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Terms and Conditions

These Terms of Use (“Terms”) are a legally binding agreement between you (“You” or “User”) and Flats India Pvt Ltd. (“Company”), governing your access to and use of the website www.flatsindia.com (“Site”) and the services offered by the Company, including but not limited to the delivery of content via the Site or any internet-connected device (“Service”).

By accessing or using the Site, services, or tools, you agree to abide by these Terms and any applicable policies referenced herein. Your continued use of the Site indicates your acceptance of these Terms and forms a binding agreement between you and Flats India Pvt Ltd, the directors of the platform (“FlatsIndia”).

Agreement and Applicability

  1. Scope of Agreement:
    These Terms govern the use of all services provided by the Company through the Site, including but not limited to product reviews, seller reviews, and other interactive features.
  2. Binding Obligations:
    By using the Site, you agree to comply with all applicable rules, guidelines, and policies referenced within these Terms. These provisions are incorporated by reference and form an integral part of this agreement.

Incorporation of Service-Specific Policies

When you engage with specific services on the Site (e.g., submitting product or seller reviews), additional rules, guidelines, and policies may apply. Such service-specific terms will be deemed part of these Terms and carry equal binding authority.

Acceptance of Terms

By merely accessing or using the Site, you confirm your agreement to these Terms and the applicable policies. If you do not agree with any provision of these Terms, you must discontinue the use of the Site and its services immediately.

For more information or queries, please contact the Company through the communication channels provided on the Site.

I. Defined Terms

Unless otherwise specified, the capitalized terms used herein shall have the meanings assigned below:

  1. “Agreement”
    Shall mean and include the completed application form, its attachment(s), and the terms and conditions stated herein. It shall be deemed to have been executed at New Delhi.
  2. “Company”
    Refers to Flats India Pvt Ltd. (“the Company”), a Private Limited Company incorporated under The Companies Act, 2013, having its Head Office at Chennai, Tamil Nadu, along with its unit for the Company’s website flatsindia.com.
  3. “Date of Commencement”
    Refers to the date indicating the acceptance of the application by the User for the service. This date shall be specified by the Company in its notice to You, either through email or conventional mail.
  4. “Date of Termination”
    Refers to the date of expiry as mentioned in the notice and/or the letter of termination issued by the Company.
  5. “flatsindia.com”
    Refers to the internet website of the Company located at www.flatsindia.com.
  6. “My Subscriptions”
    Refers to the time-to-time information and description of the Services for the User, provided by the Company in writing or contained on the website flatsindia.com.
  7. “Registration Data”
    Refers to the database containing all particulars and information supplied by the User upon initial application and subscription, including but not limited to the User’s name, telephone number, mailing address, account details, and email address.
  8. “User”
    Refers to an individual or corporate subscriber for the Services, the signatory whose particulars are contained in the application form and includes their successors and permitted assignees. “User” or “You” also refers to any person who accesses or avails this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying, or uploading information or views, and includes other persons jointly participating in using the Site of the Company.

Interpretation

  • Words referring to the masculine gender shall include the feminine gender and vice versa, as the context admits or requires.
  • Words in the singular shall include the plural and vice versa.
  • Words importing persons shall include individuals, corporate bodies, and unincorporated associations.

II. Term

These Terms will remain in effect and form a legally binding agreement between the Parties until the User ceases to access or use the Site. The User’s continued access or use of the Site indicates acceptance of these Terms and constitutes an ongoing contract between the User and the Company.

III. Services

The Company offers a variety of internet-based services through its platform, which include, but are not limited to:

  • Posting a User profile or listing for the purpose of sale, rental, or related property services.
  • Searching for properties through the website FlatsIndia.com and its associated internet links.
  • Placing print advertisements in any of the group publications through the FlatsIndia.com site.
  • Posting advertisements on FlatsIndia.com.
  • Sending advertisements and promotional messages via emails and SMS.

The Services can be purchased through various available payment methods. The purchase and use of these Services are further governed by specific policies, including subscription fees, payment and refund policies, cancellation policies, and other applicable terms.

IV. Eligibility

You hereby represent and warrant to the Company that:

  1. You are at least eighteen (18) years of age or above and are legally capable of entering into, performing, and adhering to these Terms.
  2. Individuals under the age of 18 may only use the Services provided by the site with the active involvement and guidance of their parents and/or legal guardians, and only under such parent or legal guardian’s registered account.

You agree to register on the platform prior to utilizing any of its Services, including uploading content, posting comments, or accessing other features. During registration, you are required to provide accurate and complete details, including (but not limited to):

  • Full Name
  • Age
  • Email Address
  • Residential Address
  • Contact Number

VI. Subscription Fees

  1. The Subscription Fees for the Services provided shall be as specified on the “My Subscriptions” page or as determined by the Company from time to time.
  2. The liability to pay Subscription Fees shall commence from the Date of Commencement as defined in these Terms.
  3. Exemption Clause:
    All individual Users who access the Site or post information solely for the purpose of buying property shall be exempt from paying Subscription Fees under this clause.

VII. Payment & Refund Clause

  • Order Payment Breakdown:
    • 50% of the order amount is allocated as activation/administration fees and is non-refundable.
    • The remaining 50% may be refunded on a pro-rata basis, considering the extent of service usage.
  • Refund Process:
    • Refund requests require submission of complete documentation to the Finance team.
    • The processing of refunds will take a minimum of 21 days after receipt of all required documents.
  • Subscription Fees:
    • Must be paid as per the invoice terms or on demand by the Company.
    • If the User disputes the fees, payment must still be made, subject to the Company’s resolution of the dispute.
    • If the Company rules in the User’s favor, any excess payment will be refunded without interest.
  • Late Payment Penalty:
    • Delayed payments will incur interest on the outstanding amount, calculated from the due date until the final payment is received.
  • Non-Refundable Payments:
    • Payments made via the iOS app are non-refundable under all circumstances, including termination of the agreement for any reason.

