TERMS AND CONDITIONS
Introduction
a) This document is an electronic record in accordance with the Information Technology Act, 2000, and related rules. It does not require physical or digital signatures
b) Published in accordance with the Information Technology (Intermediaries guidelines) Rules, 2011, it outlines rules, regulations, privacy policy, and terms of use for propertynearby.in.
c) propertynearby.in (“Website”) is owned and operated by Property Nearby, including Property Nearby and affiliates.
Definitions
a) ‘You’ or ‘User’ refers to any legal entity accessing services on the Website.
b) ‘We’, ‘Us’, or ‘Our’ denotes the Website and/or the Company.
Applicability of Terms
a) These Terms and the Privacy Policy govern User interaction with the Website and its services.
b) Acceptance of Terms implies acceptance of the Privacy Policy.
Headings and Interpretation
a) Headings serve organizational purposes and hold no legal value.
Acceptance and Agreement
a) Use of the Website signifies unequivocal acceptance of these Terms and the Privacy Policy.
b) The Terms and Policy are co-terminus, terminating one leads to the termination of the other.
Legally Binding Agreement
a) These Terms constitute a legally binding agreement between the User and the Company.
b) User is subject to rules, guidelines, and conditions applicable to Website services.
Amendments and Modifications
a) The Company reserves the right to amend or modify these Terms without prior notice.
b) User’s continued use post amendments implies consent.
User Services
a) The Terms apply to both guest and registered users subscribing to services from propertynearby.in or the mobile application.
SERVICES PROVIDED
Overview
We are real estate consultants offering a range of services:
Property Identification: Assisting in property search through technical research.
Transactional Support: Aiding in site visits, pricing, and inventory negotiation.
Financial & Administrative Support: Dedicated teams for mortgage services, administrative & legal support.
Product Portfolio: Dealing in residential, commercial, leasing, land, global projects, affordable housing, investor projects, structured offerings, etc.
Portfolio Structuring & Management: Diversifying real estate portfolios globally.
Service for Life: Assigning a Dedicated Relationship Manager for lifelong customer assistance.
ELIGIBILITY
By using this real estate listing website, you affirm that you are legally competent, eligible to enter into binding agreements, and possess the necessary authority to be bound by these Terms. You may not use this website if you are ineligible to contract under the Indian Contract Act, 1872, or are disqualified by any other applicable law, rule, or regulation.
COMMUNICATION
By using this Website and providing contact information, the User consents to receive calls, autodialed/pre-recorded messages, emails, and SMS from the Company or its affiliates/partners at any time, subject to the Policy. To opt out of marketing/promotional communications, email connect@propertynearby.in with the subject [Query regarding Property Nearby website use]. The User acknowledges it may take up to seven (7) business days to process such requests. The User may be contacted regarding services availed on the Website. Information shared by the User is governed by the Policy.
CHARGES
Free Browsing: The User may browse the Website free of charge.
Service Fees: The User agrees to pay for services availed through the Website or mobile application.
Fee Policy Changes: The Company reserves the right to amend the no-fee policy and introduce charges for any or all services. Users will be notified in advance, with the option to decline the services.
Immediate Effect: Fee policy changes, if implemented, take immediate effect upon notification unless specified otherwise.
Payment Terms
Accepted Payment Methods
The Website supports the following payment options:
Domestic and international credit cards (Visa, MasterCard, Amex)
Visa and MasterCard Debit cards
Net banking/Direct Debit payments from select banks in India
Transaction Security
For online transactions, users must provide their 16-digit card number, card expiry date, and 3-digit CVV number. b. Users must enroll their card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete transactions securely.
Payment Processing
Users will see transactions reflected on their card statements. b. Third-party payment gateways facilitate all payment services on the Website.
Order Placement
To place a valid order, users must complete the transaction, including payment for selected products/services. b. Order placement may involve assistance from a customer service representative.
User Agreement
By placing an order on the Website or over the phone, users expressly agree to the terms, conditions, and payment policy published on the Website.
Order Processing
After submitting the order and providing contact/payment information, the user’s payment transaction will be processed. b. Order execution begins upon successful receipt of funds from the user’s bank or credit card company.
Note: This concise summary outlines the essential points related to payment on the real estate listing website. Users are encouraged to review the detailed Payment Policy section on the Website for a comprehensive understanding.
SECURITY
Transactions on our website are securely encrypted to safeguard user information. Any data entered during transactions is protected against unintended disclosure to third parties. The User’s credit and debit card details are not stored or retained by the Company/Website; instead, they are directly provided to a trusted payment gateway authorized to handle such information. This payment gateway adheres to regulations set forth by banks, institutions, and associated payment franchises.
