Terms of Service

TERMS AND CONDITIONS

This websitewww.terragi.in, including any subdomains thereof, and any other websites through which its services are made available, our mobile, tablet and other smart device applications, and application program interfaces etc, , (hereinafter collectively referred to as "terragi") is owned, hosted and operated by Terragi PropTech Private Limited (hereinafter referred to as TTSPL), a company incorporated in India and having its Corporate office at C 1511/ Sushant Lok 1 .Gurgaon , Haryana 122001. These terms and conditions, privacy policy and community guidelines regulating use of these Services constitute a legally binding agreement between Terragi and the User (the “Agreement”).

Terragi and/or any other website(s) linked to this website is an online information and communications service provided to you, subject to your compliance with the terms and conditions set forth below.

PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING Terragi, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE 99acres. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT (feedback@terragi.in)

TTSPL may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Terragi. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Terragi, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. TTSPL may also suspend the operation of Terragi for support or technical upgradation, maintenance work, in order to update the content or for any other reason.

If you utilize Terragi in a manner inconsistent with these terms and conditions, TTSPL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

DEFINITIONS

The term Subscriber would include any person, whether an individual or a legal entity who has subscribed to the Services of Terragi (whether on a paid or free basis), and to whom the access to Terragi is restricted by the use of a Login user name and a password. The user name and password are either allotted by Terragi or chosen by the Subscriber or agreed upon by Terragi. It is made abundantly clear that only the authorized User has the right to access the Services so offered by Terragi.

The term Browser/Visitor will mean and include a person who utilizes any of the Services offered by Terragi, without the need or a requirement to create an account i.e. visits non-restricted portions of Terragi.

The use and access to Terragi shall be subject to these terms and conditions and community guidelines. For the purposes of this Agreement, any person who does not have a legal or a contractual right to access the Services, but does so, will fall within the definition of an 'unauthorized user' and will nevertheless be subject to the terms and conditions regulating the usage of 99acres, and expressly so with respect to respecting the intellectual Builder floor rights of the TTSPL, and abiding by terms and conditions below mentioned.

The terms 'User' and 'Customer' would include both the Subscriber/Advertiser(s) and Browser/Visitor(s)

The terms 'Service' or 'Services' would mean to include the interactive online information service offered by Terragi on the internet through which the user may access information carried by Terragi in the database maintained by it. The terms would also mean the search tools through which the User can search through the hosted databases and information using a number of search tools that are present with a selection matching their search criteria. The term would also include services by way of space used by customers for advertisements such as listings and banners. Users then select one or more of the items presented to view the full document/ record. The term Service does not extend to Terragi acting as an agent either express or implied on behalf of any User/Customer and is merely acting as a medium of information exchange.

The term RERDA shall mean and include theReal Estate (Regulation and Development) Act, 2016 (http://mhupa.gov.in/User_Panel/UserView.aspx?TypeID=1535)as amended read with any rules or regulations that might be framed thereunder.

SUBMISSION AND ADMINISTRATION OF LISTINGS/ADVERTISEMENTS

User agrees not to submit any Builder floor descriptions, photographs, financial, contact or other information contained in each Builder floor's data to 99acres unless the User submitting such a Listing/Advertisement has acquired and received all necessary rights and authorizations from the owner of such Builder floor or the power-of-attorney holder, including from the photographer and/or copyright owner of any photographs, to publish and advertise the said Builder floor(s) on the User's website or on Terragi. Similarly, Terragi does not take any ownership, directly or indirectly towards any person whatsoever, with respect to banners hosted on its website by its customers, which are strictly in the nature of sale of space by Terragi & it has not carried out any independent verification on the authenticity or compliance requirements, as may have been required under any law for the time being in force, of such images/ banners/ listings.Some listings may contain third party video content (“Video Content”) provided for general informational purposes only and such content does not constitute a recommendation or solicitation or intends to influence any type of purchase or decision. No guarantees are made by Terragi or the providers of the video content as to its accuracy or completeness. TTSPL will, in its sole discretion, terminate the accounts of, and refuse Service to, any User who repeatedly or intentionally violates these terms and conditions. Additionally, the User agrees to allow the Builder floor listing, or any part of it, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the User's website or the Terragi website. TTSPL shall have the sole authority to choose the manner in which any Builder floor will be searchable, displayed, accessed, downloaded, copied, and otherwise used on Terragi and TTSPL shall have the right to modify the Builder floor listing in the exercise of its rights under these terms and conditions. In addition to the terms aforementioned the User agrees