VIII. Chargeback Policy

  1. Advance Payment Requirement:
    • All services require 100% advance payment before activation.
  2. Non-Refundable Payments:
    • Payments made for services are non-refundable, and any amount paid will be considered as fully appropriated.
    • Refunds, if any, will be at the sole discretion of the Company.
  3. Set-Off Rights:
    • The Company reserves the right to adjust any payments made by the User against any dues owed by the User under other agreements or commercial relationships involving the Company’s products or services.
  4. Refund Timelines Disclaimer:
    • The Company does not guarantee the accuracy or timeliness of refunds reaching the User’s bank or card account.
    • Delays may occur due to multiple organizations involved in processing online transactions, issues with Internet infrastructure, or financial institutions’ working schedules and holidays.

IX. Cancellation

  1. Company’s Right to Cancel Content:
    • The Company holds the exclusive right to cancel or remove any content from being published or displayed on its website or through any other medium.
    • Cancellation charges, if any, shall be determined based on the applicable rates outlined in the Company’s cancellation and refund policy.
  2. Platinum Listing Packages:
    • Orders for Platinum listing packages made via online payment options are non-cancellable and non-refundable, except for payments made through Cheque or Demand Draft.
    • Cancellation Requests for Cheque/Demand Draft Payments:
      • Such requests can only be made before the payment is realized by the Company. Once the payment is processed, cancellations will not be entertained.

X. Security

  1. Secure Transactions:
    • All transactions on the Site are encrypted to safeguard the User’s information from unintended disclosure to third parties.
    • The Company does not receive, store, or retain the User’s credit or debit card information. This data is handled directly by the payment gateway, which is compliant with the regulations of banks, institutions, and payment franchises.
  2. User Responsibility for Credentials:
    • Users must take necessary measures to protect the confidentiality of their identification and password, including periodic password changes.
    • The User agrees to use only their own credentials to access the services and not share them with any other individual or entity.
  3. Rights to User Identification:
    • The User acknowledges that they acquire no proprietary rights to any mailbox number, User identification, circuit reference, or any codes assigned by the Company.
    • The Company reserves the right to change or reassign such identifiers at its discretion without being liable for damages or other consequences.
  4. Reporting Theft or Loss:
    • In the event of theft or loss of User identification, password, or security credentials, the User must immediately notify the Company via telephone and follow up with a written notice.
    • The User remains responsible for any usage by third parties until the Company receives such notification.
  5. Limited Use of Credentials:
    • The provided username and password are for the exclusive use of the organization or individual named by the customer.
    • The User must take all necessary precautions to prevent unauthorized access or disclosure of these credentials.
  6. Restrictions on Data Extraction:
    • The User shall not employ any software to automatically download or extract any complete or partial data from the flatsindia.com database without obtaining prior written consent from the Company.

XI. Obligations and Representations of User/Subscriber

  1. Accurate Registration:
    • The User agrees to provide accurate, complete, and correct registration data during the initial application for Services.
  2. Data Verification:
    • The User acknowledges that any data entered on the Site will undergo a mandatory verification process by the Company.
  3. Licenses and Permits:
    • The User is responsible for obtaining, at their own cost, any licenses, permits, consents, approvals, and intellectual property or other rights required to use the Service.
  4. Compliance with Instructions:
    • The User will ensure compliance with all notices or instructions provided by the Company to enable the use of the Service.
  5. Responsibility for Taxes and Costs:
    • The User understands and agrees that they are responsible for all applicable taxes and costs incurred while using the Site and services.
  6. Information Responsibility:
    • The User is solely responsible for all information retrieved, stored, and transmitted through their account.
  7. Confidentiality of Credentials:
    • The User shall keep their password and user identification confidential and ensure that no unauthorized activities occur through their account.
  8. Unauthorized Use:
    • The User agrees to immediately notify the Company of any unauthorized use or breach of their password or account and to ensure they exit from the account after each session.
  9. Payment of Subscription Fees:
    • The User agrees to promptly make payment for the Subscription Fees as they become due.
  10. Equipment Setup:
  • The User is responsible for setting up or configuring their equipment to access the Services.
  1. Advertisement Processing:
  • The User acknowledges that online advertisements placed on flatsindia.com will be reflected after a 48-hour processing period.
  1. Data Usage:
  • The User agrees that any data entered into the Site can be saved, used, and commercially exploited by Flats India Pvt Ltd as deemed fit.
  1. Grant of Rights for User Data:
  • The User grants Flats India Pvt Ltd a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right to exercise all copyright and publicity rights over the material or User Data displayed in their listings.
  • “User Data” refers to all information submitted by the User, excluding sensitive financial details. Individually Identifiable User Data refers to information that can identify a specific individual.
  1. Indemnification:
  • The User agrees to indemnify Flats India Pvt Ltd for any claims or actions made by third parties resulting from any information posted on the Site by the User or on their behalf.
  1. Responsibility for Data:
  • The User is fully responsible for any wrong data entered on the Site and shall be liable for any resulting actions taken by third parties, whether civil or criminal.
  • The Company will strive to use the best industry practices to weed out false data and will attempt to withdraw any incorrect data after verifying the complaint.
  1. Indemnification for False Data:
  • The User agrees to indemnify and keep Flats India Pvt Ltd indemnified from any consequences arising from false data entered by them. The User warrants that all data entered on the Site is true, correct, and belongs exclusively to them.

