Residential Property in Mumbai | Buy House in Mumbai

🔷 GENERAL

🔹 This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website ‘www.hookfish.in’ (hereinafter referred to as the “Website”) which is owned and operated by Snail Consultancy Private Limited(hereinafter referred to as the “Company”), a private limited company incorporated under the Indian Companies Act, 2013 having its registered office atA-106, United Business Park, LBS Road, Bhandup West, Mumbai.

🔹 where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

🔹For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

🔹 The term ‘You’ & ‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, residing in India and registers himself by providing all basic and necessary information and who is bound by the terms & conditions of Snail Consultancy Pvt Ltd (Hookfish), and who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872. The ‘User’, also called the ‘Buyer’, is a basic User who does not have to pay for the Services (as mentioned below) and who can become a ‘Premium User’ upon payment of money (as mentioned below);

🔹 ‘You’ where the context relates to ‘Premium User’ & ‘Premium User’ means any individual, as the case may be, who is interested in paying a certain subscription amount to the Website for certain additional benefits in terms of commission that can be earned for referrals, and who plays the role of a ‘Broker’, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.

🔹 ‘You’ where the context related to ‘Property Seller’ and ‘Property Seller’ means any individual or legal person, as the case may be, who is a registered owner of any property who is willing to sell the property through the Website;

🔹 ‘The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website and/or the Company, as the context so requires.

🔹 The term ‘Services’ shall mean the business of providing a portal for Brokers, Property Sellers and Users, where immovable property owned by Property Sellers are distributed and sold to other Users through Brokers/partners, and referrals can take place by Users/Brokers to other Users/third parties and Brokers can market the properties through different methods including various types of campaigns. vi) The terms ‘Party’ & ‘Parties’ shall respectively be used to refer to the User/Premium User and the Company individually and collectively, as the context so requires.

🔹 Specific Defined terms:

🔹 All Exclusive Price of Property :

🔹 The term ‘All inclusive price of property’ shall mean and include the Property Carpet Area rate per square feet + Any govt tax applicable to register with registrar of Govt + Other charges considered by Seller + car parking charges + Floor rise.

🔹 Assurance:

🔹 SCPL does not provide any specific assurance over the property, rather it ensures that the property is registered under RERA and assures that no other properties will be listed under its website. SCPL assures that it will from time to update the status of the property which is explained clearly under the Real time Status Update in this agreement.

🔹 Broker/ Partner/ Associate/ Real Estate Agents:

🔹 The term ‘Broker’ or ‘Partner’ or ‘Associate’ or ‘Real Estate Agents’ shall mean and include any person who is a User of this Website and who has registered himself/herself as an real estate agent under RERA and who produces his Agent Registration Certificate under RERA for the same.

🔹 Buying Packages or Services:

🔹 The ‘Buying Packages or Services’ can be done by Users who have registered themselves as Broker/ Partner/ Associate/ Real Estate Agents who in turn have registered themselves under RERA and GsTIN and any other applicable government taxes from time to time for whom the website offers some advance services on payment of necessary charges.

🔹 Commission:

🔹 The term ‘Commission’ mean and include a predetermined percentage of amount paid at predetermined rate on the Basic value of Property to the referral of qualified buying / qualifying buying it shall appear on the profile page of the user. A commission is calculated from the basic price of the property and the claim for the same shall expire at the end of one year from the date of referral. An User cannot make any claim over the commission after the expiry of one year from the date of referral. It varies from offers, events or some special offers.

🔹 Exclusive Deals:

🔹 The term ‘Exclusive deals’ shall mean and include the deals or discounts given by the Property Seller to sell his/her property through the website with exclusive selling and marketing rights. The website reserves the whole and complete right over the marketing of the properties listed under the website and the Users cannot make any claim over the marketing and selling rights of the property and

🔹 Free Member:

🔹 The term ‘Free Member’ shall mean and include a User who can just view the website or who shows interest in the property and refers the website to their friends or family or any person for reference purpose.

🔹 Government Charges:

🔹 The term ‘Government Charges’ shall mean and include all direct and indirect taxes levied by both the Central Government and the respective State Government from time to time pertaining to the registration of a property including but not limited to the Stamp duty to be borne for the purchase and the fee for the registration of the property.

🔹 GST:

🔹 The Company “Snail Consultancy Private Limited is registered with GST having GST Reg. No.27AAUCS6493A1ZV with the respective government and the Premium User / Registered User shall be compulsorily registered with the same.

🔹 Legal Advice:

🔹 SCPL doesnot provide any legal advice over the properties listed rather it ensures that it will only list properties that are registered under RERA.

🔹 Legal Status of Property:

🔹 The Company assures legal status of property before it goes for offer, provide and fulfil by seller/ developer as SCPL will only list properties that are registered under RERA.

🔹 Real Time Status:

🔹 The Company keep track of real time progress of property which are listed for sale, for the convenience of the User but due to any technical /Human problem actual status might differ. The date of the last update on the status of the property will be displayed.

