- ACCEPTING THE SERVICE TERMS AND CHANGES TO THE SERVICE TERMS
By accessing or using the Services, you are agreeing to these Service Terms and entering into a legally binding agreement with us.
As our business grows and improves, we may from time to time change these Service Terms and will post a revised copy on this page. We encourage you to check regularly for any updates. If we make any material changes to these Service Terms, we will notify you via email or on the Services as appropriate. Otherwise, your continued use of the Services following such changes will constitute your acceptance of the new terms.
By using the Services, you are agreeing to be legally bound by this agreement, including the binding arbitration clause contained below. We may make changes to this agreement from time to time, so be sure to check this page regularly.
- ELIGIBILITY AND REGISTRATION
You must be at least 18 years old to use the Services. You may choose to create an account and provide certain information, including a valid email address and a password. If you want to participate in an auction event, you will have to register with us. You agree to provide accurate and truthful information and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your information, and you agree to notify us if there has been any unauthorized use of your information. You may not share your password with unaffiliated third parties.
By providing your information, you consent to us contacting you about your interest in the Services by e-mail, phone, or through any other contact information you have chosen to provide. You may opt out of marketing by following the instructions in our Privacy Statement.
The Services are not intended for users under the age of 18, so you MUST be 18 to use them. If you register, it is important to keep your registration information accurate and up to date so that we can contact you with information about the Services. You are responsible for your own account. If you ever forget your password, or believe that someone has accessed your account without your permission, it is important to contact us so that we can assist.
- INTELLECTUAL PROPERTY
All parts of the Services, including the selection, compilation, arrangement, and presentation of all materials and the Websites, tools, and applications, are copyrighted by us, and are protected by Indian and international laws. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions posted on the Services, and you acknowledge that use of our content without our express prior written permission is strictly prohibited.
You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you, unless you have our written consent, and you acknowledge that you have no ownership rights in or to any of such items.
You may not frame the Websites. You may link to the Websites, provided that you acknowledge and agree that you will not link the Websites to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights.
The content on the Services is copyrighted. You may use the content, but you may not alter it or change any copyright notices without our permission. You may not use your own web design skills to put “frames” around our Websites and pretend they are yours. You also can’t link to our Websites from websites that contain content we would find objectionable.
- YOUR LICENSE TO USE THE SERVICES
The Services are owned exclusively by us. However, we grant you a limited, non-exclusive, non-transferable license to access and use the Services only as expressly permitted in the Service Terms.. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Service Terms. Any violation by you of these license provisions may result in the immediate termination of your right to use the Services. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
We own the Services, but allow you to use them only in accordance with the Service Terms. If you don’t follow those rules, we may terminate your right to use the Services.
- SERVICE RULES
There are a number of rules you must follow to use the Services. You agree not to use the Services in any way that:
- Violates these Service Terms;
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly-available portions of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files.
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary right;
- Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable; solicits personal information, or submits or transmits pornography; or
- Violates any laws.
To use the Services, you have to follow our rules. The rules above are designed to keep the Services safe and enjoyable for all users.
- YOUR CONTENT AND SUBMISSIONS
You are solely responsible for all content that you post or otherwise submit to the Services, and acknowledge that once published, such content cannot always be withdrawn. Unless we indicate otherwise, you grant us, our subsidiaries, and affiliates a nonexclusive, transferrable, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form.
You represent and warrant that you own or otherwise control all of the rights to the content you submit and that it will not violate the Service Terms or cause injury to any other person or entity. We take no responsibility and assume no liability for any material, content, opinion, recommendation, or advice submitted by you or any third party. We have no obligation to post any content you provide, and reserve the right to post our own versions of that content (including, but not limited to, photos of properties or property descriptions) instead of yours in our sole discretion.
You assign us the right to pursue enforcement of copyright and other intellectual property claims against third parties that have, without authorization, and in violation of the Service Terms, scraped, copied, or distributed content from the Services that has been provided to us by you and for which you have not granted such third parties a separate license to use.
You are responsible for anything you submit to the Services and agree that we do not have to post or keep posted anything you provide. Once you post information on the Internet, it is not always possible to remove, especially if multiple copies exist. When you upload content to the Services, you’re giving us permission to make it available in a variety of different ways (for example, in promotional materials). If a third party uses content you provided in a way that violates these Service Terms, you agree that we can take legal action against the third party.
- REPORTING COPYRIGHT INFRINGEMENT
ehotelbroking.com has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of ehotelbroking.com’s Services who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may provide our Copyright Agent with a written “Notice”. You must do all of the following in your written Notice for it to be valid:
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including (if the Content is on our website) the URL of the link shown on the website where such material may be found.