XII. Prohibited Actions

  1. Unauthorized Use:
    • Users are prohibited from allowing any person other than the authorized person(s) named in the application form to use the Service.
  2. Resale or Assignment of Rights:
    • The User undertakes not to resell or assign their rights or obligations under these Terms & Conditions. The User also agrees not to make any unauthorized commercial use of the Service.
  3. Permitted Use:
    • The User shall use the Service solely for the purpose for which it is subscribed.
  4. Compliance with Laws:
    • The User shall comply with all applicable laws in India related to the Services and shall not contravene any applicable laws or regulations.
  5. Data Handling:
    • The User shall not print, download, duplicate, copy, delete, vary, amend, or use any data or personal information posted by any other User on the Site, except for data posted by the User themselves.
  6. Unlawful and Fraudulent Use:
    • The User shall not use the Service for any unlawful or fraudulent purposes, including criminal activities.
  7. Offensive Content:
    • The User shall not send or receive any messages that are offensive on moral, religious, racial, or political grounds or are abusive, indecent, obscene, defamatory, or menacing.
  8. Harassment or Threats:
    • The User is prohibited from posting any information or content on the Site that directly or indirectly causes any threat, harassment, annoyance, anxiety, or any other inconvenience.
  9. Intellectual Property Infringement:
    • The User shall not infringe on the intellectual property rights of any person or party and shall not retain or use information with the intent to infringe those rights.
  10. Unauthorized Use of Information:
  • The User agrees not to use anyone else’s information except as necessary to complete any transactions in which the User is involved.
  1. Security Violations:
  • The User shall not attempt to violate or bypass the security of the Site or any linked websites, access data not intended for them, or probe, scan, or test the vulnerability of a system or network.
  1. Introduction of Harmful Software:
  • The User shall not introduce, post, or transmit any information or software that contains a virus, worm, or other harmful component into the internet or Site network system.
  1. Violation Consequences:
  • In the event of a breach, the Company reserves the right to delete any material related to the violations. The Company may also suspend or deactivate the User’s access to the Site and/or related services, and pursue legal action to recover losses and protect its reputation.
  1. Lawful Use of Services:
  • The User agrees to avail services on flatsindia.com or any related site for lawful purposes only. Any transmission, distribution, or storage of material in violation of local, state, national, or international laws, including intellectual property violations, is prohibited.
  1. Prohibition of SPAM:
  • The Company strongly opposes SPAM, which involves the flooding of the Internet with unwanted and unsolicited emails. The sending of SPAM is strictly prohibited.
  1. SPAM Facilitation Prohibited:
  • The User is prohibited from using another internet service to send or post SPAM to drive visitors to their site hosted on or through flatsindia.com, whether or not the messages originated from them or under their direction.
  1. Automated Data Collection:
  • The User shall not use any automatic devices, programs, algorithms, or methodologies to access, acquire, copy, or monitor any portion of the Site or Content, or to circumvent the Site’s navigational structure.
  1. Unauthorized Access:
  • The User shall not attempt to gain unauthorized access to any portion of the Platform, networks, or services offered on or through the Site, through hacking, password mining, or any other illegitimate means.
  1. Advertising and Solicitation:
  • The User shall not engage in advertising to or solicitation of other Users to buy or sell any services unrelated to the services displayed on the Site or related to the Company.
  1. Content Responsibility:
  • The User is responsible for ensuring that any Content they provide does not infringe any proprietary rights and does not contain any libelous, tortious, or unlawful information.
  1. Content Restrictions:
  • The User shall not host, display, upload, modify, publish, transmit, update, or share any information on the Site that:
    • Belongs to another person without their right to do so.
    • Is harmful, harassing, obscene, defamatory, pornographic, or otherwise unlawful.
    • Violates any intellectual property rights.
    • Deceives or misleads about the origin of such content.
    • Impersonates another person.
    • Contains software viruses or any other computer code designed to harm or interrupt the functionality of computer resources.
    • Threatens national security, public order, or unity.
    • Violates The Information Technology Act, 2000, or any applicable laws.
  1. Non-compliant Content:
  • Any content uploaded by the User that violates applicable laws will result in immediate termination of access and removal of the non-compliant information. The Company reserves the right to pursue legal remedies under applicable laws.

XIII. Use of Information/Data Supplied

  1. Intellectual Property: All copyright, know-how, and other related intellectual property rights associated with the services of flatsindia.com, including listings, User details, and any other information made available to the User, shall remain the sole and exclusive property of the Company. The User shall have no claims to these rights. If the User contributes any content to flatsindia.com, all intellectual property rights to that content will become the property of the Company. The User will not have any claim over the content, and any unauthorized use of the intellectual property in another website or activity will be considered an infringement, with legal actions taken at the User’s expense.
  2. Use of User Data: The Company has the right to use any data or information supplied by the User in connection with this Agreement. The Company may share this information with associated companies or selected third parties.
  3. Retention of Data: All data or information supplied by the User remains the exclusive property of the Company, even after the termination or suspension of the User’s access to the Service. Such data will remain in the Company’s records and databases indefinitely.
  4. Consent for Communication: By entering a mobile number during registration or for alerts, the User consents to the Company and its partners/vendors sending alerts, promotional SMS, and calls to the number provided, even if it is on the Do Not Call (DNC) list. If the User does not wish to receive these communications, they should refrain from submitting their mobile number to flatsindia.com.

XIV. Intellectual Property Rights

  1. Ownership of Intellectual Property: Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, except as provided by these Terms.
  2. Site’s Proprietary Material: All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created and developed by the Site, along with other distinctive brand features of the Site, are the property of Flats India Pvt Ltd.
  3. Exclusive Ownership: The Company shall be the exclusive owner of all designs, graphics, and related materials created for the Site. This includes all intellectual property rights associated with the Site.

