Terms & Conditions

1.DEFINITIONS

Unless otherwise specified, the capitalized terms shall have the meanings set out below:

Account means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by Bhadragriham.

Agreement means and includes the Terms and Conditions, Privacy Policy and any other such terms and conditions that may be mutually agreed upon between Bhadragriham and the User in relation to the Services.

Broker means and includes all brokers, channel partners, sales agencies and other third parties who/ which negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease or such other form of transfer in relation to a plot, apartment or building, as the case may be, including marketing and promotion of such plot, apartment or building, for remuneration or fees or any other charges for his services whether as commission or otherwise and includes a person who introduces, through any medium, prospective parties to each other for negotiations and includes property dealers, brokers, middlemen by whatever name called and real estate agent as defined under the Real Estate (Regulation and Development) Act, 2016.

Computer Virus means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.

Confidential Information means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of Bhadragriham and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to Bhadragriham in confidence.

Content means and includes any information all data and information on the Site.

Government Authority means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.

Bhadragriham means and includes, Bhadra Engineers and Developers (OPC) Private Limited a company incorporated under the Companies Act, 2013 having its registered office at Thrissur, Kerala, India.

Privacy Policy means and includes the privacy policy of Bhadragriham more particularly described in Section II.

Prohibited Conduct means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of Bhadragriham’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.

Registration Data means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by Bhadragriham and supplied by the User on initial application and subscription.

Services means and includes the services provided by Bhadragriham within the territory of India to the User of the Site and shall include the provision of (a) connecting tenants and owners to find each other without paying any brokerage, (b) services to the Users who wish to post their listings for the purposes of renting their property, (c) services to the Users who wish to secure/buy a property through the Site, (d) services to those who wish to purchase advertisement space of their products or services on the Site, (e) services to the Users who wish to receive advertisements and promotional messages through e-mails (f) connecting the Users to various Third Party Service Providers for the provision of other related services.

Site means and includes the website owned, operated and managed by Bhadra Engineers and Developers (OPC) Private Limited at the URL https://bhadragriham.in

Terms and Conditions means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.

Third Party Service Provider means and includes any service provider with whom Bhadragriham has an agreement for the purposes of making services in addition to the Services available for the User.

User means any person who accesses the Site or avails Services on the Site for the purposes of hosting, publishing, sharing, transacting, displaying or uploading information or views and whether as a tenant or as an owner looking for potential tenants includes other persons jointly participating in using the Site.

User Information means and includes Registration Data, Personal Information and any other data, details or information in relation to the User, provided by the User to Bhadragriham in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and Bhadragriham.

2. INTERPRETATION

Unless the context otherwise requires or a contrary indication appears:

(a) Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.

(b) Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include his legal representatives, administrators, executors and heirs and in case of a trust shall include the trustee or the trustees for the time being.

(c) Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.

(d) The singular includes the plural and vice versa and words importing a particular gender include all genders.

(e) The words ‘other’ or ‘otherwise’ and ‘whatsoever’ will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

i. Bhadragriham agrees to provide to the User and the User agrees to avail from Bhadragriham the Services in accordance with and on the basis of this Agreement and the User’s acceptance of the Terms and Conditions and Privacy Policy constitute the Agreement between the User and Bhadragriham and such Agreement shall deem to replace all previous arrangements between the User and Bhadragriham in relation to the Services and access of the Site.

ii. The User undertakes to be bound by the Agreement each time the User accesses the Site, completes the registration process

iii. The User represents and warrants to Bhadragriham that the User is 18 (eighteen) years of age or above, and is capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Site or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/ legal guardian. Bhadragriham shall not be responsible for verifying if the User is atleast 18 (eighteen) years of age.

4. ACCESS TO THE SITE

i. First time Users can access the Site for preliminary browsing without creating an Account.

ii. The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.

iii. Bhadragriham shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and Bhadragriham reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.

iv. The User undertakes to cooperate with any of Bhadragriham’s personnel in connecting with the User’s access to the Site, as may be required by Bhadragriham.

5. USER INFORMATION

i. Bhadragriham shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and Intellectual Property Rights of and/or in relation to the User Information.

ii. Bhadragriham shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.

iii. Bhadragriham reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at on its sole discretion.

iv. Bhadragriham shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwise.

