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Saturday, November 22, 2008

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All fields are compulsory. Please check the Terms of Service given below

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Terms of Services

Terms and Conditions of Service 
1. INTERPRETATION 
1.1 In this document unless the context otherwise requires: "We" and "us" means Pinnacle India, owner of website PropertyCurry.com having its registered office at 953, Sector-15, Faridabad-121007, India, its successors and assigns, and all other entities involved in the provision of the Service; "The Price List" and "The Tariff Schedule" means the schedule of charges for the 
Service which we publish; "Contract " means the agreement between us and you incorporating these conditions, the registration form displayed and completed and the Price List; "Customer" means any person who avails the Service offered by us and includes a person who we reasonably believe is acting with the Customer's authority or knowledge; "You" means the Customer we make this Contract with. "Information" means the visual, audio, textual or other information published or otherwise made available (directly or indirectly) on the Internet using the Service; "The Internet" means the global data network comprising interconnected networks using TCP / IP ("Transmission Control Protocol/Internet Protocol"); "The Service" means the service provided by us vide website (PropertyCurry.com) and, where applicable, consulting and any 
Service and facilities which we provide and you use in connection with the Service and which are set out in the Price List and all fixes, updates and upgrades thereto. It is hereby clarified that "Service" in relation to you shall mean and cover only those services which you have specifically availed; "Prepaid subscriber" means a Customer who has purchased the Service from us, limited by 
time and amount, and paid us in advance for the Service; "Third Party Content" includes all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service; 
1.2 Our Price List contains explanations, notes and conditions, which form part of this Contract. 
1.3 These conditions as updated and amended by us from time to time, 
the Price List and the registration form displayed and completed shall form part and parcel of this Contract between you and us for the provision of the Service. Your use of the Service will constitute acceptance of any changes to these terms and conditions. 
2. PROVISION OF THE SERVICE 
2.1 We reserve the right to grant or not to grant the Service to a prospective customer subject to all material particulars being found correct on verification by us. 
2.2 We agree to provide you with the service on the terms and conditions of this Contract till the expiry of the specified access hours or the specified period from the date of registration, whichever is earlier. 
2.3 The prepaid subscriber acknowledges that no unused access time will be carried forward after the expiry of time limit or 
after the expiry of amount paid by prepaid subscriber, whichever is earlier. 
2.4 The Service is supplied for decent and lawful purpose only and without any express or implied 
warranties whatsoever. 
2.5 You agree that you shall give us in writing any information required as per statutory requirement for use of the Service as 
notified to you from time to time. 
2.6 The Service is provided on an "AS IS and AVAILABLE" basis without warranties of any kind, either express or implied, 
including but not limited to warranties of title, non-infringement or implied 
warranties of merchantability of fitness for a particular purpose. No advice or 
information given by us, our affiliates or their respective employees shall 
create a warranty. Neither us nor our affiliates warrants that the Service will 
be uninterrupted or error free or that any information, software or any other 
material accessible on the Service is free of viruses, worms, Trojans horses or 
other harmful components. 
2.7 The Service, user id and passwords remain our exclusive property, you being licensed only during sustenance of this contract 
to use it to obtain access to the Service. At the end of the contract the right 
to use the Service, user id and passwords ceases. 
2.8 PropertyCurry.com reserves the right to amend, modify or delete any user id, email id and password at any point 
of time without attributing any reason whatsoever. 
3. CHARGES 
3.1 You acknowledge and agree that you will pay us the initial sign up fee or yearly 
fee and other charges as and when they fall due as may from time to time be 
notified to you by us in accordance with this Contract. You also agree to pay 
all applicable statutory taxes, levies, cesses and the like relating to the use 
of the Service by you. 
3.2 We shall not credit or refund any amount to you when the Service is 'down' or suspended. 
3.3 We reserve the right to revise the charges, Price List, Tariff Schedule and security deposit for the Service from 
time to time at our discretion, which will be binding on you. 
3.4 We will invoice you on a periodic basis and through post, courier, electronic mail or 
facsimile transmission will send such invoice to you. 
