Terms And Conditions
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| About these Terms & Conditions |
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WE are Goan Paradise,
a proprietorship company, the operators of the Web
Site at www.goanparadise.com. Users of Goan Paradise
are able to obtain and share information about available
properties for rent or sale in the state of Goa,
India. Goan Paradise will act as property brokers/agents
to its users worldwide.
USERS
are those persons (whether or not “Advertising
Account Holders”) who visit Goan Paradise
and/or access its contents and/or read or make submissions
to our Web Site. Goan Paradise provides the facility
for Users to make submissions, either in text form,
images or by way of hyperlinks, about a variety
of travel-related matters including, but not necessarily
limited to, comments, opinions, reviews, recommendations,
suggestions and information about particular travel
destinations, holiday accommodation, attractions,
things to do, services, facilities, other travel
resources and descriptions of their personal travel
experiences. Users wishing to make a submission
of any kind must provide us with at least a valid
e-mail address.
Users
are permitted to add to the listings on our Web
Site by adding details of previously unlisted accommodation,
rental properties and services, which will then
be disseminated to other Users and may be the subject
of User reviews or other comments. However, proposed
listings in respect of certain types of accommodation,
properties and services are regarded by Goan Paradise
as being advertisements, and in such cases it is
a requirement that details for inclusion in the
listings be provided only by the owner or approved
agent. Before submitting any such details, owners
or persons authorised to act on their behalf must
first register (“sign up”) with us.
At present no signing-up fee is charged to Account
Holders and no charges are made for including and
maintaining their listings. However, we reserve
the right to introduce such charges if and when
we deem necessary.
We
offer the use of our Web Site subject to the following
terms. These terms govern the use made by you, the
User of the Web Site, whether or not you are also
an Account Holder. By making use of the Web Site
you indicate your acceptance of and enter into an
agreement to be legally bound by these terms, which
shall take effect immediately upon your first use
of the Web Site. You must read these terms carefully
and satisfy yourself that you understand them before
using the Web Site.
Once
you have entered into this agreement your use of
the Web Site is governed entirely by these terms
and you must perform your obligations set out below
as long as you continue to use the Web Site. If
you do not agree to be legally bound by all the
following terms please do not access and/or otherwise
make use of the Web Site. If you wish to make a
submission on the Web Site and/or you wish to open
an account (sign up) with us, you will be asked
to confirm your acceptance of these terms before
being permitted to proceed.
While
Goan Paradise welcomes Users of all ages, we advise
against children under the age of 13 submitting
any content to our Web Site.
We
reserve the right to change these terms from time
to time and when we deem necessary. In the event
of any such change or changes, the amended Terms
and Conditions of Use shall be published on the
Web Site and the date of the last amendment indicated
in the amended document in the section entitled
"Variations”. We are not obliged to inform
you of these changes and it is your responsibility
to review the Terms and Conditions of Use regularly.
You will be deemed to have accepted a variation
if you continue to use the Web Site (whether or
not you are also an Account Holder) after changes
in the terms have been posted and your continued
use of the Web Site constitutes your acceptance
of any and all changes to the terms published prior
to each and every use made by you
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Except as may be provided
for below, you warrant that you will not copy, publish,
broadcast, display, distribute, transmit or otherwise
disseminate, reproduce, license, transfer, assign
or sell any material, data, software, programs or
services or edit or otherwise interfere with any
software or programs contained in or obtained from
or through your use of the Web Site.
If
you are in the process of registering or you are
an Account Holder, you warrant that you will not
disclose your password to any other person or permit
any other person to make any use whatsoever of any
facilities made available to you by Goan Paradise
by reason of your registration.
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| Submission of Material & User Registration |
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Before submitting
any material you must provide us with a current
valid e-mail address at which you can be contacted.
If you apply to become an Account Holder, you must
also provide us with other contact details. You
represent and warrant that any and all information
about yourself that you supply to us or that you
supply to any other party through your use of the
Web Site is true and accurate.
If
you are an Account Holder you agree to update your
personal details if they should change in any way.
You can update the information you have given us
by logging in the 'Members Area' of the site.
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| Unlawful & Unacceptable Use |
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Our expectation is
that Users make their submissions to the Web Site
in good faith and that any opinions expressed by
them are honestly held. Users are responsible for
the accuracy of their submissions including any
information that they may provide about accommodation.
