Welcome to Griha Pravesh Developer! Please read these terms of use (“Terms of Use”) to learn about the terms and conditions that govern your usage of the mobile application named Griha Pravesh Developer (“App”) and all the services available for use via the App (collectively, “Services”). The App will be known as the “Platform”. The Platform is owned and operated by Griha Pravesh Developer, a company incorporated under the Companies Act, located at Plot No:496, Sector:43,Golf Course Road Gurgaon – 122002. (“Griha Pravesh Developer”, “us”, “we”, “our”).

These Terms of Use are a binding contract between Griha Pravesh Developer and users of the Platform, (“user”, “you”, “your”, “yours”). If you do not agree to all the terms and conditions contained hereinafter in these Terms of Use, please do not access or use the Platform or Services. By completing the registration process on the Platform, accessing the Services, or otherwise using any material from the Platform, you expressly acknowledge that you have read, understand and agree to be bound by the terms and conditions contained in these Terms of Use.

Since these Terms of Use constitute a legal contract between You and Griha Pravesh Developer, it is imperative that you review these Terms of Use carefully and in their entirety. These Terms of Use are not intended in any way to alter or limit the terms and conditions of any other contractual arrangement you may have with Griha Pravesh Developer, including without limitation the Privacy Policy, which is expressly incorporated within these Terms of Use. If you are using the Platform on behalf of an individual or entity other than yourself, you represent that you are authorised by such individual or entity to accept the terms contained in these Terms of Use on behalf of such individual or entity.

Griha Pravesh Developer reserves the right, in its sole and absolute discretion, to modify, change, replace or discontinue any of the terms contained in these Terms of Use at any point of time, including payments and commission. If Griha Pravesh Developer modifies, changes, replaces or discontinues any of the terms in these Terms of Use, we shall give you prior notice of the same by placing a notice on the Platform, by sending you an email, via widget on the App, through sms or by other available means. You agree to periodically review the current version of these Terms of Use as posted on the Platform. Further, you understand that your continued use of the Platform and Services after being intimated of such modification, change or replacement constitutes your express consent to such modification or change. If you don't agree with such modified Terms of Use, you are free to reject them. However, you shall no longer be able to use the Services in such an event.

Please note that in case you avail free trial of any Services on the Platform (if available), these Terms of Use shall govern that free trial in the same manner.

Services (and any features within the Services) may vary for different regions. Griha Pravesh Developer makes no representation that a particular part, feature or function within the Services will be available to all users or available in all jurisdictions. Griha Pravesh Developer may, at its sole discretion limit, deny or create different levels of access to and use of any Services (or any features within the Services) with respect to different users.

If you have installed our App on your device, you agree that Griha Pravesh Developer may automatically install and update any bug fixes, enhanced functions, new modules or completely new versions of the App directly on your device without your prior permission. Any and all such changes or modifications shall be compliant with provisions of applicable law and the provisions of our Privacy Policy.

If you have any questions or concerns pertaining to these Terms of Use, please feel free to contact us at Care@GrihaPraveshDeveloper.com.

Account and Registration

If you wish to avail any of our Services, you will need to register with the Platform and select a user ID (“User ID”) and password as a precondition to using any of the Services. You cannot avail our Services without registration on the Platform. While registering with us, you will be redirected to a registration page wherein you will be required to provide certain information. [This information includes but not limited to your name, email address, mobile number, telephone number, company name, company address and the nature of legal assistance you wish to obtain.]

Upon completing our registration process successfully, you will receive a confirmation email on your registered email account. You understand that your registration is subject to verification of your bona fides at our back end. Griha Pravesh Developer reserves the right to reject your registration with us without assigning any reason whatsoever.

By creating an account with us, you agree that Griha Pravesh Developer, and our designees and registered professionals, may contact you by any available means, including, but not limited to, by email, telephone, text messages, push notifications or messages within the Services.

You shall provide Griha Pravesh Developer with complete, accurate and updated information pertaining to your User ID. You acknowledge that failure to do so on your part may constitute breach of these Terms of Use, which may result in immediate termination of the relevant User ID. Specifically, please note that Griha Pravesh Developer takes strict exception to any attempts made by you to impersonate another person or entity or to provide us with information that is false or does not belong to you. Any such attempts, when detected shall result in immediate termination of the relevant User ID. Upon termination under this clause, Griha Pravesh Developer shall have no further obligations to you under these Terms of Use.

In addition to the information provided by you at the time of registration, we may require additional information or clarifications from you in order to optimally provide you with the Services. You agree to provide any such information that may be reasonably required by us.

