Terms & Conditions

TERMS AND CONDITIONS OF USE


Updated on: Sep, 25th, 2024

The use of this website, its services, and any associated applications provided by Housingstreet Marketing and Consulting Private Limited (hereinafter ‘Company’/‘We’/‘Us’/‘Our’) is subject to the following terms and conditions of use (hereinafter the ‘Terms of Use’/‘Terms’), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. The following are the Terms of Use that govern the user's (hereinafter ‘You’/‘Your’/‘User’) access to and use of https://www.housingstreet.com (the ‘Website’), all pages on the Website, and any services provided by or on this Website, as well as any affiliated platforms/applications made available from time to time (‘Services’).

By accessing the Website, whether directly or indirectly via a hyperlink, and/or renting or purchasing any listing from Us, You engage Our Services and agree to be bound by these Terms of Use, including the Privacy Policy and any other terms and conditions and policies referenced herein or accessible via hyperlink. These Terms of Use apply to all users of the Website, including without limitation sellers, purchasers, consumers, merchants and/or. You accept and agree that the Website may use Your personal information in the way set forth in Our Privacy Policy, which governs the collection, use, and storage of Your information. Please immediately cease use of the Service if you do not agree to any of these Terms or the Privacy Policy.

This document, along with the Privacy Statement, constitutes an electronic record within the meaning of the Information Technology Act, 2000 and any applicable rules, as well as the amended provisions relating to electronic records in various statutes as amended by the Information Technology Act, 2000. These 'Terms of Use' are electronic records for the purposes of applicable law. This electronic record is created automatically by a computer and does not require physical or digital signatures.

  1. DEFINITIONS

 

The parties referred to in these Terms of Use shall be defined as follows:

 

  1. Company, Us, We, Our: The Company, in its capacity as the Website's developer, operator, and publisher, make the Website and certain Services available to Users. Company, Housingstreet, Us, We, Our, Ours, and other first-person pronouns refer to the Company, as well as all the Company's affiliates, employees and associates.

 

  1. You, Your, User: Throughout these Terms of Use, you, as a user of the Website or any related application, will be referred to as You, Your, Yours, or as the User. The term "User" or "You" refers to any natural or legal person who accesses the Website. Thus, the phrase "Your" shall be construed.

 

  1. Parties: Collectively, the parties to these Terms of Use (You and the Company) will be referred to as Parties.

 

  1. SERVICES

 

  1. Through the Website and associated apps, We provide a variety of internet-based services, which comprise the following:

 

  1. Posting a user account or listing to sell or rent real estate, as well as related property services, etc.
  2. Locate a property with Our Website and its associated applications.
  • Advertise with Our Website.
  1. Distribute ads and promotional messages via email and text messages.

 

  1. Our Services can be obtained using one of the several payment methods available. Additionally, the purchase of Services will be controlled by specific sales policies, such as payment and refund policies, subscription fees, and cancellation policies.

 

  1. The Website connects Users with potential buyers and sellers of properties. We reserve the right to refuse service or refuse to sell any properties on the Website at Our sole discretion to anyone for any reason at any time without assigning any reasons thereof.

 

  1. The Website does not screen or censor the Users who register on and access the Website. You undertake all risks associated with your interactions with other users whom You meet through the Website. You agree to use the Website for lawful purposes only, without infringing the rights of any third party or restricting their use of the Website.

 

 

  1. ASSENT & ACCEPTANCE

 

  1. By visiting and using the Website and/or Our Services, You represent and warrant that You have read, accepted, and agreed to be bound by these Terms of Use. If You do not agree to be bound by these Terms, You must immediately discontinue usage of the Website/Service and exit. The Company undertakes to provide You with access to this Website and Services on the sole condition that You agree to the terms and conditions set out below.

 

  1. Additional terms and conditions applicable to particular areas of the Website or specific transactions are also provided in those locations and, together with these general Terms, govern Your use of those areas. If You do not agree to any of these extra terms and conditions, You are not authorised to access or use those sections of the Website.

 

  1. We reserve the right to revise or modify these Terms of Use at any time, as well as to introduce new or additional terms or conditions applicable to Your use of the Services. Modifications, amendments, and additions to these Terms of Use will take immediate effect and will be integrated into them. BY CONTINUING TO USE THE WEBSITE AND/OR SERVICES, YOU AGREE TO THESE TERMS.

 

  1. AGE RESTRICTION

 

  1. Users must be at least 18 years old to use the Website and Service. By using this Website, You indicate and warrant that You are at least 18 years old.

 

  1. If You register as the parent or legal guardian of a minor, You will be fully responsible for the minor's compliance with these terms and conditions and Our other policies.

 

  1. The Company expressly disclaims all liability and responsibility for any age misrepresentation.

 

  1. USE OF WEBSITE

 

  1. During Your use of the Website or Services, the Company may provide You with certain information. This information may include, but is not limited to, documentation, data, or information generated or distributed by the Company, as well as other information that may help You utilise the Website or Services more effectively (‘Company Materials’). Subject to these Terms of Use, the Company authorises You to use the Company Materials solely for and in conjunction with Your use of the Website and/or Services. The Company Materials may not be used for any other purpose, and this authorization automatically terminates with Your cessation of use of the Website or Services, or upon the termination of these Terms of Use.

