General Information
a) This document constitutes an electronic record under the Information Technology Act, 2000, and its amendments regarding electronic records. It is generated electronically and doesn't require physical or digital signatures.
b) Published in accordance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, it complies with the requirement to publish rules, regulations, privacy policies, and Terms of Use for www.hthakare.in/#
c) www.hthakare.in/# is owned by H. Thakare Real Estate Consultancy, (adress).
d) In these "Terms of Use" ("Terms"):
i) 'You' & 'User' refer to any legal entity accessing or using the services, competent to enter binding contracts per the Indian Contract Act, 1872.
ii) 'We', 'Us' & 'Our' mean the Website and/or the Company.
iii) 'Party' & 'Parties' refer to User and Company individually and collectively.
e) Headings in these Terms organize provisions but have no legal value.
f) User use of the Website is governed by these Terms and the Privacy Policy ("Policy"link), available on the website. Visiting the Website signifies User's acceptance of these Terms and the Policy, which are co-terminus.
g) User agrees that these Terms and the Policy legally bind them and are incorporated into these Terms.
h) The Company can amend or modify these Terms without prior notice. Users must periodically review the terms. Continued use after changes implies consent.
i) These Terms apply to all users subscribing to our services via www.hthakare.in/#.
Services
We are professional real estate consultants providing comprehensive real estate investment services, including:
● Property Identification: Assisting in property search through technical research.
● Transactional Support: Sales team assistance during site visits, pricing, and inventory negotiation.
● Financial & Administrative Support: Dedicated support for mortgage, financial services, administrative, and legal matters.
● Product Portfolio: Covering various property types including residential, commercial, leasing, land, global projects, affordable housing, investor projects, and structured offerings.
● Portfolio Structuring & Management: Diversifying real estate portfolios globally with attractive payout options.
● Service for Life: Assigning a Dedicated Relationship Manager for lifelong customer assistance.
User Eligibility
Users must be legally competent to enter into binding agreements and have the authority to bind themselves to these Terms, as determined by the Indian Contract Act, 1872. If a User is not legally competent or disqualified by any applicable law, they cannot use this Website.
Term of Agreement
These Terms remain in effect until:
a) The User continues to access and use the Website; or
b) Any Transactions between the Parties conclude to both Parties' satisfaction, whichever is later. Certain sections of these Terms, such as Sections 12, 13, 14, 15, 16 & 17, remain in effect indefinitely after the Terms' expiry or termination.
Termination
The Company can unilaterally terminate the User's access to the Website's products and services at any time without notice. Users are bound by these Terms until their expiry, as described in Clause 3.
Online Service Platform
The Website is an online platform providing advice and recommendations on global real estate properties.
Communication
Users agree to receive calls, emails, and messages from the Company or its affiliates/partners regarding services. Users may opt out of marketing communications.
Charges
Browsing the Website is free. Users pay for services on the Website or mobile app. The Company may introduce fees with notice.
Mode of Payment
Various payment options are available on the Website, including credit/debit cards and net banking. Transactions are secure, and the Company doesn't store card information.
To make an online transaction with Visa, MasterCard, or Amex cards, users must adhere to specific requirements set by financial institutions. These include:
● Providing a 16-digit card number, card expiry date, and a 3-digit CVV code (usually found on the card's reverse side).
● Enrolling the card in security programs like Verified by Visa (VBV) or MasterCard Secure Code (MSC).
● Understanding that card statements will reflect payments made to the platform.
● Utilizing third-party payment gateways for processing payments on the website.
● Completing the transaction, which may involve assistance from a customer service representative.
● Expressly agreeing to the terms, conditions, and payment policies as published on the website or affiliated platforms.
● After requesting a service, users will be prompted to provide contact and payment information.
● Successful payment completion initiates order processing upon receiving funds from the user's bank or credit card company, confirming the order's placement.
● Subsequent steps are taken to execute the order.
Security
Transactions on the Website are secure, with encrypted data protection. Card information is handled by authorized payment gateways, complying with banking regulations.
