Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms").
INFORMATION ABOUT US
1. TERMS OF WEBSITE USE
Our website is an online platform for real estate property listings, which allows its user to post and share information about real estate properties (hereinafter referred to as “property/properties”) which are under litigation. Users can also upload information about properties that are not in dispute and of which they are undisputed lawful owners and which they may intend to sell or simply inform other users of their legal ownership of the said properties. Users based on the information uploaded by other users can also check legal status of the property which is listed on the website and which they may intend to buy.
We display the information as uploaded by the users and hence we do not take any guarantee regarding the authenticity of the information uploaded by the users on the website and do not also represent the compliances with any law.
3. SERVICES PROVIDED
The services provided by our website are as follows;
a. Listing of real estate properties under litigation and/or which are disputed
Litigants/Users can upload and publish information about the property which is under litigation and/or the title of which is disputed. Information about properties on which stay order or injunction order of any court of law operates can also be uploaded. This service makes the other users of the website aware about the properties which are under litigation or the titles of which are disputed.
b. Listing of owners of real estate properties and Power of Attorney holders
Users of the website can also upload and publish information about the property/properties of which they are the lawful owners and which they may intend to sell. The users can also publish information about whether they have or have not executed a Power of Attorney in favour of another person and publish details about such Power of Attorney holder, who is authorised on their behalf to deal with their property.
c. Search Engine for prospective buyers of real estate properties
Users who intend to buy a property can conduct a search on our website and based on the information uploaded by other users, the user can get information about the property they intend to buy such as if the property is free from encumbrances, if the title of the property is disputed and/or if the property is under litigation,
Users of the website can contact other users on the website who may intend to sell their property and who have listed their property on the website.
You understand that we may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services being provided by us.
Use of our site may require You to register and provide certain data. In consideration of you using our site, in registering and providing such data, You represent and warrant that: (a) the information about yourself and the documents uploaded by you are true, accurate, current, and complete (apart from optional items) as required by various registration forms on the Website (the "Registration Data") and (b) you will maintain and promptly update the Registration Data and documents uploaded to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future access to and use of this Website with immediate effect.
You represent that you are of sufficient legal age and competence to use our site and to create binding legal and financial obligations for any liability you may incur as a result of the use of our site. You understand that you are legally, financially and morally responsible for all uses of our site by you and those using your login information.
5. USER ACCOUNTS
Users of the website will be required to create an account on our website wherein they can upload the details about the property they intend to sell, publish information about the property of which they are the lawful owners, publish details about the person/s in whose favour they have executed a Power of Attorney and details about the property which is under litigation, title of which is disputed and the property in which they have claimed a right in any court of law.
Users will also be required to upload documents to substantiate the information provided by them. It will be mandatory for the users to upload the court orders and/or proof of filing a case/application, such as the cause title of the suit/ case, its number and the court before which the suit/case involving the said property is under litigation, provided sharing details of the same is not prohibited by any order of the court or law.
Please note that any information/content in relation to any property shall be submitted by you only if you are;
- Undisputed legal owner of said property or
- Legally valid Special Power of Attorney holder from the undisputed legal owner of said property or
- Party or Intervener in the case before any court of law relating to the property
- Otherwise legally authorized to submit such information.
The user uploading the documents must also upload his/her Adhaar Card or any other Identity proof such as his/her Passport, Pan Card, Voter Id as required and indicated on the website.
6. INFORMATION UPLOADED BY THE USERS
Our site does not control the information provided by You and it is your duty to ensure that all the information provided is true, complete and accurate and not offensive, incomplete, harmful, inaccurate or misleading. You agree and undertake the following:
(a) You shall only use our site to post legitimate and accurate information and shall not use our site for any other purposes, including without limitation, to post any speculative, false or fraudulent information or any information in anticipation of demand. If any information provided by You on our Site, subsequently becomes inaccurate, misleading or false, you will promptly notify us of any such change. Moreover, it is your duty to ensure that you update the status of your case and the property under litigation, after every court hearing and upload relevant and necessary court orders on the website.
Users should not to upload information or case details which are prohibited to be published by order of any court or under any law. Users should also not post information on our website which is not in public domain and infringes the privacy of any third party.
