TERMS
OF USE
Last updated on 10/10/2024
1.
INTRODUCTION
We Nayaa Property Services Pvt Ltd, a
company duly incorporated under the applicable laws of India, and having its
registered office at Office no.2, Building no.1, B wing, 3rd Floor,
Mangalmurti Complex, S.N.117/A/2 Parvati, Opp Axis Bank, Sinhgad Road, Near
Rajaram Bridge, Pune - 411009 (hereinafter referred to as the “Company”)
is committed to providing you with committed and best services in the industry.
We own and operate a platform under the brand name Nayaa Property having the
URL as www.nayaaproperty.com (“Platform”).
Below
is an overview of our Platform, which means any website, application, or
service we offer. The Terms of Service include information about your legal
rights and cover areas such as limitations of liability, resolution of disputes
by mandatory arbitration rather than a judge or jury in a court of law, and a
class action waiver.
For all purposes, these
Terms of Use ("Policy") create a contractual relationship
between any User using the Platform for availing services. The Policy applies
to all types of Platform usage and access. This Policy represents our
commitment to outlining the process of using and accessing this Platform. This
Policy is an electronic document that does not require a physical copy for any
reason.
This document is an
“Electronic Record” in accordance with the provisions of the Information
Technology Act, 2000 and the rules thereunder as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information and Technology Act, 2000. This electronic record is generated
by the computer system and does not require any physical or electronic
signature. This document constitutes a legally binding agreement between the
User and the Company establishing the rights and obligations pertaining to the
use of the Platform and availing the various Services, features, content, and
offerings available on it.
2.
DEFINITIONS
AND INTERPRETATION
2.1 Definitions
2.1.1 “Applicable Laws” means any statute, law,
rule, ordinance, notice, statute, judgment, rule of common law, governmental
approval, or other governmental restriction or any decree or notice in effect
on the date of this Policy or any time after.
2.1.2 “Platform” means the website www.nayaaproperty.com through which we offer and/or advertise our Services.
2.1.3 “Services” shall mean
and include the services mentioned on the Platform.
2.1.4 “Users” shall mean any natural or
legal persons who browse through the Platform for informational purposes
regarding the Platform or to avail the Services it offers thereof.
2.2 Interpretation
Unless otherwise, the context requires in this Terms & Conditions:
2.2.1 The terms “you”, “your”
and “user” shall mean any natural or legal person who browses through the
Platform or avail Services through the Platform.
2.2.2 The terms “we”, “us”, and
“our” shall mean the Company.
2.2.3 The “User” and the
“Company” shall individually be referred to as the “Party” and collectively as
the “Parties”.
2.2.4 Words denoting any gender
shall be deemed to include those of the other gender.
2.2.5 Words using the singular
or plural number also include the plural and singular, respectively.
2.2.6 The terms hereof, hereby,
hereto, and derivative or similar words refer to this entire Terms or specified
clause of the Terms as the case may be.
2.2.7 Heading or bold typeface
is used only for the purpose of convenience and shall be ignored for the
purpose of interpretation.
2.2.8 Reference to the word
include shall be construed as without limitation.
2.2.9 Reference to any
legislation or applicable law or any provision thereof shall refer to any such
applicable law as amended, suspended, or re-enacted from time to time.
2.2.10 The headings provided
herein are for convenience purposes only and shall not deem to affect or limit
any of the provisions hereof.
3.
GENERAL
TERMS GOVERNING THE PLATFORM & SERVICES
3.1. These Terms are applicable
to every person who accesses the Platform as a Visitor to gain information
about the Company and the Services rendered thereof and the Users who have
registered on the Platform to avail the Services.
3.2. The Company offers a wide range of Real Estate and Allied Services through its own operations as well as partnerships
with its various third-party service providers/vendors/partners. The Services
include but are not limited to the following areas:
● Assistance with purchasing New Properties
in the Primary Market
● Advisory and consulting services for
New Projects
● Interior Designing
Services
● Packers and Movers
Services
● Legal Services
● Loans Services
● Resale and Rental Services
● Advisory, Broking and Consulting Services
● Property Management Services
3.3. The Company
shall act as a mere facilitator or advisor and shall not be held liable or
accountable for any shortcomings or liability arising from its third party
service providers/partners. The User hereby expressly agrees and understands
that all its information shall be transferred to third party service providers/partners for the purposes of the Service availed by the User. The
Company shall have no liability towards any breach of data protection by such
third party providers.
