Term of Use Kolkata
Term of Use
Klickrentals.com has its unique terms of uses. These terms and conditions
regulating use of our Services constitute a legally binding agreement between
Klickrentals.com and users.
Defined Terms
Unless otherwise specified, the capitalized words shall have the meanings as
defined herein:
• Agreement : Shall mean and include the completed application
form, its attachment(s) and the terms and conditions stated herein. It shall
deem to have been executed at Pune.
• Company: Is defined as Klickrentals.com, an existing company
under Companies Act, 2013
having its registered office at Pune.
• 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 the user 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.
• 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 Klickrentals.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.
• 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.
• Services: Means the Services to be provided by the Company to the
User of Klickrentals.com and shall include the provision of following
facilities:
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,
allied services etc.
1) Service to the Users who wishes to secure a property through
Klickrentals.com and its Internet links.
2) Service to the Users who wishes to insert advertisements at
klickrentals.com.
3) Service to the Users who wishes to receive advertisements and promotional
messages on Klickrentals.com and through emails.
• Klickrentals.com: Is defined as the Internet web site of the
Company at Klickrentals.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
Commencement of Service
• The Service shall be deemed to have commenced on the Date of
Commencement of service.
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
Klickrentals.com for the purpose of buying property shall be exempted from the
application of this clause.
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 favor, 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.
Cancellation
• Klickrentals.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.
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
Klickrentals.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.
• Klickrentals.com in its sole discretion shall reserve the right to
edit, modify and alter the content. User agrees that the online advertisements
placed with Klickrentals.com shall be reflected after 48 hours. The user
further agrees to the stipulated 48 hours processing.
• The User will indemnify Klickrentals.com 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.
• "Klickrentals.com 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).
Klickrentals.com 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 support@klickrentals.com."
• "The user agrees that any data entered into herein can and shall
be saved, used and commercially exploited by Klickrentals.com as deemed fit by
them."
• "User of the website agrees to indemnify and keep
Klickrentals.com 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."
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 Services, including any
regulation made pursuant thereto.
• The User shall not to print, download, duplicate or otherwise copy,
delete, vary or amend or use any data or personal information posted by any
User on Klickrentals.com except such data and information which are posted by
the particular User himself.
• The User shall not share the Service with any person without the prior
written approval of the Company.
• The User shall not use the Service for any unlawful purpose including
without limitation criminal purposes.
• The Service shall not be used to send or receive any message, which is
offensive on moral, religious, racial or political grounds or of an abusive,
indecent, obscene, defamatory or menacing nature.
• The User shall be prohibited if they persistently send messages or
make postings on Klickrentals.com to any other User or third party who access
Klickrentals.com without reasonable cause or for causing any threat or/and
harassment or/and annoyance or/and anxiety or/and any other inconvenience
whatsoever caused to any person.
• The User shall not infringe on any intellectual property rights of any
person or/and retain information in any computer system or otherwise with an
intention to do so.
• 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 Klickrentals.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 klickrentals.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 Klickrentals.com transactions in which you are involved.
• The User shall not violate, or attempt to violate the security of
Klickrentals.com and/or any web sites linked to Klickrentals.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 Klickrentals.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 without prior notice to the User. The Company shall issue a
warning to the User to discontinue any activity which leads to the said violations
and in the event the User continues with such prohibited activity, the Company
reserves the unilateral right to suspend or/and deactivate the User's access to
Klickrentals.com the Service and/or any other related facility. 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 of the Klickrentals.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 libelous 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 Klickrentals.com related
transactions.
• The Klickrentals.com strongly opposes SPAM, which floods the Internet
with unwanted and unsolicited email and deteriorates the performance and
availability of the Klickrentals.com service. All forms of SPAM, or any other
activities that have the effect of facilitating SPAM, are strictly prohibited.
• Klickrentals.com also prohibits the use of another Internet service to
send or post SPAM to drive visitors to your site hosted on or through
Klickrentals.com systems, 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. 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 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 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 Klickrentals.com database
without prior consent from Bharatestates in writing.