3.5 Payment is due on the due date mentioned on the invoice. All charges must be paid in full without any 
deduction, setoff or with holding. If you do not pay the amount due by the due 
date, we will charge interest of 2% per month on the outstanding amount until 
the outstanding amount has been paid in full by you in addition to any fine and 
/ or penalty provisions as may be invoiced to you or charged to you by us from 
time to time. In case the sum of the outstanding bill amount and unbilled amount 
exceeds your security deposit, bill payment is to be made immediately and not by 
due date. 
3.6 It will be your responsibility to inquire about your outstanding 
and in case of non-receipt of bill you have to contact us and pay the amount due 
by the due date. We reserve the right to withdraw, suspend, terminate the 
Service partially or fully in case of nonpayment of invoice by the due date or 
in case your usage exceeds the security deposit / credit limit assigned to you 
and we demand payment which is not made. 
3.7 Where a security has been required to be paid by you, we are entitled to retain it and apply it as we decide in 
full or partial satisfaction of any sums due from you to us. On termination of 
this contract, provided all sums payable to us have been duly paid, the balance 
(if any) of the deposit will be repaid to you without any interest on deposit. 
3.8 All the terms and conditions of the Tariff plans and payments shall be 
notified by us from time to time by way of Tariff schedules and shall be binding 
on you. All the subsequent Tariff schedules/ manuals/booklets etc., issued by us 
from time to time shall be binding on you. 
4. USE OF THE SERVICE 
4.1 You will not directly or indirectly reproduce, distribute, publish, copy, download or 
otherwise exploit any Third Party Content which is protected by copyright or 
similar rights unless you own or control the relevant rights thereto or have 
obtained all the requisite licenses and approvals. 
4.2 For the purposes of the legal provisions or otherwise, you further acknowledge, agree and authorize us 
to access, copy, amend or delete any Third Party Content uploaded or otherwise 
provided by you through the use of Service where any such Third Party Content or 
content is, or is alleged to be, defamatory, in breach of copyright, illegal or 
is otherwise not appropriate in our sole opinion to be accessed or otherwise 
provided by or through the use of the Service. 
4.3 You are required to ensure that objectionable or obscene messages or communications, which are inconsistent 
with the established laws of the country, are not made by you. You understand 
further that the Internet contains unedited material, some of which is sexually 
explicit or may be offensive to some people. Your access to such material will 
be at your own risk. We have no control over and accept no responsibility 
whatsoever for such materials. 
4.4 You are responsible for and must provide all telephone and other equipment necessary to access the Service. We reserve the 
right to disconnect or deactivate your equipment or account at anytime without 
prior notice including in situations where the equipment or account is 
interfering with our other Service. You must comply with our requirements as 
regards access equipment and/or mode of access to and/or use of the Service. 
4.5 We reserve the right to amend any particular program, information or facility, 
which we provide or may provide through the Service. You agree to abide by all 
applicable laws relating to the use of the Service and any Third Party Content. 
You must abide by generally accepted rules of conduct relating to proper use of 
Internet website resources. 
4.6 You have to pay us interest free security deposit as and when specified by us. We also reserve the right to ask you for 
advance deposit any time during the sustenance of this contract for use of 
service and it shall be binding on you. 
4.7 You acknowledge, accept and specifically declare that you are fully and completely aware of the nature and 
terms of the Services. You shall be solely and exclusively responsible for 
making arrangements for making the necessary hardware and software at your end. 
It is explicitly agreed and confirmed that Tata Internet Services Limited does 
not undertake any responsibility directly or indirectly with regard to 
procuring, installing or maintaining the hardware and / or the software at your 
end. 
5. SECURITY 
5.1 In order to access the portal you will be issued with a set of unique passwords. You are responsible for the security and proper use of 
all passwords relating to the Service and must take all necessary steps to 
ensure that all passwords are kept confidential, secure, used properly and not 
disclosed to other people. 
5.2 You shall take full and sole responsibility for preserving the secrecy of all passwords in order to avoid misuse and maintain 
secrecy. We shall not be responsible for any wrongful or unauthorised use under 
any circumstances. 
5.3 If you forget any password, by contacting the customer 
service center by telephone and satisfying such security checks as we may 
operate, you will be given a new password at your sole costs to enable you to 
use the Service. 