3.4. To avail any Service
listed on the Platform, the User shall fill the form listed on the Platform, an
representative from the Company shall reach out to such User to understand
their exact needs and based on this information, the user will be shared
suitable proposals or will be connected to the appropriate service partners enlisted with the Platform. Thereon forth, all dealings
shall be between such Service Provider(s)/partners and the User, the Company or
the Platform has the limited role of providing potential leads of service
providers based on the needs and budget of the User. The Services shall be limited
to the territorial jurisdiction of Pune, Maharashtra.
3.5. All payments towards the
Services shall be made directly to the service provider/partners, the Platform
or the Company shall not be a party or responsible for any payments or
financial dealings between any User and service provider.
3.6. You are permitted to
utilize the Services solely in accordance with the terms outlined in the
Agreement. By accessing the Services, you agree to:
● Furnish accurate,
up-to-date, and comprehensive information about yourself as requested in any
forms on the Platform.
● Regularly update any personal
information to ensure its accuracy, currency, and
completeness.
3.7. Further, the Company
reserves the right to block your access from the Platform if you are found
acting in contravention of the Terms and/or the Policy of the Company. You, by
accessing or using the Platform, acknowledge that you are well aware of the Terms,
have read and understood them, and thereby agree to be bound by the same.
3.8. For using the Services,
the User agrees that he is eligible to enter into legally binding contracts
under the applicable laws of their respective country. Persons who are
"incompetent to contract" within the meaning of the Indian Contract
Act, 1872 are not eligible to enter into transactions with the Company, and
their access will be restricted or blocked as soon as the Company is aware of
the same.
3.9. In the case of a legal
entity, you represent that you have the necessary authority to bind the entity
under the Terms.
4.
USER
REPRESENTATIONS
4.1. By using the Website,
Client represents and warrants that the User the legal capacity and agrees to
comply with these Terms & Conditions, the User is not a minor in the
jurisdiction of their domicile. Users will not access the Platform through automated or
non-human means; User will not use the Website for any illegal or unauthorised
purpose; User’s use of the Website will not violate any applicable law or
regulation.
5.
PRIVACY
POLICY
5.1. The usage of the Platform
and availing of the various Services, and features on offer shall require Users
to submit and provide us with their information which the Company shall
collect, store, and process for the purpose of providing such Services and features
to the Users. The Company respects the privacy and confidentiality of the
information of its Users; thereby the collection, storage, and processing of
their information are governed by the Privacy Policy instituted by the Company.
Users are requested to carefully read the Privacy Policy of the Company
available at www.nayaaproperty.com.
6.
INDEMNITY
AND DAMAGES
6.1. You represent and warrant
that all personal information and other information posted on the Platform are
true, correct, genuine, and original, and do not infringe on any third-party
rights, including but not limited to any copyright or other proprietary right
that is Trademarks, Patents, Designs, and so on. You commit to defending,
holding harmless, and indemnifying the Platform, as well as its owner,
partners, stakeholders, officers, agents, and employees from and against any
and all direct and/or indirect damages, liabilities, third claims, actions,
losses, and expenses, including but not limited to business loss, physical
injury or personal injury, loss or damage to tangible or intangible property
caused, or alleged to be caused.
7.
LINKS
TO OTHER WEBSITES
7.1. We may provide third-party
links on the Platform to help you get the most out of our Platform and
services. You understand and acknowledge that all third-party links are outside
of our control and that we accept no responsibility for any act, omission, or
negligence on the part of the third-party links. You use third-party links at
your own risk.
8.
DISCLAIMER
8.1. The Platform and the
Services, features, offerings, information, and content available on it is
available on an ‘as is’ and ‘as available’ basis. The Company disclaims any and
all warranties, whether express or implied, including without limitation warranties
of merchantability, non- infringement, or fitness for a particular purpose
except for those warranties that cannot be excluded under applicable laws. The
Company does not guarantee any specific results from the usage of the Platform.
8.2. The Company provides no
warranty that:
● The Services will meet
your requirement;
● Accuracy or reliability of
the results that may be obtained from the use of Services;
● The quality of Services,
prices, quotation, information, or other material obtained by you from or
through the Platform will meet your expectation;
● The Platform will be
compatible with your device;
● The accuracy of data
provided on the platform;
● Promotional, offers,
schemes material shared. The
Company reserves the right to amend/discontinue these offers without prior
notice.