 

  1. You affirm and undertake to not directly connect with a potential buyer or seller of a property with who you connected through our Services. If You violate the aforementioned policy, we reserve the right to forthwith terminate Your account with us and to perpetually forbid You from accessing the Website, any related application or the Service.

 

  1. You undertake not to gather contact details about other Users from the Website or to download or duplicate any information through unsolicited access in order to communicate with them directly or for any other purpose.

 

  1. To register on Our Website and/or to use Our Services, You may be asked to give some information about yourself, such as your email address, identifying information, and contact details, as part of the registration or payment process. By reading this, You agree that any information You supply is correct and that any inaccuracies are your sole responsibility (this applies to payment methods as well).

 

  1. On Our Website and other social media and discussion platforms, we provide discussion forums in the form of a question, answer, or blog, message boards, ratings, and reviews. You acknowledge that if You choose to use any of these platforms, services, or tools to write/submit any type of content, it is solely Your obligation to do so ethically and responsibly and that We generally do not pre-screen or regulate user-generated content. We are not liable for any personally identifying information that you choose to disclose in these forums. Additionally, we are not responsible for any comments or remarks made by users in those forums or elsewhere, and thus advise you to conduct Your due diligence before relying on any such material. We disclaim all liability if a user violates Our community posting rules, which restrict the posting of information that:

 

  1. contains any form of unsolicited advertisement.

 

  1. impersonates another individual or entity.

 

  • violates any party's intellectual property rights, including copyright, patent, trademarks, trade name, confidential information, or any other similar right.

 

  1. is unlawful, defamatory, abusive, violent, degrading, disparaging, deceptive, invasive, intimidating, fraudulent, or hateful, or contains suggestive, inappropriate, sexist, religiously insensitive or disrespectful, religiously intolerant or hurtful, or explicit language, or language that discriminates based on gender, sexual orientation, ethnic origin, race, or caste 

 

  1. contributes indecent, abusive, obscene, lewd, lascivious, or pornographic information or content, or exploits minors in any way, or participates in human trafficking, or submits information or content that violates one's right to publicity and/or privacy or violates any legislation.

 

  1. commits fraud or participates in or initiates any illegal gaming, sweepstakes, or pyramid scheme.

 

  • collects information about others in an unauthorised manner.

 

  • violates any local, state, national, or international law, statute, ordinance, or regulation.

 

  1. uploads or transmits viruses or other malicious code that will or may be used to impair the functionality or operation of the Website and Service, or of any related website, other websites, or the internet, or that results in spam, phishing, pharming, pretexting, spidering, crawling, or scraping on the Website. ;

 

  1. damages, disables, overburdens, or impairs the Website or the use of the Website by any other party.

 

  1. compromises with or circumvents the Service's or any connected website's security features, other sites, or the Internet.

 

  • threatens or has the effect of threatening other Users personally.

 

  1. In addition to the above community posting rules, all Users must comply with the following rules governing the posting of profile pictures and property images on the Website:

 

  1. Each file is copyrighted to the entity that created it.

 

  1. Only images in the appropriate format will be accepted.

 

  • Depending on the type of listing you are doing, the images you upload should be your personal/company logo/property photos.

 

  1. Uploading images that could be judged objectionable, including but not limited to overt manifestations of prejudice, bigotry, obscenity, or hatred, is prohibited.

 

  1. If You violate these terms, we retain the right to terminate your account with Us. This suspension may be brief or permanent, depending on the nature of the offence.

 

  1. You are not permitted to submit your personal photographs, business logo, business card, or any other marketing material to a property listing's image gallery. Agents and Builders can add their business information along with their business/company logo to their specific page.

 

  • We are not responsible for the content of any uploaded files and does not endorse any entities represented in the uploaded files.

 

  • We monitor our content regularly and reserve the right to remove any content that does not adhere to the aforementioned uploading restrictions.

 

  1. We reserve the right to remove any digital content that is deemed to be a threat to the security of our dedicated servers.

 

  1. We are not liable for any content uploaded to the Website that is lost, deleted, or fails to be restored.

 

  1. You shall obtain all required licences, permits, consents, approvals, and intellectual property or other rights necessary for utilising the Service at his or her own expense.

 

  1. You agree to follow any notices or instructions issued by the Company from time to time to permit the usage of the Service.

 

  1. You acknowledge and agree that you will be solely liable for any applicable taxes and fees associated with the use of the Services.

 

  1. You represent and warrant that You are the authorised user of the credit/debit card, online banking account, cash card, or other payment account/wallet used to make transactions on Our Website. Otherwise, You would be held accountable for any legal action taken against You by the relevant authorities.