You acknowledge that you are solely responsible for all activity that occurs on your User ID and that you shall be responsible for maintaining the confidentiality of your User ID and password. Griha Pravesh Developer assumes no responsibility for any liabilities, losses or damages arising out of the unauthorised use of your User ID. In case of any unauthorised use of your User ID or any other breaches pertaining to your User ID of which you may become aware, you shall immediately notify Griha Pravesh Developer by sending an email care@GrihaPraveshDeveloper.com.

You authorise Griha Pravesh Developer to use any information associated with your User ID, as may be required from time to time, in connection with fulfilling its continuing obligations. Any such information shall be utilised by Griha Pravesh Developer strictly in compliance with our Privacy Policy.

PREAMBLE

WHEREAS, GRIHA PRAVESH DEVELOPER is a firm incorporated under the Law which has entered into an arrangement/agreement with financial institutions to provide Real Estate facilities;

WHEREAS, The GRIHA PRAVESH DEVELOPER is engaged in providing services to various individuals, entities, and organizations in the ordinary course of its business and invites vendors/suppliers to help GRIHA PRAVESH DEVELOPER reach consumers with quick and prompt Real Estate facilities.

WHEREAS, The Vendor/consultant has represented and warranted to GRIHA PRAVESH DEVELOPER that it has considerable knowledge, expertise, infrastructure, resources, and capability to provide the Services and refer leads to GRIHA PRAVESH DEVELOPER for granting Real Estate facilities;

WHEREAS, In view of the aforesaid offer and on the faith and strength of the aforesaid representations and warranties, the company, GRIHA PRAVESH DEVELOPER, has agreed to appoint the vendor/consultant for providing the Services upon and subject to the terms and conditions hereinafter contained;

WHEREAS, under this arrangement, the vendor/consultant will be required to generate and provide leads for property requirements to GRIHA PRAVESH DEVELOPER. This arrangement is entered into on a principal-to-principal basis for a period of  years from the date of issuance of this letter;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

DEFINITIONS

In this Agreement, except where the context or subject matter is inconsistent therewith, the following terms shall have the following meanings:

1.1. ”Affiliates” mean any bodies incorporated which are controlled by, control, or under common control with the Company, whether by virtue of owning, including as a beneficiary, the majority of voting capital or by having the right to appoint a majority on the board of directors or other management organ, or both.

1.2. ”App” or “Application” or “Mobile Application” shall denote the Application which can be accessed through a handheld device including a Mobile Phone;

1.3. ”Agreement” or “This Agreement” shall denote this Agreement (as amended or modified from time to time and published through the medium of the “website”.

1.4. ”Applicable laws” means all existing laws, rules, and regulations; and applicable Rera Guidelines include those modified or amended from time to time.

1.5. ”Builder” in relation to the fund transfer mechanism shall mean the Bank which maintains a Company Account.

1.6. ”Borrower/s” denotes an individual who enlists himself/herself for borrowing with GRIHA PRAVESH DEVELOPER or those who borrow or avail GRIHA PRAVESH DEVELOPER services in any manner.

1.7. ”Company Account” means an account maintained with the Bank, for the purpose of fund transfers/fund transfer mechanism, operated by the trustee.

1.8. ”GRIHA PRAVESH DEVELOPER’s services” or “Website Services” providing services of Property facilitation via an online medium i.e., www.GRIHAPRAVESHDEVELOPER.com

1.9. ”IPR or Intellectual Property” shall mean and include all GRIHA PRAVESH DEVELOPER’s materials, including, but not limited to, software, programs, source code, and object code, comments to the source or object code, specifications, documents, abstracts, and summaries related to GRIHA PRAVESH DEVELOPER and/or GRIHA PRAVESH DEVELOPER website/App (“Products”)

1.10. ”Investor/s” or “Lender/s” denotes those who are willing to invest or lend money to the Borrower listed with GRIHA PRAVESH DEVELOPER, which may be any Bank, any NBFC, any person including an individual, a body of individuals, a HUF, a firm, a society, or any artificial body, whether incorporated or not. The term Lender or Investor, wherever used in this term, carries the same meaning.

1.11. "Leads" mean Customers who are interested in a Property and to whom Real Estate the Property product when the case is presented by GRIHA PRAVESH DEVELOPER.

1.12. ”Lending Platform” means an intermediary providing the services of Real Estate facilitation via an online medium or otherwise, to the Borrowers/Investors/Lenders.