- Include your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice (if these statements are untrue, you cannot submit the Notice):
- “I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “The information in this Notice is accurate and, under penalty of perjury, I affirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to ehotelbroking.com’s Copyright Agent:
ehotelbroking.com Copyright Agent
9/5,Balaji Avenue, 1st Street, T.Nagar, Chennai 600017 email@example.com
You can leave a message for our Copyright Agent at (+91 44) 2834 0519, but you cannot use this number to submit a Notice or to otherwise inform us of alleged copyright infringement. To be valid, a Notice must be in writing and must follow the instructions above.
Use exactly the procedure described here to notify us of alleged copyright infringement on the Services.
- DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, pictures, or other information available on the Services are for informational purposes only, and may not represent the current condition of a property or the condition of the property at the time of sale. The posting of pictures on the Services does not constitute a guarantee that any items represented in the pictures will be present when a buyer takes possession of a property. You are encouraged to conduct your own due diligence and investigate all matters relating to any properties. It is recommended that you seek independent advice, including legal advice, to perform your due diligence and that you use good faith efforts in determining that the content of all information provided to or obtained by you is accurate.
You understand and acknowledge that the information provided through the Services is subject to change. You should check back frequently for updated information as to the properties and/or mortgage notes available, auction events, times and locations, relevant auction terms, and other matters which may be made available by us or our clients.
Some of the available content, services, and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information. The content of other websites, services, goods, or advertisements that may be linked to or from the Services is not maintained or controlled by us. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Services; or (c) make any endorsement of any other websites, services, or goods that may be linked to or from the Services.
You use the Services at your own risk and what you see is what you get. There are many parts of the Services that we do not control or assume responsibility for. For example, we don’t check the accuracy of content on the Services, so use it at your own risk. In particular, YOU are responsible for performing your own diligence on properties available for auction on the Services and you agree not to rely solely on the information available on the Services in making decisions about these properties.
- LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY IN CONNECTION WITH THE SERVICES FOR DAMAGES, WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SERVICES OR TEN THOUSAND RUPEES (`10000), WHICHEVER IS GREATER.
Unless a state law provides otherwise, we are not liable to you for any issues arising out of your use of or inability to use the Services, and in no case will we be liable for any damages that exceed the amount you paid to access the Services, if any, or `10000, whichever is greater.
You agree to indemnify, defend, and hold us ,our subsidiaries, and affiliates harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content you submit to the Services; or (iv) your breach of the Service Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree to defend and hold us harmless against claims and damages caused by your use of the Services or violation of the Service Terms.
- PRIVACY STATEMENT
Our use of your information is governed at all times by our Privacy Statement. Our Privacy Statement explains our practices relating to the collection and use of your information in connection with the Services, and is incorporated into these Service Terms. By using the Services, you consent to the collection and use of your information as set forth in the Privacy Statement.
In addition to this agreement, your use of the Services is subject to our Privacy Statement. This document is important, as it governs how we can use your personal and other information.
- TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.
If you breach or threaten to breach any provision of these Service Terms, in addition to terminating your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or threatened breach of these Service Terms. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
You can stop using the Services at any time, and we have the discretion to discontinue or change the Services, as well as to control who can use the Services. If you violate the Service Terms, we have the right to seek enforcement of the provisions of the Service Terms and can also pursue other actions against you that we deem necessary, at your expense.
- SERVICES AUDITING AND MONITORING
We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with the Service Terms and to maintain and improve the provision of the Services. We also may, but are not required to, monitor the content on the Services using manual review or technical measures to screen, block, filter, edit or remove content. We may terminate or suspend users’ accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of our policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Service Terms; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.
- GENERAL TERMS
- Force Majeure. No party shall be liable to the other for any default resulting from force majeure, which includes any circumstances beyond the reasonable control of the parties.
- Notices and Electronic Communications. We may provide you with notices, including those regarding changes to the Service Terms by email, regular mail, or communications though the Services. When you use the Services, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
- We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws.
- Miscellaneous. You acknowledge that these Service Terms, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. If any provision of the Service Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of the Service Terms will remain in force. Our failure to exercise or enforce any right or provision of the Service Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign the Service Terms or the rights hereunder without our prior written consent. We may assign the Service Terms and delegate certain responsibilities, obligations, and duties under or in connection with the Service Terms in our sole discretion.
These are all the general legal terms that govern your use of the Services.
15. CONTACT US
For questions about the Services, you should contact ehotelbroking.com at firstname.lastname@example.org or 091- 44 – 2834 – 0519