TERMS OF USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Service for access or usage of [∙] application and/or [∙] website for mobile and handheld devices and laptops and desktops.
These terms of service (the ” Terms of Service”) govern the conditions on which we will be rendering our services through our “[∙]” application/website (the “Platform”). Please read these Terms of Service carefully before you use the services. If you do not agree to these Terms of Service, you may not use the services on the Platform, and we request you to uninstall the application or cease using the website. By installing, downloading or even merely using the Platform, you shall be contracting with M/s. NS Property Guide Advisors Private Limited. and you signify your acceptance to the Terms of Service and other related policies as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
The Platform is operated and owned by M/s. NS Property Guide Advisors Private Limited. (“PropChk”), a company incorporated under the laws of India and having its registered office at [∙]. For the purpose of these Terms of Service, wherever the context so requires, “you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform. The terms “[App]”, “we”, “us” or “our” shall mean PropChk.
1. Platform Overview
I- Services Offered
The Platform is designed by PropChk as means to enable you to engage the services of PropChk to carry out inspection of a variety of properties.
Please note that while rendering its services PropChk engages in visual inspection merely to determine the viability of a property vis-à-vis the particular use case of the client in need of PropChk’s services. The use cases vary from purchase of property to lease of property and etc.
Defects requiring invasive means and destructive testing do not fall under the purview of PropChk’s inspection methods and services.
The services to be offered by PropChk and the report prepared and shared by PropChk will be limited to the cosmetic and general functionality of the premises thereby excluding the following:
Geologic, site and soil analysis, slide, tremor, wind, flood, noise [cars, planes, etc.]
Indoor Air Quality, Mold Presence & Testing
Heat exchanger testing; smoke, salt, gas, odour. Heat/cooling load surveys. Air/velocity measurements, etc.
Electrical circuitry, impedance, capacity, or compliance with national or local codes.
Plumbing/gas pressure, leakage, venting, and materials tests.
Underground piping or utilities or locations, impediments, electrical fields, septic systems, water wells, etc.
Easements, covenants, restrictions, right of ways, etc. By City, Community or Homes Association.
Conformance to statutes, laws, codes, regulations, occupancy, suitability for a specific use, other property influences.
Structural/durability analysis, wood destroying insects, pests, etc.
Water leakage and drainage test of any type. Roof, siding, outside faucets. Underground & site drainage, etc.
Land, boundary surveys, site hazards, insurability, development potential, etc.
Firefighting
Grade/quality of the material fixed such as quality of tiles or ceramic/cp fitting.
The inspection shall cover only those items listed on the report in connection function and safety and not for code or statutory compliance.
You can avail free telephonic consultation as many number of times as you like up to 1 month from the date of inspection by prior appointment. To fix an appointment, please write to support@propcheck.in or call 8822228822
A written report shall be made available to you after conclusion of the inspection to provide you with a general overview of the build of the property being inspected. The report shall be shared with you in good faith and you shall be entitled to use the report for the purpose of carrying out any alterations or rectifications or renovations to the property.
The inspection to be undertaken by PropChk and the written report to be prepared in respect of the same shall solely be restricted to primary and visual inspection and will not be technically exhaustive. The inspection can be subject to supervision by a specialist appointed on your own accord. PropChk defers liability for any defects that surface in the inspection by the specialist.
The status captured as in the report will be as on the date of inspection. The date of inspection shall mean the date on which the property was inspected by PropChk representative or our agent.
The report will not cover any of the aspects that have been expressly excluded in this Disclaimer.
The report shall not be interpreted as a general verdict on the quality of the construction/reputation of the person /company/any other entity who constructed the property and shall only be a report intended to provide you with on-ground information with respect to the property on an as-is-where-is basis.
The report may also be accompanied by 360 degree view link which shall be available only for 1 month from the date of report submission.
Any queries regarding the inspection report can be raised to support@propcheck.in mail up to 1 month from the date of report submission.
PropChk makes no representation or warranty as to the completeness of any information in the report(s). The report shall not to be relied upon or shared wholly and solely, except for the purposes provided herein. The report shall be intended to operate as a visual aid to you and as such cannot be given unqualified reliance. The report shall solely be intended for use by you for rectifications of the snags reported and shall be the property of PropChk.
Notwithstanding anything contained herein, your reliance upon the reports shall not create any liability (direct, indirect, consequential or special, etc.) against PropChk except for those expressly consented to.
Every effort will be made to cover all the issues during inspection and as such PropChk shall not be liable for any financial compensation & legal action for any missed issues or the issues not apparent on the date of inspection or the issues may surface in future.
