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The PC Realty Terms of Service

The PC Realty (referred to as “we”, us”, “ThePCRealty”) is the author and publisher of the internet resource www.thepcrealty.com and its sub domains including (together referred to as “Websites”) on the world wide web as well as other connected software and applications provided by ThePCRealty, and together with Websites referred to as “Services”). ThePCRealty provides the Services in partnership with its agents, affiliates, associates, representatives or other third parties (together referred to as “Partners”)

1. APPLICABILITY OF TERM


Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://thepcrealty.com/privacy (“Privacy Policy”) before you decide to access the Website or avail the Services made available by us. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and ThePCRealty in connection with your visit to the Website and your use of the Services (as defined below). The Agreement applies to you whether you are a patient, his/her representatives/ attendant/ relative/ friend or affiliates or simply a user of the Website (“you” or “User”).

 

1.1 ThePCRealty offers commercial real estate services where Users may meet or/and interact with buyers or sellers for their transactions. Service Providers shall regularly update their list of services and/or properties that can be provided to patients through the ThePCRealty. They may also provide the property seller’s facilities pictures, videos, contact person’s details, location, sales details, product prices, etc to be viewed by the user on the Website. The Company hereby clarifies and the User agrees and understands that the Company is only an aggregator/Information Provider for prospective users and other potential customers looking to buy or sell real estate of various kinds and will not be liable for any services or lack of them by the associated parties.

 

1.2 ThePCRealty shall not be responsible and shall not be required to mediate or resolve any dispute or disagreement between any associated parties. In no event, shall the ThePCRealty be made a party in disputes between buyer(s) and seller(s).

 

1.3 This Agreement applies to all listings made available by ThePCRealty on the Website. The listings may change from time to time, at the sole discretion of ThePCRealty, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.


1.4 This Agreement defines the terms and conditions under which you are allowed to use the Website and describes how we shall treat your account while you are availing a service through us. If you have any questions about any part of the Agreement, feel free to contact us at [email protected].


1.5 By downloading or accessing the Website to use the Services, you irrevocably accept all the terms and conditions stipulated in this Agreement and agree to fully abide by them.

 

1.6 This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your agreement and acceptance to this Agreement.


1.7 We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time.

1.8 You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or particular Service are also considered as part of the Agreement.

1.9 You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

2. CONDITIONS OF USE


You must be 18 years of age or older to use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to ThePCRealty that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

 

Users shall not distribute, exchange, modify, sell or transmit anything you copy from the Website/Application, including but not limited to any text, images, audio, and video, for any business, commercial or public purpose.

 

3. END-USER ACCOUNT AND DATA PRIVACY

 

3.1 The terms “personal information” is defined and is reproduced in the Privacy Policy.

 

3.2 ThePCRealty and its Partners may by the virtue of their services, collect information relating to the devices through which you access the Website, location from which you access and anonymous data of your usage. The collected information will be used only for improving the quality of the services and to build new services.

 

3.3. The Website and/or App may allow ThePCRealty and its Partners to have access to Users’ email or phone number, for communication and analytics.

 

3.4 The Privacy Policy sets out, inter-alia::


  1. The type of information collected from Users, including personal data or information;

  2. The purpose means and modes of usage of such information;

  3. How and to whom ThePCRealty will disclose such information; and,

  4. Other information mandated by the SPI Rules.

 

3.5 The User is expected to read and understand the Privacy Policy, to ensure that he or she knows of:


  1. the fact that certain information is being collected;

  2. the purpose for which the information is being collected;

  3. the intended recipients of the information;

  4. the nature of collection and retention of the information; and

  5. the various rights available to such Users in respect of such information.

 

3.6 ThePCRealty and its Partners shall not be responsible in any manner for the authenticity or correctness of the personal information or sensitive personal data or information supplied by the User to ThePCRealty or any other person acting on behalf of ThePCRealty or its Partners.

 

3.7 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ThePCRealty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ThePCRealty has the right to discontinue the Services to the User at its sole discretion.

 

3.7 ThePCRealty and its Partners may use such information collected from Users from time to time to debug customer support related issues.

 

3.8 ThePCRealty may now or in the future provide Services where you may be able to converse with ThePCRealty, its authorized representatives, or similar stakeholders via online chat, text messages, video call or voice call. When you choose this option, the records of such conversations, calls or exchanges may be recorded and stored in ThePCRealty’s or its Partners servers. Such records are dealt with only by the terms of the Privacy Policy. ThePCRealty and its Partners accept no liability if you choose to use such a facility which is not in accordance with the privacy policy.

 

3.9 The contents listed on the Website are either (i) User generated content, or (ii) belong to ThePCRealty. The information that is collected by ThePCRealty directly or indirectly from the End- Users and service providers shall belong to ThePCRealty. Copying of the copyrighted content published by ThePCRealty on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and ThePCRealty reserves its rights under applicable law accordingly.