Limited Use and Restrictions
a) The User acknowledges being a restricted user and agrees not to engage in unauthorized activities such as copying, distributing, modifying, or selling information obtained from the Website without prior written permission from the Company.
b) The User commits to accessing the Website only through the provided interface and refrains from using any automated devices or methodologies to disrupt the Website’s operation.
Content Posting and Conduct
a) In areas allowing user-generated content, the User agrees to post materials that comply with applicable laws and are non-offensive. Offensive content may be removed without notice, and access may be revoked at the Company’s discretion.
b) The User undertakes not to engage in abusive, threatening, or harmful behavior, impersonation, or the posting of content violating any laws, including but not limited to obscene, defamatory, or discriminatory material.
Security and Prohibited Actions
a) The User commits not to abuse, harass, or interfere with the Website’s security, networks, or other users’ activities.
b) Prohibited actions include but are not limited to infringing on intellectual property rights, uploading malicious files, engaging in unauthorized data collection, or violating any applicable laws.
c) The User agrees not to violate any applicable laws, regulations, or the terms outlined in these Terms and Conditions.
Account Responsibility
a) The User is responsible for maintaining the confidentiality of their account information, ensuring accuracy in registration details, and promptly notifying the Company of any unauthorized use or security breaches.
b) The User shall possess only one account unless explicitly permitted otherwise in writing by the Company.
Compliance and Legal Obligations
a) The User agrees not to violate any applicable laws, including but not limited to money laundering, terrorist financing, or engaging in illicit activities.
b) Compliance with all applicable laws, rules, and regulations is mandatory, and the User shall not indulge in any prohibited transactions outlined in these Terms and Conditions.
Information Disclosure
a) The User authorizes the Company to disclose their information to law enforcement or government officials as necessary for the investigation of crimes or in response to valid legal requests.
b) The Company has the right to remove or edit any content violating these Terms, although the User remains solely responsible for posted materials.
Non-Monitoring Obligation
a) The Company has no obligation to monitor user-posted materials but reserves the right to remove or edit content that violates applicable laws or these Terms.
b) The User is responsible for ensuring their content does not infringe on third-party rights and accepts full responsibility for any consequences arising from such materials.
By accessing or using www.propertynearby.in, the User agrees to abide by these Terms and Conditions. Any violation may result in the suspension of access and legal action. The Company reserves the right to modify these terms as needed.
Violation of User Obligation
a) If the company determines that the user has breached any conditions outlined in these Terms of Use, user obligations, or Privacy Policy, or has violated any agreements established through the website, the company reserves the right to immediately suspend user access to the Website and/or delete the user account without prior notice. Users seeking restoration can contact the company’s support team for assistance.
b) In the event of suspected or unusual activities on a user’s account, the company may take the following actions:
Promptly request the user to refund any scheme benefits received earlier for the transaction.
Promptly request the user to refund any unwarranted charges paid by the company to any payment gateway/bank due to fraudulent transactions.
Impose a penalty equivalent to 3% of the transacted amount, with the possibility of an increased penalty based on the severity/scale of the violation/fraud/misuse.
Temporarily or permanently suspend user access to the Website/application Services.
SUSPENSION OF USER ACCESS
The Company reserves the right to limit User access and activity at its sole discretion. This may include the immediate removal of access credentials, temporary or indefinite suspension, or termination of membership, without notice or cause, if:
a) The User breaches any Terms or Policy;
b) The User provides wrong, inaccurate, incomplete, or incorrect information;
c) The User’s actions may cause harm, damage, or loss to other users or the Website/Company, at the sole discretion of the Company.
This decision is final and may be exercised without the need for prior notice or explanation.
INDEMNITY AND LIMITATIONS
a) The User agrees to defend, indemnify, and hold harmless the Website, the Company, and their representatives from any claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, arising from the User’s actions or inactions, breach of obligations under this Agreement, or infringement of laws and regulations, including intellectual property rights.
b) The Company shall not be liable for any special, incidental, indirect, consequential, or punitive damages, including loss of use, data, or profits, whether foreseeable or not, and irrespective of any advice provided, arising from the User’s use of the Website or its contents.
c) These limitations and exclusions apply to the maximum extent allowed by applicable law. If any new law imposes liability on the Company, these Terms and the Policy will terminate one (1) day before the law takes effect. This section’s provisions survive the termination or expiry of the Terms and/or Policy.
INTELLECTUAL PROPERTY RIGHTS
a) The User acknowledges that all trade names, trademarks, logos, and other distinctive brand features on the Website are the exclusive property of the Company unless expressly agreed otherwise in writing.
b) Unauthorized use of the Website’s intellectual property that may cause confusion or disparagement of the Company is strictly prohibited.
c) The User understands that products listed on the Website are the intellectual property of their respective creators, and ownership does not transfer to the Website or the User. The Company serves as a platform for product listings.
d) Any reproduction or infringement of intellectual property by the User will result in legal action initiated by the respective owners. This section’s terms survive termination or expiry of the Terms and/or Policy.
