Mapofi – Terms and Conditions
Please read these terms and conditions of use carefully efore
using this site.
By accessing and using this Web site at www.Mapofi.com, you
explicitly agree to comply with and be bound by the following terms and
conditions, which Mapofi may change at any time. Mapofi may also suspend the
operation of Mapofi for support or technical upgradation, maintenance work, in
order to update the content or for any other reason. If you have any questions
about these terms, please contact support@mapofi.com
Services
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The Services include the Mapofi website. Nothing contained in
any of the Services is an offer or promise to sell a specific product for a
specific price or that any advertiser will sell any product or service for any
purpose or price or on any specific terms. Mapofi does not guarantee the price,
terms, product, availability and/or services offered by any advertiser. For all
of the Services, Mapofi is not involved in any transactions between you and any
of its advertisers, and is not responsible for, and does not guarantee the price
or performance of any goods, services or information provided by advertisers. If
you have a dispute with one or more advertisers, you release Mapofi from any
claims, demands and damages (actual and consequential) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
Modification of Mapofi Services
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Mapofi reserves the right to modify or discontinue the
Services or a portion or attribute thereof, or the offering of any information,
good, content, product or service with or without notice. Mapofi shall not be
liable to you or any third party should Mapofi exercise its right to modify or
discontinue the Services or part of it.
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 Mapofi unless the customer has acquired, received all
necessary rights and authorizations from the owner of such property, including
from the photographer and/or copyright owner of any photographs, to publish and
advertise the said property(s) on Mapofi. 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. Mapofi 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, Mapofi 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.
Mapofi 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 Mapofi website.
Mapofi shall have the sole authority to choose the manner in which any property
will be searched, displayed, accessed, downloaded, copied, and otherwise used on
Mapofi and Mapofi 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 to represent and warrant that all Properties
and associated information provided by the customer will be accurate.
Mapofi 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 Mapofi without notice. Mapofi
accepts no responsibility for checking/verifying the accuracy of reports or data
files submitted by the customer. While Mapofi 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 Mapofi.
Customers, who are buying/renting property/properties through
Mapofi, must verify details the property/properties as well as its right, title,
ownership, lien etc. on their own.
Use of Information
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Customer agrees to treat all information obtained from our
service, including listings, member directory, and any information otherwise
made available to customer as proprietary to Mapofi. Customer agrees that
content reserved for members will be maintained as confidential and shall be
protected as a trade secret of Mapofi. Mapofi 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 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.
Intellectual Property Rights
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All logos, brands, trademarks and service marks appearing in
Mapofi are the properties either owned or used under license by Mapofi. All
rights accruing from the same, statutory or otherwise, wholly vest with Mapofi.
The access to the website does not confer upon you any license or right to use
in respect of these brands or trademarks and therefore their use in any form or
manner, whatsoever is strictly prohibited. Any violation of the above would
constitute an offence under the prevailing laws of India.
Disclaimer and Warranties
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THE CONTENT OF MAPOFI IS PROVIDED "AS IS" AND ON AN "AS
VAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED.
MAPOFI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS
OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS
REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF MAPOFI.
It is solely your responsibility to evaluate the accuracy,
completeness and usefulness of all opinions, advice, services, merchandise and
other information provided through the website. Mapofi does not warrant that the
access to website will be uninterrupted or error-free or that defects in website
will be corrected.
Nothing contained in this website should be construed as a
recommendation to use any product, process, equipment or formulation, in
conflict with any patent, or otherwise.
Limitation of Liability
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Mapofi 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, and whether or not, such
organizations or entities were intimated or advised of the possibility of such
damages.
Mapofi assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communication line failure, theft or destruction or unauthorized access to or
alteration of customer’s data/information. Mapofi shall not be responsible for
any problem or technical malfunction on-line-systems, servers or providers,
computer equipment, software, failure of e-mail or players on account of
technical problem or traffic congestion on the Internet or at any website or
combination thereof, including injury or damage to any customer and/or members
or to any other person’s computer related to or resulting from participating or
downloading materials/information from the website.
Termination
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Mapofi may, without notice in its sole discretion, and at any
time, terminate or restrict your use or access to Mapofi (or any part thereof)
for any reason, including, without limitation, that MAPOFI based on its
judgement and perception believes you have violated or acted inconsistently with
the letter or spirit of these Terms and Conditions.
Indemnification
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Submissions and unauthorized use of any information(s)/materials
contained on Mapofi 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.
You agree to defend, indemnify, and hold harmless, Mapofi
and/or its associates, subsidiaries, their officers, directors, employees,
affiliates, licensees, business partners and agents, from and against any
claims, actions or demands, including without limitation reasonable legal and
accounting fees, alleging or resulting from your use of Mapofi material or your
breach of these Terms and Conditions.
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 Mapofi as well
as these Terms and Conditions.
Arbitration
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If any dispute arises between a user/users and Mapofi 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 Mapofi. 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.
Jurisdiction
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Courts in India alone shall have the exclusive jurisdiction
in all matters relating to Mapofi and these Terms and Conditions, irrespective
of the territory and jurisdiction of your access to Mapofi.
Mapofi does not routinely monitor your postings to the web
site but reserves the right to do so. However, if Mapofi becomes aware of an
inappropriate use of Mapofi or any of its Services, Mapofi will respond in any
way that, in its sole discretion, Mapofi deems appropriate. You acknowledge that
Mapofi 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, Mapofi will co-operate fully with law
enforcement agencies in any investigation of alleged illegal activity on the
Internet.
Mapofi reserves all other rights.
Violations
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Please report any violations of these Terms and Conditions to
Mapofi at support@mapofi.com