Terms of Use

In these Terms, the following words and expressions, unless inconsistent with the context, shall bear the meanings assigned hereto:

1. 1“Acceptance” shall mean the User’s affirmative action of clicking the “Submit” / “I Accept” button or checkbox provided with these Terms, by which action the User clearly accepts these Terms of Use.
2. 2“Agent(s) / Broker(s)” shall mean the real estate agents / brokers appointed by the Buyer, Seller, Landlord, Tenant or otherwise authorised to initiate or manage transactions on the Platform.
3. 3“Buyer” shall mean the User who has registered on the Platform, signifying interest to purchase the Property.
4. 4“Builder” shall mean the User who initiates or manages sale, rental or renewal transactions for customers through the Platform in an organisational capacity.
5. 5“Commission” shall mean the amount payable to the Agent(s) / Broker(s) for their services as identified under the relevant agency or commercial arrangement.
6. 6“Escrow Agreement” shall mean the definitive escrow agreement to be entered into between the relevant Users and PropTrak (or its designated escrow partner), where escrow is enabled for a transaction.
7. 7“Privacy Policy” shall mean the privacy policy of PropTrak, as may be amended and updated from time to time and available at the Privacy Policy page.
8. 8“Property” shall mean the immovable property disclosed by the relevant User during registration or transaction creation on the Platform and available for sale, purchase, rent or renewal through the Platform.
9. 9“PropTrak Fee” shall mean the fee payable to PropTrak by the Buyer, Seller, Landlord, Tenant, Broker, Builder or any other User (as the case may be) for using the Platform to carry out the proposed real estate transaction and for the Services offered.
10. 10“Purchase Consideration” shall mean the consideration payable by the Buyer to the Seller for the purchase of the Property.
11. 11“Rent / Renewal Agreement” shall mean the rental agreement, leave and licence agreement or renewal agreement generated, reviewed, stamped, signed or managed through the Platform.
12. 12“Sale Deed” shall mean the definitive agreement to be entered into for conveyance of the Property.
13. 13“Seller” shall mean the User who has registered as the owner of the Property and is interested to sell the Property to the Buyer through the Platform.
14. 14“Service Provider(s)” shall mean legal counsel, property surveyor, property inspector, stamping / signing partners or any other service provider engaged or listed in connection with facilitating the proposed real estate transaction.
15. 15“Stamp Duty” shall mean a tax imposed by the relevant state government in connection with property documents / ownership. Stamp duty payable at the time of stamping or registration shall be based on applicable state law and the value of the property / agreement.
16. 16“Transaction Documents” shall mean the agreements and records on the Platform in relation to the transactions contemplated and shall include the Agreement for Sale / MOU, Rent Agreement, Renewal Agreement, Escrow Agreement (if applicable), approvals, amendments, Privacy Policy, these Terms of Use and such other ancillary documents entered into between the parties.

1. 1PropTrak provides its Services to You subject to the conditions set out herein. Before You may use the Platform, You must read and accept all of the terms and conditions in, and linked to, these Terms. We strongly recommend that, as You read these Terms, You also access and read the linked information (such as the Privacy Policy), since it is incorporated into and hereby made part of these Terms. These Terms are effective upon Acceptance.
2. 2Users willing to use Services of and/or undertake transactions through the Platform are advised to go through these Terms carefully, understand the same, and thereafter agree to be bound by the same.
3. 3If You are accepting or agreeing to these Terms on behalf of another person or on behalf of any company or other legal entity, You represent and warrant that You have the authority to act on behalf of, and bind, that person or entity to these Terms.
4. 4Each User must acknowledge at the time of registration that they have read these Terms (including any amendments hereto). Acceptance of these Terms will be deemed acceptance of any and all amendments hereto that may be made prior to a User successfully completing its proposed transaction contemplated hereunder and form a valid and binding contract relating to the subject matters set out herein.
5. 5The role of PropTrak is limited to facilitating the onboarding of Users, verification / authentication of identity (including through Aadhaar-based processes where applicable), enabling documentation workflows, and helping Users finalise and execute transaction steps with ease and convenience. It is specifically understood that PropTrak is not the entity selling / purchasing / leasing the Property nor is it required to take any approvals for facilitating the proposed real estate transactions, except as expressly stated in writing.

