General Terms And Conditions For Users
- USER AGREEMENT: This document provides you with details about the manner in which this Application needs to be used, precautions and guidelines to be followed while using it. You are advised to read
- IT RULES: These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011,and are an‘electronic record’ as contemplated
under section 2(t) of the Information Technology Act, 2000 and the Rules there under. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.
- OWNERSHIP OF THE APP: The App ‘KĀGAAY’ is owned, hosted and operated by KĀGAAY TECHNOSOLV PRIVATE LIMITED (hereinafter referred to as “KĀGAAY”, or “ KTPL” “we” “us”, “our” etc.), a Limited Company duly
registered under the Company Act 2008, having ITS registered office at # 31, Grow More Tower, Plot No. 5, Sector 2, Kharghar, Navi Mumbai, Maharashtra- 410206
- BACKGROUND: KĀGAAY is a Gamified Salefirst Platform connecting People & Properties for Greater Good of Global Prosperity & Progress. It is a first gamification platform/portal where realtors/sellers
can onboard, upload and sale their properties online through KĀGAAY events organised by KTPL or through events organised individually by realtor by availing KĀGAAY platform as a SAAS model. At the same time subscribers/users/customers/purchasers
can participate and express their intention to buy the products displayed on this APP during various events organised by KTPL or its associates. KĀGAAY has the provision of organising various events for sales of
properties of various realtors from across the country or even for realtors from abroad. The various KĀGAAY enabled events are Flash Sales, Megadraw of lots and e-Auction etc.
and conditions and rules, as maybe amended and supplemented, from time to time ("Terms") which shall be applicable to access and use in the app. KĀGAAY reserves the right to change any of the terms and conditions
and changes. Use of the App by the user (“You”/ “User”) is subject to your compliance with the terms and conditions contained herein. If you do not agree with any of these terms and conditions, you should not access
or use app KĀGAAY. If you have any questions about these terms please contact (email@example.com)
- IRREVOCABLE ACCEPTANCE: By Accessing, browsing, downloading, or using any portion of the services or otherwise using the App will be construed as your unequivocal and irrevocable acceptance and acknowledgement
its sole discretion allow or disallow access to App. If you utilize KĀGAAY app in a manner inconsistent with these terms and conditions, KTPL may terminate your access, block your future access and/or seek such
additional relief as the circumstances of your misuse may be deemed to be fit and proper. KTPL may also suspend the operation of app for support or technical upgradation, maintenance work, in order to update the
content or for any other reason.
- UNDERTAKING: KĀGAAY and/or any other website(s) linked to this app is an online information and you agree, understand and acknowledge that the app is an online platform that enables you to purchase
property listed on the website at the price indicated therein from any location during the events organised by KTPL or any other Realtor using KĀGAAY as SAAS platform. You are advised to read all these documents
carefully. If you do not agree to the terms and conditions enumerated herein then, please do not sign in or register on our App/website.
- Waitlist :Your registration and participation in any KĀGAAY Event is construed as your unequivocal and irrevocable acceptance and acknowledgement for putting your name in waitlist and refund of your
EMD/ Commitment Fee as per refund policy.
- “Agreement" means, collectively and as applicable to you, these Terms, the applicable Services Addendum, and all other applicable terms, conditions, and policies, including Privacy Notice, which we make available
to you in connection with your use of the Services.
- “Subscriber”/ “User” means any person, whether an individual or a legal entity who has subscribed to the Services of KĀGAAY by downloading the App, and to whom the access to KĀGAAY is given after due registration
process, it is made abundantly clear that only the authorised User has the right to access the Services so offered by KĀGAAY.
- The term “Browser/Visitor” will mean and include a person who utilizes any of the Services offered by KĀGAAY, without the need or a requirement to create an account i.e. visits non-restricted portions of KĀGAAY.
- “Unauthorised User”: The use and access to KĀGAAY shall be subject to these terms and conditions. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the
Services, but does so, will fall within the definition of an 'unauthorised user' and will nevertheless be subject to the terms and conditions regulating the usage of KĀGAAY, and expressly so with respect
to respecting the intellectual property rights of the KTPL, and abiding by terms and conditions below mentioned.
