I. Defined Terms:

Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:

  • e 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 Lisbon-homes.com and shall include the provision of following facilities:
  1. 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..
  2. Service to the Users who wishes to secure a property through Lisbon-homes.com and its Internet links.
  3. Service to the users who wishes to place a print advertisement in any of the group publications through the www.Lisbon-homes.com site.
  4. Service to the Users who wishes to insert advertisements at Lisbon-homes.com.
  5. Service to the Users who wishes to receive advertisements and promotional messages on www.Lisbon-homes.com and through emails.
  • Lisbon-homes.com ”: Is defined as the Internet web site of the Company at www.lisbon-homes.com
  • ”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 Lisbon-homes.com for the purpose of buying property shall be exempted from the application of this clause.

IV. Payment

  • 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. Cancellation

  • Lisbon-homes.com 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 LISBON HOMES.

VI. 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.
  • 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 Lisbon-homes.com 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.
  • Lisbon-homes.com in its sole discretion shall reserve the right to edit, modify and alter the content. User agrees that the online advertisements placed with Lisbon-homes.com shall be reflected after 48 hours. The user further agrees to the stipulated 48 hours processing.
  • The User will indemnify Times Business Solutions Limited 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.
  • “Magic Bricks 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). LISBON HOMES/ Magic Bricks 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 info@lisbon-homes.com or intimated by phone at 0124-4869300“
  • “The user agrees that any data entered into herein can and shall be saved, used and commercially exploited by LISBON HOMES/ Magicbricks as deemed fit by them”.
  • “User of the website agrees to indemnify and keep LISBON HOMES/ Magicbricks 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”

VII. 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 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 Lisbon-homes.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 Lisbon-homes.com. 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 Lisbon-homes.com and/or any web sites linked to Lisbon-homes.com 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 Lisbon-homes.com 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 toLisbon-homes.com 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 Lisbon-homes.com 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 Lisbon-homes.com 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 Lisbon-homes.com 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.
  • The User shall not host, display, upload, modify, publish, transmit, update or share any information on the Lisbon-homes.com site that
    (a) belongs to another person and to which you do not have any right to;
    (b) 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;
    (c) harm minors in any way;
    (d) infringes any patent, trademark, copyright or other proprietary rights;
    (e) violates any law for the time being in force;
    (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    (g) impersonate another person;
    (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    (i) 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 information uploaded by the User shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if the User is found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of Lisbon-homes.com, Company may terminate your account/block your access to Lisbon-homes.com and Company reserves the right to remove any non-compliant information uploaded by the User.

VIII. 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 Lisbon-homes.com database without prior consent from Magicbricks in writing.

IX. 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 Lisbon-homes.com 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.

X. 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:

XI. 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.

 

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