🔹 Referral:

🔹 The term ‘Referral’ shall mean any person who is registered as an user/ agent/ guest/ one time user/ any other person who refer this site to his friend/relatives/anyone else through a link from his registered mail id on this site/ any other digital and social media.

🔹 Property Seller:

🔹 The term ‘Property Seller’ shall mean a registered owner of the Property who is willing to sell the same through the website and who possess all approvals in place and who accepts that all the information provided by him/her in the website regarding the sale of his/her property are true and who bounds by the litigation arising out of such promise.

🔹 Paid Member:

🔹 The term ‘Paid Member’ shall mean a User who pays certain amount to the website as subscription to register themselves as Broker/ Partner/ Associate/ Real Estate Agents/ Real Estate Professional .

🔹 Reservation / Booking:

🔹 The term ‘Reservation/Booking’ shall mean and include the offer made by the Buyer for the purchase of the Property listed by the property Seller in the website within the offer period on acceptance of the terms and condition set out therein for the particular purchase.

🔹 Registration of Sale Agreement between the Buyer and Seller:

🔹 The Registration of Sale agreement between the Buyer and Seller shall take place after the Successful reservation/Booking of the property and all successful sales shall be governed by terms and condition of agreement for sale to be entered in between Register user and Property Seller.

🔹 RERA:

🔹 The term ‘RERA’ shall mean and include the Real Estate Regulatory Authority Act or the Real Estate Regulatory Authority rules/Act of the concerned state. 19. RERA Registration number of the Broker/ Partner/ Associate/ Real Estate Agents: The Broker/ Partner/ Associate/ Real Estate Agents are Users who have registered themselves as a Real Estate Agent under the concerned RERA of the State and have produced their Agent Registration Number in the website.

🔹 RERA registration of Property:

🔹 All the property listed by the Property Sellers under this website are duly registered under the RERA of the concerned state and the Certificate for the same is produced in the website.

🔹 Stamp Duty or Registration Charges:

🔹 The term ‘Stamp duty’ or the ‘Registration Charges’ are the charges which the Buyer has to pay the appropriate government or the State Government to register the property confirming ownership.

🔹 Successful Sale:

🔹 The tern ‘Successful Sale’ shall mean and include any sale or purchase of property through the website by the Buyer or User from the Property Seller after payment of the Booking Amount as mentioned in the agreement between the Buyer and the Property Seller.

🔹 Successful Buying /Reservation / Booking:

🔹 The term ‘Successful Buying /Reservation / Booking’ mean the Booking or reservation done by a Buyer after payment of the necessary booking Amount to the property Seller within the Offer Period and the said booking is confirmed by the Property Seller by signing a Seller Agreement and the said sale being registered on payment of the necessary Government Charges.

🔹 Unique Coupon Code:

🔹 Every registered User shall be provided with a Unique Coupon Code for a limited period which can be used at the time of Referral to offer or recommend the real estate services.

🔹 Verified Properties:

🔹 Property listed in the website for offer goes through 45+ metrics of SCPL before going to offer that are provided and fulfilled by seller/Promoter. SCPL will only list the properties that are registered under RERA.

🔹 The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.

🔹 The use of this Website by the User/Premium User is solely governed by these Terms as well as the Privacy Policy and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion.If You continue to access and use this Website, You are agreeing to comply with and be bound by the following terms and conditions of use and Our Privacy Policy. The User/Premium User expressly agrees and acknowledges that these Terms and Policy are co-terminus, and that expiry/termination of either one will lead to the termination of the other.

🔹 The User/Premium User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User/Premium User and the Company, and that the User/Premium User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User/Premium User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User/Premium User, and that the User/Premium User’s act of visiting the any part of the Website constitutes the User/Premium User’s full and final acceptance of these Terms and the aforementioned Policy.

🔹 The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User/Premium User, and the User/Premium User expressly agrees that any such amendments or modifications shall come into effect immediately. The User/Premium User has a duty to periodically check the terms and stay updated on its requirements. If the User/Premium User continues to use the Website following such a change, the User/Premium User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User/Premium User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website.If the User/Premium User does not adhere to the changes, You must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.

🔷 REGISTRATION :

🔹 Registration for this Website is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may not do so through Your legal guardian and the Company reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its Services. Further, at any time during Your use of this Website, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your account. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.

🔹 Registration as User :

🔹 To fully avail the Services of the Website and use of it, a one-time User registration is required to create a profile, for the User, by providing the following information which shall include but not be limited to name, email ID, contact number and location. Users have the option of linking their social media accounts to the Website.

🔹 Registration as Premium User

🔹 A one-time User registration is also required for the Premium User/Broker. If the User wants to become a Broker on the Website, the User shall pay a certain subscription amount as provided in the Schedule to these Terms of Service. You may access the Services by signing in as a Premium User by providing the following information which shall include but not be limited to Name, Age, Mobile Number, Email ID, organisation name, bank details, RERA number and certificate and GST IN (if applicable). This information is used to provide you with important services via e-mail, and information that may be customised to Your demographic, interests, professional lives, and desired experience.