- The terms 'User' and 'Customer' would include both the Realtor/Subscriber/Advertiser(s) and Browser/Visitor(s)
- The terms 'Service' or 'Services' would mean to include the interactive online information service offered by KĀGAAY on the internet through which the user may access information carried by KĀGAAY in the database
maintained by it. The terms would also include the search tools through which the User can find the hosted databases and information using a number of tools that are present with a selection matching their
search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full
document/ record. The term Service does not extend to KĀGAAY acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.
- The term RERA shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder.
- “Claim" means any dispute, controversy or claim arising between you and a KTPL
- "App" means the Mobile Application and Websites that are maintained by or on behalf of the KTPL through which the KTPL may offer services.
- "Testing" The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in final or pre-release form) that we
may conduct ("Testing"). Except to the extent otherwise provided in another agreement between you and the applicable KTPL Company, your participation in any Testing and use of any data, content, information,
or other materials in connection with such Testing shall be subject to this Agreement.
- "Third Party Content" means your Content and any data, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide
to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the KTPL Privacy Notice; and (ii) content and information
posted or provided by our service providers, or any third party multiple listing service, broker, or agent.
- "Third Party Sites" means third party websites.
- "Your Content" means your information of property displayed at KĀGAAY, your Feedback and any data, content, information, ideas, comments, listing information, photos, or other materials that you provide to us
or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the KTPL Privacy Notice.
- "MLS" means Multiple Listing Service.
- “KTPL KARAN" means an individual deployed or otherwise acting directly on behalf of KTPL pursuant to a written agreement between KTPL and the individual.
- "KTPL Client"/ “Realtor”/ “User”/“Owner”/ “Seller” means a person who has entered into an agreement with KTPL for the purpose of listing, selling, or buying a property in connection with the KTPL Services.
- "KTPL Services" means the sites and services provided by or for KTPL Services through the KTPL Services.
- “KTPL Sites" means https://www.kagaay.com, and other websites and mobile applications through which KTPL may offer services.
- All other capitalized terms will have the meaning as provided elsewhere in this KTPL Services Addendum or in the Agreement.
- Waitlist Applicant: Applicants who are placed in waitlist Pool.
Commitment Fee: It is non- negotiable assurance amount from bidder as well as Owner to KĀGAAY for participating in e-Auction.
- Who May Use the Services: To access and use the Services, you must be at least the age of majority in the state, province, or territory where you live or at least 18 years of age. If you are under the age of
18, you may not use the Services and you should not be visiting the Sites or using the Services. If you are less than 18 years of age who is intending to avail the services of the App should do so through
your legal guardian in accordance with applicable law.
- If you are using the App on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity
to use and access the App.
- In case of realtor or owner desires to upload the details of property on KĀGAAY App for participating in any event organised by KTPL then it is mandatory for him to first authenticate the Aadhar card and upload
live video of authentication.
- COMPLIANCE REQUIREMENTS:Every User of the App shall comply with all the applicable laws, including but not limited to the Foreign Exchange Management Act, 1999, notifications issued there under the
Exchange Control Manual issued by the Reserve Bank of India, Customs Act, 1962, Information Technology Act, 2000, Prevention of Money Laundering Act, 2002, Foreign Contribution Regulation Act, 1976, Income Tax Act,
1961, Export Import Policy of the Government of India and shall include any amendments, notifications and Rules thereof under the aforesaid enactments applicable for using the App or buying/selling any product or
service through the App.
- THIRD PARTY WEBSITES:The App may contain links to other third-party World Wide Web sites or resources. KTPL makes no representations whatsoever about any other Web site you may access through KĀGAAY
that any risk associated thereof while accessing and using such linked third-party websites solely lies with you and KTPL/ KĀGAAY shall not be responsible in any manner whatsoever.
