Terms & Conditions

1. General

For the purpose of these Terms of Use, "we", "us" and "our" means the Nextgen Property Adviser Private Limited("Company" or "PA") and "you", "your" and "user" means any person who accesses or uses or registers on our website, www.propertyadviser.in("Website") and avails our Services. "Services" includes access to our Website, our call and SMS based services, databases, Interactive Voice Response services and all other services and functionalities that we provide through the Website.

By using the Website, you agree to the following Terms of Use. This website allows you to view the Company details, services offered by PA, property details of various builders and sellers along with their contact information, and other information relevant to our business. PA reserves the right to modify this Website, to add, change, delete and/or end any Service, and the Terms of Use any time, with or without prior notice, and your use of the Website after such amendment shall constitute your agreement to abide by the amended terms. It is your duty to keep yourself updated with the Terms of Use. We also retain the right to deny access to anyone who PA, in its sole discretion, believes has violated any of the Terms of Use.

PA has taken every care in the preparation of this Website. However, as certain technical matters may be beyond PA’s control, PA cannot guarantee that you will have uninterrupted access to the Website at all times.

2. Access to the Website and Services

You may access the Website and the Services only if you are 18 years of age or older and are legally capable of entering into a binding contract as per applicable law, including, in particular, the Indian Contract Act, 1872.

3. Your Information

You understand that upon entering the Website you may have access to the Services provided by PA. You may also choose to register with PA and provide your details on the Website, including your name, address, contact number, email address, details of your properties including information about your property and relevant images, and your property preferences ("User Information"). After providing this information and opening an account with us, (i) you may manage the information in your account or (ii) review a list of available properties and our analysis of the properties on the Website. We may contact you to discuss your requirements for properties, and suggest available properties.

By providing us with your User Information, you confirm that:

  • The User Information provided by you is accurate and genuine;
  • The mobile phone number provided by you belongs to you, has been validly acquired under applicable law, and you may be contacted on the number by way of calls or SMS messages by us;
  • You are interested in availing the Services provided by us;
  • We may contact you either electronically or over the telephone to understand your interest in the Services;
  • You shall be solely responsible for all information retrieved, stored and transmitted by using the Services;
  • Any information provided by you may be subject to mandatory verification process by PA;
  • We reserve the right to edit, modify and alter any content on the Website. Any content placed on the Website shall be processed and reflected after a maximum of 48 hours.
  • Any information entered into the Website can and shall be saved, used and commercially exploited by PA as it deems fit; and
  • You shall immediately notify us of any un-authorized use of your User Information or any other breach of these Terms of Use or security known to you.

Further, you authorize us to:

  • Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the Website was accessed;
  • Either directly, or through third parties, verify and confirm your User Information;
  • Send you promotional materials and/or special offers;
  • Share the User Information with interested builders and sellers; and
  • Communicate with you by email or by phone or usually available means of communication.

Subject to the above, and your compliance with these Terms of Use, we grant you a non-exclusive, revocable, limited privilege to access and use this Website.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. PA shall not be liable to any person for any loss or damage which may arise as a result of your failure to protect your account details or the password. We will make access to your User Information available to you and will make good faith efforts to provide you the ability to amend your User Information.

You agree to notify PA immediately of any unauthorized use of your account or any breach of security, including any suspected unauthorized use/breach of security on the Website. PA reserves the right to refuse Service, terminate accounts, remove or edit content in its sole discretion if you are in breach of any of these Terms of Use or if required by a regulatory authority.

You agree that all agreements, notices, disclosures and other communications that PA provides to you electronically, satisfy any legal requirement that those communications be in writing.

4. User Conduct

You will provide true, accurate, complete and current information in all instances. If upon confirmation, your details are found to be not true (in whole or in part), PA reserves the right, in its sole discretion, to reject the registration and debar you from using the Services on this Website without prior intimation whatsoever.

You shall take all necessary precautions to prevent unauthorized access or use of the username and password for use of the Website. In the event of loss of user identification or/and password or any misuse of your account, you shall immediately notify the Company by telephone or mail, failing which you shall continue to remain liable for any use of the Services by such unauthorized third party.