🔹 Every Property Seller and Broker who wishes to engage with the Website for the purpose of selling their property or marketing the properties as a Premium User/Broker shall be mandated to register themselves with the RERA Authority, in compliance with the law, and shall provide their registration codes to the Website before they shall be permitted to sell or market the properties with the Website.

🔷 SERVICE OVERVIEW

🔹 Of the Website :

🔹 The Website allows for ancillary services to be performed that relate to the provision of discounts, the granting of commissions and buying and selling of immovable property, including legal advisory and home loan assistance. The Website also services third parties to advertise on the Website at its sole discretion. Such listing/advertisement on the Website must first be approved by the Company before it is listed on the Website.

🔹 Referral Policy:

🔹 Referral Program T&C – Referring Member :

🔹 PLEASE NOTE THAT THE HOOKFISH TERMS OF SERVICE AND PRIVACY POLICY AGREED TO BY YOU APPLY TO YOUR PARTICIPATION IN THE MEMBER REFERRAL PROGRAM AND YOUR USE OF THE MEMBER REFERRAL DASHBOARD AND OTHER TOOLS AND WEBSITES PROVIDED BY HOOKFISH. THESE PROGRAM TERMS AND CONDITIONS (“TERMS”) SUPPLEMENT THE HOOKFISH TERMS OF SERVICE AND PRIVACY POLICY. PLEASE CONSULT THE HOOKFISH TERMS OF SERVICE AND PRIVACY POLICY BEFORE AGREEING TO THESE ADDITIONAL TERMS AND CONDITIONS.

🔹 Description of the Program

🔹 The HookFish Member Referral program (“Program”) permits select, invited HookFish Members to earn money (see Payment section below) by referring to HookFish first time, new Members (“Referred Buyers/Friend”) who view listings for the first time and successfully complete bookings. A Successfull booking is a booking that is accepted by the Referred Buyer and paid for by the Buyer and which is not cancelled by either the Member or the Referred Buyer at any time before or after the scheduled date of booking/sale.

🔹 Member Eligibility Compliance

🔹 Only Members who have registered with Hookfish as agents are available to participate. The Referring Members ought to have complied with the GST(Goods and Services Tax) Registration and a registered agent under the RERA (Real Estate Regulatory and Development Act,2016). To participate, Referring Members must agree to these Terms. The Program may not be combined with other HookFish referral programs or incentives. When you refer a Referred Buyer, the Member will see your HookFish listing and profile on the landing page for your Referral Link.

🔹 Multiple Referrals

🔹 A Referred Buyer/Friend will be attributed upon Referring Host’s invite. In case of several referral links are received by a person from different Hookfish.in users, only the corresponding Member of the referral link/ Code used by the Referred Friend/Buyer will receive commission from this site. A Referred friend may only use one referral link/Code referring the same lead/ deal/ property.

🔹 Use of the Dashboard.

🔹 Purpose other than tracking your own progress and the progress of others in your geographic area. You will respect the privacy of others and comply with applicable laws.

🔹 Referral Member Terms.

🔹 You agree to (i) use best efforts to refer Referred Members to refer and activate bookings of the projects; and (ii) educate Referred friends/buyers on how to use the HookFish platform, including how to make and facilitate bookings through the HookFish platform, by pointing them to resources at Hookfish.in" You may not represent yourself as an employee, intermediary or agent or as being authorized to bind the Company. You may not create materials (including business cards, websites or email addresses) bearing Company branding or that imply any affiliation or agency relationship between you and HookFish. However, you must state that you are a Referring Member who is encouraging Members to list and facilitate booking through HookFish. You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You should only contact people who have given you their consent to be contacted. You agree and represent that you will always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead). Make sure to tell your friends and other who you invite to join HookFish to check the laws that may apply to them and that you educate them about what it takes to be a responsible member. You agree that you will not set up accounts, create listings, or prepare listing content on behalf of Referred Buyers/Friends and that you will not be eligible for payments if you are in breach of these Member Referral Program Terms.

🔹 Payment Policy:

🔹 All Referred buyers/friends must be new, first time users. No payment will be made for listings created by current or former HookFish users. Whether a payout is due shall be a decision made in the sole discretion of HookFish. HookFish reserves the right to any remedy, including denial of payout or cancellation of your account, if fraud, tampering or other violations of HookFish's Terms of Service or these Terms are suspected. All commission/referral income will be paid in Indian Currency ( Rupees ) only.

🔹 Referral Income :

🔹 Percentage a percentage amount as Referral income of Basic value of Property/ Product sold by the referred friend or bought by the referred buyer. On every successful / Qualified buying by Register user Brokerage / commission decided by Hookfish will depend on FREE USER / Premium Member, Commission criteria. If for any reason you believe that there is a discrepancy regarding your balance of Commission , please contact us. SCPL may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at SCPL sole discretion. Hookfish has right to modify or change the percentage of the Referral Income without any notice to the Referral Members.