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
Klickrentals.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.
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.
• If in the opinion of the Company, the User has breached any of the
terms and conditions of this agreement.
• If, in the opinion of the Company or/and any regulatory authority, it
is not in the public interest to continue providing the Service to the User for
any reason.
• 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.
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.
Suspension of Service
• If any monies payable by the User to the Company are not paid on the
due date, the Company may without prejudice to any other rights or remedies
that may be available to it suspend the Service provided to the User.
• When the Service subscribed for is suspended, it shall be deemed to be
terminated. The date shall be such as stipulated by the Company and the User
shall be liable for all the charges and fees incurred up to the date.
• Upon subsequent payment by the User of such monies as demanded by the
Company, the Company may at its discretion and subject to such terms as it
deems proper, reconnect the Service.
Violation of Terms & Conditions
• If klickrentals.com, in its sole discretion, determines that a
violation of the Terms & Conditions has occurred, Klickrentals.com may
pursue any of its legal remedies, including but not limited to the immediate
deletion of any offending material from its site or/and cancellation of your
account and/or the exclusion of any person(s) who may have violated any Terms
& Conditions. Klickrentals.com could also pursue violators with claims that
they have violated various criminal and/or civil law provisions as applicable
under the relevant Acts/Rules, etc of the land. Klickrentals.com will cooperate
with any investigation by any Central or/and State or/and local body or/and any
court or/and tribunal having the competence to carry out the same. Such
cooperation may be without notice to the User. If Klickrentals.com believes in
its sole discretion that any advertisement or/and services may create liability
for Klickrentals.com, Klickrentals.com may take any actions that it believes
are prudent or necessary to minimize or/and eliminate its potential liability,
including but not limited to, the release of User information. In sum,
Klickrentals.com reserves the right to refuse service to anyone at any time,
or/and to remove any listings or/and any advertisements for any reason, and
without notice.
Disclaimer
Disclaimer of Warranties: The User shall agree that use of the service is at
the user's sole risk. The service is provided on an "as is" or/and on
an "as available" basis. Klickrentals.com expressly disclaims all
warranties of any kind, whether express or implied, including, but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement.
• The Company / Klickrentals.com makes no warranty that the service
shall meet user's requirements, that the service shall be uninterrupted or/and
timely or/and secure or/and error free; nor does Klickrentals.com make any
warranty as to the results that may be obtained from the use of the service or
as to the accuracy or reliability of any information obtained from the service.
Cancellations and alterations shall be effected only on the receipt of
application regarding the same in writing.
• There are no express representations and warranties, whether express
or implied, made by the Company regarding the accuracy and/or quality of any
information transmitted and/or obtained through the use of the Services or
Klickrentals.com.
• Klickrentals.com will not be liable for any time difference arising
between a message released through a gateway / server (provided to
Klickrentals.com) and such message finally reaching the End User from the
concerned service provider.
• The Company shall not be liable for any disclosure of information
concerning the User's account and/or particulars nor for any error and/or
omissions and/or inaccuracy with regard to information so disclosed. In
addition The Company shall further not be liable for any loss or damages
sustained by reason of such disclosure, weather intentionally or inadvertently.
• In case the there is any loss of information, caused due to any
reason, weather as a result of any disruption of service, suspension and/or
termination of the Service, the Company shall not be liable in any way for the
same. Further the Company is not responsible for the accuracy, quality and/or
contents of any information available, received and/or transmitted through this
Service.
• All information are accepted in good faith and Klickrentals.com accept
no responsibility whatsoever regarding the bonafide of the user, nor can any interviews
be granted or/and correspondence entered into regarding any advertisement
published.
• The User shall ensure that while using the Service, all prevailing and
applicable laws, rules and regulations, directly or indirectly for the use of
systems, service or equipment shall at all times, be strictly complied with by
the User and the Company shall not be liable in any manner whatsoever for
default of any nature regarding the same, by the User.