(b) You shall not upload, post, email, transmit, communicate including through emails or otherwise make available any Content that is misleading, unlawful, harmful, threatening, abusive, harassing, threatening, libellous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct.;
(c) You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; and
(d) You shall not upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information, learned or disclosed as part of employment relationships or under nondisclosure agreements).
Users can upload photographs of their real estate properties or properties which are under dispute. Only Images uploaded in the format asked for will be accepted. Images that may be deemed offensive including, but not limited to, blatant expressions of prejudice, racism, hatred should not be uploaded
We are not responsible for the content of any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files. We are also not responsible for the loss, deletion, or failure to restore of any content uploaded on our website.
We reserve the right to screen the content you may post and also regulate the same by deleting unwarranted/ obscene or any other content at any time at our sole discretion without prior notice to you. In case any information posted on our site by You is in violation of any of the terms mentioned hereinabove and/ if we have reasonable grounds to suspect that your listing is in violation of these term's, we have the right to suspend or terminate your account of and refuse any and all current or future access to and use of this Website with immediate effect. Once the membership is cancelled or suspended, any data/content you may have stored/submitted to the website may not be retrieved later.
7. RIGHTS OF USE
The charges/fees for the various services offered by us have been clearly set forth in the Website and you can avail these services by subscribing to our website.
We currently offer the following methods of payment;
- Credit card
- Debit card
- Net Banking
The user can choose from the listed payment methods. We reserve the right to add other payment methods in the future or to refrain from using payment methods, which we currently offer. Please note that additional costs maybe applicable, depending on the payment method that has been chosen by the buyer.
The user agrees to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. The user shall not use the credit/ debit card which is not lawfully owned by him/her. The information provided by the user will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The user will be solely responsible for the security and confidentiality of him/hers credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We reserve the right to cancel or temporarily stop any service being provided by us, at any time and without prior notice. In case of Service cancellation, your right to use the Service ceases right away. Refund of the fees, if any, shall be at our sole discretion.
We may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site.
10. FRADULENT ACCOUNTS
We have the right to monitor the accounts created by the Users on our site. Users who are availing our services fraudulently shall be liable for legal action under applicable laws. Such User will also indemnify us for the lawyer fees and other costs. We also have the right to delete account of such User and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
You shall not have more than one active Account on the Site. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
In case you have engaged in fraudulent activity, misrepresentation, falsehoods or any illegal activity in connection with our Site, we may suspend or terminate your account and/ or membership. We also reserve the right to take appropriate legal action under the law against you.
13. REVIEW OF INTEGRITY
You shall not post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material/ review or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or applicable regulation or code of conduct.
If you engage in the practice of unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, then we shall have the right to remove or edit the said information/ reviews.
If any of your actions undermine the integrity of our website or review system, then we shall have a right to limit the number of reviews of the User and/ or temporarily suspend or permanently remove the said User from our Site.
14. OUR LIABILITY
We do take every reasonable step to verify authenticity of users and information they put on our website, however we have no liability for losses you suffer as a result of the information and documents posted by other users on our website.
We shall not be liable or responsible to verify the authenticity of the content posted by the users on the site including but not limited to the property price, plan, location, opinion/suggestions, case details etc and shall be in no way be responsible for any loss/damages caused to the Users of the website.
We do not validate the compliance of the properties listed under the RERA regulations or any other law.
We also do not guarantee or confirm the financial capability of any user and do not acknowledge any ownership or guarantee for complying with the obligation between the property buyer and seller.
We shall neither be responsible nor liable for any inaccuracy in the information provided on the website and the users are requested to independently validate the information from the respective developer/sellers before making their decision for purchase of properties. Avant Learning Pvt. Ltd, its directors, employees, agents and other representatives shall not be liable for any action taken, cost / expenses / losses incurred, by you, based on the information given on the portal.
We are also not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:(a) loss of income or revenue;(b) loss of business; (c) loss of profits or contracts;(d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise.