1.13. ”Privacy Policy” means the privacy-related policy of the website which can be accessed through the link i.e., Privacy Policy

1.14. ”Rera” shall denote the Real Estate Regulatory Authority

1.15. ”Transaction Information” means information that is contained in text messages (that is, SMS) sent by providers of services and/or products (including but not limited to financial institutions, mobile carriers, and utility companies) to your mobile telephone number(s) in connection with one or more transactions across multiple financial accounts (including purchase, payments, billing information, and service notifications related thereto). Without limitation, Transaction Information includes:

1.15.1. Your mobile phone number

1.15.2. Your email address

1.15.3. Partial payment card data only to the extent such card data is disclosed in the said messages.

1.15.4. Information related to the transaction in question, including the identity of the service or product and the price or fee paid or payable in respect thereof.

1.16. "Trustee" shall mean an organization/entity authorized to operate the escrow account and perform such functions as provided in the Fund Transfer Mechanism.

1.17. "User" denotes a person, entity, individual, HUF, Firm, a society, or any artificial body that avails of the GRIHA PRAVESH DEVELOPER services in any manner.

1.18. "Visitor" shall mean a person, entity, individual, HUF, Firm, a society, or any artificial body that avails of the GRIHA PRAVESH DEVELOPER services in any manner, without registering himself/herself/itself.

1.19. "Vendor/supplier" shall mean a person, entity, individual, HUF, Firm, a society, or any artificial body that refers leads to the GRIHA PRAVESH DEVELOPER on the online platform and assists in the submission of documents in lieu of referral fees.

1.20. "Website" shall denote www.GRIHAPRAVESHDEVELOPER.com.

RELATIONSHIP OF THE PARTIES - INDEPENDENT PARTNERS

The Parties agree that they shall be considered independent partners and not agents or employees of the other Party. Neither Party shall have the authority to make any statements, representations, or commitments of any kind, nor to take any action that shall be binding on the other Party, except as may be expressly provided herein or authorized in writing.

OBLIGATIONS OF THE SERVICE PROVIDER

3.1. You or any of your agents, employees, and dealers shall not display the logo of GRIHA PRAVESH DEVELOPER on his/her visiting card or any other stationary except with the prior written consent of GRIHA PRAVESH DEVELOPER.

3.2. Nothing herein shall entitle you or any of your agents, employees, and dealers to make any representations or warranties on behalf of GRIHA PRAVESH DEVELOPER or enter into contracts or arrangements on behalf of GRIHA PRAVESH DEVELOPER or pledge the credit of GRIHA PRAVESH DEVELOPER.

DUTIES AND OBLIGATIONS OF THE COMPANY

The company shall be obligated to pay the referral Payment to the Builer upon the successful completion of the Property process.

CONFIDENTIALITY

5.1. You undertake to keep all the Terms and Conditions hereof, as well as all GRIHA PRAVESH DEVELOPER's information provided to you, not limited to financial details, strictly confidential and shall not, without the prior written consent of GRIHA PRAVESH DEVELOPER, divulge or disclose any of such terms to any third party. This Clause shall survive the termination of this Agreement.

5.2. Disclose or communicate to any party any information relating to the Company’s business or the Product, including (but not limited to) customer lists, price points, or marketing plans (the “Confidential Information”).

5.3. Duplicate any Confidential information.

5.4. Use any Confidential Information other than solely for the benefit of the Company.

5.5. Assist a third party in using any Confidential Information in any manner but solely for the benefit of the Company.

5.6. All disclosures of Confidential Information by one Party to the other are made solely on a confidential basis and as trade secrets. Accordingly, each Party shall maintain the confidentiality of all Confidential Information during the Initial Term and any Renewal Term and at all times thereafter, irrespective of the manner or method in which it is terminated.

MATERIALS AND/OR SUPPLIES

Unless otherwise expressly specified in this Agreement, the Company shall supply, at the vendor’s sole expense, all materials, supplies, and other resources necessary to perform the Services.

APPROVAL OF MARKETING MATERIAL

The Vendor/supplier shall receive written confirmation from the Company in using any marketing materials related to the Product/services that were not directly provided by the Company.

REPRESENTATIONS AND WARRANTIES

Each party hereby represents and warrants that:

8.1. Each party has all required capacity and corporate authorization to enter into this Agreement and be bound by the obligations provided hereunder.

8.2. The execution of this Agreement by the Company and the performance of its obligations hereunder will not constitute a violation or breach of any obligation of any agreement between the Company and any third party or a violation of the Company’s legal obligations.

8.3. The Vendor holds sufficient rights to use all materials, supplies, or resources used in the performance of the Services under this Agreement, free and clear of any encumbrances.