 

3.10 ThePCRealty authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, “ThePCRealty Content”), are the property of ThePCRealty and are protected under copyright, trademark and other laws. Users shall not modify the ThePCRealty Content or reproduce, display, publicly perform, distribute, or otherwise use the ThePCRealty Content in any way for any public or commercial purpose or for personal gain.

 

3.11 Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

 

3.12 By using this Website, you agree that any information shared by you with ThePCRealty or with any service provider will be subject to our Privacy Policy.

3.13 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to service providers. The role of ThePCRealty in publishing Critical Content is restricted to that of an ‘intermediary’. ThePCRealty disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. ThePCRealty shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
Your publication of reviews and feedback on the Website is governed by Clause 5 of these Terms. Without prejudice to any other terms, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. ThePCRealty, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law.

 

3.14 You agree that ThePCRealty may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:


  • Obtaining feedback in relation to Website or ThePCRealty’s services; and/or

  • Obtaining feedback in relation to any service provider; and/or

  • Resolving any complaints, information, or queries by service provider regarding your Critical Content;

and you agree to provide your fullest cooperation further to such communication by ThePCRealty. 

 

3.15 ThePCRealty’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

3.16 ThePCRealty uses industry–level security and encryption. However, ThePCRealty does not guarantee to prevent unauthorized access to your information. In the event you are aware of any unauthorized use or access, you shall immediately inform ThePCRealty of such unauthorized use or access. Please safeguard your credentials and report any actual suspected breach of information to [email protected].

4. LISTING CONTENT, THIRD PARTY LINKS AND DISSEMINATING INFORMATION

 

4.1 ThePCRealty collects, directly or indirectly, and displays on the Website, relevant information regarding services offered on the Website. ThePCRealty takes reasonable efforts to ensure that such information is updated at frequent intervals however ThePCRealty cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

 

4.2 The Services provided by ThePCRealty or any of its licensors or Partners are provided on an ‘as is’ and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). ThePCRealty and its partners do not provide or make any representation, warranty or guarantee, express or implied about the Website, the Services. ThePCRealty and its Partners do not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, ThePCRealty and its Partners disclaim all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by ThePCRealty or its Partners or any User in relation to any User or services provided by such User.

 

4.3 ThePCRealty may at the Company’s sole discretion, contain links to sites owned and maintained by persons or entities other than ThePCRealty. ThePCRealty may also provide links to the other sites for the purpose of enabling the User to make payment to the Company. Any of the foregoing links do not constitute an endorsement by the Company of any such sites and are provided only as a convenience. ThePCRealty is not responsible for the content or links displayed on such sites. ThePCRealty is not responsible for the privacy practices of such sites we do not own, manage or control. ThePCRealty does not regularly review and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this Website/ Application may be linked and ThePCRealty shall not be responsible for any deficiency thereof. ThePCRealty does not endorse any or all of the materials, Services, and services available on such linked sites, and the Company expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of User and is made at User’s own risk.

 

4.4 ThePCRealty and its Partners assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, the User’s sole remedy is to discontinue using the Website.

 

4.5 If ThePCRealty determines through feedback or otherwise that you have provided fraudulent, inaccurate, incomplete or false information, ThePCRealty reserves the right to immediately suspend your access to the Website or any of your accounts with ThePCRealty and makes such declaration about suspension on the website alongside your name as determined by ThePCRealty for the protection of its business and in the interests of Users. You shall be liable to indemnify ThePCRealty and its Partners for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected ThePCRealty, its Partners or its Users.

 

4.6 While ThePCRealty will try to ensure a confirmed appointment with the parties involved for a User who requested an appointment on the Website, ThePCRealty or its Partners do not guarantee that the User will get a confirmed appointment. Further, ThePCRealty and its Partners have no liability if such an appointment is confirmed but later canceled, postponed or rescheduled.

 

4.7 ThePCRealty or its Partners may provide value-added services that connect Users directly to the other parties via video call, voice call, text message, online chat or other electronic means and the information exchanged between the Users could be stored and used by the Privacy Policy. However, it is at the discretion of the User, to avail such Service if it is available.

 

4.8 You understand and agree that any interactions and associated issues with other Users including but not limited to your transaction and your experiences are strictly between you and the other Users. You shall not hold ThePCRealty or its Partners responsible for any such interactions and associated issues and ThePCRealty will not be held responsible or liable for the same. If you decide to engage in a real estate transaction with another party through The PC Realty, you do so at your own risk. ThePCRealty or its Partners shall not be responsible for any breach of service or service deficiency. We advise you to perform your investigation or get feedback before deciding your transaction.