• The Company does not warrant that Klickrentals.com or any of the web
sites linked to Klickrentals.com be free of any operational hazards or error s
nor that it will be free of any virus or/and worm or/and any other harmful
components.
• It is not the Company's policy to exercise any kind of supervisory or
editorial control over and/or edit and/or amend any data and/or contents of any
e-mails and/or posting of any information that that may be inserted or/and made
available or transmitted to a third party in or through Klickrentals.com and
the User acknowledges the same. The User acknowledges and agrees that the
Company has absolute discretion to refuse and/or suspend or/and terminate
and/or delete and/or amend any artwork, materials and/or information or/and
content of any data and/or information or/and posting so as, in the sole
opinion of the Company, to comply with the prevailing legal framework and/or
moral obligations as placed on the Company and in order to avoid infringing any
third party's rights and/or any other rules and/or standards and/or codes of
practices that may be applicable to the posting or Klickrentals.com and/or the
internet.
• Klickrentals.com is not involved in any transaction between any
parties who are using our website. There are risks, which the User assumes when
dealing with people who might be acting under false pretenses and the same
shall be borne by the User. The website is a venue only and do not screen
or/and censor or/and otherwise control the listings offered to other Users, nor
does Klickrentals.com screen or/and censor or/and otherwise control the Users
of its service. Klickrentals.com cannot and does not control the behavior of
the participants on this site. We cannot control whether or not Users of
Klickrentals.com will complete the transactions they describe on our site. It
is extremely important that the user takes care throughout his dealings with
other people on this site. Klickrentals.com does not accept or/and assume
responsibility for the content or/and context of the user comment areas and
will not remove or/and edit postings to the public comments areas once they are
entered into the service, except to expire records or in its sole discretion.
• If there is any dispute between the Users/participants on this site,
it is agreed upon by the Users/participants that Klickrentals.com has no
obligation whatsoever to be involved in any such dispute/s. In the event that
the user has a dispute with one or more User/s or/and participant/s, the User
hereby undertakes not to make any claims or/and demands or/and damages (actual
or/and consequential) of every kind or/and nature or/and known or/and unknown
or/and suspected or/and unsuspected or/and disclosed or/and undisclosed,
arising out of or/and in any way related to such disputes and/or our service
against the Klickrentals.com or/and their officers or/and employees or/and
agents or/and successors.
• The User understands and agrees that any information or/and material
and/or goods or/and services obtained through this website is done at user's
own discretion and risk and that user shall be solely responsible for any
damage/s or/and cost or/and any other consequence/s resulting from any
transaction.
• No advice or or/any information, whether oral or/and written, obtained
by the User from Klickrentals.com or/and through or/and from the service shall
create any warranty not expressly stated herein.
• In case a visitor to the portal is desirous of conducting a site visit
of the property he/she is interested in, it shall be the sole liability and
duty of the Advertiser to arrange for such site visits. The
Company/Klickrentals.com shall not be liable in any manner whatsoever, towards
any liability and/or costs, arising out of such site visits including but not
limited to non-fulfillment by the Advertiser in this regard. • The
website's total liability under this Agreement in any circumstance shall be
limited to the total amount of fees or/and charges paid by the User to the
Company's website or the period immediately preceding two (2) months prior to
the incident giving rise to the relevant claim.
• This Website/ E-mail are vulnerable to data corruption, interception,
tampering, viruses as well as delivery errors and we do not accept liability
for any consequence that may arise there from.
