I. Defined Terms:
“Agreement” Shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. These terms of use (Terms) constitute a legally binding agreement between you and property.easterneye.eu regarding your use of the web site i.e. property.easterneye.eu (the “Site”) and any services offered by the company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the “the Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
“User” or “You” means any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site of the Company.
“Date of Commencement”: Is the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in it s notice to the user either through e-mail or conventional mail.
“Date of Termination”: Is the date of expiry mentioned in the notice or/and the letter of termination.
“My Subscriptions”: Contains time to time information and description of the Services for the User provided by the Company in writing or contained in the website property.easterneye.eu
“Registration Data”: Is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User’ s name, telephone number, mailing address, account and email address.
Words referring to masculine include the feminine and the singular include the plural and vice versa as the context admits or requires; and Words importing persons includes individuals, bodies corporate and unincorporated.
“Services”: Means the Services to be provided by the Company to the User of property.easterneye.eu and shall include the provision of following facilities:
Service to the Users wishing to post their profile or listing for the purpose of sale/rental of their property, and for users providing property services etc..
Service to the Users who wishes to secure a property through property.easterneye.eu and its Internet links.Service to the users who wishes to place a print advertisement in any of the group publications through the www.property.easterneye.eu site.
Service to the Users who wishes to insert advertisements at property.easterneye.eu.
Service to the Users who wishes to receive advertisements and promotional messages on www.property.easterneye.eu and through emails.
“property.easterneye.eu ”: Is defined as the Internet web site of the Company at property.easterneye.eu
”User”: Is defined as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees.
II. Commencement of Service
The Service shall be deemed to have commenced on the Date of Commencement of service.
III. 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 Users who access or make postings of information at property.easterneye.eu for the purpose of buying property shall be exempted from the application of this clause.
IV. Payment & Refund clause
For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis, considering the usages of the services. Customer agrees that the refund process would take at least 21 days after the complete documentation has been received by the Finance team for processing such refund.
Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest.
Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
V. Charge Back Policy
Payment for the services offered shall be on 100% advance basis.
Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
Refund if any will be at the sole discretion of property.easterneye.eu only.
User acknowledges and agrees that property.easterneye.eu at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to property.easterneye.eu under any other agreement or commercial relationship towards other products/services.
property.easterneye.eu offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
VI. Cancellation
Company 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 User shall be at the applicable rates laid down in the cancellation and refund policy.
For Platinum 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 property.easterneye.eu
VII. Obligations of User/Subscriber
The accuracy of the Registration Data given to the Company on initial application for the Service shall be the sole responsibility of the User.
The user agrees that any data entered into herein will be subject to mandatory verification process by property.easterneye.eu.
Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
The User understands and agrees that User is responsible for all applicable taxes and for all costs that are incurred in using the property.easterneye.eu service.
The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
The User shall keep confidential and not disclose to any person the User’s password and user identification and all activities and transmission performed by the User through his user identification.
The User shall immediately notify the Company of any un-authorized use of the User’s account or any other breach of security known to the User.
The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
The User shall be responsible for the set-up or configuration of his equipment for access to the Service.
property.easterneye.eu in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with property.easterneye.eu shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
The User will indemnify property.easterneye.eu for any action or claim committed/made by any third party resulting from any information posted on the site by the user or/and anybody else on his behalf.
“property easterneye do not accept any responsibility towards the data entered in our website. The user 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). property.easterneye.eu 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 [email protected] or intimated by phone at +44 20 7928 1234”
“The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by property.easterneye.eu as deemed fit by them”.
“User of the website agrees to indemnify and keep property.easterneye.eu 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”
VIII. Prohibited Actions
User is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service
The User undertakes not to resell or assign his/her rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorized commercial use of the Service.
The User shall use the Service only for the purpose for which it is subscribed.
The User 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 User shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on property.easterneye.eu except such data and information which is posted by the particular User himself.
The User shall not share the Service with any person without the prior written approval of the Company.
The User 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 User shall be prohibited if they persistently send messages or make postings on property.easterneye.eu to any other User or third party who access property.easterneye.eu 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 User 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 User 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 User Data displayed in your listings. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by the User to property.easterneye.eu with the exception of trading data, credit card numbers, checking account numbers, etc. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of property.easterneye.eu. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.
User agrees not to make use of anyone else’s Information other than as necessary to complete any transactions in which you are involved.
The User shall not violate, or attempt to violate the security of property.easterneye.eu and/or any web sites linked to property.easterneye.eu or gain un-authorized access any information regarded as private by other Users or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User 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 User 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 property.easterneye.eu network system.
In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User’s access to property.easterneye.eu the Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.
The Users shall avail the Service on property.easterneye.eu 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 libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.
Company strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the property.easterneye.eu site. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.
Company also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through property.easterneye.eu site, 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.
You agree that You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that –
Belongs to another person and to which you do not have any right to;
Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
Harm minors in any way;
Infringes any patent, trademark, copyright or other proprietary rights;
Violates any law for the time being in force;
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
Impersonate another person
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
Any Content and/ or comment/information uploaded by User/You on the Site which is non-compliant with The Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, user agreement and privacy policy, as amended/re-enacted from time to time, for access or usage of Company’s Services/Site/computer resource, the Company has the right to immediately terminate the access or usage rights of the User to the said Services and Site and remove/disable all information including the non-compliant information. Furthermore, the Company shall have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
IX. Confidentiality & Security
To protect the secrecy of his user Identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
Since a user identification is necessary to access the Service; the User shall use only his own user Identification.
It is agreed by the User that he acquire s no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
In the event of theft or/and loss of user identification or/and password or/and security word, the User shall notify the Company immediately by telephone or/and personally concurrently provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
The user shall not use any software to automatically download or/and extract either a complete or/and partial listing from property.easterneye.eu database without prior consent from Propertyeasterneye in writing.
X. Maintenance
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User’s access to property.easterneye.eu and/or the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
XI. Termination
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 User.
However, the Company irrespective of clause 1 and 2 above may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever
(a) if in the opinion of the Company, the User has breached any of the terms and conditions of this agreement or/and,
(b) 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 User for any reason or/and,
(c) if the User is declared a bankrupt or/and the User enters into any compromise or arrangement with its creditors and further without any prejudice to any/all other rights:
XII. 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 User shall be liable for Subscription Fees payable until the Date of Termination.
The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of the relevant Date of Termination.
XIII. Suspension of Service
If any monies payable by the User to the Company are not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it suspend the Service provided to the User.
When the Service subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by the Company and the User shall be liable for all the charges and fees incurred upto the date.
Upon subsequent payment by the User of such monies as demanded by the Company, the Company may at its discretion and subject to such terms as it deems proper, reconnect the Service.
[email protected]
property.easterneye.eu
Asian Media & Marketing Group
1 Silex St, London SE1 0DW, UK
Phone +44 207 654 7728
We request you to please provide the following information in your complaint:-
(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
