Terms and Conditions

Terms and Conditions

This website, www.galenciaproperty.com, (hereinafter referred to as "Galencia Property") is owned, hosted, a company incorporated in Nigeria. These terms and conditions regulating the use of these Services constitute a legally binding agreement between Galencia Property and the User (the “Agreement”).

Terms and Conditions

Galencia Property and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Galencia Property, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE Galencia Property. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (info@galenciaproperty.com)

Galencia Property may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Galencia Property. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Galencia Property, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Galencia Property may also suspend the operation of Galencia Property for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize Galencia Property in a manner inconsistent with these terms and conditions, Galencia Property may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Definitions

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Galencia Property (whether on a paid or free basis), and to whom the access to Galencia Property is restricted by the use of a sign in user name and a password. The username and password are either allotted by Galencia Property or chosen by the Subscriber or agreed upon by Galencia Property. It is made abundantly clear that only the Authorized User has the right to access the Services so offered by Galencia Property.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Galencia Property, without the need or a requirement to create an account i.e. visits non-restricted portions of Galencia Property.

The use and access to Galencia Property shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of Galencia Property, and expressly so with respect to respecting the intellectual property rights of the Galencia Property, and abiding by terms and conditions below mentioned.

The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)

The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Galencia Property on the internet through which the user may access information carried by Galencia Property in the database maintained by it. The terms would also include meaning the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Galencia Property acting as an agent either express or implied on behalf of any User/Customer.

SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Galencia Property unless the User submitting such a Listing/Advertisement has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on the User's website or on Galencia Property.

Payment Terms

Payments for the Services offered by Galencia Property shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Galencia Property. Galencia Property offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that Galencia Property/Galencia Property.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to Galencia Property under any other agreement or commercial relationship towards other products/services. Info Edge (India) Ltd gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Info Edge (India) Ltd. undertakes no liability for free Services. Info Edge (India) Ltd. reserves its right to amend/alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms/disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

Galencia Property uses the maximum care as is possible to ensure that all or any data/information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Info Edge India Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Galencia Property, once a credit card transaction has been completed, the payment information is not accessible to anyone at Galencia Property after completion of the online transaction at the Payment Gateway, this ensures the maximum security.

Galencia Property shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

Refund in failed transactions

Though Galencia Property payment reconciliation team works on a 24 x 7 basis, Galencia Property offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in the processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of Galencia Property.

If you utilize Galencia Property in a manner inconsistent with these terms and conditions, Galencia Property may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

USE OF INFORMATION

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Galencia Property. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Galencia Property. Galencia Property does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User 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. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User 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. Users violating these specific terms, specifically those Users 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

All logos, brands, trademarks and Service marks ("Marks") appearing in Galencia Property are the properties either owned or used under license by Galencia Property and/or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Galencia Property / its associates. The access to Galencia Property does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.

Galencia Property respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Galencia Property shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Galencia Property as a platform to infringe the Intellectual Property Rights of others, Galencia Property will be free to terminate this Agreement forthwith without any notice to the user.

By allowing Users to access Galencia Property, Galencia Property grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.

RESTRICTIONS/ PROHIBITIONS

You hereby expressly agree not to:

  • (a) Utilize the Services offered by Galencia Property in any manner so as to impair the interests and functioning of Galencia Property/Galencia Property and which is non-compliant with laws.
  • (b) Access data not intended for you or log into server or account that you are not authorized to access;
  • (c) Attempt to probe, scan or test the vulnerability of a system or network;
  • (d) Attempt or breach security or authentication measures without proper authorization;
  • (e) Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to Galencia Property, overloading, Flooding, mail bombing or crashing;
  • (f) Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in Galencia Property except as permitted;
  • (g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on Galencia Property to any other system. No reproduction of any part of Galencia Property may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or Galencia Property, whether in hard copy or electronic format, including postings to any other Galencia Property; or
  • (h) Remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Galencia Property or link to Galencia Property, without our express written consent.
  • (i) The user shall not utilize the Services offered by Galencia Property in any manner so as to impair the interests and functioning of Galencia Property/Galencia Property. The user undertakes not to duplicate, download publish, modify and distribute material on Galencia Property.com unless specifically authorized by Galencia Property in this regard. The user undertakes not to establish any deep link or other connection to any specific page of Galencia Property other than the Home Page without obtaining the prior consent of Galencia Property. Galencia Property strictly forbids copying, duplicating web pages or content using any automated process such as spiders, crawlers etc. or through any manual process for a purpose which has not been authorized in writing.
  • (j) users undertake that the Services offered by Galencia Property shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. Galencia Property is not obligated to but reserves the right to filter and monitor and block the emails sent by you/user using the servers to maintained by Galencia Property to relay emails. All attempts shall be made by Galencia Property and the user to abide by International Best Practices in containing and eliminating Spam.

The User/subscriber/visitor to Galencia Property or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:

  • belongs to another person and to which the user does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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;
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • violates any law for the time being in force;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy limit the functionality of any computer resource;
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

Violations of system or network security may result in civil or criminal liability.

LINKS TO THIRD PARTY WEBSITES

Galencia Property may provide links to other third-party World Wide Web sites or resources. Galencia Property makes no representations whatsoever about any other Web site you may access through Galencia Property.

DISCLAIMER AND WARRANTIES

THE CONTENT OF Galencia Property IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Galencia Property AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, 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 Galencia Property.

Views expressed by the Users are their own, Galencia Property does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.

It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. Galencia Property does not warrant that the access to the website will be uninterrupted or error-free or that defects in the website will be corrected.

Galencia Property offers no guarantee any warranties that there would be a satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Galencia Property/Galencia Property are solely for the purposes of display of the property advertised.

Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Galencia Property does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.

No information contained herein shall constitute an invitation or an offer to invest in Galencia Property or any of its Affiliates. Further, nothing contained in Galencia Property should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Galencia Property makes no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.

Galencia Property is controlled and operated from India and Galencia Property makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use Galencia Property from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.

Galencia Property offers products, Services, content and various other functionalities through Galencia Property and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Galencia Property does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on Galencia Property may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that Galencia Property intends to announce, launch or provide such products, programs or Services in your country.

LIMITATION OF LIABILITY

Galencia Property will not be liable for any damages of any kind arising out of or relating to the use or the inability to use Galencia Property, 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 including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.

Galencia Property 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 User's data/information. Galencia Property 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 User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Galencia Property (service provider) is to provide access of its online portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon Galencia Property.

TERMINATION

Galencia Property may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Galencia Property (or any part thereof) for any reason, including, without limitation, that Galencia Property based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

INDEMNIFICATION

Submissions and unauthorized use of any information(s)/materials contained on Galencia Property 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 username and/or password.

You agree to defend, indemnify, and hold harmless, Galencia Property 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 Galencia Property material or your breach of these terms and conditions or any applicable law.

Galencia Property will not be party to any legal proceedings between parties contracted through these Services. In case Galencia Property is sought to implicated in any legal proceedings, costs will be recovered from the party that names Galencia Property as a party to such proceedings. Galencia Property shall abide with any court order served on it through due process.

PRIVACY POLICY

The user of Galencia Property is subject to Galencia Property Privacy Policy.

ARBITRATION

If any dispute arises between some user/users and Galencia Property arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Galencia Property.

SEVERABILITY OF PROVISIONS

THIS AGREEMENT between you and Galencia Property governs your use of Galencia Property. If any provision of these Galencia Property terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

WAIVER

The failure of Galencia Property to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

VIOLATIONS

Please report any violations of these terms and conditions to Galencia Property at info@galenciaproperty.com