Statements submitted by Users are not statements
of Goan Paradise and accordingly we do not accept
any responsibility for their accuracy.
If
we consider that the contents of a submission, or
that of material stored elsewhere but referred to
by a submitted hyperlink, is in breach of these
Terms and Conditions of Use, we reserve the right
but have no obligation to refuse to allow it to
appear in Goan Paradise or to amend it prior to
its appearance. We also reserve the right, but have
no obligation, to read and/or edit and/or delete
any data or image or text submitted to us once it
has appeared on our Web Site and while it remains
within our control and to otherwise restrict its
dissemination if, in our absolute discretion, it
is deemed to be unacceptable. We may notify you
if we have amended or rejected your submission but
we are not obliged to do so.
If
we consider that a User is otherwise making unreasonable
use of our facilities, we reserve the right to delete
that User’s current submissions and to reject
any further submissions.
You
warrant that you will not use this Web Site in a
manner or for any purpose that is unlawful and/or
a criminal offence in India or the Rest of the World or to post or otherwise
disseminate any material that is abusive, defamatory
of any person or legal entity (irrespective of justification)
or indecent or obscene or racist or offensive or
threatening or inflammatory or menacing or likely
to cause annoyance or anxiety to others. Furthermore,
if you access the Web Site from any other legal
jurisdiction, you are responsible for complying
with the laws of that jurisdiction and you warrant
that your use will comply with those laws.
You
agree to indemnify us in respect of any liability
that may arise from your use of the Web Site (whether
criminal or civil) in any legal jurisdiction including
but not limited to India and the jurisdiction from
which you access the Web Site.
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| Intellectual Property & Rights of Other Users |
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You warrant not to
use the Web Site in a manner that infringes on any
person’s copyrights or other intellectual
property rights or interferes with other Users’
lawful use of the Web Site or infringes any person’s
privacy. You agree only to include in your submissions
to Goan Paradise only material in respect of which
you own the copyright or have the permission of
the owner to publish the material. While the copyright
remains with its owner, you grant us a non-exclusive,
perpetual, royalty-free, worldwide licence to republish
any material you submit to us in any format, including
without limitation in print and electronic format.
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You acknowledge that
any breach of the warranties set out above as to
the manner or purpose of your use of the Web Site
may cause us to incur damage or loss and you agree
fully to indemnify us and to keep us indemnified
at all times against all claims, third party liabilities,
costs, actions, proceedings, demands, losses, damages,
expenses, legal fees and disbursements incurred
or sustained by us, including consequential losses,
arising out of your use of the Web Site (or, in
the case of Account Holders, that of any other person
to whom you have given your password or otherwise
authorised or permitted to access our Web Site using
your username).
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| Storage of Your Information |
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When you make submissions
to Goan Paradise, and when you sign up as an Account
Holder, we collect information about you. The information
that we collect is stored for our purposes only.
We respect your personal data and are committed
to protecting your privacy and we take all reasonable
steps to keep your details safe. We will not share
your information with others without your prior
consent. However, if you provide us with your e-mail
address we may use it to supply you with information
about Goan Paradise including but not limited to
news about travel offers and changes to our Web
Site. While we will not normally pass on your details
to anyone else, we reserve the right to disclose
any material under our control, including personal
data about you, to a relevant person or authority
if you breach these Terms and Conditions of Use
and/or when required by statute, rule of law in
India or court order or when such disclosure is
requested by the police or other competent regulatory
authority or is necessary for the purpose of any
civil or criminal legal proceedings. You can read
our privacy statement at: http://www.goanparadise.com/PrivacyPolicy.php.
We may transfer the ownership of the web-site www.goanparadise.com,
and, as a result, transfer any information we hold
on you (or material you have posted) to the transferor
without notice to you.
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While we will take
appropriate action if notified of the inaccuracy
of data which is supplied on or through the Web
Site, any such data (including personal information)
may include inaccuracies and errors and omissions,
in respect of which we shall have no liability.
In particular, you may not rely upon the truthfulness
or accuracy of any statement submitted by a User
on or through the Web Site. You are solely responsible
for ascertaining or checking the truth or accuracy
of all such material and you agree to accept sole
responsibility for any decisions you may make in
reliance upon such material. We make no representations
or warranties as to the accuracy of such material
and disclaim any such implied warranties. Further
we make no representations or warranties as to the
suitability for minors of material available on
our Web Site.