- USER ACCOUNT:You are required to download KĀGAAY App and sign in after entering desired information asked by the App and paying requisite non refundable technology charges and Application fee. You will
have to register and create an account (“Account”) for using the App by entering an Email address, Mobile number and Aadhar number. KĀGAAY at its sole discretion may ask for the verification of your Account Information
provided by you and hence, it is mandatory to provide a valid information e.g. like email address or mobile number etc. while creating an Account. The App will set-up an account and email the details of the Account
at the email address provided. You can also create and update an Account through Customer Support. Single individual can create and download the KĀGAAY App more than one time, if a person has more than one mobile
number. The list of information required to be provided by you, the manner of usage, protection and confidentiality of your information and Account information are more specifically dealt under the App’s Privacy
- SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS:KĀGAAY doesn’t take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website/App by
its customers, which are strictly in the nature of sale of space by KĀGAAY & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any
law for the time being in force, of such images/ banners/ listings. In case a User/ Realtor is covered under the RERA, it shall have to ensure adherence of all compliance necessary, including but not limited to
obtaining the necessary registrations etc. The User/Realtor shall disclose all material information as required by KTPL and in respect of their registrations under RERA and all such property(s) submitted including
the present status and nature of such property and shall also disclose whether the property is free from all encumbrances or not. The User/ Realtor in addition shall furnish a brief background of such property in
respect of title, ownership and possession, KTPL may also require the User to support his/her claims with respect to the status of the property with such documents as may be specified by it from time to time.
- KTPL may, at its sole discretion but without any obligation to, search for such and remove properties that are alleged to have been submitted in violation of this provision. In addition, KTPL may require additional
evidence of compliance with this provision from Realtors/Users who are alleged to have submitted properties or other information/data in violation of these terms and conditions. KTPL will, in its sole discretion,
terminate the accounts of, and refuse Services to any Realtor/User who repeatedly or intentionally violates these terms and conditions. Additionally, the Realtor/user agrees to allow the Property listing, or any
part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to from Realtor’s / User's website or the KĀGAAY website. KTPL shall have the sole authority to choose the manner in which
any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on KĀGAAY and KTPL shall have the right to modify the property listing in the exercise of its rights under these terms and
conditions. In addition to the terms aforementioned the Realtor/User agrees:-
- to represent and warrant that all Properties and associated information provided by the Realtor/User will be accurate;
- that the Realtor/ User will not permit the posting of a property on KĀGAAY under a name other than the name of an owner or a person who has been duly authorized and engaged by the owner of the property in this
- KTPL shall place the information relating to properties at defined sections of KĀGAAY or such other mirror or parallel site(s). KTPL reserves, in a manner consistent with reasonable commercial business practices,
the right to remove all or any part of the Properties posted by the Realtor/User on KĀGAAY without prior notice. KTPL accepts no responsibility for checking/verifying the accuracy of reports or data files
submitted by the Realtor/User. While KTPL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs
and other materials furnished/submitted to KĀGAAY.
- VERIFICATION OF PROPERTIES DISPLAYED AT KĀGAAY:Realtors/Users/Customers, who are Selling/buying/e-Auctioning property/properties through KĀGAAY, must verify details of the property/properties as well
as its right, title, ownership, lien etc. on their own. KĀGAAY is only media to bring two parties (Seller and Buyer) on same platform and hence KĀGAAY and KTPL team shall not be made party in any legal dispute arising
with / between buyers and sellers due to the legality of project/ unit, Commitments of realtor or buyer to each other, mutual agreed timelines etc. KTPL will release the EMD or Commitment amount deposited by buyer
only after confirmation from both parties regarding completion of intended transaction and NIL due certificates from each other.
- PAYMENT TERMS:Payments for all the Services offered by KĀGAAY shall be on a 100% advance basis except success fee from realtors or owners of properties to be paid post legal agreement between seller
and buyer is completed as per applicable law of land. The payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any, will be at the sole
discretion of KĀGAAY TECHNOSOLV PVT LTD . KTPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that KTPL, at its
sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable
by User to KĀGAAY under any other agreement or commercial relationship towards other products/services. Post completion of transaction between parties involved a success fee is applicable as per agreed terms and
conditions of KĀGAAY and shall be paid by the realtors or owners of the property to KĀGAAY within specified timelines.