8.3. The Company, its officers,
directors, employees, partners, affiliates, or agents shall not be liable, whether
in contract or tort in any manner whatsoever for a) any interruptions in the
Services; b) delay in Services provided by the service providers/partner; c)
loss, theft, non-delivery, destruction, corruption, of data; d) any loss or
damage incurred as a result of your dealings with the service providers; e) the
occurrence of any viruses, malfunctions, system failures, technical problems in
connection with the Platform; f) inaccuracies or omission in the content; g)
any other event beyond the control of the Company.
8.4. The Company reserves the
absolute right and discretion to modify, amend, or update the terms from time
to time, with or without notice to the Users, which shall become effective
immediately after posting the same on the Platform and shall form a part of the
Terms & Conditions. Your continued use of the Platform shall be deemed as
an acceptance of the amended or modified Terms & Conditions.
9.
LIMITATION
OF LIABILITY
9.1. The information contained
on the Platform is for general information purposes only and is provided on an
“as is” basis. While we endeavour to keep the information up to date and
correct, the Company makes no representation or warranty of any kind, expressed
or implied, as to the operation of the Platform, including but not limited to,
any implied warranties of merchantability, fitness for any particular purpose,
or non-infringement. Any reliance you place on the Platform’s information is
therefore strictly at your own risk. In no event, the Company assumes liability
for any loss or damage including without limitation, indirect or consequential
loss or damage, whatsoever arising out of or in connection with the use of the
Platform, omissions or errors (including, without limitation, typographical
errors and technical errors) in the information, which is subject to change
without notice.
9.2. The Company does not
confirm the accuracy, credibility, authenticity, or veracity of any information
provided by the Users on the Platform and does not promote or endorse the same.
Any loss, liability, expenses, damages, or judgments incurred by a User as a
result of reliance on or any action taken on such information shall be borne
solely and exclusively by the Users and the Company shall not bear any
liability or responsibility for the same. The User shall solely and exclusively
be responsible for verifying the information, data, and content of other Users
prior to any engagement by conducting the requisite due diligence and
background checks for the same.
9.3. The Company shall not be
liable, whether in contract or tort in any manner whatsoever for i) any
interruptions in the services ii) delay in access or interruptions on the
Platform iii) loss, theft, non-delivery, destruction, corruption, of data iv)
any loss or damage incurred as a result of your access or usage of the Platform
v) occurrence of any viruses, malfunctions, system failures, technical problems
in connection with the Platform vi) inaccuracies or omission in content v) any
other event beyond the control of the Company.
9.4. The Platforms’ use and any
resultant connection, exchange, communications, or transaction do not
constitute a piece of advice, counselling, recommendation on part of the
Company, and any loss, liability, expenses, damages, or judgments incurred by
any User as a result of the same shall solely and exclusively be the
responsibility of and borne by such User and the Company shall not bear any
liability or responsibility for the same.
9.5. The Company may from time
to time make the Platform unavailable, with or without notification, to the
User for the purpose of carrying out maintenance; repair, or upgrades, and the
Users agree and acknowledge that the Company shall not be liable for any
interruptions or loss of services as a result therefrom.
10. USER REPRESENTATIONS AND
WARRANTIES
10.1. You represent and warrant
that you will follow this Policy and other applicable policies for all
purposes.
10.2. You represent and warrant
that you will abide by all the rules, regulations, and laws applicable on you.
10.3. You represent and warrant
that you will only use the Platform for the purposes set forth in this Policy.
10.4. You represent and warrant
that you will not violate any of the terms of this Policy, any other applicable
policy, or any laws.
10.5. The User represents and
warrants that they will not act in any way that is immoral, illegal, contrary
to public policy or tranquilly, and/or is harmful or in violation of any
applicable laws.
11. INDEMNITY
11.1. Users shall indemnify and
hold harmless the Company and its representatives, affiliates, partners, contractors,
officers, directors, employees, and assigns against any losses, liabilities,
damages, costs, claims, damages including legal expenses that may be incurred
by the Company as a result of or arising out of a User’s. a) breach or
violation of the provisions stipulated in these Terms & Conditions; b)
breach of any representation or warranty; c) use of the Platform and its
content; d) availing the Services, features, and offerings available on the
Platform; e) violation of the intellectual property or proprietary right of the
Company or any third-party; f) violation of the privacy, confidentiality,
information, or any other right of the Company or any third-party; g) violation
of any Applicable Laws; and h) any act, omission, fraud, misrepresentation on
part of the User. The User shall indemnify the Company for any loss or damage
that may be caused to the Company due to any negligence/action/inaction of the
User. The User further agrees and acknowledges that the extent of such loss or
damages shall be determined by the Company in its sole discretion and the
decisions of the Company pertaining to the same shall be final and binding on
the User.