XV. Confidentiality

  1. Definition of Confidential Information: For the purpose of this Agreement and any attachments or renewals, “Confidential Information” refers to all financial, commercial, technical, operational, staff, management, and other information, data, and know-how related to the Project/property or to a party (the “Disclosing Party,” herein referred to as Flats India Pvt Ltd) or any other members of the Disclosing Party’s group of companies (including, without limitation, information about products and services, assets, customers, data and databases, suppliers, or employees), which may be supplied to or come into the possession of the other party (the “Receiving Party,” herein referred to as the User), whether orally, in writing, or in any other form, and which is confidential or proprietary in nature or otherwise expressed by the Disclosing Party or any of its Associates to be confidential and not generally available to the public.
  2. Obligations of the Receiving Party: The Receiving Party agrees to keep the Confidential Information secret and not disclose any part of it to any third party, except to the Receiving Party’s Associates, if required and with prior written permission from the Disclosing Party. The Receiving Party shall take all necessary precautions to protect the Confidential Information from third-party access and ensure that all Associates to whom such information is disclosed act in accordance with the terms of this Agreement as if they were parties to it. The Receiving Party shall also obtain a written statement from each employee/associate who has access to such Proprietary Information, ensuring their commitment to confidentiality. All Proprietary Information shall be kept separate, exclusive, and at the usual place of business (or residence, as applicable) of the Receiving Party.
  3. Restrictions on Use: The Receiving Party shall not use, reproduce, transform, or store the Proprietary Information without prior written permission from Flats India Pvt Ltd, except when required by applicable law or legal process issued by a court or regulatory body.
  4. Return of Proprietary Information: Upon request by the Disclosing Party at any time, including at the time of termination of this Agreement, the Receiving Party shall return to the Disclosing Party all original documents, records, data, and other materials in the possession, custody, or control of the Receiving Party that incorporate any part of the Proprietary Information. The obligations of confidentiality set out in this Agreement shall remain in force even after the termination of this Agreement for any reason.
  5. Ownership and Protection of Data: All information and data submitted by the User shall become the property of Flats India Pvt Ltd. However, the Company will keep such information strictly confidential and will not release it to any third party without the User’s prior consent, subject to the “Violation of Terms & Conditions” clause.
  6. Access to Data: The User has access only to their own data and information stored in the database of Flats India Pvt Ltd (subject to prior confirmation of identity). The User may edit or amend such data from time to time.
  7. Third-Party Disclosure Risk: Any confidential information (including name, email address, etc.) voluntarily revealed by the User in chat and bulletin board areas is done at the sole discretion and risk of the User. If such information is misused or results in unsolicited messages from third parties, such actions are beyond the control of the Company, and Flats India Pvt Ltd accepts no responsibility or liability for such actions.

XVI. Variation

  1. Amendment Rights: The right to amend, vary, or change the terms and conditions contained herein and in the Services guide exclusively rests with Flats India Pvt Ltd.
  2. Periodic Updates: This Agreement will be periodically updated, and the Terms of Use may change from time to time. The updated Agreement will be posted on flatsindia.com. The User should visit the site periodically to review the latest Terms of Use. For the avoidance of any doubt, the User’s continued use of the Service constitutes an affirmation and acknowledgment of the amended terms and conditions.

XVII. Discontinuation or Modification to Services

  1. Right to Modify or Discontinue Services: Flats India Pvt Ltd reserves the unilateral right to add to, change, delete, or discontinue the Service at any time, with or without notice to the User. Except for paid services, a pro-rated refund shall be provided for the remaining unused period.
  2. Liability Disclaimer: There shall be no liability on behalf of Flats India Pvt Ltd to the User or any third party if the Company exercises its unilateral right to modify or discontinue the Service.

XVIII. Maintenance

  1. Deactivation or Suspension: Flats India Pvt Ltd may, at its sole discretion and without providing any reason, deactivate and/or suspend the Services (as applicable) at any time without notice in order to carry out system maintenance, upgrading, testing, repairs, or other related work, including suspension of the User’s access to flatsindia.com.
  2. Liability Disclaimer: Without prejudice to any other provisions of this Agreement, Flats India Pvt Ltd shall not be liable for any loss, damage, cost, or expense that the User may suffer or incur as a result of such deactivation or suspension. No fees or charges payable by the User to the Company shall be deducted, refunded, or rebated due to such deactivation or suspension.