(a) to represent and warrant that all Builder floors and associated information provided by the User will be accurate;
(b) that the User will not permit the posting of a Builder floor on Terragi under a name other than the name of a real estate agent who has been duly authorized and engaged by the owner of the Builder floor in this regard;

TTSPL shall place the information relating to Builder floors at defined sections of Terragi or such other mirror or parallel site(s). TTSPL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Builder floors posted on the User's website or on Terragi without notice. TTSPL accepts no responsibility for checking/verifying the accuracy of reports or data files submitted by the User. While TTSPL shall take all reasonable efforts for data backup and business resumption, the User will be solely responsible for retaining back-up copies of all information, photographs and other materials furnished/submitted to Terragi.

Users, who are buying/renting Builder floor/Builder floors through 99acres, must verify details of the Builder floor/Builder floors as well as its right, title, ownership, lien etc. on their own. The ‘verified’ tag visible on Builder floor/Builder floors on Terragi merely indicates the verification of the existence of the Builder floor in the manner it has been advertised. At no point shall the ‘verified’ tag be construed to be a verification of any documentation, ownership details, area or pricing details of the Builder floor/Builder floors.

Payment Terms

(a) Payments for the Services offered by Terragi shall be on a 100% advance basis. The payment for Service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. Refund if any will be at the sole discretion of Terragi PropTech Private Limited TTSPL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts. User acknowledges and agrees that TTSPL/terragi.in, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid or payable by a subscriber/user against any amount(s) payable by User to TTSPL under any other agreement or commercial relationship towards other products/services. Terragi PropTech Private Limited gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of the amount only. Terragi PropTech Private Limited undertakes no liability for free Services. Terragi PropTech Private Limited reserves its right to amend / alter or change all or any disclaimers or terms of agreements at any time without any prior notice. All terms / disclaimers whether specifically mentioned or not shall be deemed to be included if any reference is made to them.

(b)Terragi PropTech Private Limited uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands. For completing online transactions involving payments a user is directed to a Payment Gateway, Terragi PropTech Private Limited does not store or keep credit card data. Since the transaction happens on a third-party network not controlled by Terragi PropTech Private Limited, once a credit card transaction has been completed, the payment information is not accessible to anyone at Terragi PropTech Private Limited after completion of the on-line transaction at the Payment Gateway, this ensures the maximum security.

(c) Terragi PropTech Private Limited shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.

USE OF INFORMATION

User agrees to treat all information obtained from the Service, including listings, member directory, and any information otherwise made available to User in the Service ("Content") as proprietary to Terragi. User agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of Terragi. Terragi does not ensure the accuracy of, endorse or recommend any Content and a User uses such Content at the User's own risk. A User may access the listings/advertisements in the Service solely to obtain initial information from which further evaluation and investigation may commence. User shall limit access to and use of listings to personal and internal use, and shall not use listings obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User in the Service, for or in connection with any other listing/advertising Service or device. User further shall not use the Service provided by the company in any other manner for or in connection with any other listing Service or device. Users violating these specific terms, specifically those Users searching the Service in an abusive or excessive manner, by automated or manual means, shall be subject to immediate termination of their membership without notice.

LIMITATION OF LIABILITY

TTSPL assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of User's data/information. TTSPL shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User and/or Members or to any other person's computer related to or resulting from participating or downloading materials/information from the website.

LINKS TO THIRD PARTY WEB SITES

Terragi may provide links to other third-party World Wide Web sites or resources. TTSPL makes no representations whatsoever about any other Web site you may access through Terragi.

TERMINATION

TTSPL may, without notice in its sole discretion, and at any time, terminate or restrict your use or access to Terragi (or any part thereof) for any reason, including, without limitation, that TTSPL based on its judgement and perception believes you have violated or acted inconsistently with the letter or spirit of these terms and conditions or any applicable law.

PRIVACY POLICY

The Privacy Policy of the Platform explains how we may use your personal data, we will at all times respect and ensure adherence to the privacy policy, additionally various settings are provided to help you to be able to control the manner in which others may be able to view your information as chosen by you to be displayed on your profile and the manner in which you may have chosen to be contacted. Any feedback provided by a User shall be deemed as non-confidential to the user.

Terms of use for Users

• When you indicate your interest in a Real Estate Listing or express interest in related services on Terragi, you are sending your profile consisting of your personal details and application information including relevant documents to Terragi , and you are requesting and authorizing Terragi to make available such information contained in your response to the applicable Advertiser/seller(s) for such Real Estate Listing(s). You provide consent for your data to be provided to such Advertisers/service providers , who may further contact you over the phone/email/whatsapp etc. Please note that our privacy policy does not govern the use of your data by third parties once it is shared.