User Obligation
1. Restricted Use: The User acknowledges being a restricted user of this Website and agrees not to engage in activities such as copying, distributing, modifying, or reverse engineering any information or software from the Website without prior written permission from the Company.
2. Proper Access: The User agrees to access the Website only through the provided interface and not to use any automated processes or methods to access or acquire information from the Website.
3. Responsible Content: When posting or uploading data, the User must ensure it complies with applicable laws and is not offensive. Offensive material may be removed, and access revoked at the Company's discretion.
4. Respect for Others: The User must not engage in activities that harm others, impersonate individuals or entities, or publish harmful, obscene, or unlawful content.
5. Protection of Account: The User is responsible for maintaining the confidentiality of their account credentials and agrees to notify the Company of any unauthorized account use.
6. No Harm to Website: The User must not disrupt the Website's operation, attempt to breach security measures, or harm the Website or its content.
7. No Virus or Malware: Uploading files containing viruses or harmful software is prohibited.
8. No Unauthorized Downloads: The User must not download files from the Website that cannot be legally distributed.
9. Respect Privacy: The User should not probe, scan, or seek to trace information about other users, and must respect their privacy.
10. No Data Collection: Collecting or storing data about other users is not allowed.
11. Single Account: Unless permitted in writing by the Company, the User can possess only one account.
12. Legal Compliance: The User must comply with all applicable laws and regulations.
13. Transaction Responsibility: The User is responsible for all activities and transactions in their account.
14. No Decompiling: Decompiling or reverse engineering of content, including intellectual property rights, is prohibited.
15. No Harmful Use: The User must not use the Website in a harmful, unlawful, or fraudulent manner.
16. No Harm to Network: The User should not interfere with the Website or connected networks.
17. Accept Updates: The User consents to receiving updates for effective service delivery.
18. Product Availability: Not all products, services, and rewards may be available to all users, and the Company determines their availability.
19. Lost or Stolen Device: In case of a lost or stolen device, the User must request account blocking and passcode change.
20. Ethical Use: The User agrees not to engage in fraudulent activities or any prohibited transactions.
21. No Harm to Company Services: Activities that cause the Company to lose services or disrupt other suppliers are prohibited.
22. No Advertising to Users: Unsolicited advertising to other users is not allowed.
23. Disclosure to Authorities: The User authorizes the Company to disclose information to law enforcement as necessary for investigations or legal requirements.
24. Content Monitoring: While the Company is not obligated to monitor content, it can remove or edit material that violates the Terms.
25. User Responsibility: The User is responsible for their posted content and its compliance with laws and rights of third parties.
Violation of User Responsibilities
In the event that the user breaches any of the conditions outlined in these Terms of Use, User Obligations, or Privacy Policy, the company reserves the right to take the following actions:
a) Suspension of User Access: The company may suspend the user's access to the website and delete their account without prior notice. The user can contact the company's support team for assistance in restoring their access.
b) Suspicious Activity: If the company suspects any suspicious or unusual activity related to the user's account, it may take the following actions:
● Request immediate refund of scheme benefits received by the user.
● Request immediate refund of any unwarranted charges paid by the company due to fraudulent transactions.
● Charge a penalty of 3% of the transacted amount, with the possibility of an increased penalty depending on the severity of the violation or fraud.
● Temporarily or permanently suspend the user's access to the website or application services.
Suspension of User Access and Activity
The company, at its sole discretion, may limit the user's access and activity on the website by taking the following actions:
a) Breach of Terms: If the user violates any of these Terms or the Policy.
b) False Information: If the user provides inaccurate or incorrect information.
c) Harm or Damage: If the user's actions may cause harm, damage, or loss to other users or the website/company, as determined by the Company.
Indemnity and Limitations
a) The user agrees to defend, indemnify, and hold harmless the Website and the Company from any claims, liabilities, damages, losses, costs, and expenses arising from the user's actions, including violations of obligations and infringement of laws.
b) The Company shall not be liable for any special, incidental, indirect, consequential, or punitive damages, including loss of use, data, or profits.
c) The limitations and exclusions mentioned here apply to the maximum extent permitted by applicable law.