XIX. Third Party Links and Resources in Our Website

  1. No Control Over Third Party Content: The content of other websites, services, goods, or advertisements that may be linked to flatsindia.com is not maintained or controlled by us. Therefore, we are not responsible for the availability, content, accuracy, or privacy practices of other websites, services, or goods linked to, or advertised on, our website.
  2. Third Party Links: Where this Site contains hyperlinks to websites operated by third parties, these linked websites are not under the control of Flats India Pvt Ltd, and we are not responsible for the contents of any linked website. The hyperlinks are provided for convenience only, and the inclusion of any link does not imply endorsement of the linked website by Flats India Pvt Ltd. You link to any such website entirely at your own risk.
  3. Disclaimers:
    • (a) Flats India Pvt Ltd makes no warranty, express or implied, with respect to the use of the links provided on, or to, our site.
    • (b) We do not guarantee the accuracy, completeness, usefulness, or adequacy of any other website, services, goods, or advertisements linked to our site.
    • (c) We do not make any endorsement, express or implied, of any other websites, services, goods, or advertisements linked to our site.
  4. Liability for Third Party Content: We accept no liability for any damage or loss caused, however, arising, in connection with the use of or reliance on any information, material, products, or services contained on or accessed through any linked website.
  5. Third Party Advertisements: Our site may also contain third-party advertisements which contain embedded hyperlinks to websites operated by third parties. All third-party advertising is paid for by the relevant third-party advertiser, and the inclusion of these advertisements does not constitute an endorsement by Flats India Pvt Ltd. We are not responsible for any representations or offers made by the third-party advertisers.
  6. Third Party Services:
    • Flats India Pvt Ltd may recommend, provide access to, or enable third-party software, applications (“Apps”), products, services, or website links (collectively, “Third Party Services”) for your consideration or use. Your purchase, access, or use of any such Third Party Services is solely between you and the applicable third-party service provider (“Third Party Provider”).
    • We do not control or determine the offering or acceptance of commercial/contractual terms between you and Third Party Providers.
    • Use of Third Party Services is at your own risk, and it is your responsibility to read the terms and conditions and privacy policies applicable to such Third Party Services before using them.
    • Flats India Pvt Ltd may offer support services to Third Party Providers in respect to order fulfillment, payment collection, call centers, and other services, pursuant to independent contracts with the Third Party Providers.
  7. No Warranty on Third Party Services: We neither make any representation nor warranty regarding the quality, value, or saleability of the products or services offered by Third Party Providers on our platform. Availability of Third Party Services on our website or their integration with our services does not imply endorsement, authorization, sponsorship, or affiliation with Flats India Pvt Ltd.
  8. Liability Disclaimer: We are not responsible for any errors, omissions, non-performance, or breach of contracts between you and Third Party Providers. We cannot and do not guarantee that the concerned Users or Third Party Providers will perform any transaction concluded on the platform. We are not responsible for unsatisfactory performance, damages, or delays resulting from third-party products or services.
  9. No Possession of Third Party Products: Flats India Pvt Ltd operates as an online advertising platform and does not take possession of any products or services offered by Third Party Providers. We do not hold any right, title, or interest over the products nor have any obligations in respect of contracts between you and Third Party Providers.
  10. Complaint Handling: In case of complaints related to quality or other issues with third-party products or services, we are not obligated to intervene in disputes arising between you and Third Party Providers.
  11. Discontinuation of Third Party Services: We are not responsible for the discontinuation or suspension of access to, or the disablement of, any Third Party Service.
  12. Access to Data: If you install or enable a Third Party Service, you grant permission for the applicable Third Party Provider to access your data and materials as required for interoperation with our services. Any exchange of data between you and the Third Party Provider is solely between you and the provider. Flats India Pvt Ltd is not responsible for any modification, deletion, or disclosure of your data or other materials by the Third Party Service.
  13. Indemnity: You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorney’s fees, arising out of your use of Third Party Services or your relationship with a Third Party Provider.
  14. Refunds: We do not offer any refunds against goods purchased from the platform for Third Party Services.
  • Termination by Either Party: Either party to this agreement may terminate this Agreement by giving prior notice of 30 days in writing.
  • Discretion of the Company: The Company, at its discretion, may waive the 30-day notice period or accept a shorter period of notice in writing from the User.
  • Termination by the Company Without Notice: Notwithstanding the provisions of clauses 1 and 2 above, the Company may terminate this Agreement with immediate effect, without prior notice to the User and without assigning any reasons, in any of the following cases:
    • (a) If, in the opinion of the Company, the User has breached any of the terms and conditions of this Agreement.
    • (b) If, in the opinion of the Company or any regulatory authority, it is not in the public interest to continue providing the Service to the User for any reason.
    • (c) If the User is declared bankrupt or enters into any compromise or arrangement with its creditors, and further without prejudice to any/all other rights.

XXI. Liabilities upon Termination

  1. If the Agreement is terminated pursuant to the provisions set out in Clause XX above, without prejudice to any other remedies available to the Company, the User shall be liable for Subscription Fees payable until the Date of Termination.
  2. The amounts due and payable to the Company by the User upon termination shall be payable within 30 days of the relevant Date of Termination.

XXII. Suspension of Service

  1. If any monies payable by the User to the Company are not paid on the due date, the Company may, without prejudice to any other rights or remedies that may be available to it, suspend the Service provided to the User.
  2. When the Services subscribed for are suspended, it shall be deemed to be terminated. The date of termination shall be as stipulated by the Company, and the User shall be liable for all charges and fees incurred up to that date.
  3. Upon subsequent payment by the User of such monies as demanded by the Company, the Company may, at its discretion and subject to such terms as it deems proper, reconnect the Service.

XXIII. Money Back Policy

  1. In the event that a User is unsatisfied with the responses received against a Listing posted using the Money Back Package provided by the Company, a money back policy can be initiated by the User by using the Feedback link on flatsindia.com, by writing to the email, or by calling the customer care number.
  2. To claim any money back, there must be at least one property posted using the package.
  3. Users shall first be offered an extension of the duration for the Listing that was posted using the Money Back Package for free, to allow evaluation of the responses again.
  4. If the User is still not satisfied with the responses offered after the duration is extended, the Money Back process shall be initiated by the Company.
  5. Money Back can be initiated within the lifetime of the Listing (i.e., 60 days from the date of posting).
  6. Money Back can only be initiated against the same Order ID and Customer Name as mentioned during Order Booking.
  7. Order Booking should be in the Client’s name, as the refund will be processed in the same name.
  8. For orders that were paid through online payment modes, refunds will be processed after deducting charges incurred by the Payment Gateway.
  9. Refunds will be processed within 30 business days from receipt and acceptance of all relevant documents.

