Welcome to propertyvastu, a venture of propertyvastu (hereinafter referred to as 'Company') which is a company incorporated under the Companies Act, 1956, having its registered office at
F-312/313, sobo center,
The terms and conditions as stipulated below constitute a legally binding and enforceable agreement between propertyvastu and the User regarding the use of services provided by the website named www.www.propertyvastu.com and/or Applications (hereinafter referred to as "Platform") owned by the Company.
The following words shall have these meanings as defined herein below:
- Agreement: This shall mean and include the mandatory attachments and the terms and conditions stated herein which shall be deemed to have been executed at Ahmedabad.
- Broker: This term is defined as an individual or legal entity that represents a seller or an Unregistered Broker/Client/Customer, for the purpose of selling or buying or letting out or otherwise transfer the properties that are listed on the Platform.
- Unregistered Broker/Client/Customer:This term is defined as an individual Unregistered Broker/Client/Customer or legal entity that may be represented by a broker or directly assess the Platform through a registered Username and password to buy or take on rent or otherwise acquire a property that is listed on the Platform.
- Company: This term is defined as propertyvastu which is the legal owner of the Platform.
- Fixed Commission: This is defined as the commission which will be charged by the Company from the Unregistered Broker/Client/Customer upon requiring the services provided by the Platform.
- Services: This term is defined as the interactive online information services regarding the buying/selling/renting or otherwise transferring of property (real estate) as provided by the Platform which will be accessible to the Users.
- Service Providers: This term is defined as the individual/entity which shall provide other professional services on the Platform such as legal services, financial services, management services etc.
- User/Users: This term is defined to refer collectively to Unregistered Broker/Client/Customers, brokers, sellers, or people visiting the Platform.
Website: This term is defined as the Website having the domain name: www.www.propertyvastu.com.
I. APPLICABLE LAWS AND JURISDICTION:
These Terms and Conditions will be governed by and construed in accordance with the laws of India. The courts at Ahmedabad, India shall have exclusive jurisdiction over any dispute or issue arising out of the use of the services provided by the Platform. The User shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from the Company, any such purported assignment or delegation will be null and void and of no force or effect.
- All Users who wish to avail the services provided by the Platform should be of 18 years of age and competent to enter into a legally binding contract and not disqualified by any existing law in force.
- Individuals below the age of 18 years, who wish to utilize the services provided by the Platform, can do so, under the guidance and supervision of Parents or legal guardian under the registered account on the Platform.
The Company wishes to be the most accessible, affordable and convenient Platform designed to facilitate hassle free trade of properties in India. It seeks to function as a bridge between individuals and entities who wish to sell, or lease, or other transfer properties and prospective individual or entities who wish to buy or rent or otherwise acquire these properties. The online interactive services provided by the Company is accessible to all such interested individuals or entities and also assisting in providing them with additional tools such as legal, financial and other services.
IV. SERVICES PROVIDED BY THE PLATFORM
The Company provides the following services through its Platform:-
- a. Facilitates Users to set up personal accounts secured with a Username and Password. This account-
enables registered brokers to upload various advertisements/details regarding the property to be sold or let out or otherwise to be transferred on behalf of sellers;
enables registered brokers to search/buy/ or otherwise acquire suitable properties on behalf of the Unregistered Broker/Client/Customers;
enables the Unregistered Broker/Client/Customers to directly view and choose from different properties available to buy or otherwise acquire.
- b. The Users can also avail other professional services on the Platform such as legal services, financial services, management services etc. related to real estate through various Service Providers.
V. TERMS AND CONDITIONS FOR BROKERS:
- It is mandatory that only a broker duly registered under Real Estate (Regulation and Development) Act, 2016 ("RERA") can set up an account on the Platform for the purpose of listing a property for sale or rental or transfer on behalf of sellers or for the purpose of searching/buying/ or otherwise acquiring form the listed properties on behalf of Unregistered Broker/Client/Customers. A broker will deemed to be a registered broker for the purposes of this Platform only upon fulfilment of certain conditions.