 

  1. You are solely responsible for the security of any username and password associated with any profile You use to access Our Website and/or Services, as well as for any and all activities that occur under Your account/s.

 

  1. You grant Us the perpetual, irrevocable, complete, exclusive, royalty-free, sublicensable right and licence to publish, republish, display, distribute, modify, adapt, reproduce, translate, and create derivative works of, wholly or partially part, any or all of the content publicly posted by You or any other user or third-party on Our Website, Our social media pages, or any other tools that we may use. Please keep in mind that any data You provide Us for registration or payment on the Website, as well as any sensitive personal data, including health and financial data, that You share with Us in confidence, will be protected in accordance with Our Privacy Policy and will be expressly excluded from the aforementioned Licence.

 

  1. Disrupting or interfering with Our Website or Services, including the servers and/or networks that store or connect Our Website, Services, resources, databases, content, or payments, is strictly forbidden and will result in serious legal action against You. We expressly prohibit the use of any method other than those mentioned on the Website to access or attempt to access Our Website or Services. You will be entirely liable for any consequences, losses, or damages incurred or suffered direct or indirect by the Company or any other user of Our Website or Services as a result of any illegal or unauthorised activities carried out by You or anyone acting on Your behest, as mentioned above, including any access to or attempt to access any of Our services, information, tools, or resources.

 

  1. As a user looking to sell real estate, You additionally represent and warrant that:

 

  1. You have full authority to list properties on the Website and/or linked application, and in so doing, You are not violating or infringing the rights (including intellectual property rights) of any person or violating any applicable laws.

 

  1. All property details shared by You on the Platform are current, accurate, and complete, including the location, property specifications, and pricing. Any and all properties listed by You comply with all aapplicable laws and regulations; and

 

  • By listing properties on the Website and/or related application, You grant Us all necessary rights to use and/or share such listing particulars in any manner, including on the Company's or an associate's or third party's other websites, platforms, and so on.

 

  1. We reserve the right to terminate Your usage of the Service and/or any related website if You breach any of the rules mentioned in these Terms of Use. We maintain the power to review all content submitted by Users to the Website. You agree that the Website is not responsible or liable for the contents of any information that You or any other Website User may post to the Website, and that You alone are responsible for the same. You agree not to upload, post, or transmit any content that You are not legally authorised to make public (such as, the intellectual property of another party).

 

  1. We are not liable for any content posted on the Website by You or other users, and You agree and accept that We reserve the right, in Our absolute discretion, to delete any information submitted by You or anybody else We believe violates these Terms of Use. Furthermore, You undertake to refrain from asserting any claims against Us. We are not accountable for any delay or failure to remove such content.

 

  1. The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.

 

  1. You agree to notify the Company immediately of any unauthorised use of the User's profile or any other security breach that the User becomes aware of.

 

  1. You acknowledge that you are fully aware that online advertisements submitted with the Website will be displayed after 48 to 72 hours and consents to the 48 to 72 hours processing time.

 

  1. You acknowledge and agree that any data entered herein may be saved, processed, and commercially exploited by the Company at their exclusive discretion.

 

  1. ‘100% Verified Properties’ Label: The '100% Verified Properties’ label displayed on Our Website or related applications only indicates that the properties exist in the way in which they have been represented. All '100% Verified Properties' have been physically verified by Company-authorized staff for the following criteria: area, location, address, furnishing status, appliance availability and paint status. At no point shall the '100% Verified Property' label be considered as a verification of the property/properties' documentation, ownership data, or pricing details. Users purchasing/renting property/properties through Our Website or Service are responsible for independently verifying the property/properties' data, including its right, title, ownership, lien, and so on. Please note that the Company has not confirmed or stated any opinion regarding the property's owner's title, and the User confirms that it has approached the Company only after conducting its own due diligence and verification regarding the property's title and/or condition.

 

  1. RENT AGREEMENT SERVICES

 

  1. If and when the User elects to use Our rental agreement services, both the User and the relevant property owner shall give all personal information necessary to complete the rental agreement registration process successfully.

 

  1. The User agrees to fully bear registration or stamp duty charges on rental agreements or other associated agreements under applicable law and not to hold the Company liable for any penalty resulting from insufficient fees payment;

 

  1. The User further grants Us the right to disclose personal or any other information to third parties and/or Us, as may be required from time to time in order to complete the registration process.

 

  1. For this Agreement, the User and concerned property owner undertake to hold the Company harmless:

 

  1. if the User and property owner have a dispute at any point.

 

  1. for any loss or damage that either the User or the property owner may experience or incur as a result of, or in any way related to, the User's fraudulent, negligent, or unlawful conduct.

 

  • for any damages that they may incur as a result of sharing information for registering the rental agreement.

 

  1. PAYMENTS

 

  1. We require full payment in advance for any Services delivered by Us.

 

  1. Subscription Fees:

 

  1. We provide a variety of Services to which the User may subscribe per their needs and upon payment of necessary subscription fees (‘Subscription Fees’). The applicable rate of the Subscription Fees for the Service shall be as specified on the "My Subscriptions" page or as the Company may prescribe from time to time.

