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Star Realty Exchange was formally known as Home Zone.
This website, www.sbwrex.com, (hereinafter referred to as "sbwrex") is owned, hosted and operated by Star Surveyors Pvt. Ltd. (hereinafter referred to as SBW), a company incorporated in India under the Companies Act, 1956 and having its registered office at 1/926, IInd Floor, Naiwala, Karol Bagh, New Delhi - 110 005. |
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Definitions |
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The
term 'authorized user' would include any person, whether an individual or a
legal entity who has subscribed to the services of sbwrex, and to whom the
access is restricted by the use of a sign in user name and a password. The
user name and password are either allotted by sbwrex or chosen by the user
or agreed upon by sbwrex. It is made abundantly clear that only the
authorised user has the right to access the services so offered by sbwrex. |
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Terms and Conditions |
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sbwrex
and/or any other website(s) linked to this website is an online information
and communications service provided to you, subject to your compliance with
the terms and conditions set forth below. |
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SUBMISSION AND ADMINISTRATION OF LISTINGS |
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Any customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to sbwrex unless the Customer has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the Customer's website or on sbwrex. The customer shall disclose all material information in respect of all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The customer in addition shall furnish a brief background of such property in respect of title, ownership and possession, SBW may also require the customer to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The Customer may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. SBW may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, SBW may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information/data in violation of this Agreement. SBW will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or intentionally violates this Agreement. Additionally, the Customer agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Customer's website or the sbwrex website. SBW shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on sbwrex and SBW shall have the right to modify the property listing in the exercise of its rights under this Agreement. In addition to the terms aforementioned the customer agrees
SBW
reserves, in a manner consistent with reasonable commercial business
practices, the right to remove all or any part of the Properties posted on
the Customer's website or on sbwrex without notice. SBW accepts no
responsibility for checking/verifying the accuracy of reports or data files
submitted by the Customer. While SBW shall take all reasonable efforts for
data backup and business resumption, the Customer will be solely responsible
for retaining back-up copies of all information, photographs and other
materials furnished/submitted to sbwrex. |
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Payment Terms |
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SBW
does not store or keep credit card data in a location that is accessible via
the Internet. Once a credit card transaction has been completed, all credit
card data is moved off-line only to ensure that the data/credit card
information received is not accessible to anyone after completion of the
on-line transaction and to ensure the maximum security. SBW uses the maximum
care as is possible to ensure that all or any data / information in respect
of electronic transfer of money does not fall in the wrong hands. |
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Refund in failed transactions |
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Though SBW payment reconciliation team works on a 24 x 7 basis, SBW offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of sbwrex. |
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USE OF INFORMATION |
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Customer agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to Customer in the Service ("Content") as proprietary to sbwrex. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of sbwrex. sbwrex does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the listings in the Service solely to obtain initial information from which further evaluation and investigation may commence. Customer shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service provided by the company in any other manner for or in connection with any other listing service or device. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice. |
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INTELLECTUAL PROPERTY RIGHTS |
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All
logos, brands, trade marks and service marks ("Marks") appearing in sbwrex
are the properties either owned or used under license by SBW and / or its
associates. All rights accruing from the same, statutory or otherwise,
wholly vest with SBW / its Associates. The access to this Website does not
confer upon you any license or right to use in respect of these Marks and
therefore the use of these Marks in any form or manner, whatsoever is
strictly prohibited. Any violation of the above would constitute an offence
under the prevailing laws of India. |
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RESTRICTIONS/ PROHIBITIONS |
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You hereby expressly agree not to:
Violations of system or network security may result in civil or criminal liability. |
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LINKS TO THIRD PARTY WEB SITES |
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sbwrex may provide links to other third-party World Wide Web sites or resources. SBW makes no representations whatsoever about any other Web site you may access through this Website (sbwrex). |
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DISCLAIMER AND WARRANTIES |
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THE
CONTENT OF SBWREX IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS,
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED. |
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LIMITATION OF LIABILITY |
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SBW
will not be liable for any damages of any kind arising out of or relating to
the use or the inability to use this Website, its content or links,
including but not limited to damages caused by or related to errors,
omissions, interruptions, defects, delay in operation or transmission,
computer virus, line failure and all other direct, indirect, special,
incidental, punitive, loss of profit, exemplary or consequential damages
whether based on warranty, contract, tort or any other legal theory
including Force Majeure, and whether or not, such organizations or entities
were intimated or advised of the possibility of such damages. |
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TERMINATION |
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SBW may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to sbwrex (or any part thereof) for any reason, including, without limitation, that SBW based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. |
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INDEMNIFICATION |
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Submissions and unauthorized use of any information(s)/materials contained
on sbwrex may violate copyright laws, trademark laws, the laws of privacy
and publicity, certain communications statutes and regulations thereto and
other applicable laws, statutes and its rules and regulations. You alone are
responsible for your actions or the actions of any person using your user
name and/or password. |
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PRIVACY POLICY |
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The user of sbwrex is subject to Privacy Policy available through this link. |
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ARBITRATION |
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If any dispute arises between a user/users and SBW arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by SBW. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. |
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SEVERABILITY OF PROVISIONS |
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THIS AGREEMENT between you and SBW governs your use of sbwrex. If any provision of these Website Terms and Conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the Terms and Conditions. |
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WAIVER |
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The failure of SBW to exercise or enforce any right or provision of the Terms and Conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently. |
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GOVERNING LAW |
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By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to sbwrex as well as these Terms and Conditions. |
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JURISDICTION |
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Courts
at New Delhi, India alone shall have the exclusive jurisdiction in all
matters relating to sbwrex and these Terms and Conditions, irrespective of
the territory and jurisdiction of your access to sbwrex. |
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VIOLATIONS |
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Please report any violations of these Terms and Conditions to SBW at admin@sbwrex.com |
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SBW has taken all reasonable steps to ensure that information on this site is authentic. Users are advised to research bonafides of advertisers independently. SBW shall not have any responsibility in this regard. |
Visit us at:
StarRealtyExchange StarRealtyNews