Pak Earth and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING PakEarth, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE PakEarth. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT ( firstname.lastname@example.org )
Seven’s Consultants & Associates may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on PakEarth. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of PakEarth, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Seven’s Consultants & Associates may also suspend the operation of PakEarth for support or technical up gradation, maintenance work, in order to update the content or for any other reason.
If you utilize PakEarth in a manner inconsistent with these terms and conditions, Seven’s Consultants & Associates may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of PakEarth (whether on a paid or free basis), and to whom the access to PakEarth is restricted by the use of a sign in user name and a password. The user name and password are either allotted by PakEarth or chosen by the Subscriber or agreed upon by PakEarth. It is made abundantly clear that only the authorized User has the right to access the Services so offered by PakEarth.
The term Browser/Visitor/Guest will mean and include a person who utilizes any of the Services offered by PakEarth, without the need or a requirement to create an account i.e. visits non-restricted portions of PakEarth.
The use and access to PakEarth shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'un authorized user' and will nevertheless be subject to the terms and conditions regulating the usage of PakEarth, and expressly so with respect to respecting the intellectual property rights of the Seven’s Consultants & Associates, and abiding by terms and conditions below mentioned.
The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)
The terms 'Service' or 'Services' would mean to include the interactive online information service offered by PakEarth on the internet through which the user may access information carried by PakEarth in the database maintained by it. The terms would also include meaning the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to PakEarth acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS
Any User agrees not to submit any property descriptions, photographs, financial, contact or other information contained in each property's data to PakEarth unless the User submitting such a Listing/Advertisement has acquired received all necessary rights and authorizations from the owner of such property or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Property(s) on PakEarth. Similarly, PakEarth doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by PakEarth & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings. The User in addition shall furnish a brief background of such property in respect of title, ownership and possession, Seven’s Consultants & Associates may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time. The User may further be required to substantiate his claims as to the nature and status of the property by swearing an affidavit stating the authenticity of the information/data so provided/displayed. Seven’s Consultants & Associates may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, Seven’s Consultants & Associates may require additional evidence of compliance with this provision from Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. Seven’s Consultants & Associates will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Property listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the PakEarth website. Seven’s Consultants & Associates shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on PakEarth and Seven’s Consultants & Associates shall have the right to modify the property listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees
(a) to represent and warrant that all Properties and associated information provided by the User will be accurate;
(b) that the User will not permit the posting of a property on PakEarth under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the property in this regard;
Seven’s Consultants & Associates shall place the information relating to properties at defined sections of PakEarth or such other mirror or parallel site(s). Seven’s Consultants & Associates reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Properties posted on the User's website or on PakEarth without notice. Seven’s Consultants & Associates accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While Seven’s Consultants & Associates shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to PakEarth.
Users, who are buying/renting property/properties through PakEarth, must verify details the property/properties as well as its right, title, ownership, lien etc. on their own.
Payments for the Services offered by PakEarth shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Seven’s Consultants & Associates (Pvt) Ltd. Seven’s Consultants & Associates offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that Seven’s Consultants & Associates / PakEarth4u.com, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to Seven’s Consultants & Associates under any other agreement or commercial relationship towards other products/services. 7 Consultants & Associates (Pvt) Ltd. gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Seven’s Consultants & Associates (Pvt) Ltd. undertakes no liability for free Services. Seven’s Consultants & Associates (Pvt) Ltd. reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.
Seven’s Consultants & Associates (Pvt) Ltd uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Seven’s Consultants & Associates (Pvt) Ltd does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Seven’s Consultants & Associates Pvt. Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Seven’s Consultants & Associates Pvt. Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
Seven’s Consultants & Associates Pvt. Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Refund in Failed Transactions
Though Seven’s Consultants & Associates Pvt. Limited payment reconciliation team works on a 24 x 7 basis, Seven’s Consultants & Associates Pvt. Limited offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of PakEarth.
If you utilize PakEarth in a manner inconsistent with these terms and conditions, Seven’s Consultants & Associates Pvt. Limited may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.
USE OF INFORMATION
User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to PakEarth. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of PakEarth. PakEarth does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.
INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and Service marks ("Marks") appearing in PakEarth are the properties either owned or used under license by Seven’s Consultants & Associates Pvt. Limited and / or its associates. All rights accruing from the same, statutory or otherwise, wholly vest with Seven’s Consultants & Associates Pvt. Limited / its associates. The access to PakEarth4u.com does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of Pakistan.