6. RIGHTS OF BHADRAGRIHAM

i. Bhadragriham, at all times, reserves the right, to reject or disable an Account in the event of the User’s violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited for any other reason in relation to the safe and secure operation of the Site.

ii. Subject to Applicable Law, Bhadragriham has an internal infrastructure in order to conduct a background check and verification of the User Information and the Account in order to ensure that the Brokers are not registering themselves on the Site. In the event, a User is detected as a Broker, Bhadragriham has the right to reject or disable such Account without cause.

iii. Bhadragriham has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User’s access to the Site, at any time, without any prior notice to the User.

iv. Bhadragriham shall endeavor to provide the User an advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, up gradation, testing or any other reason as Bhadragriham may deem fit. Bhadragriham shall use its best efforts to rectify any disruption of or rectify an error on the Site and restore regular operations of the Site.

v. Bhadragriham has the right to issue notifications, confirmations and other communications to the User, on the Site, through e-mail, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. Bhadragriham may also send users occasional e-mail bulletins unless the Users have opted not to receive these e-mails. These e-mails may also contain neighborhood information, tips and suggestions or any other offer provided by third party. Bhadragriham does not take any responsibility of the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to info@bhadragriham.in

7. UNAUTHORIZED ACCESS

i. The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.

ii. Subject to Applicable Law, the User is responsible for notifying Bhadragriham immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of Bhadragriham.

iii. Bhadragriham shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, Bhadragriham shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing Bhadragriham about such unauthorized access.

iv. In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.

8. USE OF INFORMATION

i. Bhadragriham undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made thereunder and other relevant Applicable Laws.

ii. The User hereby irrevocably and unequivocally authorizes Bhadragriham to utilize User Information for the purposes including those set out below:

(a) Provision of Services in accordance with the Agreement;

(b) Disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services;

(c) contacting a Third Party Service Provider and/ or facilitating/ enabling the services of a Third Party Service Provider for the User pursuant to the arrangement between Bhadragriham and such Third Party Service Provider;

(d) Conducting internal studies, consumer research, surveys and preparing reports in connection with the Services;

(e) Entering the registration data for an Account or receiving alerts, contacting a property seller/ buyer; and

(f) Sending alerts, contact details, promotional messages and promotional calls whether by Bhadragriham itself or through its partners/ vendors and sub-partners/ sub-vendors.

(g) Disclosing to third parties (including law enforcement agencies and the User’s building management personnel) personally identifiable information where Bhadragriham has reasonable cause to believe that the Users are guilty of any Prohibited Conduct.

iii. Third party services

(a) Subject to the need and request of the User, Bhadragriham shall engage, directly or indirectly, the services of Third-Party Service Providers from time to time in order to provide the Services to the Users, in accordance with the terms and conditions separately agreed to between Bhadragriham and such Third-Party Service Provider.

(b) Bhadragriham may recommend services of a Third-Party Service Provider to the User to provide a one stop shop experience in relation to ancillary services, including but not limited to packaging and moving furniture facilities to the User.

(c) Bhadragriham shall have the unequivocal consent of the User to share User Information, in whole or in part, with the Third-Party Service Provider, without intimation to the User.

(d) The Site may serve as a platform for relevant and interested Third Party Service Providers for the purposes of advertising or promoting their services in relation to the Services provided by Bhadragriham

(e) Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of Bhadragriham or any Third-Party Service Provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.

9. BHADRAGRIHAM PLATFORM

The Users agree and acknowledge that Bhadragriham is only an online platform that allows the Users to interact with each other for the purpose of listing their property on the Site and/or searching for appropriate options. The Users further understand and accept that:

i. The Users are ultimately responsible for choosing and/or interacting with other Users on the Site and Bhadragriham is only a facilitator that shall not be held responsible or liable for the selection and/or interaction of the Users with other Users on the Site.

ii. Bhadragriham may provide the Users the profile previews of other Users who may be suitable to tender to the requirements of the Users based on information that the Users provide to Bhadragriham. Please note that Bhadragriham (i) does not recommend or endorse any other User i.e. it does not endorse any house owners and tenants registered on the Site; and (ii) does not make any representations or warranties with respect to the other Users or the property listed by them. Bhadragriham shall not be liable, for any reason whatsoever, for any disputes amongst the Users and there is no liability on Bhadragriham for the consequences that the Users may be subjected to while dealing with other Users on the Site.

iii. Information regarding all the Users and/or any third party whose services the Users avail through the Site as displayed on the Site is intended for general reference purposes only. Such information is mainly self-reported by the Users and/or the third party and may change from time to time or become out of date or inaccurate. The Users are encouraged to independently verify any such information the Users see on the Site with respect to the other Users or the property listed by them.

iv. The Users understand and agree that any interactions and associated issues with the other Users and/or the third parties with whom the Users interact through the Site or the third party whose services the Users avail through the Site including but not limited to any service-related issues, any Prohibited Conduct issue, any fraudulent activity is strictly amongst the Users and/or the third party and the User shall not hold Bhadragriham responsible for any such interactions and associated issues. If the Users decide to engage with other Users, the Users do so at their own risk.

v. Bhadragriham cannot assure that all the transactions will be completed nor does Bhadragriham guarantee the ability or intent of the Users to fulfil their obligations under any transaction. Bhadragriham advises the Users to perform their own investigation prior to selecting and/or interacting with the other Users on the Site.

