Terms of Use

1. GENERAL

a) This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b) For the purpose of these Terms of Use ("Terms"), wherever the context so requires:

• i) The term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
• ii) The terms 'We', 'Us' & 'Our' shall mean the Website and/or the Company, as the context so requires.
• iii) The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
• iv) The domain name www.squareyards.com is also used for the mobile application, and these Terms & Conditions shall apply Mutatis Mutandis to the mobile application. Further, the meaning of Website includes the Mobile application.

c) The headings of each section in these Terms are only for the purpose of organizing 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.

d) The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy ("Policy"), available at the website, and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned policy, and the User expressly agrees to be bound by the same.

e) The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.

f) The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms.

2. The Services

We are professional real estate consultants offering a 360-degree service towards real estate investments. Below mentioned are the list of services:

• Property Identification: We provide assistance in property search through our technical research and analysis to match customer requirements.
• Transactional Support: The sales team helps during site visits, pricing, and inventory negotiation.
• Financial & Administrative Support: We have a dedicated team that aids the customer with mortgage & financial services, administrative & legal support.
• Product Portfolio: We cater to all kinds of properties, categorized as Residential (primary & resale), Commercial, Leasing, Land, Global projects, Affordable Housing, Investor Projects, Structured offerings, etc.
• Portfolio Structuring & Management: We help diversify our clients' real estate portfolios around the globe and are pioneers in bringing Global Properties with the best payout options to Indian investors.
• Service for Life: We assign a "Dedicated Relationship Manager" for customer assistance for life.

3. Eligibility

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule, or regulation currently in force.

4. 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 until:

• The User continues to access and use the Website; or
• The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.

Whichever is later. The Parties agree that certain portions of these Terms ("Sections"), such as Sections 12, 13, 14, 15, 16 & 17, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

5. Termination

The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.

6. Online Service Platform

The Website is an online service platform that provides advice and recommendations regarding real estate properties across the globe.

7. Communication

By using this Website and providing their contact information to the Company, the User agrees and consents to receive calls, autodialed and/or pre-recorded message calls, emails, and SMS notifications from the Company and/or any of its affiliates or partners at any time, subject to the Privacy Policy.

The User expressly agrees that notwithstanding anything contained herein above, he/she may be contacted by the Company or any of its affiliates/partners relating to any service availed of by the User on the Website or anything pursuant thereto. It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.

8. Charges

The use of this Website by the User, such as browsing the Website, is free of cost. The User is only required to pay for the services availed through the Website and/or mobile application. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered/rendered. In such an event, the User will be notified when he/she attempts to access the Website, and the User shall have the option to decline the services offered. Any such change, if made, shall take effect immediately upon notification to the User, unless specified otherwise.

9. Mode of Payment

The following payment options are available on the Website:

• Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, MasterCard, and Amex Card networks.
• Visa & MasterCard Debit cards.
• Net banking/Direct Debit payments from select banks in India (A list of available options will be made available at the time of 'checkout').

As prescribed by the financial institutions issuing the credit or debit cards affiliated with Visa / MasterCard / Amex, the User will be required to submit the following details while making an online transaction:

• 16-digit card number
• Card expiry date
• 3-digit CVV number (usually on the reverse of the card)

The User must also have enrolled his/her card with VBV (Verified by Visa) or MSC (MasterCard Secure Code) to complete the transaction. The User is hereby expressly made aware that his/her card statements will reflect a payment made in favor of the Company.

Third-party payment gateways will be used to facilitate any payment services on our website. To place a valid order on the Website, the User is required to complete the transaction, including making payment for the selected products/services. This may or may not be assisted with a phone call from a customer service representative.

By placing an order on the Website or via phone, the User expressly agrees to the terms and conditions and payment policy published in the appropriate section of the Website or affiliated websites where applicable.

After the User makes a request for the service, they will be asked for their contact information and payment-related details. Once the payment transaction is successfully completed, the order will be processed upon receipt of funds from the User's bank or credit card company. At this stage, the order is deemed successfully placed, and necessary steps will be taken to execute the order.

10. Security

Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored, or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway, which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks, institutions, and payment franchisees that it is associated with.

11. User Obligations

The User agrees and acknowledges that he/she is a restricted user of this Website and that he/she:

• Is bound not to cut, copy, distribute, modify, recreate, reverse engineer, disseminate, post, publish, create derivative works from, transfer, or sell any information or software obtained from the Website without prior express written permission from the Company.
• Agrees not to access (or attempt to access) the Website and/or its materials or services by any means other than through the provided interface. Unauthorized access methods such as deep-linking, robots, spiders, or any automated/manual processes to extract Website content may lead to termination and legal action.
• Understands that by using the Website, he/she may be exposed to content that may be offensive, indecent, or objectionable. The Company disclaims all liabilities arising from such content but may remove it at its discretion upon reporting.
• Where permitted to post or upload data, the User must ensure it is lawful and non-offensive. The Company may remove any objectionable content immediately and revoke User access if necessary.