PropChk shall be protected from providing any indemnification whatsoever, and will not undertake responsibility of any occurrences of malfunctioning of the inspected property and its components in the future. PropChk will not undertake responsibility for lack of discovery of any defect which shall arise during or subsequent to the inspection. .
As PropChk is a third party and an independent consultant, the report may not be used in any social media, other public forums or for any other purpose than as stated explicitly herein without the consent of PropChk.
Any other form of unauthorised use or sharing of the report in part or full is not permitted. You shall be fully liable to indemnify, keep safe and compensate Propchk in the event of any third-party claims made against PropChk as a result of you not adhering to the above.
2. Home Inspection Fees
The applicable rate of the Inspection Fees for the Service provided shall be such as mentioned in the “Pricing” page or as may be prescribed by PropChk from time to time. .
Liability for the Inspection Fees shall accrue from the Date of Commencement.
3. Payment and Refund Clause, Cancellation Charges
Payment for the services offered shall be on 100% advance basis.
Refund if any will be at the sole discretion of PropChk only.
The cancellation charges payable to you shall be at the applicable rates laid down
In case you have only booked the inspection but not scheduled it, you can cancel the inspection anytime and get 100% refund.
If the inspection is canceled upto 24 hours before the scheduled inspection, you will still get a 100% refund.
If your cancellation is made less than 24 hours before the scheduled inspection, no refunds shall be made.
The PropChk shall process the refund within 7-10 days of receiving the cancellation request but offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching your card/bank accounts. This is on account of multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
4. Scheduling
You can schedule the inspection anytime in future after booking the inspection post making the entire payment.
5. Rescheduling
You are allowed to reschedule the inspection only once at least 24 hours prior to the original scheduled inspection.
6. Discontinuation/Modification of Services
PropChk reserves the unilateral right to add to /and/or change and/or delete and/or end the Services at any time with or without any prior notification to you. However, if we materially change these Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new service or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. You can access the latest version of these Terms at any given time on the Platform. You should regularly review the Terms on the Platform. In the event the modified Terms are not acceptable to you, you shall discontinue using PropChk and its Platform. However, if you continue to use PropChk and its Platform you shall be deemed to have agreed to accept and abide by the modified Terms. Except for paid service, a pro-rated refund shall be effected for the remaining unused period.
There shall be no liability on behalf of PropChk towards you or any third party in case it exercises its unilateral right to modify or discontinue the Service.
7. Entry/Access to site
You shall be solely responsible to arrange for access to the site/property for which the inspection is scheduled.
If you fail to arrange access for the inspector to the site within 45 minutes of the inspector’s arrival at the inspection site as per the scheduled time slot, the inspector shall be cancelled automatically and no refund shall be processed towards you.
8. Re-inspection
You can opt for a re-inspection at 80% of the prevailing cost of inspection, once the issues were rectified by the builder/developer/promoter/owner etc. s.
In the event you opt for a re-inspection at the time of initial booking itself it will cost only 50% of the prevailing cost and will be valid for 3 months from the time of first inspection date.
During re-inspection, only the issues that were previously identified by PropChk in the initial inspection shall be checked. No effort shall be made to identify & report new issues.
During re-inspection, 360 degree photography of the property shall not be conducted.
9. Your Obligations
To provide accurate, complete and correct registration data on initial application of the Services.
You agree that any data entered on the Platform will be subject to mandatory verification process by PropChk.
Any and all licenses, permits, consents, approvals, and intellectual property or other rights as may be required for using the Service shall be obtained by you at your own cost.
You will ensure compliance with all notices or instructions given by PropChk from time to time to enable the use of the Service.
You understand and agree that you shall be responsible for all applicable taxes and for all costs that are incurred in using the Platform service(s).
You shall be solely responsible for all information retrieved, stored and transmitted by him.
You shall keep confidential and disclose to any person your password and user identification and all activities and transmission performed by you through your user identification.
You shall be responsible for all the activities that occur your name and password.
You agree to immediately notify PropChk of any unauthorized use/breach of your password or account and ensure to exit from the account at the end of each session.
You shall immediately notify PropChk of any unauthorized use of your account or any other breach of security known to you.
You shall be responsible for the set-up or configuration of his equipment for access to the Services.
You shall give out to PropChk a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed. For the purpose of this Agreement, “User Data” shall mean all information (if any) submitted by you on propcheck.in with the exception of trading data, credit card numbers, checking account numbers, etc. “Individually Identifiable User Data” shall mean that subset of “User Data” which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. You shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any.
