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Terms and Condition

Terms and Conditions

newrealestate 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 newrealestate, 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 newrealestate. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( info@newrealestate.com ).


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

If you utilize newrealestate in a manner inconsistent with these terms and conditions, PEIL 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 newrealestate (whether on a paid or free basis), and to whom the access to newrealestate is restricted by the use of a sign in user name and a password. The user name and password are either allotted by newrealestate or chosen by the Subscriber or agreed upon by newrealestate. It is made abundantly clear that only the authorized User has the right to access the Services so offered by newrealestate.
The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by newrealestate, without the need or a requirement to create an account i.e. visits non-restricted portions of newrealestate. The use and access to newrealestate shall be subject to these terms and conditions.
The use and access to newrealestate 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 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of newrealestate, and expressly so with respect to respecting the intellectual property rights of the PEIL, 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 newrealestate on the internet through which the user may access information carried by newrealestate in the database maintained by it. The terms would also include to mean 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 newrealestate acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
The term RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535) as amended read with any rules or regulations that might be framed thereunder.
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 newrealestate 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 newrealestate. Similarly, newrealestate doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers,
which are strictly in the nature of sale of space by newrealestate & it has not carried out any independent verification on the authenticity or compliance requirements,
as may have been required under any law for the time being in force, of such images/ banners/ listings. In case a User is covered under the RERDA, it shall have to ensure adherence of all compliance necessary, including but not limited to obtaining the necessary registrations etc.
The User shall disclose all material information in respect of their registrations under RERDA and all such property(s) submitted including the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not.
The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, PEIL may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time.
The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. PEIL may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition,
PEIL may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. PEIL will,
in its sole discretion,
terminate the accounts of,
and refuse Service to,
any User who repeatedly or intentionally violates these terms and conditions.
Additionally, the User agrees to allow the Property listing,
or any part of it, to be searched, displayed, accessed, downloaded, copied,
and otherwise referred to by users of the User's website or the newrealestate website.
PEIL shall have the sole authority to choose the manner in which any Property will be searched,
displayed, accessed, downloaded, copied, and otherwise used on newrealestate and
PEIL shall have the right to modify the property listing in the exercise of its rights under
these terms and conditions. In addition to the terms aforementioned the User agrees
(a) to represent and warrant that all Properties and associated information provided by the User will be accurate; (b) that the User will not permit the posting of a property on newrealestate under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
PEIL shall place the information relating to properties at defined sections of newrealestate or such other mirror or parallel site(s). PEIL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's website or on newrealestate without notice. PEIL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While PEIL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to newrealestate.
Users, who are buying/renting property/properties through newrealestate, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
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 newrealestate. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of newrealestate. newrealestate 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,
RESTRICTIONS/ PROHIBITIONS
You hereby expressly agree not to: (a) Utilise the Services offered by newrealestate in any manner so as to impair the interests and functioning of PEIL/newrealestate and which is non-compliant with laws and regulations including RERDA.
(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 newrealestate, 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 newrealestate except as permitted;
(g) Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc. on newrealestate to any other system. No reproduction of any part of newrealestate may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or newrealestate, whether in hard copy or electronic format, including postings to any other newrealestate; or
(h) Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from newrealestate or link to newrealestate, without our express written consent.
(i) The user shall not utilise the Services offered by newrealestate in any manner so as to impair the interests and functioning of PEIL/newrealestate. The user undertakes not to duplicate, download publish, modify and distribute material on newrealestate.com unless specifically authorised by PEIL in this regard. The user undertakes not to establish any deep link or other connection to any specific page of newrealestate other than the Home Page without obtaining prior consent of PEIL. PEIL 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 authorised in writing.
(j) users undertake that the Services offered by newrealestate shall not be utilised to upload, post, email, transmit or otherwise make available either directly or indirectly, unsolicited bulk e-mail or unsolicited commercial e-mail. PEIL 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 PEIL to relay emails. All attempts shall be made by PEIL and the user to abide by International Best Practices in containing and eliminating Spam. The User / subscriber / visitor to newrealestate 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, 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;
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 or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of Pakistan, 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. Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
newrealestate may provide links to other third-party World Wide Web sites or resources.
PEIL makes no representations whatsoever about any other Web site you may access through newrealestate.
LINKS TO THIRD PARTY WEB SITES
newrealestate is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000.
THE CONTENT OF newrealestate IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
PEIL 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 newrealestate.
Views expressed by the Users are their own, PEIL 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.
PEIL does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
PEIL offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display.
Any payments made to PEIL/newrealestate 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.
PEIL 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 PEIL or any of its Affiliates. Further, nothing contained in newrealestate should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and PEIL makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
newrealestate is controlled and operated from Pakistan and PEIL makes no representation that the materials are appropriate or will be available for use in other parts of the World.
If you use newrealestate from outside Pakistan, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
PEIL offers products, Services, content and various other functionalities through newrealestate 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. PEIL 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 newrealestate 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 PEIL intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
PEIL will not be liable for any damages of any kind arising out of or relating to the use or the inability to use newrealestate, 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. PEIL 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. PEIL 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 PEIL (service provider) is to provide access of its on-line 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 PEIL.
TERMINATION
PEIL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to newrealestate (or any part thereof) for any reason, including, without limitation, that PEIL based on its judgement 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 newrealestate 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 user name and/or password.
You agree to defend, indemnify, and hold harmless, PEIL 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 newrealestate material or your breach of these terms and conditions or any applicable law.
PEIL will not be party to any legal proceedings between parties contracted through these Services. In case PEIL is sought to implicated in any legal proceedings, costs will be recovered from the party that names PEIL as a party to such proceedings.
PEIL shall abide with any court order served on it through due process.
PRIVACY POLICY
The user of newrealestate is subject to newrealestate Privacy Policy (https://www.newrealestate.com/privacy.php) .
ARBITRATION
If any dispute arises between a user/users and PEIL 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 PEIL.
Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Karachi.
The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
SEVERABILITY OF PROVISIONS
THIS AGREEMENT between you and PEIL governs your use of newrealestate. If any provision of these newrealestate 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 PEIL 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.
GOVERNING LAW
By accessing newrealestate you agree that the laws prevailing in Pakistan shall be the governing laws in all matters relating to newrealestate as well as these terms and conditions.
JURISDICTION
Courts at , Pakistan alone shall have the exclusive jurisdiction in all matters relating to newrealestate and these terms and conditions, irrespective of the territory and jurisdiction of your access to newrealestate.
PEIL does not routinely monitor your postings to the web site but reserves the right to do so.
However, if PEIL becomes aware of an inappropriate use of newrealestate or any of its Services, PEIL will respond in any way that, in its sole discretion, PEIL deems appropriate.
You acknowledge that PEIL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, PEIL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
VIOLATIONS
Please report any violations of these terms and conditions to PEIL at info@newrealestate.com