You must use this Website in a manner consistent with applicable laws and regulations and not for any unlawful purpose. Illegal and/or unauthorized uses of this Website are not permitted. You also agree not to make any unauthorized commercial use of the Services and use the Services only for the purpose for which you have subscribed. Use of the Website in any manner that could damage, disable, disrupt or impair the Website or interfere with any party’s use and enjoyment of the Website, including by way of introduction or transmission of any information or software, which contains a virus, worm or other harmful component into the internet or our network systems, is prohibited. You shall not attempt to gain unauthorized access to the Website, computer systems or networks connected to PA through any means whatsoever, nor shall you obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or download or make copies of the information available on the Website. 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 the Website except such data and information which is posted by yourself.

The Website and the Services shall not be used for any activities that may be offensive on moral, religious, racial or political grounds or are of an abusive, irresponsible, indecent, obscene, defamatory or menacing nature or may breach any intellectual property rights of any person. In case of fraudulent use of the Website, or in the event of non-compliance with the Information Technology Act, 2000, rules, regulations and guidelines made there under, PA reserves the right to immediately terminate access to the Website and the Services, remove such information and initiate legal proceedings against such persons for fraudulent use of the Website or any other unlawful acts or omissions in breach of the Terms of Use of the Website or applicable law or take any such action as may be available to the Company under applicable law.

5. Intellectual Property Rights

All content included on this Website, such as images, logos, photographs, text, graphics, interfaces, micro sites, the appearance, organization and layout of the Website, etc. and the underlying software code belong to us or our licensors and are the exclusive property of PA. You acknowledge and agree that PA (or affiliates of PA, as applicable) owns all legal right, title and interest in and to the Website, including any intellectual property rights that subsist in the Website (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

In the event a user has contributed any content or listings on the Website, such content or information shall be deemed to have become the absolute property of the Company and the user shall have no right or claim over the same. You shall take all reasonable efforts to ensure that such information is accurate and complete and not misleading or infringing on any third party intellectual property rights in any way. We are not liable for any infringement of copyright arising out of materials posted on or transmitted through the Website by any users of the Website. If you believe that any work that you own is accessible on the Website in violation of intellectual property rights, please contact us and we will act expeditiously to resolve the issue.

Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying or altering the Website or selling or transferring any material (whether in whole or in part) in any manner is strictly prohibited. The information provided on the Website and through the Services is for your personal use only. Any violation of this Terms of Use will result in a copyright, trademark or other intellectual property right infringement that may subject you to civil or criminal penalties.

"Property Adviser" and other marks indicated on this Website are trademarks of PA. All other trademarks not owned by PA that appear on this website are the property of their respective owners, who may or may not be affiliated with, or connected to PA.

Any financial, commercial, technical, operational, management, data and other information relating to a property or to a party including details of their products and services, assets, customers, date and database, suppliers or employees, which may be supplied to a user, whether orally or in writing, and which is confidential or proprietary in nature and not generally available to the public shall be kept confidential and secret by the receiving party, and shall not be used, reproduced, transformed or stored, except with prior permission or if compelled by law (including court orders) to do so.

6. Indemnity

You agree to defend, indemnify and hold harmless PA, its employees, directors, officers, agents and their assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to PA or any third party, including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under these Terms of Use or arising out of the your violation of any applicable laws, including but not limited to intellectual property rights, violation of rights of privacy or publicity, etc.

7. Feedback, Reputation and Reviews

You agree to be fair, accurate and non disparaging while leaving comments, feedback, testimonials and reviews ("Feedback") on or about the Website or the Services and you acknowledge that you transfer all rights in such Feedback to us and that we will be free to use the same as we may find appropriate.

8. Breach of these Terms of Use

If you have, or we have reasonable grounds to believe that you have, violated these Terms of Use in any way, we can indefinitely suspend or terminate your account/access to the Website or Services at any time, forfeit any amounts paid by you and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above. If you observe material or behavior that may violate one of the Terms of Use, please write to us.

9. Transactions

You understand that the Website is a platform which provides users information about properties that have been reviewed and listed by PA and any transactions between you and any other third party pursuant to the information provided by PA are strictly bi-partite and you will be subject to the terms of that third party. We are not and cannot be a party to, or control in any manner, any transaction between you and any other party. We shall not and are not required to mediate or resolve any disputes or disagreements between you and any other party.

