TERMS OF USE:

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.avacasa.life

These terms of use ("Terms") constitute a legally binding agreement between you and Avacasa (the "Company/ We/ Avacasa or Us") regarding the use of the web application/ website www.avacasa.life (the "Site") or the domain thereof and any service offered or deemed to be offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service")

Avacasa may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Avacasa. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Avacasa, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Avacasa reserves the right to suspend the operations for support or technical upgradation, maintenance work, in order to update the content or for any other reason without intimating any user in advance.

The headings of each section in these Terms are only for the purpose of organising the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed by the Parties that the headings shall have no legal or contractual value.
 

DEFINED TERMS:

"User" will includes everyone who is a Browser/Visitor(s) either as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees. "User" or "You" also includes any person who access or avail the Services provided by the Company for the purpose of hosting, publishing, sharing, listing, transacting, viewing, displaying or uploading information or views and includes other persons jointly participating in using the Services provided by the Company.
 

TERM:

These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect till the User continues to access the Site and avails the Services provided by the Company.
 

SERVICES:

The Company provides a number of internet-based services through its platform, and shall include:

1. Find a property through www.avacasa.life and its internet links.

2. We provide assistance in property search through our technical research and analysis to match customer requirement.

3. We have a dedicated team which aids the customer for Financial services, Administrative & Legal support.

4. We cater into various kinds of properties; categorised as Villas, Apartments, Managed Farmlands, Land, Global projects, Affordable Housing, Investor Projects, Structured offerings etc.

5. We help diversify our clients' real estate portfolios around India and the globe and are pioneers in bringing Indian/Global Properties with the best payout options to Indian investors.

6. We also help customers find properties owing to their customised and specific demands that may not be originally advertised/displayed on the website, charging a 2% brokerage/commission from them for the same.
    

ELIGIBILITY:

You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are competent to enter into a valid and binding contract apart from being capable of entering, performing and adhering to these Terms & Conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.
 

SECURITY:

Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties.

To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s)

Since a user identification is necessary to access the Service; the User shall use only his own user identification.

In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the Company immediately via telephone or/and concurrently in person provide the Company with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.

The User shall not use any software to automatically download or/and extract either a complete or/and partial listing from www.avacasa.life database without prior consent from Avacasa in writing. Avacasa reserves the right to withhold such consent.

Avacasa shall in no way be directly, indirectly or even remotely liable for any fraudulent transaction or deduction of money from the bank account of any User.

 

OBLIGATIONS AND REPRESENTATIONS OF USER/SUBSCRIBER:

• To provide accurate, complete and correct registration data on initial application for the Services.

• The User agrees that any data entered on the Site will be subject to mandatory verification process by the Company.

• The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.

• The User shall be solely responsible for all information retrieved, stored and transmitted by him.

• The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.

• The User shall be responsible for all the activities that occur on his/its display name and password.

• The User agrees to immediately notify the Company of any unauthorised use / breach of his/its password or account and ensure to exit from the account at the end of each session

• The User shall immediately notify the Company of any unauthorised use of the User's account or any other breach of security known to the User.

• To ensure that he/she is above 18 years in age and competent to enter into the contract.

• The User shall be responsible for the set-up or configuration of his equipment for access to the Services.

• The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Company however shall endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.

User of the website agrees to indemnify and keep Avacasa indemnified from any wrong/ false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.

PROHIBITED ACTIONS:

• User is restrained from allowing any person other than the authorised person(s) named in the application form to use the Service.

• The User undertakes not to resell or assign his/its rights or obligations under these Terms & Conditions. User also agrees not to make any unauthorised commercial use of the Service.

• The User shall use the Service only for the purpose for which it is subscribed.

• The User shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

• The User shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any User on Site except such data and information which is posted by the particular User himself/itself.

• The User shall not use the Service for any unlawful and fraudulent purpose.

• The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.

• The User is prohibited from postings any information or content on Site, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.

• The User shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.

• The User agrees not to make use of anyone else's information other than as necessary to complete any transactions in which User is involved.

• The User shall not violate, or attempt to violate the security of the Site and/or any web sites linked to www.avacasa.life or gain unauthorised access to any information regarded as private by other User(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the User is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

• The User shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Site network system.

In the event that the User breaches any of the above mentioned covenants, the Company shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the User's access to the Site Service and/ or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to recourse to any legal remedy against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the User.

In the event that the User breaches terms of use of service, the Company reserves the unilateral right to suspend or/and deactivate the User's access to the Site Service and/or any other related facility. Further Company at its sole discretion, permanently or temporarily, blacklist a User. In addition to the right to indemnity available to the Company, the Company shall have the right to recourse to any legal remedy against the User to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to violation by the User.

The Users shall avail Services on avacasa.life or any other related site for lawful purposes alone. Transmission or/and distribution or/and storage of material or/and conduct in violation of any applicable local or/and state or/and Central or/and foreign law or/and regulation is prohibited. This includes without limitation any unauthorised use of material protected by patent or/and copyright or/and trademark or/and other intellectual property right, material that is obscene or/and defamatory or/and libellous or/and constitutes an illegal threat, or/and violates rights of privacy or publicity, or/and violates export control laws. The User may use the information on our site only to the extent necessary to facilitate the related transactions.

The Company strongly opposes spam, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the avacasa.life site. All forms of spam, or any other activities that have the effect of facilitating spam, are strictly prohibited.

The Company also prohibits the use of another internet service to send or post spam to drive visitors to your site hosted on or through avacasa.life site, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not otherwise made available through the Platform. We reserve Our right to bar any such activity.

The User shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.


 

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.

The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.

The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
 

SUBMISSIONS

Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
 

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;

b) Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be Bangalore, India.

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Bangalore shall have exclusive jurisdiction over any disputes arising between the Parties.
 

NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing/text form, and communicating it through any of the following means:

1. Sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).

2. By way of electronic mail on the company’s email address.