- KTPL gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount received from Realtor/ User only. KTPL undertakes no liability for
free Services. KTPL reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not
shall be deemed to be included if any reference is made to them.
- KTPL uses maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a
user is directed to a Payment Gateway, KTPL/does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by KTPL, once a credit card transaction has been completed,
the payment information is not accessible to anyone at KTPL/after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.
- KTPL shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online
transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in
pursuance of a legal process or otherwise.
- CREDIT AND DEBIT CARD:KĀGAAY through third party vendor networks accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to your issuing bank's site, where
you will have to follow the instruction to complete the payment.
- NET BANKING:You can make payment by using Your Net Banking account. The App accepts payments through various banks. You will be redirected to your bank's site where you will be able to make payment
after entering in your login id and password that is known only to you.
- ISSUES WITH PAYMENTS - PENDING PAYMENTS:Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:
- Incorrect debit or credit card details are entered.
- Card may be blocked or card details are no longer valid or need to be updated.
- The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by your bank.
- The connection between KĀGAAY’s third party vendor network and your bank or issuer failed due to some technical reasons and the transaction could not be completed.
- Card or bank or issuer is not recognised by KĀGAAY’s third party vendor.
- Incorrect login or password details are entered.
- Payment amount exceeds the limit mutually agreed to between you and your bank or issuer.
- 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. KĀGAAY 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.
- ISSUING BANK TERMS AND CONDITIONS:Realtor/User understand and acknowledge that all payments made by the Realtor/User using valid credit card/ Debit card/ Cash Card/ and other payment instruments or
mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the
User and the respective Issuing Bank and payment instrument issuing agency.
- REQUIREMENTS OF PERMANENT ACCOUNT NUMBER (PAN):For all the transaction of an amount equal to or exceeding INR 2,00,000 (INR Two lakhs only), you will be required to upload a copy of your PAN card, within
such time as may be prescribed from the date of transaction, failing which, the transaction made by you will be automatically cancelled. The transaction shall also stand cancelled if there is a discrepancy in the
name given in the Account with KĀGAAY is different from the name printed on the PAN card. The requirement to provide a copy of PAN card is one time activity and you don’t need to submit it again.
- REFUND POLICY:Refunds are provided, subject to the eligible conditions as per Policy.
- TIME PERIOD FOR REFUNDS:Refunds are normally processed and amount is returned within mutually agreed time periodand further delay depends on various banking and payment service provider.
- REFUNDS AND CHARGE BACK:Subject the sub-clause below, if any amount is payable by the Realtor/User to KĀGAAY by way for any services offered by KĀGAAY or otherwise at any given point in time, in the
event a request made by the Realtor/User is not a valid request, or if it is rejected by KĀGAAY for any reasons whatsoever, the Realtor/User agrees to pay to KĀGAAY processing charges and KĀGAAY shall refund such
amounts as may be decided by KĀGAAY in its sole discretion from time to time. 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.
- REFUND IN FAILED TRANSACTIONS: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 Subscribers/
users 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. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of KĀGAAY. In addition refunds of EMDs to users/ subscribers taking participation
in the various events organised by KĀGAAY will be done as per the above policy of refund.
- If you utilize KĀGAAY in a manner inconsistent with these terms and conditions, KTPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be
deemed to be fit and proper.
- INTELLECTUAL PROPERTY RIGHTS:
- All logos, brands, trademarks and Service marks ("Marks") appearing in KĀGAAY are the properties either owned or used under license by KTPL and / or its associates. All rights accruing from the same, statutory
or otherwise wholly vest with KTPL/ its associates. The access to KĀGAAY does not confer upon the realtor/User any license or right to use in respect of these Marks and therefore the use of these Marks in
any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
- KTPL respects the Intellectual Property Rights of all; it has and will continue to adhere to all the laws applicable in India in this respect. KTPL shall protect and respect the Intellectual Property Rights
of the users as well as third parties to the best of its ability. In a case where a Realtor/User(s) are found to be using KĀGAAY as a platform to infringe the Intellectual Property Rights of others, KTPL
will be free to terminate this Agreement forthwith without any notice to the realtor/user.
