Terms of Use - Goraya Real Estate and Builders

Terms of Use

Effective Date:- January 1, 2007

If you wish to avail services of this Website, you must agree to the terms below as the exclusive basis which governs such transactions and must accept these terms. If you do not agree to any of the terms, do not use this Website.

This Website provides an online forum for buying and selling. The items or services offered are supplied by third parties not by Goraya Real Estate and Builders.

THIS AGREEMENT is made between Goraya Real Estate and Builders and you ("the User").


1. DEFINITIONS

In this Agreement, the following terms shall have the following meanings:-

"Buyer" - an entity which buys from a Seller.

"Effective Date" - the date on which this set of terms and conditions entered effect.

"Intellectual Property Rights" - all copyrights, patents, registered and unregistered design rights, database rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, rights to confidence and other intellectual and industrial property rights in all parts of the world.

"Material" - the item or service which the Seller is offering to sell or information relating thereto. Where the Material is a service the provisions of this Agreement which relate only to products/services shall be read as inapplicable but this shall be without prejudice to the application of such provision to information on the Website relating to such service.

"Registration Details" - the details which a Buyer or Seller must provide on registering for the Website including physical address, email address, age, bank account and credit, debit or charge card details.

"Sale" - a sale effected as a direct or indirect result of marketing through the Website.

"Seller" - an entity which makes a Sale. "Service" - the provision of the Website as a forum for Sales.

"Unacceptable" - Material which under the laws of any jurisdiction from which the Website may be accessed may be considered either:-

a. illegal, illicit, indecent, obscene, racist, offensive, pornographic, insulting, false, unreliable, misleading, alleged to be or actually defamatory or in infringement of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights);
b. in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
c. to contravene legislation, including without limitation, that relating to weapons, animals or alcohol; d. might harm Goraya Real Estate and Builders's reputation.

"User" - either a Buyer or a Seller. "Website" - Goraya Real Estate and Builders 's website located at (http://www.gorayarealestate.com)

"Goraya Real Estate and Builders Ltd" - Goraya Real Estate and Builders Ltd which is the owner of the Website

2. TERMS WHICH APPLY TO USERS

2.1 In registering for this Website, the User must provide accurate Registration details which the User must update after any changes (except age) before using the Website for further transactions.

2.2 The User hereby warrants to Goraya Real Estate and Builders that it is at least eighteen years of age and legally able to enter into contracts for the Material.

2.3 Goraya Real Estate and Builders reserves the discretion to withdraw any Material from the Website without prior notice and to refuse any orders for Material made by potential Buyers.

2.4 The User's Registration Details and data relating to its use of the Website will be recorded by Goraya Real Estate and Builders but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Website.

2.5 Goraya Real Estate and Builders may send a small file to the User's computer when it visits the Website. This "cookie" will enable Goraya Real Estate and Builders to identify the User's computer, track its behaviour on the Website and to identify the User's particular areas of interest so as to enhance the User's future visits to the Website. The cookie will not enable Goraya Real Estate and Builders to identify the User and Goraya Real Estate and Builders shall not use it otherwise than in relation to this Website. The User can set its computer browser to reject cookies but this may preclude use of certain parts of this Website.

2.6 The User hereby authorises Goraya Real Estate and Builders to use any information which it submits to this Website to process any Sale, inform the User of special offers and for other marketing and related purposes. Goraya Real Estate and Builders will not use User data for any other purposes than as set out in this Agreement except that Goraya Real Estate and Builders may disclose this data if compelled to do so by law, or at the request of a law enforcement agency or governmental authority.

2.7 If the User does not wish Goraya Real Estate and Builders to use its information as set out above, it should leave the Website before submitting its personal details.

2.8 If the User does not want Goraya Real Estate and Builders to use its email address to send information concerning the Website and related matters, the User should send a message to esupport @ Goraya Real Estate and Builders and insert "unsubscribe" as the subject heading.

2.9 Goraya Real Estate and Builders has appropriate security procedures in place to protect the User's personal information.

2.10 Goraya Real Estate and Builders reserves the right to suspend or terminate a User's account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, Goraya Real Estate and Builders will notify the User by email and the User must not seek to re-register either directly or indirectly through a related entity.

2.11 Goraya Real Estate and Builders shall not be liable for any interruption to the Service, whether intentional or otherwise.

2.12 For the avoidance of doubt, Goraya Real Estate and Builders is providing a service not goods.

2.13 Goraya Real Estate and Builders owns all Intellectual Property Rights in the Website and the Service, including without limitation, all data submitted by users, the design, text, graphics, the selection and arrangement thereof.

2.14 Goraya Real Estate and Builders takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Users cannot hold Goraya Real Estate and Builders liable in relation to such issues, Goraya Real Estate and Builders requests all Users to report such matters immediately and Goraya Real Estate and Builders shall inform the appropriate authorities.

3. LIMITATION OF LIABILITY

3.1 Goraya Real Estate and Builders is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any User arising in any way in connection with this Agreement, Sales or for any liability of a User to any third party.

3.2 Whilst Goraya Real Estate and Builders will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the User is recommended to take all appropriate safeguards before downloading information or any Material from the Website.

3.3 Goraya Real Estate and Builders shall not be liable for ensuring that the Material on the Website or supplied by virtue of a Sale is not Unacceptable Material and the Buyer in making any purchase from the Website accepts that it does so exclusively at its own risk.

3.4 Goraya Real Estate and Builders is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.

3.5 Goraya Real Estate and Builders is not responsible for the direct or indirect consequences of a User linking to any other website from the Website.

3.6 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Goraya Real Estate and Builders or its appointed agents.

3.7 Goraya Real Estate and Builders is not responsible for the direct or indirect consequences of the User linking to any other website from this Website.

4. WARRANTIES AND INDEMNITY

4.1 Goraya Real Estate and Builders does not represent or warrant that the information accessible via the Website is accurate, complete or current. Goraya Real Estate and Builders has no liability whatsoever in respect of any use which the User makes of such information.

4.2 Material has not been written to meet the individual requirements of the Buyer and it the Buyer's sole responsibility to satisfy itself prior to entering into a Sale that the Material is suitable for its purposes.

4.3 All warranties, express or implied, statutory or otherwise are hereby excluded.

4.4 The User hereby agrees to indemnify Goraya Real Estate and Builders against all liabilities, claims and expenses that may arise from any breach of this Agreement by the User.

5. GENERAL

5.1 Subject to above clauses, this written Agreement and any other expressly incorporated document constitute the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 7.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.

5.2 Goraya Real Estate and Builders reserves the right to alter its terms of business from time to time. The Effective Date at the time the User is reading these terms is set out at the top of this Agreement. Prior to entering into a transaction, Users should check that the effective date has not altered. If it has, the User should examine the new set of terms and only enter into a transaction if it accepts the new terms.

5.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.

5.4 Goraya Real Estate and Builders reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement.

5.5 The User may not assign or otherwise transfer its rights or obligations under this Agreement without Goraya Real Estate and Builders's prior written consent.

5.6 Any notice given pursuant hereto may be served personally or by email to the last known email address of the addressee. It is the responsibility of Users promptly to update Goraya Real Estate and Builders of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service, when sent by email 24 hours after the same shall has been sent, or if sent by post 72 hours after put into the post correctly addressed and pre-paid.

5.7 Goraya Real Estate and Builders shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

5.8 Any delay or forbearance by Goraya Real Estate and Builders in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

5.9 This Agreement shall be governed by the laws of Pakistan and the parties submit to the non-exclusive jurisdiction of the Courts of Pakistan.