XXIV. Violation of Terms & Conditions

  1. In the event of a violation of the Terms, the Company, in its sole discretion, may pursue any of its legal remedies, including but not limited to:
    • Immediate deletion of any offending material from its site,
    • Cancellation of the User’s account, and/or
    • Exclusion of any person(s) who have violated any Terms & Conditions.
  2. The Company can also pursue violators with claims for violating various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc., of the land.
  3. flatsindia.com will cooperate with any investigation by any Central, State, or local body, court, or tribunal having the competence to carry out such investigations. This cooperation may occur without notice to the User.
  4. If the Company believes in its sole discretion that any advertisement or service may create liability for the Company, the Company may take any actions it deems prudent or necessary to minimize or eliminate its potential liability, including but not limited to the release of User information.
  5. The Company reserves the right to refuse service to anyone at any time, and/or to remove any listings or advertisements for any reason, and without notice.

XXV. Personal Information

The collection and use of your personal information through this Site is governed by our Privacy Policy. By providing your personal information, you agree to the terms outlined in the Privacy Policy.

XXVI. Errors, Inaccuracies, and Omissions

Occasionally, the information on our site or in the Service may contain typographical errors, inaccuracies, or omissions that may affect product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to update or change information or cancel orders if any information in the Service or Site is found to be inaccurate, at any time and without prior notice (even after you have submitted your order).

However, we do not undertake any obligation to update, amend, or clarify information in the Service or Site, including, without limitation, pricing information, except as required by law. The absence of a specified update or refresh date on the Service or Site should not be interpreted as indicating that all information on the Service or Site has been modified or updated.

XXVII. Disclaimer

The User hereby agrees that use of the Service is at the User’s sole risk. The Service is provided on an “as is” or/and on an “as available” basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

The Company makes no warranty that the Services shall meet User’s requirements, that the Services shall be uninterrupted or/and timely or/and secure or/and error free.

This Site is vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom. We may need to make the Site unavailable with or without notice to carry out maintenance or upgrade work. We accept no liability for any interruption or loss of Service. Further the Company does not warrant that any of the websites linked to flatsindia.com be free of any operational hazards or error nor that it will be free of any virus or/and worm or/and any other harmful components.

There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the Services of flatsindia.com. The User understands and agrees that any information or/and material and/or goods or/and services obtained through this Site is done at User’s own discretion and risk and that User shall be solely responsible for any damage/s or/and cost or/and any other consequence/s resulting from any transaction. No advice or or/any information, whether oral or/and written, obtained by the User from flatsindia.com or/and through or/and from the Service shall create any warranty not expressly stated herein. In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same. Cancellations and alterations shall be effected only on the receipt of application regarding the same in writing.

The Company shall not be liable for any disclosure of information concerning the User’s account and/or particulars nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition the Company shall further not be liable for any loss or damages sustained by reason of such disclosure, whether intentionally or inadvertently. All information is accepted in good faith and Company accepts no responsibility whatsoever regarding the bonafide of the User, nor can any interviews be granted or/and correspondence entered into regarding any advertisement published.

Once a listing or banner is displayed on Our Site, We do not guarantee or make warranties that there would be satisfactory response or any response at all.

The Company is not liable or responsible for the quality or any misrepresentation or any liability or issue arising out of the Services availed by the User from third party service providers on or beyond the platform of flatsindia.com. For any third party product or service which customer/user will buy through flatsindia.com, the Customers/Users of Services shall take full responsibility to deal with third parties respective vendors at their own risk, cost and liability.

Property descriptions and other information provided on Our Site are intended for information and marketing purposes and, whilst displayed in good faith, we will not in any circumstances accept responsibility for their accuracy. It is the responsibility of prospective buyers/tenants to satisfy themselves as to the accuracy of any property descriptions displayed and the responsibility of agents/sellers/brokers to ensure the accuracy and integrity of property descriptions provided on Our Site and in any property particulars.

Any value estimates provided on Our Site are intended for general interest and information purposes only and should not be relied upon for any commercial transaction or similar use. These estimates are based on publicly available information which may be inaccurate or incomplete, and typical factors in certain locations. They will not take account of any factors which are unknown to us and should only be used as a general estimate. None of the information available on Our Site is intended to be a substitute for independent professional advice and users are recommended to seek advice from suitably qualified professionals such as surveyors and solicitors if relevant to their particular circumstances. We shall not be liable for any losses suffered as a result of relying on our value estimates.

Company will not be liable for any time difference arising between a message released through a gateway/ server (provided to flatsindia.com) and such message finally reaching the User from the concerned service provider.

The User shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the User.

In case a visitor to the portal is desirous of conducting a project site visit of the property he/it is interested in, it shall be the sole liability and duty of the Advertiser to arrange for such project site visits. The Company shall not be liable in any manner whatsoever, towards any liability and/or costs, arising out of such site visits including but not limited to non-fulfilment by the Advertiser in this regard.

The Platinum Listing is listed for a period of two weeks only from the day the Order is activated. Company shall not be liable for any delay arising from the User’s end in conversion of their property listing to Platinum Listing, resulting in the Platinum Ad listing not being showcased for the complete period of two weeks. This package cannot be transferred, adjusted or reimbursed.

Company has no intention of violating any intellectual property or ancillary rights. If there is any violation, we request that the same be promptly brought to our attention.

It is not the Company’s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that may be inserted or/and made available or transmitted to a third party in or through flatsindia.com and the User acknowledges the same. The User acknowledges and agrees that the Company has absolute discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, materials and/or information and/or content of any data and/or information and/or posting so as, in the sole opinion of the Company, to comply with the prevailing legal framework and/or moral obligations as placed on the Company and in order to avoid infringing any third party’s rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or flatsindia.com and/or the internet.

The Company is not involved in any transaction between any parties who are using Our Site. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The Site is a venue only and does not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Company screen or/and censor or/and otherwise control the Users of its service. Company cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of flatsindia.com will complete the transactions they describe on Our Site. It is extremely important that the User takes care throughout his/its dealings with third party(s) and/or Users on this Site. Company does not accept or/and assume responsibility for the content or/and context of the User comment.