Accordingly, we will not be liable for any loss or damage incurred as the result of any such transaction. While interacting with any third party found through the Website, we strongly encourage you to exercise reasonable diligence as you would in traditional off line channels and practice judgment and common sense before committing to any transaction or exchange of information. The user understands that any information or Services obtained through this Website is at user's own discretion and that user shall be solely responsible for any damage, costs or consequences resulting from any transaction.

Our employees, partners and other staff are not accountable for any loss, harm or damage that occurs or may occur or arises from the usage of information from the Website by you. You are advised to use your own discretion in such matters.

All screening procedures, verification services and background checks, whether undertaken by us or through third party consultants are performed on an "as is" and "as available" basis. By opting to avail of them you acknowledge that we will not be responsible for the quality or accuracy of the results of these procedures and PA shall not be held liable for any change in the information or for any losses suffered on account of you relying on the information provided by the Website.

10. Limitation of Liability and Disclaimers

All third party advertisements, hyperlinks or other redirection tools on the Website which take you to content operated by third parties are not controlled by us and do not form part of the Website. We are not liable for any loss or harm that occurs to you as a result of such sites. We do not endorse and are not responsible for any content, advertising, products or other materials on or available from such sites.

The information/opinions available on this Website are broad guidelines for general information only and are intended to provide information on real estate. The material on this Website is not and should not be regarded as legal, financial or real estate advice. While every effort is made to ensure that the material is accurate and up to date, we do not guarantee or warrant the accuracy or completeness of the information provided. User should make own inquiries and obtain independent professional advice before taking any real estate decisions. Measurements, prices and locations are approximate and no responsibility is taken for any error, omission or misunderstanding in these particulars.

To the fullest extent permitted under applicable law, PA or its suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with this Website, its Services or these Terms of Use.

PA, its associates, employees, directors and technology partners make no representations or warranties about the accuracy, reliability, quality, completeness, current-ness or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of this Website or that the operation of this Website will be error free and/or uninterrupted. Consequently, PA assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of this Website and/or any interruption or errors in the operation of this Website. The Company takes no responsibility or liability for shortage or non fulfillment of Services due to or arising out of technical failure or otherwise and you hereby undertake that you shall not claim any damages or relief against the Company for "deficiency of service" under the Consumer Protection Act, 1986 or any other applicable laws.

The Services are provided on an "as is" and "as available" basis. PA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Users shall be fully responsible for any third party product or service undertaken by them through the Website. All information is accepted in good faith and PA accepts no responsibility whatsoever regarding the bona fides of the user or the information. PA does not edit or amend any data or content of any information posted on the Website by any user and may be made available on the Website. PA has absolute discretion to refuse or delete any artwork, materials, data, information and content which in the sole opinion of the Company does not comply with applicable law or infringe any third party rights.

PA may at its sole discretion at any time deactivate or suspend a user’s access to the Website or Services without notice to carry out system maintenance, upgrading, testing, or other related work. PA shall not be liable for any loss, damages, costs or expenses incurred by a user due to such deactivation or suspension.

11. Privacy Policy

Any personal information you supply to us when you use this Website or the Services will be used in accordance with our Privacy Policy available at www.propertyadviser.in/privacy-policy.

12. Miscellaneous

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

Use of the Website does not create any association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the user and the Company.

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the Website shall be subject to the exclusive jurisdiction of the appropriate courts in Hyderabad.

13. Grievance officer

In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Ravi Kumar B (Grievance officer)
WWW.PROPERTYADVISER.IN
NEXTGEN PROPERTY ADVISER PVT LTD.
D.No. 2-22-311/109A, ADAGUTTA SOCIETY,
BHAGYANAGAR COLONY, KUKATPALLY,
HYDERABAD 500072
Email: bravi@propertyadviser.in

14. Contact us

Please contact us for any complaints, concerns, questions or comments (including all inquiries related to copyright infringement) regarding these Terms of Use or this Website.

Should you wish to terminate your account for any reason, you may do so by sending an email with the subject line "Termination" to the Grievance Officer.