 

  1. The Subscription Fees shall become due and payable on the date of commencement of the subscription. Except as specified on the Website, the Subscription Fee is non-refundable.

 

  • We reserve the right to modify the Subscription Fee for any plan at any time before, during, or after the User's membership to the plan. We shall notify the User of such revised fees, and the User agrees to pay Us the difference as soon as the same become due.

 

  1. Payment Terms:

 

  1. Any registered User of the Website may choose to pay booking amounts, purchase property, and/or pay security deposit/token amounts via the payment gateway(s) authorised by Us under the Service plan selected by such User. Users are required to provide standard billing information such as their name, financial instrument information (including their bank account number and IFSC code), the details of the property owner or landlord to whom the payment is to be made, and the address of the property for which the booking or purchase amount or security deposit is to be paid. Additionally, users may be required to furnish a copy of the rental agreement under which such booking or security amount payments are made. While using the Website to make a payment, Users must supply accurate, current, and complete information, and it is the User's responsibility to keep this information current at all times. Users are entirely responsible for the accuracy and completeness of the information they submit, and We will not be liable for any loss incurred by the User as a result of inaccurate information, including payment information, provided by the Users.

 

  1. Except for our limited role in processing payments authorised or initiated by registered Users, we are not a party to any underlying transaction between Users, a third party, or any service provider. We are not a bank or financial institution and do not provide banking or other financial services. We may engage the services of one or more third parties (each an ‘Enabler’) to provide any Service and process a User's transactions. Additionally, We make no payment guarantees on behalf of any registered or other User or Enabler and expressly disclaim all liability for any User's or Enabler's act or omission. We are not an agency of the lessor, lessee, buyer or seller nor are we an agent of any registered User. We function exclusively as a mediator between the paying registered Users and the intended third-party beneficiaries.

 

  • The User agrees that We are authorised by the User to retain, receive, and disburse monies following the User's payment instructions supplied to us via the Website or email and confirmed by Us to facilitate the transfer of funds to the intended beneficiary designated by the User on the Website.

 

  1. The User authorises and allows Us to debit or credit the User's balance, bank account, any credit card, debit card, or other payment cards, or any other payment method accepted by Us or to process payment transactions authorised by the Users by generating an electronic funds transfer. By ordering Us to pay another User, Users allow and direct Us to make payments to that user minus any applicable fees or other sums We may collect under this Agreement. We reserve the right to restrict the recipient's capacity to use or withdraw the committed cash for the duration of the period agreed upon with the recipient.

 

  1. The User acknowledges and accepts that We may charge a service fee for utilising the Website to make booking payments, purchase payments or security deposit payments.

 

  1. We reserve the right to delay, suspend, or reject a transaction for any payment(s) for any reason, including but not limited to any suspicion that the transaction is unauthorised, fraudulent, suspicious, unlawful, in violation of these Terms of Use or may be subject to dispute, or are otherwise unusual.

 

  • Monies paid towards a transaction may be charged back or reversed to the User (‘Chargeback’) if the transaction is (a) allegedly unlawful, suspicious, or in violation of the terms of this Agreement, (b) was not authorised or We have reason to believe it was not authorised, (c) reversed for any reason, or (d) disputed by the sender. The User agrees and confirms that they owe Us and will immediately pay Us the amount of any Chargeback, as well as any associated fees, fines, or penalties imposed by Our Enabler, processing financial institutions, or Visa, American Express, MasterCard, Diners Club, and other payment card networks, organisations, or companies.

 

  • The Users agree to fully cooperate with Us if We request assistance in investigating any of the User's transactions performed through the Service, at the User's sole expense. If the User chooses to dispute a Chargeback linked with cards, we will work with them to contest the Chargeback with the Network or issuing banks if we so deem fit. In this regard, We will request information from the User to contest the Chargeback, and the User's failure to cooperate with Us in an investigation of a transaction, including but not limited to providing necessary documentation within five business days of Our request, may result in an irreversible Chargeback.

 

  1. The User agrees not to hold Us liable for any issue or claim arising out of any dispute between the User and the Enabler or between the User and the User's bank or financial institution. \

 

  1. Additionally, please be advised that We shall not be liable in any manner whatsoever for any additional fees or charges deducted by Enablers in connection with the User's transaction, and We expressly disclaims any liability in this regard. Additionally, Users may be subject to additional terms and conditions enforced by such Enablers, which Users should understand before authorising any payments via the Enablers.

 

  1. If we are unable to transfer the booking/security/purchase monies to the beneficiary account for any technical reason, we will reimburse the payment to the source and provide a link to re-initiate payment for the due amount.

 

  • The Users acknowledge and confirm that, to the maximum extent permitted by law, the entire risk associated with the User’s access to and use of any payment Services remains with the User only. If any User allows or authorises another person to use their account with Us in any way, they are solely responsible for that person's activities. Neither We, nor any other party or Enabler involved in developing, producing, or delivering the payment Services, is liable for any incidental, special, exemplary, or consequential damages, including lost profits, data loss or goodwill, service interruption, computer damage or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury.