 

4.9 Without prejudice to the generality of the above, ThePCRealty or its Partners will not be liable for:


  1. any wrong information shared by the buyer(s) or seller(s), the bank, or any other parties involved;

  2. any type of inconvenience suffered by the User due to a failure on the part of the buyer(s), or seller(s);

  3. cancellation or rescheduling of booked appointment or any variance in the other charges; that might occur after the transaction whom the User has selected based on the information available on the Website or with whom the User has booked an appointment or performed a transaction through the Website or offline.

 

4.10 Further, ThePCRealty shall not be liable, under any event, for any comments or feedback given by any of the Users about the services provided by another User. All such feedback should be made by applicable law. The option of Users to give feedback remains at ThePCRealty’s sole discretion and may be modified or withdrawn at its sole discretion. ThePCRealty may moderate such feedback at any time. ThePCRealty shall not be obliged to act in any manner to give effect to the content of Users’ feedback.

 

4.11 Please note some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals buying or selling a property. The provision of such Information does not create a licensed relationship between ThePCRealty and you and does not constitute an opinion, of any particular condition, but is only provided to assist you with making appropriate decisions.

 

4.12 It is hereby expressly clarified that the Information that you obtain or receive from ThePCRealty, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. In no event shall ThePCRealty be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

 

5. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

 

5.1 The contents listed on the Website are:


  1. User generated content, or

  2. Belong to ThePCRealty and its Partners.


5.2 The information that is collected by ThePCRealty directly or indirectly from the Users shall belong to ThePCRealty and its Partners. Copying of the copyrighted content published by ThePCRealty or its Partners on the website for any commercial purpose or to earn profit will be a violation of copyright and ThePCRealty and its Partners reserve their rights to take action under applicable law accordingly.

 

5.3 ThePCRealty authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering, sharing, storing and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, ‘ThePCRealty Content’), are the property of ThePCRealty or its Partners and are protected under copyright, trademark and other applicable laws. Users shall not modify the ThePCRealty Content or reproduce, display, publicly perform, distribute, or otherwise use the ThePCRealty Content in any way for any public or commercial purpose or personal gain.

 

5.4 Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

6. REVIEWS AND FEEDBACK


6.1 By using this Website, you agree that any information shared by you with ThePCRealty or with any other person, or anyone else using the Website, Services will be subject to our Privacy Policy.


6.2 You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”). The role of ThePCRealty in publishing Critical Content is restricted to that of an ‘intermediary’. ThePCRealty disclaims all responsibility concerning the content of Critical Content, and its role concerning such content is restricted to its obligations as an ‘intermediary’. ThePCRealty shall not be liable to pay any consideration to any User for re-publishing any content across any of its or its Partners platforms.


6.3 Your publication of reviews and feedback on the Website is governed by “RIGHTS AND OBLIGATIONS RELATING TO CONTENT” clause stated hereinafter. Without prejudice to the detailed terms stated in said clause, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. ThePCRealty, at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and by above mentioned clauses of these Terms. You agree that ThePCRealty may contact you through telephone, email, SMS, or any other electronic means of communication for:


  1. Obtaining feedback about Website, ThePCRealty’s services; and/or

  2. Obtaining feedback about experience for your transaction; and/or

  3. Resolving any complaints, information, or queries regarding your Critical Content or transaction;

 

and you agree to provide your fullest cooperation further to such communication by ThePCRealty.

 

7. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

 

7.1 ThePCRealty hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:


  1. belongs to another person and to which the User does not have any right to;

  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;

  3. harm minors in any way;

  4. infringes any patent, trademark, copyright or other proprietary rights;

  5. violates any law for the time being in force;

  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;

  7. impersonate another person;

  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  9. 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.

 

7.2 Users are also prohibited from:


  1. Violating or attempting to violate the integrity or security of the Website, any ThePCRealty Content;

  2. Transmitting any information (including job posts, messages, and hyperlinks) on or through the Website that is disruptive or competitive or prejudicial to the provision of Services by ThePCRealty;

  3. Intentionally submitting any incomplete, false or inaccurate information;

  4. Making any unsolicited communications to other Users;

  5. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

  6. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

  7. Copying or duplicating in any manner any of the ThePCRealty Content or other information available from the Website;

  8. framing or hotlinking or deep linking any ThePCRealty Content;

  9. Circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

 

7.3 ThePCRealty or its Partners, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or of being notified by the appropriate Government or its agency that the Website is being used by the User to commit any unlawful act and/or is being used in violation of the above clauses, shall be entitled to remove or disable access to the material or information that is in contravention of the above clause.