You are solely responsible for any data entered on the Platform. You are fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). PropChk however shall endeavour to use the best industry practice, of weeding out all wrong data/ false data entered by you and undertakes to withdraw all such data within reasonable time after verifying the complaint.
You agree to indemnify and keep PropChk indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.
10. Eligibility
Persons who are “incompetent to contract” as per the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Platform.
We reserve the right to terminate or refuse your registration, or refuse to permit use/access to the Platform, if: (i) it is discovered or brought to our notice that you do not conform to the eligibility criteria, or (ii) we have reason to believe (including through evaluating usage patterns) that the eligibility criteria are not met/is violated by a user, or (iii) may breach the terms of these Terms of Service.
11. Usage of the Platform
You may access and use the Platform for lawful purposes only. You are responsible for adhering to any and all laws, rules, and regulations that are applicable regardless of any previous knowledge or lack of knowledge about such laws, rules or regulations.
Prohibited Actions
You shall be restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.
You undertake not to resell or assign your rights or obligations under these Terms & Conditions. You also agree not to make any unauthorized commercial use of the Service.
You shall use the Service only for the purpose for which it is subscribed.
You shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.
You shall not print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any user on Platform except such data and information which is posted by you.
You shall not use the Service for any unlawful and fraudulent purpose including without limitation criminal purposes.
The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of abusive, indecent, obscene, defamatory or menacing nature.
You shall be prohibited from postings any information or content on Platform, which directly or indirectly cause any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience of whatsoever nature.
You shall not infringe intellectual property rights of any person/party and/or retain information in any computer system or otherwise with an intention to do so.
You agree not to make use of anyone else’s information other than as necessary to complete any transactions in which you are involved.
You shall not violate, or attempt to violate the security of the Platform and/or any web sites linked to propcheck.in or gain un-authorized access any information regarded as private by other user(s) or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which you are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.
You shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Platform network system.
In the event that you breach any of the above-mentioned covenants, PropChk shall have the right to delete any material relating to the violations. PropChk reserves the unilateral right to suspend or/and deactivate the your access to the Platform Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to PropChk, we shall have the right to recourse to any legal remedy against you to recover the loss suffered by us and the harm caused to the reputation of PropChk, due to such violation by you.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the Services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
By using and accessing the app in any way whether by browsing the Platform, using any information, content or any Services available therein, you agree to abide by these Terms of Service. If you do not accept these Terms of Service, please stop using the Platform immediately.
12. Account & Registration & Notifications
All users must register and log in to the Platform for placing orders through PropChk. You must keep your account and registration details current and correct for all communications related to your purchases from the Platform. By agreeing to the Terms of Service, the user agrees to receive promotional or transactional communication from PropChk or its partners.
By visiting/registering the Platform you are given access to various information, resources, Services, products for the purpose of enabling you to undertake marketing and sale of pre-underwritten insurance policies and products.
As part of the registration process on the Platform, we may collect the following personally identifiable information about you, including but not limited to name, email address, age, address mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and other information required under the relevant guidelines, regulations etc.
By registering with the Platform, you agree to authorise PropChk & its representatives to communicate with you via Telecall, SMS, E-mail, Notification & WhatsApp regarding any of its Services, both promotional & transactional at any time in the future. You agree that constant communication between you and PropChk is critical to enable the functioning of the Platform, as such you agree to receive communications, as above, from PropChk & its representatives notwithstanding any registration for DNC / NDNC / DND.
Security:
Transactions on the Platform are secure and protected. Any information entered by you when transacting on the Platform shall be encrypted to protect you against unintentional disclosure to third-parties. Your credit and debit card information shall not be received, stored by or retained by PropChk/Platform in any manner. This information will be supplied by you 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 and institutions and payment franchisees that it is associated with.
To protect the secrecy of your identification and/or password, you shall take all such measures as may be necessary (including but without limiting to changing your password from time to time and shall not reveal the same to any other person(s).
Since a user identification is necessary to access the services of PropChk; you shall use only your own user identification.
It is agreed by you that you acquire no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to you by PropChk. It is further agreed by you that except as otherwise proved herein, PropChk reserves the right to change or/and re-assign the same to you, at its sole discretion without being liable to you for any kind of damages or/and relief or/and any other consequence(s).
In the event of theft or/and loss) of user identification or/and password or/and security word, you shall notify PropChk immediately via telephone or/and concurrently in person provide PropChk with a written notice to the same effect. The contact details of PropChk can be found on the website www.propcheck.in. You shall remain liable for use of the Services by any third party until such theft or loss is notified to PropChk.