 

  1. Once a User has paid for the Service, the payment is non-refundable, and any amount paid shall be appropriated. Refunds, if any, shall be made at Our exclusive discretion. We make no representations or warranties regarding the correctness or speed with which reimbursements are applied to the Users' credit/debit cards/bank accounts.

 

  1. User acknowledges and agrees that We, in Our sole discretion and without prejudice to any other rights or remedies provided by applicable law, shall be entitled to set off any amount paid or payable by a User against any amount(s) payable by User to Us under any other agreement or commercial relationship with respect to other services.

 

  1. We make no assurances regarding server availability or application functionality.

 

  1. We reserve the right, in Our sole discretion, to refuse Service or to sell any of the properties on the Website to anyone at any time and without assigning a reason thereof.

 

  1. You affirm and accept that any payment-related information You send to or through the Website in the future is accurate, current, and complete, and will remain accurate, current, and complete.

 

  1. You confirm and undertake to use only methods of payment (credit cards or other allowed payment methods) for which You have complete and proper authorization.

 

  1. You agree that any current and future communications between You and any service provider associated with Our Website or Service (whether online or offline) shall be conducted, managed, and invoiced through the Website only.

 

  1. REFUNDS

 

  1. General: Once a User has paid for the Service, the payment is non-refundable, and any unused portion of the payment will be appropriated. If any refunds are made, they will be made at Our sole discretion. We make no claims or assurances about the accuracy or timeliness with which we apply reimbursements to Users' credit/debit cards/bank accounts.

 

  1. Third-party Purchases: We do not issue refunds for third-party services obtained through the Website or any connected application or service.

 

  1. Subscription Fees: The Subscription Fees become due and payable on the date the subscription is initiated. The Subscription Fee is non-refundable, except as provided on the Website.

 

  1. Outstanding Payments: Please keep in mind that any unpaid balances will continue to be owed even after Your account is terminated. Additionally, You agree that if Your access to the Website or Service is terminated after You have paid the applicable fee but before You have used the Service as a result of Your non-compliance with or breach of these Terms of Use, You will not be eligible for a refund and will lose access to the Service.

 

  1. CANCELLATION POLICY

 

  1. For any inaccuracies, typographical errors, or omissions concerning the Service or property descriptions, price, promotions, offers, and availability we reserve the right to change or update information or cancel purchases at any time without prior notice if any information in the Service or on any connected website is incorrect (including after You have made any advance, booking or purchase payment).

 

  1. Please be advised that orders placed/payments made via online payment methods are non-refundable (except in the case of Cheque & Demand Draft). Cancellation requests for orders placed by cheque/demand draft are permitted only prior to the Company's realisation of such payment.

 

  1. INTELLECTUAL PROPERTY

 

  1. You agree that the Website, Services, and all information and/or content, including the trademark 'VasantKunjProperty.com' and associated logos, as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP") that You see or experience while using the Website or Services are all owned and/or controlled by Us and/or Our licensors and are protected.

 

  1. You accept and understand that the Company owns all rights, title, and interest in and to the Company IP and that You will not use the Company IP for any unauthorised or unlawful purpose. Without the Company's express written authorization, you agree not to copy or distribute the Company IP in any way, including electronically or through the registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs).

 

  1. You undertake not to use such proprietary information, or any adaptations, modifications, or derivatives thereof, in any way other than for personal, non-commercial use of the Website or Services in accordance with these Terms. Except as specifically provided by these Terms of Use, no element of the Website or its content may be replicated in any form or medium. You are not granted any rights or licences in connection with the Company's intellectual property, including any trademarks.

 

  1. You acknowledge and agree that by accessing and using the Website or the Services, You will not acquire any intellectual property rights in the Company IP.

 

  1. To avoid ambiguity, it is explicitly provided herein that We own and control all content, including user-generated content and/or information obtained directly or indirectly from any service providers and Users. Copying any of the Website's copyrighted content for any reason, commercial or otherwise, shall constitute a violation of Our Company IP, including copyright, for which We reserve all legal rights and remedies.

 

  1. COMMUNICATION

 

You acknowledge that by accessing or using the Website in any way, You agree to these Terms of Use. By accepting these Terms, You acknowledge that You are interested in using and purchasing the Website and/or Services that You have selected and consent to receiving communications from Us via phone or electronic records, including e-mails, informing You about properties and Services offered by the Website (Our affiliates and partners) and in understanding Your requirements. Communication may also take place through the posting of announcements on the Website. You agree that any communications from the Website to You will not be considered spam or bulk under the laws of any jurisdiction in which they are received.

 

  1. AFFILIATE MARKETING & ADVERTISING

 

Through the Website and Services, the Company may engage in affiliate marketing, in which case the Company receives a fee or a proportion of the sale on or through the Website from such an affiliate. Additionally, the Company may accept advertising and sponsorships from commercial enterprises or other sources of revenue from advertising.