🔹 Taxes

🔹 Tax regulations may require us to collect appropriate tax information from Referring Members, or to withhold taxes from payouts, or both. The HookFish Terms of Service as it relates to the application of taxes applies to any Program payout. You are responsible for any Tax consequences, if any, that may result from your redemption or use of Commission. Where applicable, SCPL may be required to account for GST or any other Taxes for the time being on any services for which the Commission is given. You are solely responsible for keeping the information in your tax forms current, complete and accurate. If you fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you, we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. HookFish cannot and does not offer Tax-related advice to you.

🔹 Nature of Relationship

🔹 as per RERA act and You hold all liabilities over the properties. You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Program that you are not an employee, intermediary or agent of the Company, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of the Company. You agree nothing in your participation will be construed as establishing an employment or agency relationship between Company and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by the Company to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits. The Company will not carry any liability or other insurance on behalf of you or in your favour.

🔹 Warranties

🔹 You represent and warrant that:

🔹 you have all necessary consents and permits to participate in this Program,

🔹 you have no pre-existing obligations or commitments (and will not assume or otherwise undertake any obligations or commitments) that would be in conflict or inconsistent with or that would hinder your performance of your obligations under this Agreement,

🔹 You will fully comply at all times with all applicable laws and you will not infringe on any third-party (including HookFish) rights.

🔹 Indemnity

🔹 You will defend, indemnify and hold HookFish harmless from and against all claims, damages, liabilities, losses, expenses and costs (including reasonable fees and expenses of attorneys and other professionals) arising out of or resulting from your negligence or intentional misconduct with respect to your participation in the Program.

🔹 Reservation Policy

🔹 Clicking or Joining property doesn't mean that the property is Reserved or Booked, Actual reservation depends upon the availability

🔹 Termination

🔹 HookFish may terminate your participation in the Program at any time, for any reason or no reason. The rights and obligations of the parties under these Terms will survive until the expiration or termination of this Agreement.

🔹 Exclusion and Limitation of Liability

🔹 In no event will HookFish be liable for any special, incidental, punitive, exemplary or consequential damages of any kind in connection with this Agreement, even if the Company has been informed in advance of the possibility of such damages. In no event will the Company’s aggregate liability to you in connection with this Agreement exceed the aggregate amount of the payments made by the Company to you in accordance with this Agreement.

🔹 Modification

🔹 HookFish reserves the right, at its sole discretion, to modify the program at any time by posting an update on this page. By continuing to access the Dashboard or recruit Referred Members, you agree that the Terms are acceptable to you and binding on you. If the modified Terms are not acceptable to you, your only recourse is to cease using the Dashboard and to terminate your Program participation.

🔹 Service Overview of Property Sellers

🔹 Property Sellers are those registered property owners who list their properties for sale on the Website after entering into an agreement with the Company to use the website as a platform for the purpose of selling its property with exclusive selling and marketing rights.

🔹 The Property Seller shall provide all information genuinely pertaining to the property and the property must be registered under RERA if the same is mandated by the Act.

🔹 The Property Sellers can sell the property at ‘All Inclusive Cost’. Property Sellers shall also decide on the quantum of the ‘Booking Amount’ to book properties by paying some percentage of Basic Price of the property as defined herein. The Booking Amount shall vary as per the property, the location and the Seller, and shall be at the discretion of the Property Seller.

🔹 A Successful Sale shall take place when the Buyer books a property listed by a Property Seller on the Website, by paying the Booking Amount within the offer period, and then the Buyer and Property Seller enter into a Sale Agreement against such successful booking, in accordance with all statutory and government compliances. The stamp duty and other government charges shall be paid by the Buyer to the Registrar, and shall be decided by the State in accordance with applicable laws, rules and guidelines.

🔹 Of Brokers

🔹 Users who pay a subscription amount and who have the appropriate permissions under RERA shall be designated as Brokers, as mentioned above. Brokers are considered partners for marketing and sales of the properties listed by the Property Sellers on the Website

🔹 The Brokers who are engaged in the marketing of properties shall be referred to as ‘Advertisers’, to be considered distinct from third-party Advertisers. The Advertiser shall purchase the online advertising package at the rate listed and for the duration specified in the ‘Online Form’ which is attached and incorporated herein by reference and made a part of this Terms of Use. The Advertiser, in compliance with the provisions of this Terms of Use, shall offer to purchase an Advertisement Plan on the Website, which offer may be accepted by the Website at its sole discretion.

🔹 Upon acceptance of the offer by the Website, the Website shall use commercially reasonable efforts to deliver the ‘clicks’ or other obligations as set out on the Online Form to the Advertiser, but cannot warrant or make any guarantee in respect of

🔹 The number of graphical impressions of Advertiser’s products or

🔹 The number of clicks on the Advertiser’s advertised products or

🔹 Successful Booking to the Advertiser’s products as a result, or

🔹 The exact times at which the impressions or clicks will be delivered

🔹 The Website shall only display and deliver graphical impressions, and the word ‘impression’ shall deem to mean ‘graphical impression’. If any Users click on any impression, they shall be redirected to the Advertiser’s product page. Upon expiry of the term of the Advertisement Plan or upon any suspension/termination of the account of the Advertiser/termination of the Advertisement Plan, the Website shall not be obliged to deliver any further clicks, regardless of actual delivery. The Advertiser shall deliver to the Website such technical and other materials as the Website may reasonably require from the Advertiser from time to time.