Goan
Paradise and our suppliers and agents make no representations
or warranties about the reliability or suitability
of any software accessible on or through the Web
Site and disclaim any such implied warranties. We
will endeavour to maintain the operation of the
Web Site but from time to time we may need to suspend
it without notice in order to carry out maintenance
and improvements and we may be prevented from operating
by causes beyond our reasonable control (including,
without limitation, strikes; labour disputes; acts
of God; fire; flood; storm; war; riot; civil action;
malicious damage; compliance with any law, governmental
or regulatory order, rule, regulation or direction;
any act or omission of any government or other competent
authority; accident; equipment or services failure).
We do not accept responsibility for any interruptions
or failures in the Web Site.
We
are not responsible to you or anyone else for any
loss, direct, indirect, consequential, special or
general damages, liability, cost, disbursement or
expense incurred in connection with your use of
the Web Site or any software accessible through
the Web Site or any delay in accessing or inability
to access the Web Site or your reliance upon any
of its content.
Nothing
in these terms and conditions excludes or limits
our liability for any death or personal injury caused
by negligence on our part or liability for fraudulent
misrepresentation. .
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Advertisers and Registered
Users and their agents who submit material to us
for inclusion on the Web Site are solely responsible
for the content of such material, including ensuring
that it complies with all relevant legislation.
We accept no responsibility for the content of such
material, including, without limitation, any error,
omission or inaccuracy therein.
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| Complaints & Removal of Material |
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We take copyright,
defamation and other laws seriously. If you become
aware of any material on the Web Site that you believe
infringes your legal rights you should immediately
notify us about the material at the following e-mail
address: info@goanparadise.com. You must provide
us with enough information to identify the material
complained of and the nature and particulars of
your complaint and with your contact information
including a valid e-mail address at which you may
be contacted. We will use our best endeavours to
investigate all complaints as soon as is reasonable
in the circumstances, and may at our sole discretion
take remedial action including but not limited to
removing the material in question. Depending on
what action if any we decide to take, we may contact
you to explain our decision but we are not obliged
to do so.
If,
for whatever reason, you wish to request the removal
of your own submission from the Web Site, you should
contact us with details of the submission in question
at the following e-mail address: info@goanparadise.com.
If your request is urgent then you must tell us
why. We will always use our best endeavours to comply
with removal requests within a reasonable time taking
account of the circumstances. However, non-urgent
requests for removal may take up to 120 days.
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We reserve the right
to suspend, restrict or terminate your use of the
Web Site or any portion thereof at any time and
without notice in the event of:
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any
breach by you of these Terms and Conditions
of Use;
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the
use of your password by any person other than
you;
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any
other act which we consider, in our sole discretion,
to be a misuse or abuse of the Web Site;
You may terminate your
use of the Web Site at any time without notice.
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| Governing Law & Jurisdiction |
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This agreement and
the operation of and facilities provided by the
Web Site are governed by Indian law. You hereby
irrevocably consent to the exclusive jurisdiction
of the Indian courts in all claims or disputes arising
out of your use of the Web Site.
If
any part of the agreement between us is found by
any competent authority to be invalid or unenforceable,
this will not affect the validity and enforceability
of the remainder of the agreement, which shall continue
in effect.
Any
delay or failure by us in enforcing any right under
this agreement is not a waiver of that right and
will not prevent that right or any other right or
remedy from being exercised or enforced by us.
This
document constitutes the entire agreement between
the User and Goan Paradise with respect to use of
Goan Paradise Web Site and supersedes all prior
agreements between us if any.
Nothing
in this contract is intended to confer any rights
on any third parties. .
Any
material found on the pages of www.goanparadise.com,
including text or images may not be copied, reproduced,
republished, downloaded, posted, broadcast or transmitted
in any way except for your own personal non commercial
use.
You agree to use this site only for lawful purposes,
and in a manner which does not infringe the rights
of, or restrict or inhibit the use and enjoyment
of this site by any third party.
We may decide to change the terms & conditions
at any time and if we do so those changes will be
written into this page. It is the responsibility
of users to be aware of the terms & conditions
in case there are any changes. Writing the changes
in here is our obligation, keeping an eye on them
is yours. Continuing to use the site after a change
has been made is your acceptance of the changes.
If you do not agree to these Terms and Conditions
in full then you must log out of our web site immediately.
These Terms and Conditions apply every time you
log onto our web site
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