 

  1. PRIVACY POLICY

 

The Company's Privacy Policy governs the use of Our Website and Services, which is published in the Website's Privacy Policy section. Please take the time to thoroughly read the Privacy Policy. At any time and without prior intimation or liability to any third party, the Company has the right to update, modify, or remove portions of this Privacy Policy.

 

  1. RISK ASSUMPTION

 

  1. The Website and Services are provided exclusively for communication purposes. You acknowledge and agree that the information published on Our Website is not intended to constitute legal, professional, or investment advice and that no fiduciary relationship has been established between You and the Company. Additionally, You agree that You are solely responsible for Your purchase or rent of any properties on or through the Website or Our Services. The Company expressly disclaims all liability and duty in connection with any advice or other information offered on the Website or any transaction entered into between the Users, either as a buyer or a seller, to which the Website is not a party.

 

  1. The Company facilitates the sale of real estate properties through the Website and/or Services. The Company states that all information regarding the said properties, including descriptions and photographs, is correct to their knowledge. The Company makes no claims or warranties about the accuracy or reliability of any such information, and You acknowledge and agree that You acquire such properties solely at Your own risk.

 

  1. Disclaimer: Please note that registration under the Real Estate (Regulation and Development) Act, 2016 (RERA) is mandatory only for future and ongoing projects (‘New Projects’) upon enactment of RERA. Further, of these New Projects, developments that are lesser than 500 sq m in area or comprise less than 8 apartments (‘Exempt Projects’) are exempt from registration under RERA. The Company facilitates engagement of buyers and sellers of real estate developed and delivered before the enactment of RERA or Exempt Projects only. Neither the Company nor any other person with an ownership or other interest in it, nor its respective directors, employees, agents, or other representatives, shall be responsible or liable to You or any other person for relying on Website information (a) for any error, falsity, or inaccuracy in the information provided herein or for any omission of information; (b) for any action taken, costs/expenses/losses incurred, by You or any other person. The Company does not promote or advertise any property posted on the Website, and shall not be held liable for listing any property on the Website that violates the applicable state's RERA rules. Additionally, Users shall not assume that the Company has any connection or relationship with the parties that advertise their properties on the Website.

 

  1. INTERRUPTIONS IN SERVICE

 

The Company may need to suspend or interrupt Your access to the Website at any time for scheduled or unscheduled maintenance or emergency services. You accept that Your access to the Website may be interrupted by unplanned or unexpected downtime for any cause and that it shall not be liable for any damage or loss suffered because of such downtime.

 

  1. SECURITY & REVERSE ENGINEERING

 

You agree to refrain from committing any of the following acts: :

 

  1. Reverse engineer, or attempt to reverse engineer, or disassemble, any code or software contained on or accessible through the Website or Services.

 

  1. Violate the Website's or Services' security by gaining unauthorised access, bypassing encryption or other security mechanisms, data mining, or interfering with the operation of any host, user, or network.

 

  1. VARIATION & MODIFICATION

 

  1. You accept that the Company reserves the right, at any time and without prior intimation to You, to alter these Terms of Use, or any element thereof. Additionally, You agree that all modifications to these Terms become effective immediately upon their publication on the Website and that any subsequent modifications or variations supersede any prior versions of these Terms unless such previous versions are expressly referred to or integrated into the most recent revision or variation of these Terms of Use.

 

  1. If any part or sub-part of these Terms is declared to be unenforceable or invalid by a court of law, You accept that the previous, enforceable version of these Terms shall remain completely enforceable and lawful.

 

  1. You agree to review these Terms of Use on a routine basis and to check for modifications or amendments by referring to the Effective Date at the beginning of these Terms. Additionally, You agree to clear Your cache in order to avoid viewing an old version of these Terms. You agree that by continuing to use the Website following the publishing of any modifications to these Terms of Use, You are indicating your continued acceptance of these Terms.

 

  1. If You fail to monitor any changes or modifications to these Terms of Use, You acknowledge that your failure to do so constitutes an express waiver of Your right to inspect the revised Agreement.

 

  1. TERM, TERMINATION & SUSPENSION

 

  1. These Terms will continue to constitute a valid and enforceable contract between the Parties and will remain in full force and effect so long as the User accesses and uses the Website.

 

  1. The Company may terminate or temporarily suspend these Terms of Use, or any portion thereof, with or without cause at any time in its sole discretion. The Company expressly reserves the right to terminate these Terms of Use if You violate any of the terms herein, including, but not limited to, violating the Company's or a third party's intellectual property rights, violating applicable laws or other legal responsibilities, and/or publishing or distributing illegal material.

 

  1. Your ability to access and use Our Website and/or Services and/or content available therein immediately cedes upon the termination or expiry of these Terms of Use in accordance with the provisions set out under these Terms. We reserve the right, at Our sole discretion, to remove or delete any of Your details, information, or content from Our database, including any account, login, or payment information.