- By allowing Realtor/Users to access KĀGAAY, KTPL grants the Realtor/Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User is
in compliance with the terms and conditions of the Agreement.
- RESTRICTIONS:You hereby expressly agree not to:-
- Utilise the Services offered by KĀGAAY in any manner so as to impair the interests and functioning of KTPL/ KĀGAAY and which is non-compliant with laws and regulations including RERA.
- Access data not intended for you or log into server or account that you are not authorized to access;
- Attempt to probe, scan or test the vulnerability of a system or network;
- Attempt or breach security or authentication measures without proper authorization;
- Attempt to interfere with, access to any other user including but not limited to by submitting a virus of any kind or Trojan horse to KĀGAAY, overloading, Flooding, mail bombing or crashing;
- Copy, distribute, download, display, perform, reproduce, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any material contained in KĀGAAY except as permitted;
- Copy and distribute this information on any other server, or modify or re-use information, text, graphics, sound, etc.
- Reproduce of any part of KĀGAAY and to sell or distribute it for commercial gain nor shall it be modified or incorporated in any other work, publication whether in hard copy or electronic format, including postings
to any other website; or
- Remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from KĀGAAY or link to KĀGAAY, without our express written consent.
- The user shall not utilise the Services offered by KĀGAAY in any manner so as to impair the interests and functioning of KTPL/ KĀGAAY.
- Duplicate, download publish, modify and distribute material on KĀGAAY.com unless specifically authorised by KTPL in this regard.
- The Realtor/user undertakes not to establish any deep link or other connection to any specific page of KĀGAAY other than the Home Page without obtaining prior consent of KTPL.
- PROHIBITIONS:The Realtor/User / subscriber / visitor to KĀGAAY or affiliated site(s) is prohibited from uploading, posting, transmitting, updating or sharing any information that:
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or
encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person,
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation. The Realtor/ User understand that any violations of system or network security may result in civil or criminal liability.
- DISCLAIMER AND WARRANTIES:
- KĀGAAY is an intermediary as defined under sub-clause (w) of Section 2 of the Information Technology Act, 2000
- You, being the User of the App expressly agree that the use of the App is at your sole risk. The App and the contents uploaded or provided or shared by other users are made available to the User through the
App on an "AS IS" basis and "AS AVAILABLE BASIS” without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy,
reliability, completeness, timeliness, performance, safety, for a particular purpose or the legality of the Property listed or displayed or transacted to the extent permitted by applicable Indian law and
KĀGAAY does not accept any liability for any errors or omissions.
- Views expressed by the Realtor/Users are their own; KTPL does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the site is made although
every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the website/ App, please report it to
- It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, Services, real estate and other related information listed on the website/App. KTPL does not warrant
that the access to website / App will be uninterrupted or error-free or that defects in website/ App will be corrected.
- KTPL offers no guarantee no warrantees that there would be satisfactory response or any response at all, once the listing/banner is put on display. Any payments made to KTPL/ KĀGAAY are solely for the purposes
of display of the property advertised.
- Users are strongly advised to independently verify the authenticity of any offers received by them. KTPL does not endorse investment in any projects which have not received official sanction and have not been
launched by the Builder/Promoter, users dealing in such projects shall be doing so entirely at their risk and responsibility.
- No information contained herein shall constitute an invitation or an offer to invest in KTPL or any of its Affiliates. Further, nothing contained in KĀGAAY should be construed as a recommendation to buy or sell
- KĀGAAY is controlled and operated from India. If you use KĀGAAY from outside India, you are entirely responsible for compliance with all applicable local laws as well as international conventions and treaties.