🔹 Once any campaign is submitted by the Advertiser under the Online Form provided, the same cannot be cancelled by the Advertiser by applying for change in status before the campaign ‘go-live’ date. If the Advertiser still seeks for a cancellation, which is successfully processed (all processing in this regard shall be at the sole discretion of the Website), the Advertiser will be liable to pay for all advertisements/clicks already delivered up till the effective date. Once a campaign is created on the panel, money or equivalent credit amount shall be deducted from the Advertiser’s account.

🔹 If the Website is not able to deliver all clicks or if the advertiser cancels the campaign, the Website shall not make any guarantee in relation to any conversions/any other performance metrics from the clicks that will be delivered from the campaign.

🔹 Notwithstanding the acceptance of the online marketing of properties carried out by the Advertiser by the Website, the Website may remove or refuse to publish or link to any material which is in its sole discretion considered defamatory, misleading, abusive, unlawful, or otherwise inappropriate or that promotes competitive services or in violation of the Company practices, policies or detrimental to the reputation of the Company/Website. If and where applicable, the Website may restrict or discontinue the delivery of any emails or other communications to any or all users containing advertisements / impressions or promotions featuring Advertiser:

🔹 if the Website is satisfied in its reasonable judgement that to send such emails to users may expose the Website to the risk of sanctions under applicable laws or regulations, including laws relating to data privacy and/or protection; or

🔹 if any individual user has opted out or otherwise indicated to the Website that he or she does not want to receive any advertisements / impressions or promotions for services provided by any third-party company other than the Company or its affiliated companies.; or

🔹 if the Advertiser is engaging in spamming activities, or carrying out advertisements to unknown persons/number.

🔹 As between the Website and Advertiser, the Website retains all right, title and interest in and to all intellectual property rights embodied in or associated with the website, and the Advertiser, as the case may be, retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the Advertiser materials.

🔷 ELIGIBLITY

🔹 The User/Premium User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User/Premium User may not use the Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

🔷 CONTENT

🔹 All text (articles, blogs and parts thereof), graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is generated/provided by a third party who is selling/buying/marketing the property, and We have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such Content. All the Content displayed on the Website is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company and the copyright owner.

🔹 The author of the content (the Property Seller) is solely responsible for the integrity, authenticity, quality and genuineness of the content and information provided on the properties on the Website and whilst reviews and comments by Users shall be made via the Website, the Website bears no liability whatsoever for any reviews or comments made by the User made in respect of any of the content by third party authors on the Website. The author shall be solely responsible for making good any financial or legal losses incurred through the creation or sharing or submission or publishing of content or part thereof that is deemed to be false or misleading in nature, which means that the Property Seller has to bear any litigation that may arise from any incorrect or misleading or incomplete information provided on the Website.

🔹 access the Content on the Website. Users shall not copy, adapt, and modify any content without written permission of the Company.

🔷 TERM

🔹 These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User/Premium User continues to access and use the Website.

🔹 A User/Premium User may terminate his/her use of the Website at any time. The Company may terminate these Terms and close a User/Premium User account at any time without notice and/or suspend or terminate a User/Premium User’s access to the Website at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. It is also hereby declared that the Company may discontinue the Website without any prior notice.

🔷 TERMINATION

🔹 The Company reserves the right, in its sole discretion, to unilaterally terminate the User/Premium User’s access to the Services, or any portion thereof, at any time, without notice or cause. The Website also reserves the universal right to deny access to particular User/Premium Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Website and/or other visitors to the Website. The Website reserves the right to limit, deny or create different access to the Website and its features with respect to different User/Premium User(s), or to change any of the features or introduce new features without prior notice. The User/Premium User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User/Premium User shall not have the right to terminate these Terms till the expiry of the same.

🔷 COMMUNICATION

🔹 By using this Website, and providing his/her identity and contact information to the Company through the Website, the User/Premium User hereby agrees and consents to receiving calls, auto-dialled and/or pre-recorded message calls, e-mails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy. In the event that the User/Premium User wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the User/Premium User may unsubscribe via email at [.] or SMS at [.]. The User/Premium User agrees and acknowledges that it may take up to fifteen (15) business days for the Company to give effect to such a request by the User/Premium User.

🔹 The User/Premium User expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User/Premium User on the Website or anything pursuant thereto and the User/Premium User agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User/Premium User with the Company shall be governed by the Privacy Policy.