 

  1. You may also terminate these Terms of Use at any time if You have registered for an account with Us by contacting Us and requesting termination.

 

  1. Please bear in mind that any outstanding payments will remain owed even after Your account is terminated. Additionally, You agree that if Your access to the Website or Service is terminated after You have paid the requisite fee but before You have used the Service because of Your non-compliance with or breach of these Terms of Use, You will not be eligible for a refund and will lose the ability to use the Service.

 

  1. NO WARRANTIES

 

  1. All content, properties, Services, and associated images are provided "as is" and "as available," without guarantee of any kind, either express or implied. The Website expressly disclaims any and all warranties, express or implied, including relating to the condition of properties, fitness for a particular purpose, title, and non-infringement, as well as warranties deriving from a course of business, use, or trade practise.

 

  1. At times, published material on Our Website or in the Service may inadvertently contain typographical errors, inaccuracies, or omissions relating to the Service or property descriptions, pricing, promotions, offers, and availability. Any errors, inaccuracies, or omissions may be corrected at any time, and We retain the right to change or update information or cancel purchases without prior notice at any time if any information in the Service or on any related website is wrong (including after You have made any rent or purchase payment).

 

  1. No representations or warranties are made by the Company on the correctness, completeness, or usefulness of any listing, information, suggestions, opinions, or advice published on the Website. Because third-party or marketing material is made available "as is," the Website cannot guarantee its reliability and is not accountable for any inaccuracies that may develop. All postings, advertisements, photographs, audio, images, texts, files, videos, or other materials made accessible on, transmitted via, or linked from the Website are solely the responsibility of the entity from which they originated; the Website has no control over or endorses of such content.

 

  1. We make no representations or warranties about the reliability or correctness of any information shared through the Website or the Services. You agree that any damage to or loss of data on any of your electronic devices, including personal computers and mobile phones, resulting from Your use of the Website or Services is solely your responsibility and that the Company is not liable for any such damage or loss.

 

  1. The Company shall have no liability for any interactions between you and other Website users. The Website shall not be liable for any third-party goods, services, resources, or content, or any damage arising from their usage. You confirm that the Company is released from any and all claims, charges, and damages emanating from any such dispute.

 

  1. We make no representations or warranties regarding the Website's operation being uninterrupted, timely, secure, or error-free. You expressly acknowledge that Your use of the Website and access to it is at your own risk. The Website expressly disclaims any responsibility for the accuracy of the information contained on the Website.

 

  1. The Company will not be liable for any additional costs, omissions, delays, or acts of any government or authority, and will make no refunds in the event of any delay, strike, force majeure, or other unforeseen circumstances beyond their direct control, nor will they be liable for any additional expense, omissions, delays, or acts of any government or authority.

 

  1. While We use commercially reasonable steps to protect the Website, We cannot guarantee nor warrant that the Website or any data You provide will not be hacked by unauthorised third parties. You expressly agree that the Website shall not be liable for any unauthorised access to or alteration of Your transmissions or data, or any loss or damage resulting from such access or alteration, or for any spam messages, or any material or information transmitted or received or not transmitted or received, or for any transactions conducted through the Website.

 

  1. You agree that your use of any information or material on this Website or accessed through this Website is entirely at your own risk, for which We shall have no responsibility. You are always responsible for ascertaining that any information, properties, or Services received through this Website meet Your specific requirements.

 

  1. You expressly agree that the Website is not liable for any content transmitted via the Website or included therein by the third party including any content or conduct of any third party that is obscene, defamatory, offensive, threatening, or unlawful, or for any infringement of another's rights, including intellectual property rights.

 

  1. You are solely responsible for any loss of data or damages to your computer system as a result of accessing any information or material on Our Website or Services.

 

  1. LIMITATION ON LIABILITY

 

  1. You expressly acknowledge and agree that the Company, its partners, officers, investors, employees, affiliates, agents, contractors, or licensors shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or exemplary damages that may arise to You or any other user as a result of Your use of the Website or Services, or for any injury, loss, or damage of any kind.

 

  1. You acknowledge and agree that any data You provide Us in connection with the Website or the Services would be at Your sole risk, and You expressly exempt the Company from any and all liability to You for any damage or liability incurred as a result of such information.

 

  1. We provide no warranty that the Website or the Services will be devoid of losses, corruption, attack, malware, interruption, hacking, or other security breaches, and You agree to hold Us harmless in the event of such incidents. You expressly understand and agree that the Company, its partners, officers, shareholders, staff, affiliates, agencies, consultants, or licensors shall not be liable for any direct, indirect, incidental, punitive, special, consequential, or exemplary damages which may arise to You or any other user as a consequence of Your use of the Website or Services, or for any injury, death, or damage to property caused by Your use of the Website or Services. ensuring that Your device, including any content received through the Services, is backed up.

 

  1. We are not responsible for any data charges incurred as a result of Your use of the Website and/or Services.

 

  1. The Company's maximum aggregate liability for any claims arising from Your usage of Our Website and/or the Services is limited to the monies You paid to the Company in connection with the property/listing for which such claim arose in the two (2) months immediately preceding the date of the said claim originated. This section applies to any and all claims brought by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or other torts.

