Refund Policy

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Refund Policy: Terms And Condition For Users

The user(s) hereby agree(s) to participate in KAGAAY EVENT(s) organised by KAGAAY TECHNOSOLV PVT LTD (KTPL), upon the terms and subject to the conditions of refund set out below:-

  1. Application once submitted successfully cannot be withdrawn.
  2. User’s Participation charges paid plus applicable GST paid are Non-Refundable
  3. KAGAAY App Technology charges plus applicable GST paid by User(s) are Non-Refundable
  4. Banner Advertisement charges plus applicable GST paid for display of banner are Non-Refundable
  5. Membership Fee plus applicable GST is Non-Refundable.
  6. Event Participation Fee plus applicable GST are Non-Refundable for those inventories which are not sold in that particular KAGAAY Event.
  7. Event Participation Fee paid for particular inventory which are sold through that particular KAGAAY Event will be adjusted against the success fee due to KTPL.
  8. Success Fee which is to be paid as per policy is Non-Negotiable once the inventory is uploaded for particular event.
  9. EARNEST MONEY DEPOSIT REFUND POLICY:

    The COMMITMENT FEE amount will be refunded without interest to the users as per the conditions enumerated herein below.

    SUCCESSFUL CUSTOMER:

    1. COMMITMENT FEE paid by successful customer will be refunded or returned to successful customer or to the Realtor/Owner (s) after deducting 5% online transfer and processing charges.
    2. Refund action will be initiated only after receipt of NOC from both parties [Realtor/ Owner (s) & Successful Customer(s)]
    3. Repayment of COMMITMENT FEE paid by successful Customer will also be initiated only after settlement of success fee and other charges due to KTPL after successful sale of that particular inventory.
  10. FLASH SALE - ELIGIBILITY AND TIMELINES FOR REFUND OF COMMITMENT FEE:

    COMMITMENT FEE paid by applicants will be refunded after deducting 5% online transfer and processing charges in the following occasions: -

    Eligibility for COMMITMENT FEE Refund Timelines for Refund
    Declared Not Winner in flash sale (If you are number 3 and above in opting one particular inventory)/ Better Luck next time Within 10 working days from the date of flash sale
    Wait list applicant and not got chance to opt for particular inventory because the number above him/ her has completed the process of agreement to sale / Sale Deed within prescribed timelines. (Better next time) Within 10 days of the sale agreement/ Sale Deed executed by number one successful customer
    Winner applicant surrenders the opted property on valid grounds and KAGAAY accepts the reasons of surrender Within 10 working days from the acceptance of surrender of opted property
  11. FLASH SALE - The COMMITMENT FEE of the Successful Winner Applicant will be forfeited on following occasions
    • If Winner Applicant fails to register Sale Agreement/Sale Deed within or on or before 30th day from the date of result.
    • If Winner Applicant decline the flat on account of Location, Floor, Vaastu and for any other reason not acceptable as per T &C etc.
    • If Winner Applicant withdraws himself due to inability to pay for the property cost due to insufficient funds or less home loan eligibility.
    • If promoted from wait list and applicant fails to register sale agreement on or before 30th day of the said promotion.
    • If the applicant banned or disqualified from doing registration of Agreement to Sale on disciplinary ground as decided by KAGAAY.
  12. MEGA DRAW OF LOTS OR DRAW OF LOTS - Eligibility and Timelines for Refund of COMMITMENT FEE:COMMITMENT FEE paid by applicants will be refunded after deducting 5% online transfer and processing charges in the following occasions: -
    Eligibility for COMMITMENT FEE Refund Timelines for Refund
    Declared Not Selected in Draw of Lots or Mega draw of Lots (Better Luck Next Time) Within 10 working days from the date of result
    Wait list Pool applicant and not promoted to second select list. (Better Luck next Time) Within 10 days of the second select list promulgation
    Selected in one flat category/ type and hence Refund of COMMITMENT FEE paid for other category/ types (Better Luck next Time) Within 20 days from the date of result of particular draw or Megadraw of lots
    Applicant surrenders the inventory won in the draw of lots on valid grounds and KAGAAY accepts the reasons of surrender Within 10 working days from the acceptance of surrender of said inventory
  13. The EMD of the Applicant will be Forfeited on following Occasions:
    • If Selected Applicant fails to register Sale Agreement within or on or before 45th from the date of draw result.
    • If Selected Applicant decline the flat on account of Location, Floor, Vaastu and for any other reason etc.
    • If Selected Applicant withdraws himself due to inability to pay for the flat cost due to insufficient funds or less home loan eligibility.
    • If promoted from wait list pool and applicant fails to register Sale Agreement on or before 45th day of said promotion from waitlist
    • If the applicant banned or disqualified from doing registration of Agreement to Sale on disciplinary ground as decided by KAGAAY.
  14. eAuction - Eligibility and Timelines for Refund of COMMITMENT FEE:Commitment Fee paid will be refunded after deducting 5% online transfer and processing charges:
    Eligibility for COMMITMENT FEE Refund Timelines for Refund
    Declared Unsuccessful Bidder Within 10 working days from the date of completion of eAuction
    Wait list bidder and not permitted to Bid due to various reasons Within 10 working days of the close of the particular eAuction
    Waitlist Bidder number 1 and 2 (Better Luck Next Time Bidder) Within 20 working days from the date of completion eAuction process by winner bidder
  15. The COMMITMENT FEE of the Bidder will be forfeited on following occasions:
    • If the successful bidder fails to register sale agreement/ Sale deed within or on or before 25th day from the date of eAuction result
    • If successful bidder declines the inventory on account of location, floor, Vaastu and for any other reason etc.
    • If promoted from wait list pool and bidder fails to register sale agreement on or before 25th day of said promotion from waitlist
  16. TIME PERIOD FOR REFUNDS: Refunds are normally processed, and amount is returned within mutually agreed time period and further delay depends on various banking and payment service provider.
  17. REFUNDS IN TRANSACTION FAILED CASES:Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:
    1. If you face any of the above payment issues, try making transaction again in a short while or contact your bank or issuer for technical assistance. KAGAAY is not liable for any loss or inconvenience caused to you when making payment or for any wrongful debits to your cards or net banking accounts.
    2. Any refund or charge back shall be made in accordance with the terms and conditions of the relevant service provider providing the payment gateway and other related services.
    3. Though KTPL/ payment reconciliation team works on a 24x7 basis, KTPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the User’s card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
    4. Refunds in the event of wrong property content being posted on the site would be at the discretion of KAGAAY.
    5. In addition refunds of COMMITMENT FEEs to Users taking participation in the various events organised by KAGAAY will be done as per the above policy of refund mentioned herein above.
  18. DEFINITIONS:
    1. User(s):Hereinafter,Applicants/KAGAAYacquiredcustomer(s)/Realtors/Owners/Bidder(s)/Private party/ Bank will be collectively called as User(s) for this policy understanding purpose.
    2. Applicant: Any Person who is competent to contract and who has applied with intent to participate in the KAGAAY Events.
    3. Winner Applicant:
      • Name of Applicant appears in Winner list.
      • Applicants Prompted from waitlist pool.
    4. Waitlist Applicant: Applicants who are placed in Waitlist Pool.
    5. Better Luck Next Time Applicant:
      • whose name does not appear in winner or waitlist list
      • Applicant from wait list pool not promoted to Winner list.
    6. Successful Customers: The KAGAAY acquired customer (s) who have honoured the terms and conditions of that particular KAGAAY Event (Flash Sale/Mega draw of lots/ Draw of lots/ eAuction etc.) and completed the desirable transaction by entering into registration of Sale Agreement or Sale Deed on or before deadline.
    7. Earnest Money Deposit: It is non-negotiable assurance amount from applicant to KAGAAY.
    8. Committment Fee: It is non- negotiable assurance amount from bidder as well as Owner to KĀGAAY for participating in e-Auction.
  19. GOVERNMENT TAXES: In case any tax liability is attracted on amount refunded from KTPL, then it is the responsibility of individual recipient to abide by such tax liabilities and KTPL has not responsibility towards it.
  20. REPRESENTATIONS AND WARRANTIES:

    The User(s) represent and warrant to the KTPL that:

    • the applicant/s have the power to enter into and agree these terms and conditions.
    • no litigation, arbitration, tax claim, dispute or administrative proceedings presently current or pending or, to its knowledge, threatened, which is likely to have an adverse effect upon the User(s);
    • these terms and conditions constitute a legal, valid and binding obligation of the User (s) and are enforceable in accordance with Its terms and conditions: and
    • the User (s) have observed and complied with a laws, rules, regulations, by-laws, orders, and other requirements for the time being in force, affecting relating to or concerning these terms and conditions.
    • the User (s) acknowledges that the KTPL has relied on the User’s representations and warranties as set out in these and such representations and warranties are valid and effective for the duration of the KAGAAY event.
    • If User breach any terms and condition of KAGAAY then shall not be entitled to claim refund.
  21. DECISIONS OF KAGAAY/KTPL:

    The KTPL decisions on all matters relating to any inconsistencies of these terms and conditions shall be final, binding and conclusive on the User(s), No discussion, correspondence, enquiry, appeal or challenge in respect of any decision of the KTPL shall be entertained in any way whatsoever.

    The User (s) hereby irrevocably waive off all rights to make any oral or written complaints, public announcements or statements on the KAGAAY, unless with the prior written consent of the KTPL.

  22. LIABILITY:

    In any case of whatsoever nature and for any reason liability of KTPL is limited to refund of interest free COMMITMENT FEE to the User(s) as per COMMITMENT FEE refund policy stated herein above.

  23. GOVERNING LAW:

    These terms and conditions shall be construed, governed and interpreted In accordance with the laws of India in general and State of Maharashtra in specific.

  24. SUCCESSORS BOUND:

    These terms and conditions shall be binding upon on the User(s) and the successors, heirs and personal representatives and permitted assigns of User(s).

  25. SEVERABILITY:

    If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of these Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

  26. FORCE MAJEURE:

    KTPL shall not be liable for any refund in respect of contest due to any act of God, War, Riot, Strike, Lockout, Industrial Action, Fire, Flood, Storm, Epidemic, Pandemic, Technical or System failure or any other event beyond the reasonable control of KTPL.

  27. INCONSISTENCIES:

    In the event any inconsistencies between English Terms and Conditions and vernacular Terms and Conditions and in any brochures, marketing or promotional materials relating to any KAGAAY event, these terms and conditions in English language shall prevail.