Limitation of Liability
• User agrees that neither Klickrentals.com nor any of its providers of
information shall be liable for any direct or/and indirect or/and incidental
or/and special or/and consequential or/and exemplary damages, resulting from
the use or/and the inability to use the service or/and for cost of procurement
of substitute goods or/and services or resulting from any goods or/and data
or/and information or/and services purchased or/and obtained or/and messages
received or/and transactions entered into through or/and from the service
or/and resulting from unauthorized access to or/and alteration of user's
transmissions or/and data or/and arising from any other matter relating to the
service, including but not limited to, damages for loss of profits or/and use
or/and data or other intangible, even if Klickrentals.com has been advised of
the possibility of such damages. User further agrees that Klickrentals.com
shall not be liable for any damages arising from interruption, suspension or
termination of service, including but not limited to direct or/and indirect
or/and incidental or/and special consequential or/and exemplary damages,
whether such interruption or/and suspension or/and termination was justified or
not, negligent or intentional, inadvertent or advertent. User agrees that
Klickrentals.com shall not be responsible or liable to user, or anyone, for the
statements or conduct of any third party of the service. In sum, in no event
shall Klickrentals.com's total liability to the User for all damages or/and
losses or/and causes of action exceed the amount paid by the User to
Klickrentals.com, if any, that is related to the cause of action.
• The Company takes no responsibility/liability whatsoever for shortage
or non-fulfillment of the service/s on Klickrentals.com or any other related
site due to or arising out of technical failure or/and malfunctioning or/and
otherwise and the User hereby undertakes that in such situation/s, the User
shall not claim any right/damages/ relief, etc. against the Company for
"Deficiency of service" under The Consumer Protection Act or any
other Act/Rules, etc.
• Klickrentals.com shall not be liable for any and all costs, charges,
expenses, etc. incurred in relation to the downloading fees by third party,
airtime, ISP connection costs, etc., of which are to be borne by the user
personally.
• Klickrentals.com shall not be responsible for any malfunctioning,
non-functioning of the mobile phone or any other application, and or any
damage, loss, either direct or indirect arising out of the use of the
Klickrentals.com mobile application on your mobile phone.
Use of Information/Data Supplied
The User hereby agrees and irrevocably authorizes that the Company has the
right to: • Use for the company's own purpose, any data or/and
information supplied by the User in connection with this Agreement, and/or pass
on such information to any other associated companies or selected third
parties.
• Retain all data or/and information supplied by the User while using
the Service to remain at Klickrentals.com for the exclusive use of the Company
in accordance with service agreement with the user, notwithstanding any
termination of the Agreement or suspension of the Service to the User herein.
Anything contrary to the above, unless specifically put down in writing,
following the termination or suspension of the Service to the User, all such
data and information shall remain in the Company's property, records and databases
as the exclusive property of the Company, for all times to come.
• "By entering mobile number while registering on klickrentals.com,
user gives consent to Klickrentals.com to send alerts, contact and promotional
SMS to users registered mobile number. In case user does not want to receive
these messages on his/her mobile number, he can remove his/her mobile number
from his user details from klickrentals.com".
Indemnity
• User will defend, or at its option and settle any third party lawsuit
or proceeding brought against the Company based upon or otherwise any claim
arising from the fact that the User Content, Site and/or User features infringe
any copyright, trade secret or trademark of such third party and second, the
Company's use of any User Content, provided that such use complies with the
requirements of the Agreement and third, the User's use of the Services in any
manner inconsistent with or in breach of the Agreement; and/or fourth, any
claim alleging facts that would constitute a breach of User's representations
and warranties made in this Agreement. Any such claim/proceeding if made
directly on the User shall promptly be communicated to the Company by the User
with all reasonable information, assistance and cooperation in defending the
lawsuit or proceeding. The User shall give the Company full control and sole
authority over the defense and settlement of such claim. The User may join in
defense with counsel of its choice at its own expense subject to the approval
of the company. The User unilaterally agree to indemnify and hold harmless,
without objection, the Company, its officers, directors, employees and agents
from and against any claims, actions and/or demands and/or liabilities and/or
losses and/or damages whatsoever arising from or resulting from their use of
Klickrentals.com or their breach of the terms of this Agreement.
Indemnification shall be provided for any claim which shall arise and shall be
limited to payment by the e indemnifying party ("User") of all
damages and costs finally awarded for such claim, or settlement costs approved
in writing by the Indemnity Holder (Company).