 

  1. INDEMNITY

 

  1. You are solely liable for your actions and those of anybody who uses your username and/or password. You agree to defend, indemnify, and hold harmless the Company, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors from and against any losses, costs, liabilities, expenses, claims, damages, complaints, or legal proceedings, including without limitation any legal fees or attorneys' fees, arising out of or relating to:

 

  1. Any inaccuracy, inconsistency, or omission in the information, representations, or warranties made by You.

 

  1. Any unfulfilled obligations You may have.

 

  • Breach by You of any of Your representations, warranties, undertakings, or obligations under these Terms of Use.

 

  1. Your violation of any third-party right, including but not limited to intellectual property rights, copyright laws, trademark laws, privacy and publicity laws, certain communications statutes and regulations, and other applicable laws, statutes, and rules and regulations.

 

  1. Your failure to comply with any applicable laws, rules, or requirements.

 

  1. In the event of any claims, actions, suits, complaints, or proceedings, You will promptly adjust, settle, defend, or otherwise dispose of such claim exclusively at its own cost without binding the Company to any obligations or liabilities and without prejudice to any rights of the Company. We will reasonably co-operate with You in all such matters and reserve the right to take over control of any such matter at Our sole discretion if We so deem fit. You confirm that, if We take control of such a case, You will cooperate fully with Us in claiming available defences. You agree and acknowledge that this provision will survive even upon cessation of Your use of Our Website and/or Services.

 

  1. GENERAL PROVISIONS:

 

  1. LANGUAGE: All communications and notices made or supplied in connection with these Terms of Use must be in the English language.

 

  1. ENTIRE AGREEMENT: This Agreement contains the Parties' entire understanding with respect to their use of this Website in any and all capacities. This Agreement overrides and replaces all previous or concurrent written or oral agreements or understandings relating to the use of this Website.

 

  1. SURVIVAL: The provisions of these Terms of Use that should, by their nature survive termination and/or expiration, shall and do survive such termination and/or expiration.

 

  1. CUMULATIVE RIGHTS: All rights and remedies provided to the Company hereunder are cumulative and not exclusive, and We may exercise one or more of such rights and remedies concurrently.

 

  1. JURISDICTION, SEAT & GOVERNING LAW:

 

  1. By using the Website or Services, You agree that these Terms of Use and Your use of the Website and Services will be governed solely by Indian law, notwithstanding any conflict of laws provisions or the United Nations Convention on the International Sale of Goods.

 

  1. You agree that any dispute arising out of or in connection with this Agreement will be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as modified or re-enacted from time to time. You and the Company agree to appoint a sole arbitrator jointly. All proceedings in any such arbitration shall be conducted in English, the seat shall be New Delhi, and the courts in New Delhi shall have exclusive jurisdiction to hear and determine the arbitration proceedings and awards under the law. The arbitral award shall be final and conclusive on the Parties, and the Parties undertake to be bound by it and to act under its terms.

 

  • The Parties agree that this clause regarding the choice of law, seat, and jurisdiction is not permissive, but rather mandatory. You hereby waive all objections regarding the seat of arbitration, including assertions based on the doctrine of forum non-conveniens or a similar doctrine.

 

  1. ASSIGNMENT: You confirm that you may not assign, sell, lease, or otherwise transfer in whole or in part these Terms of Use or the rights granted hereunder.

 

  1. SEVERABILITY: If any term, condition, or provision of these Terms of Use is found to be in violation of any applicable law, statute, or regulation by a court of competent jurisdiction, the term, condition, or provision shall be deemed to have been deleted hereunder and shall be of no force or effect, while the remainder of these Terms of Use shall remain in full force and effect as if such term, condition, or provision had not been included originally.

 

  1. NO WAIVER: If We fail to enforce any provision of these Terms of Use, this shall not constitute a waiver of our right to enforce that or any other provision in the future. A waiver of any section or sub-section of these Terms of Use does not constitute a waiver of any other section or sub-section.

 

  1. HEADINGS FOR CONVENIENCE ONLY: The section and sub-section headings in these Terms of Use are for convenience and organisation only. Headings shall have no bearing on the interpretation of any of these Terms of Use clauses.

 

  1. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: These Terms of Use do not constitute the formation of any agency, partnership, or joint venture between the Parties. Neither Party is empowered to bind the other to third parties.

 

  1. FORCE MAJEURE: The Company is not liable for any failure to perform any of its obligations or to provide continued access to any Services attributable to circumstances beyond its reasonable control, including, but not limited to, acts of God, acts of legal authorities, pandemic, riots, embargoes, acts of nature and natural disasters, and other unanticipated circumstances.

 

  1. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications, such as e-mail or fax, are permitted between the Parties under these Terms of Use. Please contact Us by email at the following address if you have any queries or issues: properties.vasantkunj@gmail.com.