GIFTS OR BRIBES

Service Providers must not accept gifts from prospects or bribes of any kind. Any Service Provider offered a bribe or payment of any kind by a customer must report the offer to his/her management.

REFERRAL FEES

GRIHA PRAVESH DEVELOPER shall pay to you a Referral/commission on all cases referred by you that get Buy Property through one of our FI tie-ups, based on the payout structure defined under the “My Profile” after bba,30% payment done by client. The said fee will be payable monthly provided a monthly invoice is submitted to GRIHA PRAVESH DEVELOPER in the format provided by GRIHA PRAVESH DEVELOPER. GRIHA PRAVESH DEVELOPER reserves the right to change the payout structure at any time without intimation to the Referral partner.

RIGHT TO ADJUST AND WITHHOLD

GRIHA PRAVESH DEVELOPER will be entitled to make adjustments, set off, or withhold any amount due to you under this arrangement against any money which becomes due or may become due to GRIHA PRAVESH DEVELOPER from you, whether by way of damages, loss suffered, or costs, expenses incurred or any amount paid by GRIHA PRAVESH DEVELOPER to any third party or any statutory authorities which are your liability. It is mutually agreed between the Parties that such adjustment, set off, or withholding of amount by GRIHA PRAVESH DEVELOPER, you shall not raise any objection.

INDEMNIFICATION

You undertake to indemnify and keep GRIHA PRAVESH DEVELOPER and its officers/employees indemnified and harmless from and against any actions, suits, claims, proceedings, damages, liabilities, losses, expenses, or costs (hereinafter referred to as "Claims") suffered by it on account of any breach of warranty, representations, non-compliance of any applicable law, unauthorized act, fraud, deed or thing done or omitted to be done or undertaking made by you, its employees, officers, agents during the performance of this arrangement.

JURISDICTION

Any dispute arising under this arrangement between the parties will be subject to the courts of [[Place of jurisdiction]].

FORCE MAJEURE

9.1. No party shall be liable for any failure to perform its obligations under these Terms if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

9.2. For purposes of these Terms, a “Force Majeure Event” is an event that is a circumstance or event beyond the reasonable control of a party which affects the general public in that party’s country or in the territory, and which results in the party being unable to observe or perform on time an obligation under these Terms. Such circumstance or event shall include industrial action or labor disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, lockdown relating to any pandemic or COVID-19, and general failure of public transport.

NOTICE

10.1. Any notice provided for or permitted in this Agreement shall be in writing and will be deemed to have been given [[Minimum number of Days after Mail: Number]] days after having been mailed, postage pre-paid, by certified or registered mail or by recognized overnight delivery services, except in the case of a postal or other strike affecting the service used, whereupon notice will be deemed to have been given [[Minimum number of Days for Service of Notice: Number]] days after normal service resumes.

10.2. Where personal service is made or where delivery is made by facsimile and a receipt thereof has been retained, any notice provided for or permitted in this Agreement will be deemed to have been given when received by the intended recipient. The intended recipient must be an individual whose personal name appears on the address set out in the notice.

10.3. Addressing and delivery are to be made as follows:

10.3.1. If to: Company

GRIHA PRAVESH DEVELOPER , Plot No:496, Sector:43,Golf Course Road, Gurgaon - 122002

10.3.2. If to: Agent

Address provided in my profile section of your app would be considered.

10.4. The parties may communicate other addresses where notice must be sent from time to time. Such communication shall be in writing and shall have the effect of replacing the address. No change of address effected under this section shall in any way affect the operation of any term, other than the delivery address, in this Agreement.

Taking Consent from the Referral Customer:

As a user of our platform, it is crucial that you obtain the explicit consent of the customers you are referring to on the platform before entering or filling in any of their personal or sensitive data into our system. This includes, but is not limited to:

A. Personal information (name, address, phone number, email, etc.)

B. Financial information (income, bank details, credit scores, etc.)

C. Health information (medical history, insurance details, etc.)

D. Any other data that may be considered private or sensitive.

By obtaining consent, you ensure that:

The customer is aware that their data is being collected and stored on our platform.

The customer understands the purpose for which their data is being collected.

The customer has granted you permission to use their data for the specified purpose.

To obtain consent, you should clearly explain to the customer what data you will be collecting and why you are doing it.

TERM

11.1. This Agreement will come into force on the date of your account creation and will expire on the deletion of your account.

TERMINATION

GRIHA PRAVESH DEVELOPER is entitled to terminate this arrangement by providing 7 days’ notice, without assigning any reasons, and delete your account from its servers to end this agreement relationship.