Confidentiality
• For the purpose of this Agreement and attachments thereto and all
renewals, " Confidential Information " means all financial, commercial,
technical, operational, staff, management and other information, data and
know-how relating to the Project or to a party (the " Disclosing Party
" herein the Company ) or any other members of the Disclosing Party's
group of companies ( including, without limitation, as to products and
services, assets, customers, date and database, suppliers or employees), which
may be supplied to or may otherwise com e into the possession of the other (the
" Receiving Party ", herein the User ), whether orally or in writing
or in any other form, and which is confidential or proprietary in nature or
otherwise expressed by the Disclosing Party or by any of its Associates to be
confidential, and not generally available to the public.
• The Receiving Party shall keep confidential and secret and not
disclose to any third party the Confidential Information nor
any part of it, except to any of the Receiving Party's Associates, if required
and upon prior permission in writing from the Disclosing Party. The Receiving
Party agrees to take all possible precautions with regard to protecting
confidential information from any third party and shall ensure that all its
Associates to whom such disclosure e is made will act in accordance with the
terms of this Agreement as if each of them were a party to this Agreement, and
if required obtain a written statement from each of its employees/associates
having access to such Proprietary Information undertaking to abide by the
confidentiality conditions. All Proprietary Information shall be kept separate
and exclusive and at the usual place of business (or residence as the case may
be) of the Receiving Party.
• Further no use, reproduction, transformation or storage of the
Proprietary Information shall be made by the User without the prior written
permission of the Company, except where required to be disclosed pursuant to
any applicable law or legal process issued by any court or the rules of any
competent regulatory body. • On request of the Disclosing Party
made at any time, including at the time of termination of this Agreement, the
Receiving Party shall deliver back to the Disclosing Party all original
documents, records, data and other material in the possession, custody or
control of the Receiving Party that bear or incorporate any part of the
Proprietary Information. The obligations of confidentiality set out in this
Agreement shall continue to be in force notwithstanding termination of this
Agreement for any reason whatsoever.
• All information and data submitted by the User shall become the
property of the Company. However all such information shall be kept strictly
confidential and the Company shall not, subject to "Violation of Terms
& Conditions" clause, release any such data and information to any
third party without the prior consent of the User.
• The User has access to only his own data and information stored in the
database at Klickrentals.com (subject to prior confirmation of identity) and
nothing more. The User may edit or amend such data and information from time to
time.
• All confidential information (including name, e-mail address etc.)
voluntarily revealed by the User in chat and bulletin board areas, is done at
the sole discretion and risk of the User. If such information, collected by a
third party is misused or results in unsolicited messages from such third
parties, then such actions are beyond the use beyond the control and liability
of Bharatestates command the company accepts no responsibility or liability
whatsoever for such actions.
• All copyright and/or know-how and/or any other related intellectual
property rights to the Service or Klickrentals.com shall become and remain the
sole and exclusive property of the Company and the User shall have no claims to
the same. In the event the User has contributed any content to Klickrentals.com
in any manner whatsoever, all intellectual property rights to the same shall
become the absolute property of the Company, including all intellectual
property rights and the User shall have no right or claim over the same, in any
manner whatsoever. In the event that the User during the term of his Agreement
or any time thereafter, uses such intellectual property in any other website or
related activity, the same shall be considered as an infringement of the
intellectual property rights of the Company and the Company shall have the
right to take recourse to whatever legal remedial action is required, in the
given facts and circumstances, the costs and peril of which will lie at the end
of the User.
Variation
• The right to amend varies or changes the terms and conditions
contained herein and in the Services Guide at any time exclusively rests with
the Company, upon notice (in such form as may be determined by the Company) to
the User.
• This Agreement will be periodically undated and the Terms and
Conditions changed from time to time and the changed or updated Agreement
posted at Klickrentals.com. The User should visit the site periodically to
review the latest Terms and Conditions. For the avoidance of doubt, the User's
continued use of the Service constitutes an affirmation and acknowledgement of
the amended terms and conditions.