12. CODE OF CONDUCT
12.1. We value both our
customers and our team members. Hence, any misbehaviour from the customer's
end, including foul language or verbal spat, will not be entertained by us and
is an absolute ground for immediate termination of the customer's profile from
our platform.
12.2. In the event of any misbehaviour
with the Team, no refund or cancellation of any kind will be initiated, and the
Company reserves the right to initiate appropriate legal proceedings against
the individual or representative of the entity or the company engaging or
promoting such misbehaviour.
13. DELETION OF PROFILE
13.1. The Company reserves the
right of restricting and blocking your usage of the Platform in instances you
are found acting in contravention of Clause 8 relating to the upload of
prohibited content or you are involved in any prohibited activity.
13.2. Further, the Company may
restrict or block your access to the Platform at its sole discretion if your
actions or any omission to act leads to the breach of the Terms, either
directly or indirectly. In such cases, you shall be under the liability to
indemnify the Company for the losses suffered by it. You agree and acknowledge
that the extent of such loss and damages shall be determined by the Company in
its own discretion and the decision of the Company pertaining to the same shall
be final and binding.
14. AMENDMENT, GOVERNING LAW
& JURISDICTION
14.1. We reserve the right to
amend this Policy in the event of a change in the law or a change in the
Company's policies. This Policy may be amended and posted on the Platform at
any time, and you should always read it for a better understanding.
14.2. This Policy shall be
interpreted, governed, and construed in accordance with the Applicable Laws of
the jurisdiction in which you are residing and/or browsing the Platform. If any
dispute arises between any of the Parties hereto during the term of this Policy
or thereafter regarding the validity, implementation, interpretation, or
alleged breach of any provision of this Policy, or any, claims, matters, or
disputes under this Policy, the same shall be resolved by appropriate courts
situated in Pune.
15. AMENDMENT
15.1. We reserve the right to
make such changes, amendments, and modifications, to these Terms
& Conditions as it may deem necessary to our discretion from time to time
and our decision shall be final and binding regarding the same. The amended
Terms & Conditions shall be effective and legally binding from the date it
is posted and uploaded on the Platform and the same shall constitute sufficient
notice to Users of the same. Users are advised to periodically review the Terms
& Conditions from time to time so as to keep themselves apprised of all
such changes and modifications.
16. USER DISPUTES, GRIEVANCES,
AND REDRESSAL
16.1. If you have any disputes
or grievances in respect of Services availed through the Platform, please write
to us at info@nayaaproperty.com. We shall endeavour to resolve your disputes or
grievances within 15 working days of receiving the email.
17. ENTIRE TERMS &
CONDITIONS
17.1. Except where otherwise
expressly provided, these Terms & Conditions constitute the understanding
between the Users and the Company with respect to the subject matter contained
herein and shall supersede all prior or contemporaneous oral or written agreements
or communications pertaining to the same. In case of any inconsistency between
the provisions of these Terms & Conditions and any other similar documents
or understanding the provisions of these Terms shall prevail.
18. DISPUTE RESOLUTION AND
GOVERNING LAW
18.1. In case of any dispute,
the Company and the User shall resort and endeavour to arrive at an amicable
settlement in good faith and mutual understanding in the event of any matter or
dispute pertaining to the enforcement of any rights and obligations under this.
However, on failure to do so all the disputes or differences arising between the
Parties shall be settled through Mediation failing which the dispute shall be
settled by arbitration in accordance with the provisions of the Arbitration and
Conciliation Act, 1996. The arbitration shall be conducted by a sole
arbitrator. The venue of arbitration shall be at Pune, Maharashtra.
18.2. The award given by the
arbitrator shall be final and binding on the Parties.
18.3. This Agreement is governed
by, and construed in accordance with, the laws of India, without regard to any
choice of law, conflicts of law or other principles that would result in the
application of the laws or regulations of any other jurisdiction. Any legal
action, claim, or proceeding relating to or arising out of this Agreement shall
be instituted in the court of competent jurisdiction at Pune, Maharashtra.
18.4. The parties agree that
each of us may bring claims against the other only on an individual basis and
not as a plaintiff or class member in any purported class or representative
action or proceeding.
19. CONTACT US
19.1. If you have any queries or
concerns regarding our Terms & Conditions, Privacy Policy, or any other
policies, you can reach out to us on our contact information given on our
Contact Us page or you can write to us at info@nayaaproperty.com.