 

7.4 ThePCRealty is entitled to act, within thirty-six hours of obtaining such knowledge and, where applicable, work with Users to disable such information that is in contravention of applicable law. ThePCRealty shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.

 

7.5 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, ThePCRealty has the right to immediately terminate the access or usage rights of the User from ThePCRealty and to remove non-compliant information from the Website.

 

7.6 ThePCRealty may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. ThePCRealty will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.

8. INTELLECTUAL PROPERTY RIGHTS

 

8.1 ThePCRealty respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights. The contents of the Website and App are protected by intellectual property laws of India including without limitation to trademark and copyright laws. Reproduction, retransmission, public and/or commercial use of any or all the material on the Website and App are prohibited. The logos, service marks and trademarks (‘IP Marks’) displayed on the Website are the property of ThePCRealty or its Partners or have been licensed to ThePCRealty or its Partners by the relevant owners for use. The User may use this material only as expressly authorized by ThePCRealty or its Partners and shall not copy, transmit or create derivative works of such material without express authorization from ThePCRealty or its Partners.

 

8.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or another proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. Nothing on the Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks without written permission from ThePCRealty.

 

9. TERMINATION

 

9.1 ThePCRealty reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,


  1. Such User breaches any terms and conditions of the Agreement;

  2. A third party reports violation of any of its right as a result of your use of the Services;

  3. ThePCRealty is unable to verify or authenticate any information provide to ThePCRealty by a User;

  4. ThePCRealty has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

  5. ThePCRealty believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for ThePCRealty or are contrary to the interests of the Website.

 

9.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same name, a different name or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any services the User has rendered in order to comply with the User’s record keeping process and practices.

10. DISCLAIMER OF WARRANTIES

 

10.1 All information available on the Website, (the “Information”) is provided on the condition that the User will make an independent determination in respect of its accuracy, completeness or usefulness suitability before use or making any decision for any loss or damage in reliance hereof. ThePCRealty and its Partners will not be responsible for the same. Further ThePCRealty and its Partners will not be responsible or liable in any manner for any data added, provided, stored or managed by the User including all personally identifiable information.

 

10.2 The Information does not constitute an invitation or recommendation to take medical services from ThePCRealty or its Partners from its association with JDRF or Children’s Miracle Network nor is such Information a substitute for professional advice or solicitation in respect of medical services/ products or recommendations thereof. ThePCRealty urges the Users to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other information.

 

10.3 All information on the Website is provided to you ‘as is’ without warranty of any kind either express or implied including, but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. In no event shall ThePCRealty or its Partners be liable for any special, direct, indirect or consequential damages or any damages whatsoever resulting from loss, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information. All information available on a hyper-link site and any third party are subject to the terms and conditions of the legal notices contained therein.

 

11. LIMITATION OF LIABILITY

 

11.1 The information available on the Website could include inaccuracies or typographic errors. ThePCRealty has endeavored to ensure that all the information on the Website is correct, but ThePCRealty neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. ThePCRealty makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.

 

11.2 In no event shall ThePCRealty or its Partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the User’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall the Company be responsible for the delay or inability to use the Website, Services or any related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, ThePCRealty shall not be held responsible for non-availability or access to the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond ThePCRealty control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at his/her discretion and risk and the User himself/herself will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. ThePCRealty shall not be liable to the User for the above damages for more than an amount of CAD $1.00.

12. INDEMNITY

 

12.1 User agrees to indemnify and hold harmless ThePCRealty, its affiliates, officers, directors, employees, consultants, licensors, agents, representatives and Partners from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. ThePCRealty will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

13. RETENTION AND REMOVAL

 

13.1 ThePCRealty may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

 

14. APPLICABLE LAW AND DISPUTE SETTLEMENT

 

14.1 You agree that this Agreement and any contractual obligation between the ThePCRealty and User will be governed by the laws of Canada.

 

14.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in Canada, before a sole arbitrator appointed by ThePCRealty. The seat of such arbitration shall be Toronto, Ontario, Canada. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

 

14.3 Subject to the above Paragraph above, the courts at Toronto shall have exclusive jurisdiction over any disputes arising out of or about this Agreement, your use of the Website or the Services or the information to which it gives access.

 

15. CONTACT INFORMATION GRIEVANCE OFFICER

 

15.1 If a User has any questions concerning the Company, the Website, this Agreement, the Services, or anything related to any of the foregoing, please write to us at [email protected].

 

15.2 If you have any grievance concerning the Website or the Service, including any discrepancies and grievances concerning the processing of information, you can contact our Grievance Officer at [email protected].


15.3 In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

 

16. SEVERABILITY


16.1 If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

17. WAIVER

 

17.1 No provision of this Agreement shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by ThePCRealty. Any consent by ThePCRealty to, or a waiver by ThePCRealty of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

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