHOME. CLICKHOME reserves the right to investigate complaints or reported violations of these Terms and to take any action CLICKHOME deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, CLICKHOME 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. CLICKHOME reserves the right to seek all remedies available at law and in equity for violations of these Terms.
All of our notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid, (b) if delivered by overnight courier, (c) if sent by facsimile transmission and such transmission is confirmed as received, or (d) if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice. All of your notices, demands and other communications must be in writing and will be deemed to have been given (a) if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: CLICKHOME, 4/56-57, Kamal Mansion, 4th Floor, Haji N.A. Azmi Rd, Colaba, Mumbai 400005
Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996. A) All proceedings shall be conducted in English language. B) Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties. C) The venue of Arbitration shall be in Mumbai, India.
O) CONFIDENTIAL INFORMATION
All confidential information (including name, e-mail address etc.) voluntarily revealed by you, is done at your sole discretion and risk . 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 CLICKHOME and the Company accepts no responsibility or liability whatsoever for such actions.
All copyright and/or know-how and/or any other related intellectual property rights to the Service or CLICKHOME shall become and remain the sole and exclusive property of the Company and the user shall have no claims to the same. In the event the user has contributed any content to CLICKHOME 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 user shall have no right or claim over the same, in any manner whatsoever. In the event that the user during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of the Click home and the CLICKHOME 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 User .
P) ENTIRE AGREEMENT
THIS AGREEMENT between you and CLICKHOME governs your use of CLICKHOME. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions.The failure of CLICKHOME to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to CLICKHOME as well as these Terms and Conditions.
Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters relating to CLICKHOME and these Terms and Conditions, irrespective of the territory and jurisdiction of your access to CLICKHOME.
*CLICKHOME does not routinely monitor your postings to the web site but reserves the right to do so. However, if CLICKHOME becomes aware of an inappropriate use of CLICKHOME or any of its Services, CLICKHOME will respond in any way that, in its sole discretion, CLICKHOME deems appropriate. You acknowledge that CLICKHOME 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, CLICKHOME will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
CLICKHOME reserves all other rights.