Terms and Conditions |
Privacy Policy |
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Last Updated: July 21, 2008 The submission of information to, and use of, the real estate information services (collectively, the "Service") available through the Alnoor web site (located at http://www.alnoorpakistan.com) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). BY SUBMITTING INFORMATION to, or accessing information from, the Service, YOU, the end user customer ("Customer") AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and Alnoor, Inc. ("Alnoor Associates" or the "Company"). You also agree to the Alnoor Listing Policy & Guidelines (the "Listing Policies") available by hyperlink at the top of this page. If you do not agree to these Terms and Conditions and to the Listing Policies, do not submit information to, or access information from, the Service. All questions concerning this Agreement should be directed to webmaster@alnoorpakistan.com. Alnoor may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the Alnoor website. GENERAL PROVISIONS Membership Privileges Membership privileges are granted by Alnoor to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the Alnoor web site without express written permission from Alnoor. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of Alnoor. Alnoor requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the Alnoor system. Members are not permitted to share their individual logon information with others. Alnoor has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the Alnoor website, or abuses their rights related to the Alnoor service. Upon registration, which is free, Customer becomes a Basic Member. A Basic Member may search the Alnoor property listings Service, and will receive a subset of results of the available properties matching the Customer's designated search parameters. Alnoor utilizes email as a vital and primary communication channel with customers. As a registered user, Customers hereby acknowledge and grant Alnoor the permission to communicate with customers via email (as well as other communication channel such as phone and fax) for any purposes Alnoor determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. Alnoor will use best efforts to honor Customer's request to opt out of marketing messages, but under no circumstances will Alnoor have any liability for sending any email to its registered users/customers. Submission and Administration of Listings Customer agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each Property's data to Alnoor unless the Customer has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Property on the Customer's website or on Alnoor's website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the Alnoor website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Customers who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Customer who repeatedly or knowingly violates this Agreement. Customer agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on the Alnoor website. Additionally, the Customer 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 Customer's website or the Alnoor website. The Company shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on the Alnoor website and Company shall have the right to modify the property listing in the exercise of its rights under this Agreement. The Customer (a) represents and warrants that all Properties and associated information provided by the Customer will be accurate; (b) agrees that the Customer will not permit the posting of a property on the Alnoor system under a name other than the named licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Properties provided by the Customer and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the Customer's website or on the Alnoor website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Customer. While the Company shall take all reasonable efforts for data backup and business resumption, the Customer will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to Alnoor. Alnoor may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. Use of Information Customer agrees to treat all information obtained from the Service, including listings, member directory, historical transaction information ("RecentSales"), and any information otherwise made available to Customer in the Service (individually and collectively, the "Content") as proprietary to Alnoor. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Alnoor. Alnoor does not ensure the accuracy of, endorse or recommend any Content and Customer uses such Content at the Customer's own risk. Customer may access the active property listings in the Service and/or the RecentSales information solely to obtain initial information from which further evaluation and investigation may commence. Alnoor Rates, Price Alerts, Investment Market Reports and other similar information, reports and services (individually and collectively "Alnoor Market Reports"), the Service, and any and all Content offered by Alnoor to Customer ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY Alnoor, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. Customer shall limit access to and use of active property listings, member directory, Alnoor Market Reports, and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the Alnoor Service as part of any effort to compete with Alnoor, including without limitation using the Alnoor Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential Alnoor customer, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the Alnoor Service. Customers violating these specific terms, specifically those customers searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership and will be assessed an excessive use fee of PKR 30,000 Unsolicited Commercial Email (Spam) Alnoor prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). Customers may not use the Email The Broker, Email a Friend service or other email services that Alnoor offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Alnoor has the right to revoke the privileges of any customer or company that breaches these terms. Ownership and License Grant Alnoor retains all rights (including Intellectual Property Rights as defined below), title and interest in the Alnoor Web site, Email Alert (formerly PropertyAlert) database, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Alnoor's technology or delete or alter author attributes or copyright notices. Customer shall use the Alnoor system solely for their own use and shall not allow others to use the Alnoor system under or through that Customer's login ID/email and password. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired. Limitation of Liability and Indemnification IN NO EVENT SHALL Alnoor BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Customer's exclusive remedy. Alnoor (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer's use of the Deliverables, and Customer shall indemnify Alnoor (and Alnoor's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than Customer arising from Customer's use or application of the Services or the Deliverables. Warranty Disclaimers THE LISTINGS, SERVICE, PRICE ALERTS (RATES), AND Alnoor MARKET REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Alnoor MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, PRICE ALERTS (RATES), OR Alnoor MARKET REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND Alnoor SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE PAKISTAN, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. Links to Third Party Sites This web site may contain hyperlinks to other web sites operated by parties other than Alnoor Associates. and its subsidiaries which are beyond Alnoor's control. Parties other than Alnoor may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use Alnoor's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the Alnoor site. Alnoor does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Alnoor does not assume any liability for the actions, product, and content of all of these and any other third parties. Alnoor makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the Alnoor site, the site you will land on is not controlled by Alnoor and different terms of use and privacy statements may apply. Alnoor also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto. Other Rights of Alnoor Associates. Customer agrees that Alnoor shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by Alnoor customers and partners. Alnoor shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. Alnoor shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. Alnoor reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on Alnoor's corporate web site, located at http://www.Alnoorpakistan.com. Copyright Complaints If you believe that your work has been copied onto Alnoor in a way that constitutes copyright infringement, please provide Alnoor's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Alnoor that your copyrighted material has been infringed.
webmaster@alnoorpakistan.com Governing Law This Agreement, and the Deliverables provided by Alnoor, shall be governed by the laws of Pakistan, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Pakistan for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect. Notices All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at Alnoor. Entire Agreement The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement. |
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Terms and Conditions for Deals/Transactions
By registering & placing listings at www.alnoorpakistan.com, Customers(i.e., Owners, Buyers, Estate Agents)
of www.alnoorpakistan.com are Ethically bound to the following Terms and Conditions related to ("Deal/Transaction i.e., Completion of sale of Property Unit (house, plot, shop etc.)"):
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