Terms Of Use

Before using this website, please carefully read these Terms of Use.  By using this Website you accept and agree to these Terms of Use and confirming that you have read understood and accepted these terms of use and is legally entitled to enter in this agreement. If you do not agree to these terms you may not use this website.

Introduction:

www.keralarise.com and/or any part thereof ("Website") is owned by Cubeq IT Pvt Ltd ("Site Owner").  Any person who accesses or use this Website, Registered or not, may referred as a ‘User’.  The User registered himself/herself with the Website for availing the services provided therein may refer as ‘Registered User’.  The Site Owner hereby grants the User a non-exclusive, non-transferable, limited license to use the Website, subject to the unconditional acceptance of the terms of use governing this Website.  The User hereby agrees to familiarize himself/herself with the Terms of Use as well as other terms and guidelines found throughout this Website and abide by them.  If the User is dissatisfied with the Website or any portion thereof, or with any of these Terms of Use, the User's sole remedy is to discontinue using this Website.

Service:

www.keralarise.com is a simple and clear free online classifieds.  We act as a venue to allow our users to offer, sell, and buy products and services listed on the Website.  Website is free of payment expect for some services and Site Owner is not liable for any online payment transactions conducted by the users without our information.  Users use the Service and the Website at your own risk. The User's use of this Website may be terminated at any time by Site Owner at the sole and absolute discretion of the Site Owner, without any reason or notice being required to be given to the User.  The User understands and agrees that Site Owner is a SERVICE PROVIDER and an INTERMEDIARY within the meaning of Sec. 79 of the Indian Information Technology Act, 2000 and that the Website merely provides hosting services to its Registered Users and viewing facilities to persons browsing / visiting the Website.  All the information posted therein has been posted by the Users and is third party user generated content.

Site Owner is not responsible for ads, directory information, business listings / information, messages between users or other means of electronic communication, whether through the Website or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings / information and directory information or any other material made available through the Website and the Service ("Content"), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Website be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, E-mailed or otherwise made available via the Service.

You acknowledge and agree that in accordance with law, Website cannot and does not pre-screen or approve any Content, but that the Site Owner has the right, in its sole and absolute discretion, to refuse, delete, edit or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to OLX’s knowledge or for any other reason or no reason at all. Furthermore, the Website and Content available through the Website may contain links to other third party websites ("Third Party Websites"), which are completely unrelated to Keralarise.com. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Site Owner makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Site owner disclaims all liability thereto.

You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it.  More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Website to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting the Content to Website, you hereby grant to Site Owner an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known.  These rights are required by Website in order to host and display your Content.  Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to the Website all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access you’re Content through the Website.  The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website.

Site Owner does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Site owner expressly disclaims any and all liability in connection with user Content.  Site owner does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Site owner may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another's intellectual property rights. Site owner reserves the right to remove any Content without prior notice. Site owner may also terminate a user's access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Site owner reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Site owner may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.

Premium Ads:

Website offers a service known as "Premium Ads" where users may pay a non-refundable fee to have their ads posted in selected locations on the Website, thus potentially increasing an ads' visibility. Fees accrues shall be payable at or within such time as stated in the invoice(s) issued by the Site Owner to the User. The 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 Fees accrued till the resolution of the dispute. In the event of Site Owner deciding the dispute in the User's favour, the Company shall refund to the User any excess amount paid by the User free of interest. In case of any delay in the payment by the User of any sums due, the Site Owner 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.

Limitation of liability:

The User agrees that Site Owner shall not be liable for any direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused by personal injury, loss of profits, use, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss) to the User or any third party resulting from the errors, mistakes, or inaccuracies of content, Personal injury or property damage, of any nature whatsoever, resulting from the User's access to and use of the Website, any unauthorized access to or use of the Website and secure servers, and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Website, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use by the User of any content posted, emailed, transmitted, or otherwise made available on the Website, whether based on warranty, contract, tort, or any other law, and whether or not the Site Owner is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. The Registered User specifically acknowledges that the Site Owner is only providing a platform at its absolute discretion to share certain information and shall not be liable for:-

User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the User.  The use or the inability to use the services provided by the Website.  The delivery or the inability to deliver the services provided by the Website.  The performance or the inability to perform the services provided by the Website.  Any costs or consequences resulting from the above acts/omissions or resulting from the access to, or alteration of User's transmissions or data.

The User further agrees that the Site Owner shall not be liable to the User or any third party for any damages arising from any error, interruption, suspension or termination of, or in, the Website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.

This Website may contain links to websites operated by parties other than the Site Owner, which will cause the User to leave this Website or have access to other websites. The User's use of each such other websites is subject to the terms of use and other terms and guidelines, if any, contained within each such other website. In the event that any of the terms contained herein conflict with the terms of use or other terms and guidelines contained within any such website, then the terms of use and other terms and guidelines for such other website shall prevail with regard to the use of the website. The linked websites are not under the control of the Site Owner and the Site Owner is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. The Site Owner is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Site Owner of the other website.

The User agrees that the Site Owner is not responsible for the accuracy, completeness or availability of information, content and materials found on other websites that link to or from the Website. The Site Owner cannot ensure that the User will be satisfied with any services that the User purchases from a third-party/ other website that links to or from the Website or third-party information, content or materials contained on this Website (including, without limitation, User-Generated Content contained in the Website).

The Site Owner does not invite, offer, recommend and/or endorse any of the information regarding any property/real estate including but not limited to the title of the owner, rates charged, amenities provided or quality of construction etc., nor has the Site Owner taken any steps to confirm the accuracy, completeness or reliability of, any information, content or materials contained on this Website or on any other third-party website. The Site Owner does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) the User might be requested to give to any third party. The User hereby irrevocably waives any claims against the Site Owner with respect to information, content and materials contained on the Websites (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials Users provide to such third party websites (including, without limitation, credit card and other personal information). The Site Owner strongly encourages the Users to make whatever investigation the User feels necessary or appropriate before proceeding with any online or offline transaction with any third party. Users are also strongly advised to independently verify the authenticity of any offers received by them. The Site Owner does not endorse investment in any of the projects and User's investments shall be entirely at the risk and responsibility of the User.

General:

The Site Owner reserves the absolute discretion to modify the Website or to amend / supplement any of these Terms Of Use at any time. The abovementioned amendments / supplements shall automatically become binding on the User, as soon as the said amendment or supplement is made to the Terms of Use, and is published on the Website.
The Site Owner may sub-contract and/or employ any affiliate to carry out any of its obligations under these Terms of Use. The Site Owner may transfer or assign its rights and obligations under this contract to any third party without requiring any consent of the Registered Users or any other Users. The Registered User agrees that his/her User ID and password shall be used by him / her alone and shall not be transferred / assigned or permitted to be used by any other person.

The User hereby grants 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 that may be required to display the listings.

The Website, these Terms of Use and the User's use of the Website is governed solely by Indian law irrespective of where the whole or any part of the data or Website may be physically located and without regard to conflict of law principles in other jurisdictions. Use of this Website is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of these Terms including without limitation, this paragraph. The Site Owner accepts no liability whatsoever, direct or indirect for non-compliance by the user with the laws of any country other than that of the Republic of India. The User agrees that the Courts in Thiruvananthapuram, Kerala, India, alone shall have jurisdiction with regard to any dispute between the User and the Site Owner excluding all other Courts anywhere in the world that may otherwise have had such jurisdiction.