DISCLAIMER OF WARRANTIES AND LIABILITIES
a) All products/services on the Website are provided on an “as is” basis without any warranty, either express or implied.
b) The Company makes no representations, express or implied, including merchantability and fitness for a particular purpose.
c) Users access the Website and transact at their sole risk, using their best judgment before purchasing any product/service.
d) The Company is not liable for errors or omissions, or for any damage caused to Users or third parties from product/service use.
e) The Company does not guarantee uninterrupted or error-free functions and services on the Website, or freedom from viruses.
f) This disclaimer survives the termination or expiry of the Terms and/or Policy.
SUBMISSIONS
By contributing any content, including comments, ideas, suggestions, or other materials, to [Your Real Estate Listing Website], you grant the Company a royalty-free, perpetual, irrevocable, nonexclusive license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display such content worldwide. This license applies to any media or technology now known or later developed, for the full term of any rights that may exist in the content.
You represent and warrant that you own or control all rights to the contributed content and that its use by the Company does not infringe upon or violate the rights of any third party. In the event of legal action against the Company arising from the use of your content, you agree to indemnify and hold the Company harmless. The Company reserves the right to defend itself in legal disputes and recover costs incurred in such proceedings from you.
DISPUTE RESOLUTION AND JURISDICTION
Both Parties agree that any disputes arising from or related to these Terms shall be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism.
a) Mediation: If a dispute arises, the Parties will attempt to resolve it amicably within thirty (30) days. If no resolution is reached, the dispute will be referred to arbitration.
b) Arbitration: If mediation fails, the dispute will be resolved by arbitration with a sole arbitrator appointed by the Company. The arbitration award is binding, and each Party bears its own costs, unless the arbitrator directs otherwise. The arbitration will be conducted in English, with the seat of arbitration in Delhi, India.
The Parties agree that these Terms, Policy, and any agreements are governed by the laws of India. Exclusive jurisdiction for any disputes lies with the Courts at Delhi. This agreement remains in force even after the termination or expiry of the Terms and/or Policy.
NOTICES
In the event of any dispute or grievance, users are required to submit written communication to the Company. Such communication should be sent to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
Property Nearby Mobile App Terms & Conditions
Definitions
Property Nearby: A smartphone app owned and operated by Property Nearby for registered Property Nearby users, offering premium features and additional services.
Platform Uses Fee: The fee granting access to premium app features.
Property Nearby: A real estate advisory firm located at south delhi
Enrolment & Usage
Users must provide accurate details for enrollment.
Property Nearby reserves the right to invite prospective Property Nearby app users.
Data related to Property Nearby app is handled according to Property Nearby Privacy Policy.
Payment and Commission Conditions
Commission claims are subject to conditions outlined in the Terms.
Termination of membership is possible under specific circumstances.
Termination of Membership
Termination conditions include uninstallation, violation of laws, and misconduct.
Payment Terms
Subscription fees are non-refundable.
Payment can be made through various methods, including UPI, credit/debit cards, net banking, digital wallets, or standing instructions.
Intellectual Property Rights
Users acknowledge the proprietary nature of content, software, and trademarks.
Unauthorized copying, modification, or reverse engineering is prohibited.
Miscellaneous
Disputes will be governed by Indian laws and subject to the exclusive jurisdiction of New Delhi courts.
Claims and disputes must be notified within 15 working days.
Disclaimer of Warranties
Users agree that Property Nearby does not guarantee uninterrupted, timely, secure, or error-free services.
Limitation of Liability
Property Nearby is not liable for indirect or incidental damages.
Privacy Policy
Property Nearby is committed to protecting user privacy.
Information collection, usage, and security are outlined in the Privacy Policy.
Information We Collect
Personal data collected during registration and interaction is handled according to the Privacy Policy.
Cookies may be used with user permission.
Use of Member’s Personal Data and Other Information
Personal data is used as per the Privacy Policy.
Property Nearby may contact users about services of interest.
Our Disclosure of Your Personal Data and Other Information
Personal data is not sold but may be shared with subsidiaries, agents, and for legal requirements.
Exclusions
The Privacy Policy excludes publicly posted information and unsolicited information.
Security
Property Nearby takes steps to protect personal data but advises caution in electronic submissions.
Changes to Property Nearby’s Privacy Policy
Property Nearby reserves the right to update the privacy policy, with changes becoming effective upon app update.
Users are advised to review the policy periodically.