5.4 You agree to notify us in writing immediately of any changes to the information you give to us when registering for the Service, 
including any changes to your account details by e-mail, facsimile, courier or 
registered post. 
5.5 You confirm and warrant that all the information supplied 
by you when you register for the Service is true, complete and accurate in all 
respects. 
5.6 We reserve the right to verify the information given by you in the 
application form and can also use the information through our authorized agent 
or representative to verify the data at the addresses given by you or from any 
other independent source. We reserve the rights to use this information and data 
at our discretion. 5.7 It is your responsibility to change password as often as 
possible and not to disclose it to others. We will not be responsible for misuse 
of your password resulting in usage of your account.
6. RESTRICTIONS ON USE 
6.1 You are not allowed to resale the Service (except as offered by us under some 
specific marketing scheme as approved by us) and the right to access is subject 
to limits and restrictions established by us from time to time. 
6.2 You are required to fully comply with the provisions of all applicable Indian laws, 
rules and regulations including the Indian Telegraph Act, 1855, and the Indian 
Telegraph Rules made thereunder and any amendments or replacements made thereto 
from time to time. 
7. LIABILITY 
7.1 We shall not be a party to any transaction 
including, without limitation, for goods, Service and/or Third Party Content, 
between the Third Party Content provider, etc. and you. 
7.2 In no event shall we or our employees be liable to anyone for any or any special, incidental or 
consequential damage arising out of or in connection with the use of (or 
inability to use) the Service, including, without limitation, damage resulting 
from or for loss whether direct or indirect of business revenue or profits, 
anticipated savings or wasted expenditure, corruption or destruction of data or 
for any indirect or consequential loss whatsoever, non-deliveries, or service 
interruptions whether attributable to any negligent act or omission of ours or 
of our employees or otherwise. 
7.3 While every effort is made by us to provide highest quality and accuracy of services to you (as available on our website 
PropertyCurry.com or implied otherwise directly or indirectly), you acknowledge that 
your understanding of the informations, offers, validity, accuracy, genuinity or 
reliability of other registered users or informations provided by them to the 
website, as shown on the website, is entirely dependent on the informations 
provided to the website by the users, third party or other sources which may be 
out of control of us. Accordingly, we shall in no event be responsible to you in 
any manner whatsoever for any loss, cheating, damage directly or indirectly of 
with our website or services, or any inconvenience, damage or loss that may be 
caused to anyone or of any kind arising therefrom. 
7.4 Any termination of this Contract shall not affect any accrued rights or liability of either party nor 
shall it affect the coming into force or the continuance in force of any 
provision hereof which is expressly or by implication intended to come into or 
continue in force or after such termination. 
8. INDEMNITY 
You will be responsible and liable for and will indemnify and hold us harmless from and 
against any and all liability claims, proceedings, damages, injuries, losses, 
costs and expenses, including reasonable attorneys' fees, which may arise from 
any and all use of your account and all actions and costs incurred and for all 
use of the Service accessed through your account or your password(s) or 
otherwise by virtue of the provision of the Service to you including but not 
limited to claims for defamation, infringement of copyright or any other 
intellectual property rights and any breach or non-observance of any term of 
this Contract by you. 
9. VARIATION OF TERMS AND CONDITIONS 
We reserve the right to modify and amend this Contract, the services, website contents, operating 
procedures or any of its service fees, late charges and prices and may 
discontinue or revise any or all other aspects of the service at our sole 
discretion. 
10. WITHDRAWAL, SUSPENSION AND TERMINATION OF SERVICE AND TERMINATION OF CONTRACT 
10.1 If you are in breach of any of the terms of this Contract including nonpayment or late payment of any part of any invoices or 
your information provided to us (PropertyCurry.com) is incorrect or if your use of or 
action in connection with the use of the Service is illegal, immoral or 
inappropriate, in our sole opinion, with the continued use of and/or 
subscription of the Service, then we may at any time, at our sole discretion and 
without prejudice to any other remedy available to us at law, either suspend 
your access to and use of the Service until such breach is remedied or terminate 
this Contract and your access to and use of the Service immediately. 