Intellectual Property Rights
a) The User has no right to use the Website's intellectual property, including trade names, trademarks, logos, and domain names, except as expressly agreed in writing.
b) The User must not use the intellectual property in a way that causes confusion among users or discredits the Company/Website.
c) Products displayed on the Website are owned by their respective creators, and their intellectual property rights remain with them.
d) Reproduction or infringement of intellectual property may result in legal action against the User.
Disclaimer of Warranties and Liabilities
a) Products/services on the Website are offered "as is" without any warranty, express or implied.
b) The Company makes no representations, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
c) Users access the Website at their own risk and should use their best judgment when purchasing products or using information on the Website.
d) The Company is not liable for errors, omissions, or damages resulting from product/service use.
e) The Company does not guarantee uninterrupted or error-free Website functions and services or the absence of viruses.
User Submissions
When a user contributes any comments, ideas, suggestions, or other content to the Company or this Website, it implies that the user grants the Company a royalty-free, perpetual, irrevocable, nonexclusive right and license to use that content. This license allows the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, create derivative works, and display the content worldwide, in any media or technology, known or developed in the future, for the full duration of any rights associated with the content. The user waives any claim to the contrary.
Furthermore, the user represents and warrants that they have all the necessary rights to the contributed content and that its use by the Company does not infringe on the rights of any third party. If any legal action is initiated against the Company by a third party due to the user's contributed content, the user agrees to indemnify and hold the Company harmless. The Company also reserves the right to defend itself in such legal disputes and recover costs from the user.
Dispute Resolution and Jurisdiction
The parties involved agree to resolve disputes related to these Terms through a two-step Alternate Dispute Resolution (ADR) mechanism. This agreement survives even after the termination or expiry of the Terms and/or Policy.
a) Mediation: If a dispute arises, the parties will attempt to resolve it amicably within thirty (30) days. If no resolution is reached, arbitration will be the next step.
b) Arbitration: Unresolved disputes will be referred to arbitration by a sole arbitrator appointed by the Company. The arbitrator's award is binding on both parties. Each party bears its own costs for the proceedings, although the arbitrator may, at their discretion, direct one party to cover all costs. Arbitration is conducted in English, with the seat of arbitration in Delhi, India. These Terms are governed by Indian laws, and the courts in Delhi have exclusive jurisdiction over disputes.
Notices
Any communication related to disputes or grievances experienced by the user should be communicated in writing to the Company's registered office via Registered Post Acknowledgement Due/Speed Post Acknowledgement Due (RPAD/SPAD).
Miscellaneous Provisions
a) Entire Agreement: These Terms and the Policy constitute the final contract between the user and the Company regarding the subject matter and supersede all previous communications and agreements.
b) Waiver: Failure to enforce any provision of these Terms does not affect the right to enforce it later. A waiver of one breach does not waive the right to enforce other breaches.
c) Severability: If any provision of these Terms is deemed invalid, illegal, or unenforceable, it does not affect the validity and enforceability of the remaining provisions. The Terms will be reformed to correct the invalidity while preserving the original intent of the parties.
Liability
(mode of payment used) is not responsible for disputes between tenants, recipients, or financial institutions. Tenants indemnify for transactions with incorrect details. Tenants must assist in investigating disputed transactions.
User Obligations
As mentioned in Section 10 of the Terms of Use.
Violation of User Obligations
As mentioned in Section 11 of the Terms of Use.
Suspicious/Fraudulent Transactions
Tenants should report suspicious or fraudulent transactions immediately. It's the tenant's responsibility to keep financial details confidential. (mode of payment used) takes measures but is not liable for such transactions.
Refunds
If (mode of payment used) fails to transfer rent due to technical issues, a refund is initiated. Tenants should not pay the landlord until a refund ID is generated. Chargebacks may occur under certain circumstances, and tenants are responsible for associated fees.
These terms are subject to change, and tenants should refer to the latest terms and conditions before making a transaction.