THE COMPANY’S TOTAL LIABILITY UNDER THIS AGREEMENT (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES OR/AND CHARGES PAID BY THE USER TO THE COMPANY’S SITE OR THE PERIOD IMMEDIATELY PRECEDING TWO (2) MONTHS PRIOR TO THE INCIDENT GIVING RISE TO THE RELEVANT CLAIM.

The company shall not be responsible for the advice, views and suggestions provided by the expert. The information contained herein should be used for reference only. Before relying on any such advice, please do an independent assessment at your end considering your specific requirements and the parameters you have in mind. flatsindia.com will not be responsible for any claims arising out of the use of any information displayed herein.

Flats India Pvt Ltd is only an intermediary offering its platform to advertise properties of Seller for a Customer/Buyer/User coming on its Website and is not and cannot be a party to or privy to or control in any manner any transactions between the Seller and the Customer/Buyer/User. All the offers and discounts on this Website have been extended by various Builder(s)/Developer(s) who have advertised their products. flatsindia is only communicating the offers and not selling or rendering any of those products or services. Company is not responsible for any non-performance or breach of any contract entered into between Customer/Buyer/User and Sellers. Company cannot and does not guarantee that the concerned Customer/Buyer/User and/or Sellers will perform any transaction. At no time shall Company hold any right, title or interest over the products/services nor shall Company have any obligations or liabilities in respect of such contract entered into between Customer/Buyer/User and Sellers. It neither warrants nor is it making any representations with respect to offer(s) made on the site. Flats India Pvt Ltd shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller and both Seller and Customer/Buyer/User shall settle all such disputes without involving Flats India Pvt Ltd in any manner.

If there is any dispute between the Users/participants on this Site, it is agreed upon by the Users/participants that Company has no obligation whatsoever to be involved in any such dispute/s. In the event that the User has a dispute with one or more Users or participants, the User agrees to indemnify and hold the Company harmless from any and all claims, damages, losses, liabilities, costs, or expenses, including legal fees, arising from such disputes. The Company shall not be liable for any damages or losses suffered by the User as a result of any such dispute. The User is solely responsible for resolving any disputes that arise from their interactions with other Users.

XXVIII. Limitation of Liability

User agrees that neither the Company, nor its group companies, directors, officers, or employees shall be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from the use or inability to use the service, the cost of procuring substitute goods or services, or from any goods, data, information, or services purchased, obtained, or accessed through the service. This includes but is not limited to damages arising from unauthorized access to or alteration of the user’s transmissions or data, or from any other matter relating to the service. The Company is not responsible for any loss of profits, investments, or data, nor does it guarantee the security of investments, as these are not insured by any governmental agency or guaranteed by Flats India Pvt Ltd.

The User acknowledges that the Company shall not be held liable for any damages arising from interruptions, suspensions, or terminations of the service, whether justified, negligent, intentional, inadvertent, or otherwise. The User agrees that the Company is not responsible for the statements or conduct of any third party involved in the service.

In no event shall the Company’s total liability to the User exceed the amount paid by the User to the Company related to the cause of action.

The Company accepts no responsibility for any shortage or non-fulfillment of services due to technical failures, malfunctions, or other reasons. In such cases, the User agrees not to claim any rights, damages, or relief under the Consumer Protection Act or any other applicable laws.

The User is solely responsible for any costs, charges, or expenses incurred from third parties, such as downloading fees, airtime, ISP connection costs, etc.

The Company shall not be liable for any malfunctioning or non-functioning of mobile phones or other applications, or for any damage or loss, either direct or indirect, arising from the use of the Flats India Pvt Ltd mobile application on the User’s device.

XXIX. Indemnity

The User hereby releases and indemnifies the Company, or at its option, agrees to settle any third-party lawsuits or proceedings brought against the Company based on claims arising from the following:

  1. The User Content, Site, and/or User features infringing any copyright, trade secret, or trademark of a third party;
  2. The Company’s use of any User Content, provided such use complies with the requirements of this Agreement;
  3. The User’s use of the Services in any manner inconsistent with or in breach of the Agreement; and/or
  4. Any claim alleging facts that would constitute a breach of the User’s representations and warranties made in this Agreement.

Any such claim or proceeding made directly against the User shall be promptly communicated to the Company by the User, along with all reasonable information, assistance, and cooperation in defending the lawsuit or proceeding. The User shall grant the Company full control and sole authority over the defense and settlement of such a claim. The User may join the defense with counsel of their choice at their own expense, subject to the Company’s approval.

The User agrees to indemnify and hold harmless, without objection, the Company, its officers, directors, employees, and agents from and against any claims, actions, demands, liabilities, losses, and damages whatsoever arising from or resulting from the User’s use of flatsindia.com or their breach of the terms of this Agreement. Indemnification shall cover any claim and shall be limited to the payment by the User of all damages and costs finally awarded for such a claim, or settlement costs approved in writing by the Company.

XXX. Notice

All notices:
(a) if sent to the User, shall be sent to the address identified on the Application Form; and
(b) if sent to the Company, shall be sent to the address provided in writing for such notice purposes.

However, all invoices and payments shall be sent to the attention of the Company’s Finance Department, all legal notices shall be sent to the attention of the Company’s Legal Department, and all other correspondence shall be sent to the attention of the account manager specified by the Company. Notices shall be deemed given upon receipt when delivered personally or upon receiving acknowledgment/written verification of receipt from an overnight courier.

Grievance Redressal Mechanism:
Any complaints, abuse, or concerns regarding content, comments, or breaches of these terms shall be immediately reported through the chatbot or via email.