• Further no use, reproduction, transformation or storage of the
Proprietary Information shall be made by the User without the prior written
permission of the Company, except where required to be disclosed pursuant to
any applicable law or legal process issued by any court or the rules of any
competent regulatory body. Discontinuation or Modification to Services
• The Company reserves the unilateral right to add to /and/or change
and/or delete and/or end the Service at anytime with or without notice to the
User. Except for paid service, a pro-rated refund shall be affected for the
remaining unused period.
• There shall be no liability on behalf of the Company to the User or
any third party in case the Company exercises its unilateral right to modify or
discontinue the Service.
Notices
• All notices shall be in English and in writing and (a) if sent to the
User to the address identified on the Application Form and (b) if sent to the
Company to such address as provided in writing for such notice purposes;
provided, however, that all invoices and payments shall be sent to the
attention of The Company's Finance department, all legal notices shall be sent
to the attention of the Company's Legal Department, and all other
correspondence shall be sent to the attention of the account manager specified
by the Company. Notice shall be deemed given upon receipt when delivered
personally and upon received acknowledgment / written verification of receipt
from overnight courier and finally upon verification of receipt of registered
or certified mail.
• All notices from the Company including notice of change to these Terms
& Conditions or other matters related to Klickrentals.com will be done by
displaying notices to Users on the Service.
Non-exclusive Remedy
• Termination or expiration of this Agreement, in part or in whole,
shall not limit either party from pursuing other remedies available to it, nor
shall either party be relieved of its obligation to pay all fees that are due
and owing under this Agreement through the effective date of termination.
Neither party shall be liable to the other for any damages resulting solely
from termination as permitted herein.
Waiver
• The failure of Klickrentals.com to exercise or enforce any right or
provision of these Terms & Conditions shall not constitute a waiver of such
right or provision. If any provision of these Terms & Conditions is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should Endeavour to give effect to the parties' intentions
as reflected in the provision, and the other provisions of these Terms &
Conditions shall remain in full force and effect. Entire Agreement
• This Agreement shall constitute the complete and exclusive agreement
between the parties with respect to the subject matter hereof, superseding any
prior agreements, documents and or communications regarding such subject matter.
This Agreement may only be modified, or/and any rights under it waived, by a
written document executed by the Company only. The right to
change vary or amend, however exclusively rests with the Company.
Governing Law and Jurisdiction
• It is clarified that there is no agency or/and partnership or/and
joint venture or/and employee-employer or/and franchiser-franchisee
relationship between Klickrentals.com and any User of the Service.
• The User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or
the Terms & Conditions must be filed within 30 days after such claim or
cause of action arose or be forever barred.
• All information of whatsoever nature received from the user is in good
faith and is bonafide. The information is believed to be true/ correct and
complies with the laws of the land.
• This Agreement and any dispute or matter arising from incidental use
of Klickrentals.com is governed by the laws of India and the User and the
Company hereby submit to the exclusive jurisdiction of the courts at Pune,
India without regard to its conflict of law provisions. User and
Klickrentals.com agree to submit to the personal and exclusive jurisdiction of
the court located in Pune.
Acknowledgment and Acceptance of Terms and Conditions
• The terms and conditions appearing here above consists of the entire
agreement between the Party/User (as defined above ) and the Company (as
defined above ) and replaces all previous arrangements/schedules between the
parties regarding the subject matter contained herein above. By completing the
registration process and/or checking the "I have read and accept the Terms
of Use" box, you are indicating your acceptance to the agreement and to be
bound by all of the terms and conditions of the Company as appearing here in
above.
It is our constant Endeavour to make Klickrentals.com an enjoyable and
effective experience for all our users. If you observe material or behavior
that may violate one of the Klickrentals.com Terms & Conditions, please
write to us. This will go a long way in enhancing our service!