🔷 CHARGES AND PAYMENTS

🔹 Registration on this Website is free for Users and this includes accessing the Website, viewing, buying, selling property, and referring properties to third parties. Registration on the Website is not free for Premium Users and is as per terms contained in Schedule-I that forms part and parcel of these terms. Further, the Website shall charge a service fee as may be specified to the User desirous of selling their property (Property Sellers), as well as the Premium Users.

🔹 Users and the Premium Users. In case that happens, User/Premium Users will be intimated of the same, and it will be up to you to decide whether or not you will continue with services offered by us. Such changes are effective as soon as they are posted on the Website. The Premium Users shall make timely payments to the Company for continuing with their premium membership, and shall receive commissions as per the details mentioned in Schedule-I. The Premium User shall make a payment through the third-party payment gateway available on the Website, as per the terms specified in the third-party payment gateway. If the Company decides to discontinue the Website or Service at any time, the Company shall make payment of any amount paid by the Premium User [to be inserted], within approximately thirty (30) days after the end of the calendar month in which the Company has discontinued the Website or Service.

🔹 No member can claim refund for subscription and none of the subscription plan is refundable or cancellable unless otherwise expressly provided under the Plan. Any User who wishes to purchase a property and who requires reservation of the same has to pay a Booking Amount, to be decided by the User selling the property (the seller), that shall ideally be a fixed percentage of the basic price of the property. The User shall pay the Booking Amount within the designated offer period (decided by the User selling the property), and thereafter the User selling the property shall not enter into any agreement with any other User/third party for sale of the property.

🔹 A ‘Commission’ for the purpose of these Terms, means a predetermined percentage of the amount paid, at a pre-determined rate on the Basic Value of any property listed on the Website for sale, that is paid pursuant to the referral of qualified buying. The Commission shall expire at the end of one year from the date of purchase of the property, and shall vary as per various different promotional events, offers or any special circumstances designated by the Website. All commissions shall be paid to the bank accounts of the respective Users/Brokers that have been provided by them to the Website at the time of registration, within 45 days from the date of registration of the property with the Property Seller, with applicable tax deductions. The Users/Brokers are responsible for keeping their bank details accurate and updated, and the Website shall bear no liability for discrepancy in payments due to any incorrect, redundant or incomplete information provided.

🔹 If for any reason, You believe that there is a discrepancy regarding the payable Commission or the balance of Commission, please contact us at [info@hookfish.in]. The Company may require You to submit additional information in order to make a determination regarding Your balance. All decisions regarding your balance will be final and at the sole discretion of the Company.

🔹 The client mapping policies available for Premium Users and Users are as follows:

🔹 Free service : any User can obtain this option that is made available to Buyers or to registered Brokers, as per the provisions contained within these Terms of Use and the co-terminus Privacy Policy. ‘Client mapping’ shall be carried out for a fixed period, and the respective User/Broker shall be eligible to obtain 0.50% where clients are mapped for 30 days as a referral Commission on the successful booking, to be calculated based on the Basic value of Property

🔹 Paid service : This service requires the payment of a subscription amount by Premium Users or Buyers, where clients are mapped for 30 days, 45 days or 60 days, depending upon the respective subscription package mentioned on the Website, Such service shall entitle the subscriber to receive up to 2% of the Basic Price of the property as referral commission on qualified buying. The referral commission shall vary on a case by case basis, and shall be at the discretion of the Website.

🔷 REFUND POLICY

🔹 Refund of Booking Amount paid to the Developer or property Seller: No refund of money will be made by the website, it is the sole responsibility of the Property Seller and Broker to make the repayment to the Buyer in case of any default as per the terms and conditions and the booking policy.

🔹 Refund of Money paid for Premium User: No Refund of payment will be provided to services which provide to become Premium member to avail premium services to earn Higher commission / Brokerage .

🔹 Refund of Money paid for Platinum Refund of money shall be made only for platinum member For more info user can check Guarantee of Sales or Take your money back Policy

🔷 GUARANTY OF SALE OR TAKE YOUR MONEY BACK POLICY

🔹 Guarantee of Sales is available to only Platinum Premium Member to whom minimum of one sale is promised by the website at the end of the 60th day from the date of subscribing as a Platinum member, in the event of the said sale is not generated or the sale did not happen then the money so paid shall be refunded at the end of the 60th day without any question to their respective account submitted at the time of registration.

🔹 No Cancellation will be made in the event of a successful sale.

🔷 USER/PREMIUM USER OBLIGATIONS

🔹 The User/Premium User agrees and acknowledges that he/she is a restricted User/Premium User of this Website, and that he/she:

🔹 Agrees to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity to register.We are not liable if the User/Premium User has provided incorrect information.

🔹 Agrees to ensure the email address, address and mobile number provided during account Registration are valid at all times and shall keep your information accurate and up-to-date. The User/Premium User can update his/her details anytime.

🔹 Agrees that he/she are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

🔹 Understands and acknowledges that the data submitted is manually entered in to the database of the Website and all data in the Website should be backed by hard copies or appropriate evidence for the purpose of verifying the validity of the data. The User/Premium User also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference alone.