A broker, representing a seller or an Unregistered Broker/Client/Customer, will be directed towards an agreement. This agreement has to be accurately and adequately filled. After completely filling and signing the agreement, certain documents have to be uploaded for verification.
The documents which have to be compulsorily submitted are
Broker Registration Certificate
Shop and Establishment Registration Certificate
Pan Card of the Broker/Broker entity
Aadhaar Card of the Broker.
Upon strict scrutiny, physical verification and confirmation of the documents by the representative of the Company, a broker will be entitled the status of a registered broker.
A registered broker can, by setting up an account, provide any property descriptions, photographs of the property, list out the required details about the property, provide financial or other contact information on the Platform which will be displayed for use by prospective Unregistered Broker/Client/Customers.
A property will be listed on the Platform only after carrying out a thorough physical verification of the property. The weblink for the said property will be active only after the said verification is completed.
VII. GENERAL COVENANTS WITH RESPECT TO SERVICE PROVIDERS:
- The services which are intended to be provided by the Service Provider will be mentioned under the tab 'Other Services' on the Portal.
- A User, requiring a special service may click on this tab which will be directed to a new webpage. This webpage shall contain the list of services which the User would wish to avail.
- A description regarding the nature of services provided by the Service Provider will be reflected on the top of the page followed by the address, contact details such as phone number, email address etc. of the Service Provider. The User can make use of these details and can directly contact the Service Provider for the services they require.
- The User agrees that the Company will not be a party to any transaction that may occur between the User and the Service Provider. The Company will not be held liable for any failure or misdeed which may occur during such transactions. The Portal will function only as a platform to inform and help users to avail services.
VIII. ACCESS SECURITY AND PASSWORD:
- The User may set a personal account which will be protected by a strong password.
- All the transactions on the Platform will be secured and protected and all the information provided by the Users will be encrypted and will not be disclosed to any third party.
- All Users are asked to set strong passwords for their accounts to circumvent the possibilities of hacking or leakage of personal information.
- All Users may be asked to change their passwords from time to time to ensure better protection of data and information.
- All Users must take sufficient and adequate steps to prevent unauthorized access to their personal information.
- No User is allowed to indulge in any activity by which some or all of the listings on the Platform can be downloaded without the prior consent of the Company.
- The Company will not be liable for the inaccuracy or illegitimacy of any listing or information of any property by any User. The Company will not be liable for any loss of money, goodwill or reputation or any damage arising out of the services provided by the Platform.
IX. RIGHT OF THE COMPANY OVER USER INFORMATION:
- By accepting these terms and conditions, the User agrees to authorize that the Company has the right to own all copyright and other Intellectual Property Rights over all the information provided by them.
- The Company will be the sole owner of all the information provided by the User, including listings, details of Users and other related information.
- The Users have no right or claim over the information provided by them and all the Intellectual Property Rights over the same will be exclusively with the Company. The Company will have the right to take recourse of legal remedial action if a User uses the Intellectual Property in any other Platform related activity which amounts to infringement of the Intellectual Property Rights.
X. OBLIGATIONS OF THE USERS:
The following are the obligations of the Users which need to be fulfilled while using the services of the Platform.
- The User must provide complete and correct information regarding his/her/its name, residential address, age, email address and other details as required by the Platform.
- The User must agree to review the terms and conditions from time to time which are subject to change at the complete discretion of the Company.
- The User must agree that all information provided will be subject to verification process by the Company.
- The User must ensure compliance with the instructions given by the Company at all times while accessing the Platform.
- The User is responsible for all applicable taxes and costs which he/she/it might incur while assessing the services of the Platform.
- The User will be solely responsible for all the information stored and transmitted by them and is responsible for any wrong information entered by him/her/it and will be liable for any action taken by a third party with regard to the same.
- The User must not disclose their Username and password to any person and must keep all transactions confidential.
- The User must inform the Company immediately in case of any breach or unauthorized use of personal information.
- The User acknowledges that all information provided by him/her/it will be saved and used and commercially exploited by the Platform as deemed fit by the Company.
- The User must have the knowledge that by submitting any information to the Platform, he/she/it is granting the Company an irrevocable, non- cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right to exercise all copyright and publicity rights to use, reproduce, publish, distribute or perform and display such content on the Platform.