We are a portal which facilitates the information dissemination on behalf of the users listed on our website. We are in no way facilitating the sales between you and the seller. Users are advised to verify all the details independently from the sellers and/or validate the compliance of the properties listed under the RERA regulations or any other law before making any decision in relation to the purchase of the properties.
If the users upload information or case details which are prohibited to be published by order of any court or under any law or infringes privacy rights of any third party, then the users are solely responsible for any legal action that might be initiated against them. We shall not be responsible or liable for posting of such information by any user on our website. Users also agree to indemnify Avant Learning Pvt. Ltd. and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due publishing of such information by you.
15. LIMITATION OF LIABILITY
You agree to indemnify and hold Avant Learning Pvt. Ltd and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
All warranties, relating to the property displayed on the Website would be provided by the seller of such property and the same would not in any manner be provided by the Website. Any claim in relation to the same should be raised against concerned seller only.
We shall not be liable for any claims whatsoever against non-fulfilment or unsatisfactory fulfilment of representations and warranties given by a seller with respect to any property purchased by any user through our site.
It is the responsibility of the buyer to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The Site or third parties may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Website may make available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to you on the email. This content made available to you is for general informational purposes only. The website does not provide any guarantee with respect to any Third Party Content and shall not be held liable for any loss suffered by you based on your reliance on or use of such data.
We also do not endorse any advertiser or any of its products. Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or advertisement on our website.
18. COMMUNICATION WITH USERS
You consent to receive communications from our website electronically. Our website will communicate with you by email or by posting notices on the Site. You may also get emails and messages from our website reminding you of your next date of hearing in court and requesting you to upload relevant documents/court orders pertaining to the same.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Users on our website can also communicate with each other using chat feature available on our website.
You are solely responsible for your interactions with other users on our website. We reserve the right, but have no obligation, to monitor disputes between you and other users. We also reserve the right to take appropriate legal action against errant users. However, we are not obliged to share such action with users, including complainants.
We reserve the right to screen messages that you may send to other users through our website. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
19. NO AGENCY
None of the provisions of this Agreement shall be deemed to constitute a partnership, agency or joint venture between the parties.
20. INTELLECTUAL PROPERTY RIGHTS
The Website contains copyright material, trade names and marks and other proprietary information, including, but not limited to, text, information, software, photos and graphics, videos, music and sound (hereinafter referred to as the 'Content'). The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights. This website and its Content is copyright of Avant. The User acknowledges the copyright of Avant Learning Pvt. Ltd in the Content.
Any redistribution or reproduction of part or all of the Content in any form is prohibited unless express consent or permission is taken from Avant. The User may not, except with our express written permission, distribute or commercially exploit the Content. Nor may the User transmit the Content or store the Content in any other website or other form of electronic retrieval system. Avant Leaning Pvt. Ltd reserves all its rights.
All complaints regarding our services can be emailed at email@example.com or you can contact our representative at 9891385865 between 9 am and 6 pm, Monday to Saturday.
Any notice may be sent to Avant by sending the same to Avant the address being D 82, Oakwood Estate, DLF Phase 2, Gurgaon, Haryana 122002 or to email the same at firstname.lastname@example.org. Except as explicitly stated otherwise, Avant will send a notice to you at the email address that you have provided to us during the registration process. Notice shall be deemed given 24 hours after email is sent. Alternatively, we may give you notice by certified mail or post, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
23. MODIFICATION/NOTIFICATION OF CHANGES
The Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.
25. GOVERNING LAW & JURISDICTION
The Terms and Conditions, its performance and all disputes arising out of or in connection with the Terms and Conditions shall be governed by the laws of India, with exclusive jurisdiction conferred on the courts at New Delhi. All disputes arising out of or in connection with this Agreement shall be finally settled under arbitration in accordance with the rules and regulations of the Arbitration and Conciliation Act, 1996 by a panel consisting of One (1) arbitrator to be mutually agreed between the parties. The language of the arbitration shall be English and the venue of the arbitration shall be at New Delhi, India. The award of the arbitrator shall be final and binding, except for the enforcement of an arbitral award pursuant to this clause, if required or seeking injunctive or similar equitable relief.
The headings used in the Terms and Conditions are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
27. ENTIRE AGREEMENT
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.