The password and username being made available to you shall be used only by the organization named by you and the employee of the organization. You shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by PropChk to him.
13. Maintenance
PropChk may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the Services (as the case may be) without notice to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work and/or your access to propcheck.in and its App. Without prejudice to any other provisions of this Agreement, PropChk shall not be liable for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to PropChk shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
14. Errors, Inaccuracies and Omissions:
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Platform, is inaccurate at any time without prior notice (including after you have submitted your order). We however undertake no obligation to update, amend or clarify information in the Service or Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on Platform, should be taken to indicate that all information in the Service or on Platform has been modified or updated.
15. RERA Disclaimer
Project developers or builders and Real Estate Agents, are required to comply with rules, regulations and guidelines of RERA Act 2016 and obtain necessary registration under the said Act. It is mandatory for Project developers or builders and Real Estate Agents to disclose on the Platform, all material and requisite information as required under the Act. We do not guarantee that Project(s) and Real Estate Agents have registered under the Act or are compliant with the same. In no event will Propchk be liable for any claim made by you including seeking any cancellation for any of the inaccuracies in the information provided in this Platform.
It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERA Act 2016) developed, built by a Developer/ Builder and/or initiated /referred to by a Real Estate Agent, before making any Buy/Sell or any other decisions.
PropChk makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, services or related information provided by Developer/Builder/Real Estate Agent/Promoter on its website with respect to any property or project.
16. Violation of Terms and Conditions
In the event of violation of Terms, PropChk in its sole discretion may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site, or/and cancellation of your account, and/or the exclusion of any person(s) who may have violated any Terms & Conditions hereto. PropChk can also pursue violators with claims that they have violated various criminal and/or civil law provisions as applicable under the relevant Acts/Rules, etc. of the land. PropChk will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to you. If PropChk believes in its sole discretion that any advertisement or/and services may create liability for the Company, it may take any actions that it believes to be prudent or necessary to minimize or/and eliminate its potential liability, including but not limited to, the release of user information. In sum, PropChk reserves the right to refuse service to anyone at any time, or/and to remove any listings or/and any advertisements for any reason, and without notice.
17. You Agree & Confirm
In no event will you directly associate with the customers/clients of PropChk, save as directed by PropChk. You shall in no event provide your personal credentials to any customer/client of PropChk.
You agree to make use of the Platform for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Platform.
You will provide authentic and true information in all instances where any information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time.
If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), we shall have the right in its sole discretion to reject registration, and debar you from using the Platform in the future without any prior intimation whatsoever, and without any liability to you.
If wrong details are entered by mistake (not deliberately) like area of the flat or number of rooms then the customer need to make additional payment as per the property’s actual size to carry out the inspection.
18. Intellectual Property Rights
Propchk, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Platform. Access to or use of the Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to the PropChk’s intellectual property rights. All rights, including copyright, in and to the Platform are owned by or licensed to PropChk. Any use of the Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of PropChk.
You may not modify, distribute or re-post anything on the Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of PropChk, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to or use of the Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the PropChk’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
19. Limitation of Liability
You expressly understand and agree that in no event shall PropChk or its contractors, agents, licensors, partners, employees, representatives, suppliers be liable to you for any special, direct, indirect, incidental, consequential, punitive, or exemplary damages (including without limitation loss of business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to this agreement, or which may be incurred by you as a result of using the Platform. In any event, PropChk or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers’ shall not be liable for any or all damages, liabilities, losses, costs or consequences thereof arising out of or in relation to usage of the Platform, however caused and whether arising in contract, tort including negligence, warranty or otherwise.
20. Indemnity
You agree to defend, indemnify and hold harmless PropChk, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in these Terms, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry or termination of these Terms of Service.
21. Termination
Any use of the Platform contrary to these Terms of Service shall automatically entail termination of these Terms of Service.
Upon termination, you shall discontinue any further use of the Platform or PropChk may deny you access to the Platform.
PropChk’s right to be indemnified pursuant to the terms hereof, shall survive any termination of these Terms of Service. Any such termination of these Terms of Service shall not cancel any of your obligation/liability that may have arisen under the Terms of Service prior to the date of termination.
22. Governing Law, Jurisdiction & Dispute Resolution
The Terms of Service shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by PropChk. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The arbitration shall be held in New Delhi and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the Terms of Service.
23. Notice
All notices if required to be sent to PropChk shall be sent on the below address:
NS Property Guide Advisors Private Limited Allied House, Plot No. 5&6,Shopping Complex, B-7
Vasant Kunj,
New Delhi 110070