XI. PROHIBITED ACTIONS OF THE USER:
The following actions of the User are strictly prohibited such as;
- The User must refrain from providing information which is fraudulent or has an intention to misrepresent, mislead or pertains to the sale of any illegal, counterfeit or stolen property. He/She/It must be true and legal owner of the property which has been listed in his/her/its name.
- The User must not print, download or duplicate any personal information posted by any other User for any lawful or commercial purpose other than buying/selling or otherwise transferring the property.
- The User must not allow any other individual to access his/her/its account and utilize the services offered by the Platform.
- The User must not use the information provided by the Platform for any unlawful or fraudulent purposes.
- The User must not infringe any Intellectual Property Rights of the Company or any person or entity listed on the Platform by copying, modifying or distributing such content.
- The User must not indulge in any activity or transaction which would pose a threat to the safety and security of the Platform.
- The User must refrain from any activity which would involve transmission of a virus, worm or other harmful component into the system of the Platform while accessing the services provided by the Platform.
- The User must not undertake to resell or assign his/her/its rights or obligations under these Terms and Conditions.
- The User must not upload or transmit any information, the content of which is offensive to religious, moral, racial or political sentiment. The Company has right, in its sole and absolute discretion, to refuse, delete or remove any such information.
- The User must not upload or transmit any information, the content of which is an expression of bigotry, racism, defamation or hatred based on age, gender, caste, religion, race, ethnicity, disability or nationality or is in the nature of being derogatory, slanderous, grossly harmful, objectionable, disparaging to any third party.
- The User must not upload or transmit information which is obscene, contains pornography or contain "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
- The User must not upload or transmit any information which is in contravention with the provisions of the Information Technology Act, 2000 in addition to rules, regulations or guidelines made in respect to it.
- The User must not upload or transmit any information which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
- The User must not indulge in any activity of selling or buying any property, the dealing of which is prohibited or restricted in any manner under any applicable law, rule or guideline in force.
- The User must not indulge in any activity which would lead to a violation of any terms and conditions as mentioned in this policy. The Company has the right to terminate and or suspend the membership of any such individual or entity.
XII. INTELLECTUAL PROPERTY RIGHTS:
- The User of the Platform has no right or claim to use, copy reproduce, distribute, transmit, broadcast, display any trademarks, trade names, service marks, logos, domain names or any distinctive brand features of the Company.
- All such logos, trademarks, trade names, service marks, brand names, including material, designs, and graphics belong exclusively to the company and no User can indulge in any activity which will amount to infringement of the Intellectual Property Rights.
The User agrees to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content of what the User submits, posts or transmits through the service, through the User’s use of the services, the User’s connection to the service, the User’s violation of these Terms or Condition or the User’s violation of any rights of another.
All aspects related to financial, commercial, operational and technical information of the Company which is received by the User, have to be kept confidential and secret.The User is not allowed to disclose to any third party the confidential information of the company, in whole or in part, except in cases where it is required and upon prior written permission from the Company.The Useris not allowed to use, reproduce, transform or store such confidential information without prior written permission of the Company. All confidential information voluntarily provided by the Userto the Company is done at their own risk. If such information is misused and collected by a third party, the Company is not liable for such an action.
XV. MODIFICATIONS TO SERVICE:
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. The User agrees that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the service.
The Company reserves its right to modify or terminate the services provided by the Platform, for any reason, without prior notice, without liability to the User or any other members or third party. The Company also reserves the right to modify the terms from time to time without notice. The User agrees to regularly review the Terms and Conditions to keep himself/herself/itself apprised of any such changes.
XVII. FORCE MAJEURE:
- The Company shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control ("Force Majeure Event").
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company's reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- The Company's performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and the Company shall have an extension of time for performance for the duration of that period. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which its obligations under these Terms shall be performed despite the Force Majeure Event.
XVIII. ENTIRE AGREEMENT:
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter thereof, supersede, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.
Any Complaint/ Notices to the Company may be made via email or regular mail to the below mentioned address:
F-312/313, sobo center,
Email: [email protected]