• In addition, by using Terragi, you agree that Terragi is not responsible for the content of the Advertiser/seller’s/broker’s/builder’s application form, messages, screener questions, testing assessments; required documents, or their format or method of delivery.

• You consent to your application, documents and any responses sent to you by the Advertiser/seller or vice versa through Terragi being processed and analyzed by Terragi according to these terms of use and Terragi's Privacy Policy. Terragi shall store and process such information regardless of whether a Real Estate that had been advertised earlier continues to remain available or not. Terragi may use your application materials (including public profile consisting of your personal details and responses to advertiser/seller’s questions) to determine whether you may be interested in a Real Estate Listing, and Terragi may reach out to you about such Real Estate Listing.

• Information you post in public areas of Terragi sites or applications or make visible in your profile, may be accessed, used, and stored by others around the world, including those in countries that might not have legislation that guarantees adequate protection of personal information as defined by your country of residence. While 99acres takes measures to safeguard your information from unauthorized access or inappropriate use, Terragi does not control these third parties and we are not responsible for their use of information you give to us. Accordingly, you should not post sensitive information or any other information you would not want made public, to any portion of Terragi or application or to a public website.

• Additionally, it shall be the sole responsibility of the user to ensure that it uses the ‘Opt-out’ options as it deems fit to debar / refuse access of the data fed by it, to dealers. Terragi PropTech Private Limited shall not be responsible for such insertions / data being accessed by its subscribers or users whose access has not been specifically blocked /debarred by the user while using the privacy settings.

• In order to use Terragi, you may Login using your Facebook/Google login. If you do so, you authorize us to access and use certain Facebook/Google account information, including but not limited to your public Facebook profile and posts. For more details regarding the information we collect from you and how we use it, please visit our Privacy Policy.

Terms of conditions specific for Service providers / brokers/ dealers / banks/Payment Gateways

• You will comply with all applicable Data Protection Laws in relation to the Processing of personal data; and not process personal data which is irrelevant, in an unlawful manner and excessive with regard to agreed purposes as defined in the privacy policy and these terms and conditions

• You shall implement adequate technical and organizational controls to protect the shared personal data obtained from Terragi against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure

• You agree to provide reasonable assistance as is necessary to facilitate the handling of any Data Security Breach (as applicable the privacy law as applicable) in an expeditious and compliant manner

• You agree that the responsibility for complying with a the request of an individual with respect to his/her personal data lies with the Party which holds/processes the personal data collected/shared

• You warrant and represent that the institution shall not disclose or transfer Personal Data obtained from 99acres to any sub-processors without ensuring that adequate and equivalent safeguards to the Personal Data.

• You shall retain or process shared personal data for no longer than is necessary to carry out the agreed purposes.

ARBITRATION

If any dispute arises between a user/users and TTSPL arising out of use of the website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by TTSPL. Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

SEVERABILITY OF PROVISIONS

THIS AGREEMENT between you and TTSPLgoverns your use of Terragi. If any provision of these Terragi terms and conditions or part thereof is inconsistent with or is held to be invalid/void by or under any law, rule, order or regulation of any Government or by the final adjudication of any court, such inconsistency or invalidity shall not affect the enforceability of any other provision of the terms and conditions.

WAIVER

The failure of TTSPL to exercise or enforce any right or provision of the terms and conditions of use shall not constitute a waiver of its right to enforce such right or provision subsequently.

GOVERNING LAW

By accessing Terragi you agree that the laws prevailing in India shall be the governing laws in all matters relating to Terragi as well as these terms and conditions.

JURISDICTION

Courts at New Delhi, India alone shall have the exclusive jurisdiction in all matters relating to Terragi and these terms and conditions, irrespective of the territory and jurisdiction of your access to Terragi.

IEIL does not routinely monitor your postings to the web site but reserves the right to do so. However, if TTSPL becomes aware of an inappropriate use of terragi or any of its Services, TTSPL will respond in any way that, in its sole discretion, TTSPL deems appropriate. You acknowledge that TTSPL will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, TTSPL will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

TTSPL reserves all other rights.

GRIEVANCES

In case you have any complaints and/or grievances in relation to any grievances, you can send your complaints via our grievance portal located at:feedback@terragi.in

AMENDMENT

Please report any violations of these terms and conditions to TTSPL at:feedback@terragi.in

Effective from: 25th April 2022