- KTPL offers products, Services, content and various other functionalities through KĀGAAY and its affiliate sites to specific regions worldwide. The Services offered in one region may differ from those in other
regions due to local or regional laws or legal impediments and other considerations/factors. KTPL does not make any warranty or representation that a User in one region may also obtain the Services as provided
in another region. Information on KĀGAAY may contain references to property / products, programs or Services that are not announced by KTPL or available in your country. Such references do not in any manner
imply that KTPL intends to announce, launch or provide such products, programs or Services in your country.
- KĀGAAY shall not be liable or responsible for any actions or inactions of sellers/ realtor or any breach of conditions,
- KĀGAAY does not guarantee that the services provided through the App will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures,
virus attacks, bugs or due to any other technical reasons or otherwise. App disclaims all liability for losses or damages caused by any such interruption or errors in functioning. KĀGAAY also disclaims all
liability for any malfunctioning impossibility of access or poor use conditions of the App due to inappropriate equipment, disturbances related to internet services, down time or otherwise.
- In no event shall KĀGAAY be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b)
the cost of procurement of services substitute to the Services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the Services; including,
without limitation, damages for loss of use, data or profits, arising out of or in any way connected with availing of the Services through the app Website. KĀGAAY shall not be liable for any third-party
product, the advertisement available on e-mail or App with respect to the third-party website or the products and services are for information purpose only.
- Neither shall KĀGAAY be responsible for the delay or inability to use the Website or App Services, the provision of or failure to provide the Services, or for any information, software, products, services
and related graphics obtained from KĀGAAY through the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, KĀGAAY shall not be held responsible for non-availability
of the Website during periodic maintenance operations or any unplanned suspension of access to the Website and/ or the Services that may occur due to technical reasons or for any other reason whatsoever.
The User understands and agrees that any material and/or data downloaded or otherwise obtained from KĀGAAY through the Website is done entirely at his discretion and risk and he will be solely responsible
for any damage to his mobile/computer systems or any other loss that results from such material and/or data.
- These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of
action, to the extent such exclusion and limitations are not prohibited by applicable law.
- LIMITATION OF LIABILITY:
- In no event KĀGAAY including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without
limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use KĀGAAY, its content or links, including but not limited
to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, whether based on warranty, contract, tort (including negligence) or in
any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
- Unless otherwise specified and notwithstanding anything contained in any other agreement or arrangement, by whatever name called, the performance obligation of KTPL(service provider) is to provide access
of its on-line portal to the customer/ Realtors/ users/ subscribers for the duration of the subscription period & reference to any usage, by whatever name called or any other performance obligation,
if any, is to provide the upper limit for consumption, which by itself, does not create any additional performance obligation upon KTPL.
- Without prejudice, it is agreed by You that KĀGAAY including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be held cumulatively liable
for any damages or claims more than INR 1,000/- (Rupees One Thousand only) subject to applicable law in respect of all matters and you acknowledge that this is reasonable assessment of risk and liabilities.
- KĀGAAY reserves the right to terminate the services provided to any Realtor/User without prior notice in the event of any default committed by Realtor/User including but not limited to the breach of any
On such termination, the Realtors/Users information and other details shall be black listed by the App and shall be taken into consideration whenever necessary.
- KĀGAAY will terminate the services provided to any Realtor/User/Subscriber if it is required under any applicable law. Without prejudice, KĀGAAY reserves its right to terminate the services if such provision
of services to the Realtor/User is not economically viable for KĀGAAY. Realtor/User may choose to discontinue availing services and facilities provided through the App by closing the Realtor/User account
with the App with prior notice to KTPL.
- On termination of the Realtor/User account, the Realtor/User is not eligible to display/sell/purchase the property through the App. Once the Realtors/Users account is terminated for any reason whatsoever,
the contents, reviews, comments or other material posted on the App by the Realtor/User shall be removed by KĀGAAY.