User Restrictions:

• Must not abuse, harass, threaten, defame, or otherwise violate the legal rights of others.
• Must not interfere with Website operations, networks, or services.
• Must not impersonate another person or entity.
• Must not publish or distribute unlawful, harmful, defamatory, obscene, or offensive material.
• Must not post content that infringes copyrights, patents, or trademarks.
• Must not upload or distribute malware, viruses, or harmful programs.
• Must not download or share files that the User does not have legal rights to distribute.
• Must not attempt to breach Website security or access unauthorized data.
• Must not disrupt or interfere with Website security, resources, or linked systems.
• Must not collect or store data of other Website users.
• Must not use the Website for unlawful or prohibited activities.
• Must not violate any applicable laws, guidelines, or codes of conduct.
• May only possess one account unless permitted otherwise by the Company.
• Is responsible for all activities under their account and must maintain accurate and updated information.
• Is responsible for maintaining the confidentiality of their account credentials and must notify the Company of any unauthorized use.

12. Violation of User Obligation

a) If the Company believes that the User has violated any conditions mentioned in these Terms of Use, User Obligations, or the Privacy Policy, the Company reserves the right to suspend User access to the Website and/or delete the User account without prior notice. However, the User may contact the Company’s support team for assistance with restoring access.

b) If the Company detects suspicious or unusual activity in the User's account, it may take the following actions:

• Request an immediate refund to the Company of any scheme benefits previously provided to the User.
• Request an immediate refund of an amount equivalent to any unwarranted charges paid by the Company to payment gateways or banks due to fraudulent transactions.
• Charge a penalty of 3% of the transacted amount. The Company reserves the right to increase this penalty based on the severity of the violation, fraud, or misuse.
• Temporarily or permanently suspend User access to the Website/Application Services.

13. Suspension of User Access and Activity

In addition to other legal remedies, the Company may, at its sole discretion, limit the User's access and/or activity by immediately removing the User’s access credentials, either temporarily or indefinitely, or suspend/terminate the User's membership without prior notice if:

• The User is in breach of any of these Terms or the Privacy Policy.
• The User has provided incorrect, inaccurate, incomplete, or misleading information.
• The User's actions may cause harm, damage, or loss to other users or the Website/Company, as determined solely by the Company.

14. Indemnity and Limitations

a) The User hereby expressly agrees to defend, indemnify, and hold harmless the Website and the Company, its employees, directors, officers, agents, and their successors and assigns against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions. This includes but is not limited to any warranties, representations, undertakings, or non-fulfillment of obligations under this Agreement, infringement of intellectual property rights, violation of applicable laws, defamation, privacy violations, or infringement of third-party rights.

b) In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data, or profits, regardless of foreseeability, prior warning, or liability theory (e.g., breach of contract, negligence, or tort).

c) The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. If any new statute, rule, or regulation imposes liability on the Company/Website, these Terms and the Policy shall stand terminated one (1) day before the enforcement of such law. The contents of this section shall survive even after the termination or expiry of the Terms and/or Policy.

15. Intellectual Property Rights

a) Unless expressly agreed in writing, nothing herein grants the User the right to use the Website’s trade names, trademarks, service marks, logos, domain names, information, reports, or other distinctive brand features. All such intellectual property, including Website-created designs and graphics, remains the exclusive property of the Company.

b) The User may not use any intellectual property displayed on the Website in a manner that may cause confusion among existing or potential users or that disparages or discredits the Company/Website, as determined at the sole discretion of the Company.

c) The User acknowledges that the products displayed on the Website are the artistic creations of their respective owners. All intellectual property rights, including copyrights, reside with the respective owners. At no point does ownership of any intellectual property transfer to the Website/Company or the User. The Company merely provides a platform for the sale of these products.

d) The User further acknowledges that any reproduction or infringement of the intellectual property of product owners may result in legal action against the User by the respective rights holders. The contents of this section shall survive even after the termination or expiry of the Terms and/or Policy.

16. Disclaimer of Warranties and Liabilities

a) Except as otherwise expressly stated on the Website, all products/services offered on the Website are provided on an "as is" basis without any warranty whatsoever, either express or implied.

b) The Company makes no representations, express or implied, including without limitation implied warranties of merchantability and fitness of a product for a particular purpose.

c) The User agrees and undertakes that he/she is accessing the Website and transacting at his/her sole risk and that he/she is using his/her best and prudent judgment before purchasing any product/service listed on the Website, or accessing/using any information displayed thereon.

d) The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.

e) The Company does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User's use of the Website.

f) It is further agreed by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.

17. 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.

18. 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 herefrom 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 Delhi, 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 Delhi shall have exclusive jurisdiction over any disputes arising between the Parties.

18. 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 and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).

19. Miscellaneous Provisions

a) Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersede all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.

b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c) Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions, and commercial expectations of the Parties hereto, as expressed herein.