EFFECT OF TERMINATION

Upon termination of the agreement, the following shall occur:

12.1. The Vendor/Supplier shall direct all further inquiries regarding the Real Estate back to the Company.

12.2. The vendor/supplier shall return or destroy any physical or digital copies of the Company’s proprietary information in its possession, including (but not limited to) marketing material, business plans, customer lists, and pricing information.

DISPUTES AND RESOLUTIONS - ARBITRATION:

13.1. In the event of any dispute, difference, or controversy arising between the Company/Owner and the vendor/supplier in the performance, interpretation, implementation, or application of this agreement, the parties will first attempt to resolve their differences mutually. Failing mutual settlement dispute, difference, or controversy arising, either Party may request that such disputes be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (“the Act of 1996”) and the rules made thereunder, as amended from time to time.

13.2. The Seat of Arbitration will be in [[Place]] and all Arbitration proceedings will be conducted in [[Place]].

GENERAL PROVISIONS

14.1. Entire Agreement & Amendments

This Agreement constitutes the entire agreement and understanding between the parties relating to the subject matter hereof, superseding all other agreements, oral or written, made between the parties with respect to such subject matter. Except as provided herein, this Agreement may not be amended or modified in any way except by a written instrument signed by both Parties.

14.2. Assignment

Neither Party shall assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent may be withheld at the other Party’s discretion.

14.3. Incorporated by Reference

The Preamble and all Attachments, Schedules, and Exhibits attached hereto are hereby incorporated by reference and made a part of this Agreement.

14.4. Applicable law

This Agreement shall be governed by and interpreted in accordance with the laws of India, without reference to its conflict of law provisions, and the laws of India applicable therein. All disputes arising under this Agreement will be referred to the courts situated in India which will have jurisdiction, and each Party hereto irrevocably submits to the jurisdiction of such courts.

14.5. Currency

All references to monetary amounts in this Agreement shall be to Indian currency.

14.6. Non-solicitation

Unless given prior written consent by the parties, each Party agrees that it will not, during the Initial Term, knowingly solicit or hire any employee of the other Party who is directly involved in providing the Services herein.

14.7. Absence of presumption

No presumption shall operate in favor of or against any Party here to as a result of any responsibility that any Party may have had for drafting this Agreement.

14.8. Language clause

Both parties specifically require that this Agreement and any notices, consents, authorizations, communications, and approvals be drawn up in the English language.

14.9. Interpretation

The headings and section numbers appearing in this Agreement or any Schedule attached hereto are inserted for convenience of reference only and shall not in any way affect the construction or interpretation of this Agreement.

14.10. Severability

If for any reason whatsoever, any term or condition of this Agreement or the application thereof to any Party or circumstance is, to any extent, invalid or unenforceable, all other terms and conditions of this Agreement and/or the application of such terms and conditions to the parties or circumstances shall not be affected thereby and shall be separately valid and enforceable to the fullest extent permitted by law.

14.11. Waiver

No waiver by either Party of any obligation, restriction, or remedy under this Agreement shall be valid unless by specific written instrument. No acceptance by a Party of any payment by another Party and no failure, refusal, or neglect of any Party to exercise any right under this Agreement or to insist upon full compliance by the other Party with its obligations hereunder shall constitute a waiver of any other provision of this Agreement or any further or subsequent non-compliance with the same or any other provision.

14.12. Further Assurances

Each of the parties hereto hereby covenants and agrees to execute and deliver such further and other agreements, assurances, undertakings, acknowledgments, or documents, and other acts and things as may be necessary or desirable to give full effect to this Agreement and every part hereof.

14.13. Binding Nature

This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective (as applicable) successors and assigns.

14.14. Counterparts

This Agreement may be signed in counterparts, and by use of facsimile signatures, each of which when signed and delivered shall be deemed to be an original, but all such counterparts shall together constitute one and the same instrument.

15.15. Merger Clause:

A merger or integration clause states that the current written contract overrides any previous oral or written agreements.

14.16. Non-Waiver Clause:

These protect parties who excuse the other party for non-performance of contract terms. For example, suppose one party only makes payments every other month when the contract requires monthly payments. If the non-breaching party accepts the payments but doesn't file a lawsuit, the non-waiver clause allows them to recover the missing payments. In other words, the party doesn't "waive" their full contract rights by accepting non-complying action from the other party.

14.17. Liquidated Damages Clause:

Allows the non-breaching party to recover damages in the event that actual damages are difficult to calculate. However, the amount of liquidated damages needs to be reasonable in light of the circumstances.

14.18. Legal Fees Clause:

These state that the losing party shall reimburse the other party for attorney's fees (and sometimes other court fees and costs).