Reinstatement of Service will require full payment of outstanding balance and 
other charges plus applicable initial sign-up fee. It shall be our sole 
discretion to allow such reinstatement of the service in full or partially. 
10.2 We may suspend the Service without prior notice to you during Technical failure 
modification or repair or testing of the service network . 
10.3 We reserve the right to partially or fully withdraw, suspend or terminate the Service with or 
without notifying you in case your payment instrument is returned unpaid to us 
for whatever reason by your bankers. 
10.4 Subject to Clause 10.1 we may terminate this Contract and the Service at any time by informing you by post, 
courier, electronic mail/ or facsimile transmission. 
10.5 Should we suspend or terminate the Service pursuant to Clause 10.1 you have no right to any data 
stored and we shall be under no obligation to make such data or any copies of 
its available to you in any form whatsoever. Should this Contract terminate for 
any reason whatsoever your data stored on our facilities will be explicitly 
erased without prior notice. 
10.6 Your credit limit is equal to the security 
deposit paid by you. We reserve the right to assign you a credit limit based on 
our own independent assessment that shall be binding on you. The sum of your 
outstanding bill amount plus unbarred usage is compared with your credit limit. 
In case you exceed your credit limit we reserve the right to partially or fully 
withdraw/suspend/terminate the service. We do not however, guarantee effect such 
withdrawal/suspension/termination immediately the credit limit is reached. We 
also reserve the right to revise your credit limit from time to time without any 
notice to you and it shall be binding on you. 
10.7 We reserve the right to appoint any agency and authorize the agency to do verification of information 
given by you and collection on our behalf. In case of any incorrect information 
found in the application form given by you, we reserve the right to partially or 
fully withdraw/suspend/terminate the Service forthwith without any notice in 
that regard. 
10.8 Subject to what is stated in Clauses 10.1 to 10.7 hereinabove 
the Parties to this Contract may terminate this Contract without cause and 
without prejudice to our rights as specified in this Contract, by serving at 
least 30 days prior written notice on the other side. 
11. MATTERS BEYOND OUR CONTROL 
If at anytime, during the continuance of the Service, the performance in 
whole or in part, of any obligation under it shall be prevented or delayed by 
reason of war, hostility, Acts of the public enemy, civil commotion, sabotage, 
fire flood, explosion, epidemic, quarantine restriction, strikes, lock out or 
Act of God etc., you will not have any claim for damages against us in respect 
of such non performance or delay in performance of the Service. 
12. ARBITRATION 
In the event of any question, dispute or difference arising out of provisions of 
the service, the matter shall be referred to the sole arbitration of the person 
nominated by our Chief Executive Officer. 
13. ASSIGNMENT AND TRANSFER 
13.1 We may assign this Contract at any time without prior notice to you and that will 
be binding on you. 
13.2 This contract, the service and passwords shall be 
nontransferable by you in nature and any private transfers effected by you shall 
not absolve you of your primary duty towards us for the charges levied 
pertaining to such particular contract/service/password.. 
14. GIVING NOTICE 
Save as specified in this Contract, any notice or other communication to be given by 
us under this Contract shall be in writing and shall be served by leaving it or 
sending it by e-mail, facsimile, courier or post at your address as specified in 
this Contract or as are notified by you as per clause 5.4 above. 
15. LAW/JURISDICTION 
15.1 If any term or condition of this Contract becomes or is 
declared illegal, invalid or unenforceable for any reason, such term or 
condition shall be divisible from this Contract and shall be deemed to be 
deleted from this Contract. 
15.2 Neither the course of conduct between the parties nor trade practice will modify the provisions of the Contract. If any 
provision of this Contract is determined to be invalid the other provisions 
shall remain in full force and effect. The provisions of all obligations of and 
all restrictions on you will survive the termination of this Contract. 
15.3 No failure or delay on our part to exercise any right or remedy under this Contract 
shall be construed or operate as a waiver thereof nor shall any single or 
partial exercise or any right or remedy preclude the further exercise of such 
right or remedy as the case may be. 
15.4 The laws of India govern the Contract and you hereby submit to the non-exclusive jurisdiction of the Courts of 
Faridabad (Haryana).

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