🔹 Authorizes the Website to use, store or otherwise process Your personal information and all published Content and User comments and reviews and ratings for marketing and promotional purposes.

🔹 Agrees to take up any issues relating to payment directly with the third-party payment gateway (in the case of the Premium User), and not involve the Company or hold the Company liable for the same.

🔹 Agrees to intimate the Company before visiting the property with the intention to buy the property, after paying the Booking Amount, in order to avail of facilities and/or benefits accorded to Users by the Website/Company.

🔹 Agrees that stamp duty, registration amounts and all statutory charges applicable on sale of property are payable by the User purchasing the property, in accordance with applicable laws for the same

🔹 Agrees to comply with the Real Estate (Regulation and Development) Act, 2016 and all applicable rules and guidelines made thereunder, in accordance with the particulars of the property in question

🔹 Premium Users desirous of performing brokerage services agree to obtain all the requisite licenses, certificates, registrations and permissions, as applicable, under the Real Estate (Regulation and Development) Act, 2016 and all applicable rules and guidelines made thereunder.

🔹 Advertisers who use marketing materials to market the different properties listed on the Website shall not be entitled to add, iterate, delete or modify the marketing material in any manner.

🔹 Users who have purchased property and who are required to take possession of the property to develop the same within a certain period shall adhere to the pre-determined timelines for possession and shall pay a penalty of 9% on the already paid amount to the Property Seller in case of any delay in taking possession. The Company is not liable to enforce this provision, and Users shall not hold the Company liable for any deviation/non-adherence to this provision.

🔹 Property Sellers selling any property shall provide a quality assurance certificate by a trusted third-party in respect of the property being sold, before or at the time of possession by the User buying the property. The Company is not liable to enforce this provision, and Users shall not hold the Company liable for any deviation/non-adherence to this provision.

🔹 In the event of any delay in the taking of possession of any property by the developer/Property Seller, the Property Seller/developer shall be liable to make payment of rental amounts, as per prevailing market rates to the Buyer up till possession is handed over. Such ‘rental assurance’ shall be provided in writing by the Property Seller to the Buyer at the time of sale of the property, and the same shall be enforced and complied with by the Property Seller/developer and the Buyer, with no liability by the Company for enforcement/deviation/non-adherence to this provision.

🔹 Understands and agrees that, to the fullest extent permissible by law, the Website/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the Website or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

🔹 Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the Content or part thereof for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.

🔹 Agrees not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User/Premium User’s access to the Website, as detailed in Section 11 herein below. The User/Premium User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website.

🔹 The User/Premium User expressly agrees and acknowledges that the properties displayed on the Website are not owned by the Company, and that the same are the exclusive property of the authors, who are Users who have chosen to publish their property listings through the Company’s Website, and that the Company is in no way responsible for the content of the same. The User/Premium User may however report any offensive or objectionable content, which the Company may then remove from the Website, at its sole discretion.

🔹 The Website permits the User to post, or upload data/information as user comments or reviews, and the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable or offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.

🔹 The User/Premium User further undertakes not to:

🔹 Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;

🔹 Engage in any activity that interferes with or disrupts access to the Website or the services provided therein (or the servers and networks which are connected to the Website);

🔹 Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;

🔹 Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

🔹 Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;

🔹 Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;

🔹 Download any file belonging to another User/Premium User of the Website that the User/Premium User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;

🔹 Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User/Premium User may not reverse look-up, trace or seek to trace any information relating to any other User/Premium User of, or visitor to, the Website, or any other viewer of the Website, including any User/Premium User account maintained on the Website not operated/managed by the User/Premium User, or exploit the Website or information made available or offered by or through the Website, in any manner;

🔹 Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;

🔹 Collect or store data about other User/Premium Users of the Website.

🔹 Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);

🔹 Violate any code of conduct or guideline which may be applicable for or to any particular service offered on the Website;

🔹 Violate any applicable laws, rules or regulations currently in force within or outside India;

🔹 Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;

🔹 Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.

🔹 Publish, post, or disseminate information that is false, inaccurate or misleading;

🔹 Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force

🔹 Commit any act that causes the Company to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;

🔹 Engage in advertising to, or solicitation of, other User/Premium Users of the Website to buy or sell any products or services not currently displayed on the Website. The User/Premium User may not transmit any chain letters or unsolicited commercial or junk email/messages to other User/Premium Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another User/Premium User of the Website without the express prior written consent of the Company.

🔹 The User/Premium User hereby expressly authorizes the Company/Website to disclose any and all information relating to the User/Premium User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User/Premium User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request. The Premium User acknowledges and agrees that prohibited conduct under these Terms and/or the Privacy Policy amounts to a breach of these Terms and/or the Privacy Policy, and any such breach shall result in permanent forfeiture of any pending payment for the applicable period to the Premium User.