If You do not agree to be bound by these Terms, You may not use the Platform. We reserve the right, at any time, at our sole discretion, to change or otherwise modify these Terms without prior notice, provided that we will provide You a prior intimation regarding such proposed amendment or modification on the notice details provided by You at the time of Your registration / onboarding on the Platform, where reasonably practicable. Your continued access or use of the Platform signifies Your acceptance of the updated or modified Terms.

1. Eligibility

1. 1You may not request, initiate or accept a transaction if You are not able to form legally binding contracts under the provisions of the Indian Contract Act, 1872.
2. 2You may not use the Platform if You are barred or prohibited from entering into contracts or conducting real estate transactions under the laws of India or other applicable jurisdiction.
3. 3You agree to provide complete, accurate and up-to-date information about Yourself and the Property (where applicable), and to update that information as necessary. Your name, address and other information submitted on the Platform may be used and shared with third-party service providers in accordance with our Privacy Policy.

2. Offer, Acceptance & Consideration

Once relevant Users are onboarded on the Platform, a Buyer may elect to make a purchase offer for the Property, and/or Users may initiate sale, rental or renewal workflows through the structured process made available on the Platform. Offers and transaction steps may be conditional upon due diligence, reviews, approvals, payments and other contingencies configured in the workflow. Thereafter, the Users may proceed to generate, review, edit, approve, stamp and/or sign the Transaction Documents and shall act strictly in accordance with the terms thereof.

3. Closing Costs, Taxes and Fees

The Users will be responsible to pay for any title search, title diligence, escrow fees (where applicable), Commission to their respective Agents / Brokers, fees to Service Provider(s), the PropTrak Fee and any other additional closing costs, in a manner as prescribed in these Terms and the Transaction Documents. Other such closing costs include (but are not limited to) stamp duty, registration fees, TDS (tax deduction at source) withholdings, attorney fees, and/or property taxes due through the closing / execution date. Stamp duty and related government charges are charged extra based on applicable state law. In addition, if a Seller / Landlord has an existing listing or brokerage arrangement with a real estate agent / website, such User will be solely responsible for determining any amount due to its agent / website owner.

By registering on the Platform, each User represents and warrants that:

1. 1the User has all rights to register on the Platform, list its Property for sale / rent (where applicable) and execute and perform all the agreements / legal documents described herein and by doing so, the User is not violating or infringing upon the rights (including the intellectual property rights) of any other person and / or any applicable laws;
2. 2the User is complying with all the regulatory requirements in regard to the services / products they are offering via this Platform;
3. 3all the details on the Platform, shared by the User, are current, up-to-date and accurate, including the location, property specifications, etc.;
4. 4all the personal details on the Platform, shared by the User, are as per identification proof such as Aadhaar, permanent account number, driving licence or passport; and
5. 5by onboarding / registering on the Platform, the User is granting all such rights to PropTrak to authorise PropTrak to use and/or share their data / information in accordance with the Privacy Policy.

Each User hereby irrevocably undertakes and confirms that it understands that:

1. 1PropTrak merely provides a Platform for efficient and ease of real estate transaction workflows and it does not hold any responsibility to undertake any verification whatsoever of the Property or of the User(s) or Service Provider(s), except as expressly stated;
2. 2Save as otherwise provided, PropTrak shall have no liability or responsibility for any approvals, consents, permissions or the like of any regulatory authority or third party for the transactions contemplated under the Transaction Documents;
3. 3The User will not hold PropTrak liable or accountable for any issues relating to title defect / third party claims in respect of the Property or the transaction undertaken on the Platform;
4. 4PropTrak shall have no responsibility or liability for any action, omission, non-performance or breach of any contract entered into between User(s) and Service Provider(s);
5. 5Any communication or interaction with other Users or Service Providers on the Platform is at the User’s own risk;
6. 6The Platform may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications, and PropTrak is not responsible for any such delays or problems;
7. 7The User will not violate any privacy policies or security policies of the Platform and it will, at all times, comply with all the terms of these Terms and other definitive documents executed between the parties.

Each User hereby undertakes and confirms that it irrevocably authorises PropTrak to undertake all actions, deeds and/or things as specified under the Transaction Documents and Platform workflows, to the extent required to facilitate the Services.

