Your use of the Site and services and tools are governed by the following Terms as applicable to the Company including the applicable policies which are incorporated herein by way of reference. By mere use of the Site, You shall be contracting with SWIS Real Estate, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with SWIS Real Estate.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms and shall be considered as part and parcel of this Terms.
I. Defined Terms:
Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:
- “Agreement” shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at Goa.
- “Company”: is defined as SWIS Real Estate (“the Company”) an existing Company under the Companies Act, 1956 and having its corporate office at Office no.419, 4th floor Rajdeep Galleria Near Municipality Garden Ponda Goa – 403401, along with its unit for the Company’s website swisrealestate.com.
- “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 its notice to You 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.
- “swisrealestate.com” is defined as the internet website of the Company at www.swisrealestate.com
- “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 swisrealestate.com.
- “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.
- “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. “User” or “You” also includes 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.
- 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.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Site.
Company provides a number of internet-based services through its platform and shall include:
- Posting User profile or listing for the purpose of sale/rental of property, and related property services etc.
- Find a property through swisrealestate.com and its internet links.
- Place a print advertisement in any of the group publications through the swisrealestate.com site.
- Post advertisements on swisrealestate.com.
- Send advertisements and promotional messages through emails and messages.
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. 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, and contact number.
- Transactions on the Site are secure and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Company / Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
- To protect the secrecy of 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 acquires 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 via telephone or/and concurrently in person provide the Company with a written notice to the same 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 swisrealestate.com database without prior consent from SWIS Real Estate in writing.
VI. Obligations and Representations of User/Subscriber:
- To provide accurate, complete and correct registration data on initial application for the Services.
- The User agrees that any data entered on the Site will be subject to mandatory verification process by the Company.
- Any and all 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 the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
- The User shall be solely responsible for all information retrieved, stored and transmitted 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 be responsible for all the activities that occur his/its display name and password.
- The User agrees to immediately notify the Company of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
- 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 Services.
- User hereby declares that he/it is fully aware that the online advertisements placed with swisrealestate.com shall be reflected after 48 hours and agrees to the stipulated 48 hours processing.
- The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by SWIS Real Estate as deemed fit by them.
- The User shall give out to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) 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 on swisrealestate.com 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 swisrealestate.com. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.
- The User will indemnify SWIS Real Estate 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 and account.
- The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Company however shall endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
- User of the website agrees to indemnify and keep SWIS Real Estate 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/it and not to any other third party.