10. CONTENT ON THE SITE

Bhadragriham shall endeavor to ensure that the Content on its Site is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the Site or otherwise in connection with the Service:

(i) Attempt or help anyone else attempt to gain unauthorized access to the Site or Bhadragriham’s related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the Site);

(ii) Use the Site to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or on the User’s Profile);

(iii) Send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws;

(iv) Send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

(v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(vi) Interfere with or disrupt the integrity or performance of the Service or the data contained therein;

(vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way;

(viii) Modify or make derivative works based upon the Service or the Content of Bhadragriham;

(ix) Create internet "links" to the Site or "frame" or "mirror" any Content on any other server or wireless or internet-based device; or

(x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.

11. USER GENERATED CONTENT

The Site may contain user generated content (“UGC”) which Bhadragriham does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent Bhadragriham reviews, opinions, beliefs, morals or values. Bhadragriham does not claim any ownership rights in the text, files, and images including photos, videos, sounds, musical works or any UGC that the Users submit or publish on the Site. After posting any UGC on the Site, the Users continue to own the rights that the Users may have in that UGC, subject to the limited license set out here. Bhadragriham shall do its best to monitor, edit or remove such UGC where Bhadragriham considers it appropriate or necessary to do so. Bhadragriham does not promise that the content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties.

The Users hereby expressly acknowledge and agree that Bhadragriham will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any UGC.

12. INTELLECTUAL PROPERTY

i. Bhadragriham respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Site and the Users may not use the Site to transmit or reproduce someone else's Intellectual Property.

ii. The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of Bhadragriham’s Intellectual Property Rights:

(a) Misrepresentation of User Information or Content as their own property;

(b) Using the Content directly or indirectly, publicly or privately for charging brokerage from the Users;

(d) Using the Content to display Broker like behavior.

iii. The User shall not upload post or otherwise make available on the Site, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.

iv. Bhadragriham reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.

v. The User further accepts and agrees that Bhadragriham shall have Intellectual Property Rights on all information and data provided or shared by the User on the Site.

13. OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS

i. Bhadragriham does not warrant in any manner whatsoever that the Site or any other software utilized by Bhadragriham for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with Bhadragriham.

ii. Bhadragriham shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry.

iii. Bhadragriham shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Computer Virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.

14. DISCLAIMER

(a) The information and opinions available on the Site in relation to the Services are mere guidelines for the purposes of providing general information on the subject and the exchange of property and any other information through or on the Site is not an offer and/or recommendation from/ by Bhadragriham.

(b) The Content should not be regarded as legal, financial or real estate advice for the User. Bhadragriham advises the User to make independent enquiries and obtain professional advice before making legal, financial or real estate decisions. The measurements, prices and locations provided on the Site are approximate and no responsibility is taken by Bhadragriham for any error, omission or misunderstanding in construing those particulars.

(c) The Services are chosen and used at the User’s risk and discretion and Bhadragriham makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.

(d) The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.

(e) Bhadragriham expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/ listing posted on the Site/ made available to Bhadragriham by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.

(f) Bhadragriham does not warrant the Services or the results obtained from the use or that the Services will meet the User’s expectations or requirements or that the Site will be uninterrupted or free from any technical error.

(g) Bhadragriham is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Site and any external web links mentioned on the Site.

(h) Bhadragriham does not have the obligation to physically meet, conduct background or police verification of the Users. The terms "genuine verified owner" and "genuine verified tenants/ buyers" on the Site refer to Bhadragriham’s algorithm-based technological process by which Brokers are prohibited from accessing the Site and availing the Services. This is on a best-effort basis and has its own limitations. Bhadragriham accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.

(i) Bhadragriham shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.

(j) Bhadragriham shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.

(k) Bhadragriham shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Site or availing the Services. Bhadragriham shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to Bhadragriham.

(l) Bhadragriham neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. Bhadragriham assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.

(m) Bhadragriham shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.