🔷 DELETION/SUSPENSION OF USER/PREMIUM USER ACCESS AND ACTIVITY

🔹 Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User/Premium User’s access and/or activity by immediately removing the User/Premium User’s access credentials either temporarily or indefinitely, or suspend/terminate the User/Premium User’s association with the Website, and/or refuse to usage of the Website to the User/Premium User, without being required to provide the User/Premium User with notice or cause:

🔹 If the User/Premium User is in breach any of these Terms or the Policy;

🔹 If the User/Premium User has provided wrong, inaccurate, incomplete or incorrect information;

🔹 If the User/Premium User’s actions may cause any harm, damage or loss to the other User/Premium Users or to the Company, at the sole discretion of the Company.

🔷 INDEMNITY

🔹 You agree to indemnify, defend and hold harmless the Company/Website, its independent service providers, third party sellers, and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. further, You agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

🔹 Your use of the Website,

🔹 Any Discussions or Messages you provide;

🔹 Your violation of these Terms and Conditions;

🔹 Your violation of any rights of another;

🔹 Your conduct in connection with the Website;

🔹 Your internal disputes amongst other Users/Premium Users; or

🔹 You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent. In no event shall the Company/Website be liable to compensate the User/Premium User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User/Premium User’s use of or access to the Website and/or the services or materials contained therein.

🔷 LIMITATION OF LIABILITY

🔹 The Founders/ Promoters/ Associated people of the Website are not responsible for any consequences arising out of the following events:

🔹 If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure.

🔹 if the User/Premium User has fed incorrect information or data or for any deletion of data

🔹 if there is undue delay or inability to communicate through email

🔹 if there is a failure in the functioning of any other service provided by the Website.

🔹 If there is a failure in the functioning of third party payment gateways.

🔹 The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User/Premium User, the User/Premium User’s belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by the User/Premium User through the Website. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website.

🔹 User/Premium Users may be held legally responsible for damages suffered by other User/Premium Users, the Website or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to the Website.

🔹 User/Premium Users are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.

🔹 The Website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Websiteand which is incurred by you in connection with the Website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.

🔹 To the fullest extent permitted by law, the Website shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.

🔷 INTELLECTUAL PROPERTY RIGHTS

🔹 Unless expressly agreed to in writing, nothing contained herein shall give the User/Premium User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

🔹 The User/Premium User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective User/Premium Users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.

🔹 The User/Premium User is aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other User/Premium User. The User/Premium User is aware that the Company provides a Website through which the Users/Premium Users can view, buy, refer and market properties listed by other Users, and the Company/the Website does not own any of the intellectual property relating to the properties displayed on the Website, apart from originally created graphics and specified content.

🔹 The User/Premium User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User/Premium User will result in legal action being initiated against the User/Premium User by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

🔷 DISCLAIMER OF WARRANTIES AND LIABILITIES

🔹 The User/Premium User agrees and undertakes that they are accessing the Website and transacting at his/her sole risk and are that it is using his/her best and prudent judgment before availing any service listed on the Website, or accessing/using any information displayed thereon.

🔹 The User/Premium User agrees that any kind of information, resources, activities, recommendations obtained/availed from Website, written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these. You are solely responsible for your communication/interaction with other User/Premium Users on the Website and the Website doesn’t make any warranty about the conduct of User/Premium Users on the Website.

🔹The Company/Website does not guarantee that the functions, products and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User/Premium User hereby expressly accepts any and all associated risks involved with the User/Premium User’s use of the Website.

🔹 The Website may avail services from third party to serve you better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third party services. The Website will not be responsible for any internet delays and damages caused by such problems.

🔹 It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

🔷 FORCE MAJEURE

🔹 Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

🔷 DISPUTE RESOLUTION AND JURISDICTION

🔹 It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

🔹 Mediation:

🔹 In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;

🔹 Arbitration:

🔹 In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mumbai, India.

🔹 The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.

🔷 NOTICES

🔹 Any and all communication relating to any dispute or grievance experienced by the User/Premium User may be communicated to the Company by the User/Premium User writing an email to [.]

🔷 MISCELLANEOUS PROVISIONS

🔹 Entire Agreement:

🔹 These Terms, read with the Policy form the complete and final contract between the User/Premium User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

🔹 Waiver:

🔹 The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

🔹 Severability:

🔹 If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

🔹 Contact Us:

🔹 If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at [.]

Shedule -1

User Type	Normal User	Referred by Premium User	Premium "A"	Premium "B"	Premium "C"
Validity of Account	30 days	45 days /60 days	30 days	45 days	60 days
After expiry of validity of account	Account Deleted	Account Deleted	Life time Free User	Life time Free User	Life time Free User
OR	Can upgrade to Premium Member
Access of User after validity	No access to data		Retains access to data
Payment After validity	Only to activate customer in 30 days	Only to activate customer in 45 days or 60 days	Only to join customer in 30 days	Only to join customer in 30 days	Only to join customer in 30 days
Payment during validity	NA	NA	0.50%	0.50%	0.50%
Commission (on value of property)	0.5%	0.5%	1%	1.5%	2%
Promote	NA	NA	Advance	Advance	Advance