- Post termination of the services provided to the Realtor/User through the App, the Realtors/Users personal information would reside in the App’s database for a certain period of time. It is also clarified
if any Realtor/User by default or otherwise is found using or dealing with the App post termination of the service provided through the App, the Realtor/User shall be prosecuted by KĀGAAY. The Realtor/User
shall be also liable to compensate KĀGAAY for any unauthorized use of the App.
- Submissions and unauthorized use of any information(s)/materials contained on KĀGAAY may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations
thereto and other applicable laws, statutes and its rules and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password/ Account.
- You agree to indemnify and hold harmless KĀGAAY including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings,
claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any
or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.
- KTPL will not be party to any legal proceedings between parties contracted through these Services. In case KTPL is sought to implicate in any legal proceedings, costs will be recovered from the party that
names KTPL as a party to such proceedings. KTPL shall abide with any court order served on it through due process.
- ARBITRATION:If any dispute arises between a Realtor/User and KTPL arising out of use of the App/Website or thereafter, in connection with the validity, interpretation, implementation or alleged
breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by KTPL . Decision of the Arbitrator shall
be final and binding on both the parties to the dispute. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.
- SEVERABILITY OF PROVISIONS:This AGREEMENT between you and KTPL governs your use of KĀGAAY App. If any provision of these KĀGAAY App’s terms and conditions or part thereof is inconsistent with or
is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of
any other provision of the terms and conditions.
- WAIVER:The failure of KTPL to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.
- INFRASTRUCTURE:To use the KĀGAAY App, You require Internet connectivity or appropriate telecommunication links and the App’s service does not include the provision of any computer system, resource,
terminal, server, equipment, mobile or any devices. KĀGAAY shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for Realtor/User
to use and access the App nor shall be liable for any costs incurred on account of your usage of Internet or appropriate telecommunication links usage. KĀGAAY would not be liable for damages, viruses or other
code that may affect your computer system, resource, terminal, server, equipment, mobile or any other devices while using the KĀGAAY App and KĀGAAY does not warrant that the App will be compatible with all hardware
and software used by the Realtor/User. You must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using the App
- Location Based Services: With your location permission, our App/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location
to provide you location based Services. We won't follow you all the time, but can help you find offers and/or other information based on your profile/liking when you need one.
- Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will
- PARTIAL INVALIDITY:If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law then further steps will be considered/initiated:-
(i) such provision will be fully severable; (ii) these Terms will be construed and enforce KTPL as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining
provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid,
or unenforceable provision, a legal, valid, and enforceable provision to the extent possible will be added by KTPL.
- NOTICES:For purposes of service messages and notices about the services to Realtor/User, the KĀGAAY App may place a banner notice across its pages to alert the Realtor/User to certain changes such
as modifications to these Terms. Alternatively, notice may consist of an email from the KĀGAAY App to the User. The Realtor/User agrees that the App may communicate with him/them through the Realtors/Users account
or through other means including Email or MobileSMS. Realtors/Users are required to update their settings regularly to ensure that the KĀGAAY App’s service messages and notices are received by them.
directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the App’s service messages and notices.
- GRIEVANCE REPORTING:You may write your Grievances at the following email address: Email ID: firstname.lastname@example.org
- GOVERNING LAW:By accessing KĀGAAY you agree that the laws prevailing in India shall be the governing laws in all matters relating to KĀGAAY as well as these terms and conditions.
- JURISDICTION: Courts at Panvel, Navi Mumbai, in India alone shall have the exclusive jurisdiction in all matters relating to KĀGAAY and these terms and conditions, irrespective of the territory
and jurisdiction of your access to KĀGAAY. KTPL does not routinely monitor your postings to the web site but reserves the right to do so. However, if KTPL becomes aware of an inappropriate use of KĀGAAY or any
of its Services, KTPL will respond in any way that, in its sole discretion, KTPL deems appropriate. You acknowledge that KTPL will have the right to report to law enforcement authorities any actions that may
be considered illegal, as well as any information it receives of such illegal conduct. When requested, KTPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity
on the Internet. KTPL reserves all other rights.
- VIOLATIONS:Please report any violations of these terms and conditions to KTPL at email@example.com