XXXI. Non-exclusive Remedy

The termination or expiration of this Agreement, whether in whole or in part, shall not restrict either party from seeking other available remedies. Furthermore, the termination shall not release either party from their obligation to pay any outstanding fees owed under this Agreement up until the effective date of termination. Neither party shall be liable to the other for any damages solely arising from the termination as allowed under this Agreement.

XXXII. Waiver

If the Company fails to exercise or enforce any right or provision of these Terms & Conditions, it shall not be interpreted as a waiver of such right or provision. In case any provision of these Terms & Conditions is found to be invalid by a court of competent jurisdiction, the parties agree that the court should make an effort to reflect the original intent of the provision. The remaining provisions of these Terms & Conditions will continue to be valid and enforceable.

XXXIII. Entire Agreement

This Agreement constitutes the entire and exclusive understanding between the parties concerning its subject matter, replacing any previous agreements, documents, or communications related to the subject. No modification, amendment, or waiver of any provisions of this Agreement shall be valid unless made in writing and executed by the Company. The Company retains the exclusive right to modify, alter, or amend the terms of this Agreement at its discretion.

XXXIV. Governing Law and Jurisdiction

It is explicitly stated that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship exists between the Company and any User of the Service.

The User agrees that any claim or cause of action arising from or related to the use of the Service or these Terms & Conditions must be filed within 30 days from the date the claim or cause of action arises, or it will be permanently barred.

All information received from the User is considered to be in good faith, is believed to be correct, and complies with applicable laws.

This Agreement, as well as any disputes arising from or related to the use of flatsindia.com, shall be governed by the laws of India. The User and flatsindia.com agree to submit to the exclusive jurisdiction of the courts in Chennai, India, without regard to any conflict of law provisions.

XXXV. Acknowledgment and Acceptance of Terms and Conditions

These Terms and Conditions represent the entire agreement between the User (as defined above) and the Company (as defined above) and supersede any previous agreements or arrangements related to the subject matter outlined herein. By completing the registration process and/or by checking the “I have read and accept the Terms of Use” box, you acknowledge and agree to be bound by all the terms and conditions set forth by the Company.

We strive to make flatsindia.com an effective and enjoyable platform for all users. If you notice any content or behavior that violates these Terms and Conditions, please notify us immediately. Your feedback plays a crucial role in helping us enhance the quality of our service!

XXXVI. Privacy Policy

flatsindia.com values the privacy of its users and is dedicated to safeguarding it. For detailed information, please refer to our Privacy Policy.

The Company collects user information through various advertising campaigns. This data is voluntarily provided by users and stored in flatsindia.com’s database. The collected information includes property details, email addresses, and user names. To reach prospective users, buyers, and sellers, flatsindia.com utilizes third-party advertising companies to display ads on other websites.

The data collected is exclusively for flatsindia.com’s use, and the Company retains the right to grant access to its clients for property transactions, such as purchases and sales. Any unauthorized use or sharing of this information by third parties will lead to appropriate legal actions, including indemnification for any third-party claims resulting from such actions.

XXXVII. Legal Metrology Disclaimer

Users are required to provide property area measurements in accordance with the Legal Metrology Act, 2009, which mandates the use of the meter as the base unit of length. By using the service, users agree to comply with this law. The Company shall not be held liable for any infringement of the Legal Metrology Act by the users.

XXXVIII. RERA Disclaimer

Project developers, builders, and real estate channel partners are required to comply with the provisions of the RERA Act 2016 and obtain the necessary registration under the Act. It is mandatory for these entities to disclose all relevant and required information about the project or property on the site as mandated by RERA. However, the Company does not guarantee that any project(s) or real estate agents are registered under the Act or are fully compliant with its requirements.

The Company will not be held liable for any claims or disputes arising from inaccuracies or omissions in the information provided on the site. Any actions such as seeking cancellations based on such inaccuracies will not be the responsibility of the Company.

Users are strongly advised to visit the respective RERA website(s) to obtain the most complete and accurate information regarding any project or property developed, built, or referenced by a developer, builder, or real estate agent. This is essential before making any buying, selling, or investment decisions.

FlatsIndia does not make any representations or warranties regarding the accuracy, reliability, or suitability of the information, services, or related content provided by developers, builders, real estate agents, or promoters on the site. Users should verify the information independently before proceeding with any transactions.

XXXIX. Rent Agreement Disclaimer

Flats India Pvt Ltd. (“Company”) acts solely as a facilitator between the parties involved in the transaction and does not serve as an agent for any of the parties, nor does it provide opinions or consultancy regarding the appropriate stamp duty on the lease or rent agreement. The transaction between the User and the Company is conducted on a principal-to-principal basis.

The Company does not provide any legal opinions regarding the applicable laws on the lease deed or rent agreement. It is the responsibility of the User to seek independent legal advice to determine the appropriate stamp duty and ensure compliance with relevant stamp laws in the state of India where the property is located.

The Company has not verified the title of the property owner or the condition of the property. The User/Customer has approached the Company after conducting their own verification and due diligence regarding the property’s title and condition.

The Company is not involved in the sale of stamp papers but only facilitates the completion of the transaction. In the event of any dispute between the parties, the Company shall not be held responsible, and the User/Customer agrees to indemnify the Company for any loss or liability incurred.

The Company is not responsible for any advice or assistance provided by third-party service providers such as LawRatio or any other lawyer or service provider. The Company has no control over the services provided by such third parties.

In case of any issues or discrepancies with the services provided by LawRatio, any lawyer, or other service providers, the Company will not be liable. The User/Customer/Parties are solely responsible for any tax, duty, or liability imposed by any concerned authority related to the transaction and shall indemnify the Company in case of any loss or liability arising from the same.

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