Seven’s Consultants & Associates Pvt. Limited respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in Pakistan in this respect. Seven’s Consultants & Associates Pvt. Limited shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using PakEarth as a platform to infringe the Intellectual Property Rights of others, Seven’s Consultants & Associates Pvt. Limited will be free to terminate this Agreement forthwith without any notice to the user.
By allowing Users to access PakEarth, Seven’s Consultants & Associates Pvt. Limited grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is in compliance with the terms and conditions of the Agreement.
You hereby expressly agree not to:
The User / subscriber / visitor to PakEarth or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
Violations of system or network security may result in civil or criminal liability.
LINKS TO THIRD PARTY WEB SITES
PakEarth may provide links to other third-party World Wide Web sites or resources. Seven’s Consultants & Associates Pvt. Limited makes no representations whatsoever about any other Web site you may access through PakEarth.
DISCLAIMER AND WARRANTIES
THE CONTENT OF PakEarth IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Seven’s Consultants & Associates Pvt. Limited AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS WEBSITE, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, COMPLETENESS OR ACCURACY OF THE INFORMATION, UPDATE OR CORRECTNESS OF THE INFORMATION, FREEDOM FROM COMPUTER VIRUSES, OTHER VIOLATION OF RIGHTS REGARDING SERVICES, PRODUCTS, MATERIAL AND CONTENTS OF PakEarth.
Views expressed by the Users are their own, Seven’s Consultants & Associates Pvt. Limited does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website, please report it to report abuse.
It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website. Seven’s Consultants & Associates Pvt. Limited does not warrant that the access to website will be uninterrupted or error-free or that defects in website will be corrected.
Seven’s Consultants & Associates Pvt. Limited offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to Seven’s Consultants & Associates Pvt. Limited /PakEarth are solely for the purposes of display of the property advertised.
Users are strongly advised to independently verify the authenticity of any Pre-Launch offers received by them. Seven’s Consultants & Associates Pvt. Limited does not endorse investment in any projects which have not received official sanction and have not been launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
No information contained herein shall constitute an invitation or an offer to invest in Seven’s Consultants & Associates Pvt. Limited or any of its Affiliates. Further, nothing contained in PakEarth should be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and Seven’s Consultants & Associates Pvt. Limited makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
PakEarth is controlled and operated from Pakistan and Seven’s Consultants & Associates Pvt. Limited makes no representation that the materials are appropriate or will be available for use in other parts of the World. If you use PakEarth from outside Pakistan, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
Seven’s Consultants & Associates Pvt. Limited offers products, Services, content and various other functionalities through PakEarth and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws or legal impediments and other considerations/factors. Seven’s Consultants & Associates Pvt. Limited does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. Information on PakEarth may contain references to products, programs or Services that are not announced or available in your country. Such references do not in any manner imply that Seven’s Consultants & Associates Pvt. Limited intends to announce, launch or provide such products, programs or Services in your country.
LIMITATION OF LIABILITY
Seven’s Consultants & Associates Pvt. Limited will not be liable for any damages of any kind arising out of or relating to the use or the inability to use PakEarth, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
Seven’s Consultants & Associates Pvt. Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. Seven’s Consultants & Associates Pvt. Limited shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.
Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of Seven’s Consultants & Associates Pvt. Limited (service provider) is to provide access of its on-line portal to the customer for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation, if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon Seven’s Consultants & Associates Pvt. Limited.
Seven’s Consultants & Associates Pvt. Limited may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to PakEarth (or any part thereof) for any reason, including, without limitation, that Seven’s Consultants & Associates Pvt. Limited based on its judgment and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.
Submissions and unauthorized use of any information(s)/materials contained on PakEarth may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations thereto and other applicable laws, statutes and its rules and regulations. User alone are responsible for your actions or the actions of any person using your user name and/or password.
You agree to defend, indemnify, and hold harmless, Seven’s Consultants & Associates Pvt. Limited and/ or its associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of PakEarth material or your breach of these terms and conditions or any applicable law.
Seven’s Consultants & Associates Pvt. Limited will not be party to any legal proceedings between parties contracted through these Services. In case Seven’s Consultants & Associates Pvt. Limited is sought to implicated in any legal proceedings, costs will be recovered from the party that names Seven’s Consultants & Associates Pvt. Limited as a party to such proceedings. Seven’s Consultants & Associates Pvt. Limited shall abide with any court order served on it through due process.