1. Indemnification by the User

The User agrees to indemnify, defend and hold harmless the Company and its respective Affiliates, officers, directors, managers and employees (collectively, the “Indemnified Parties”), for any and all direct or indirect losses, liabilities, claims (including third party claims), taxes, stamp duty, deposits, demands, judgments, fines, suits, actions, costs, penalties and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) suffered, incurred or paid, directly or indirectly, by the Indemnified Parties arising out of, or relating to:

1. 1any matter, dispute or event arising out of or relating to any of the Transaction Documents;
2. 2any inaccuracy, misrepresentation or breach of the representations and warranties by the User;
3. 3any failure to perform, non-fulfilment, breach or violation by the User of any of its covenants, obligations, undertakings and/or agreements contained in any of the Transaction Documents or these Terms.

2. Limitation of Liability

Notwithstanding anything contained under the Transaction Documents, in no event will PropTrak be liable to the User:

1. 1for any indirect, special, incidental, punitive or consequential damages, whatsoever, including, without limitation, lost profits, loss of revenue, loss of use;
2. 2for any amount higher than the PropTrak Fee paid by the relevant User for the specific transaction giving rise to the claim.

3. Notices

Any notice or other communication to PropTrak shall be provided in writing at the address / email mentioned on the Platform. Any notice and communication to the Users shall be made on the email address provided by the Users at the time of registration on the Platform.

4. Severability

If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions of these Terms.

5. Governing Law, Jurisdiction and Dispute Resolution

(i) Governing Law & Jurisdiction: These Terms shall be governed and interpreted by and construed in accordance with the laws of the Republic of India and, subject to the arbitration clause below, the courts at Gurugram, Haryana shall have sole and exclusive jurisdiction over all matters arising out of or relating to these Terms.

(ii) Mediation: If any dispute arises in connection with these Terms, the Parties agree to enter into mediation in good faith to settle such a dispute. To initiate the mediation, a Party must give notice in writing to the other Party to the dispute, referring the dispute to mediation for resolution within a period of 7 days. A copy of the referral should be sent to PropTrak. No Party shall commence any court proceedings or arbitration in relation to any dispute arising out of this Agreement until it has attempted to settle the dispute by mediation and either the mediation has terminated or the other Party has failed to participate in the mediation, provided that the right to issue proceedings is not prejudiced by a delay. Mediation fees, if any, shall be divided equally among the Parties.

(iii) Arbitration:

1. 1Any and all disputes arising out of or in connection with this Agreement, which are not resolved by mediation or where the timeline for resolution of dispute through mediation expires, shall be exclusively submitted to arbitration under the Arbitration and Conciliation Act, 1996, as applicable, and shall be adjudicated by an arbitral tribunal comprising a sole arbitrator to be appointed by mutual consent of the Parties.
2. 2If the Parties to the arbitration are unable to agree upon the joint appointment of the sole arbitrator within 10 (ten) Business Days from the referral to arbitration, then, the arbitrator shall be appointed as per the provisions of the Arbitration and Conciliation Act, 1996.
3. 3All proceedings of the arbitration shall be conducted in the English language. The venue and seat of arbitration shall be Gurugram, Haryana.
4. 4The arbitration award rendered by the sole arbitrator shall be final and binding. The substantive and procedural laws applicable to this Agreement shall be the laws in force in the Republic of India.

6. Assignment

Neither User shall assign these Terms to any third party. PropTrak shall have the right to assign these Terms to any of its affiliates or to any third party without prior consent of any person.

7. Waivers

Failure by any Party to enforce any provision of these Terms shall not constitute a waiver of any other provision hereof or of the rights of such Party hereunder, in that instance nor shall it amount to waiver of that particular provision in any other instance.

8. Survival

Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of these Terms.

1. Cancellation Policy

1. 1If a client wishes to cancel their transaction with the Company, they must submit a cancellation request in writing.
2. 2The cancellation request should include the client’s name, contact information, transaction details, and reasons for cancellation.
3. 3The Company will review the cancellation request and determine if it meets the criteria for cancellation. This evaluation includes assessing information provided by the client for compliance with both our internal policies and any legal requirements, such as know your customer (KYC) norms.
4. 4If the cancellation is approved, the Company may charge a cancellation fee or deduct certain expenses incurred during the transaction process.
5. 5The client will be notified of the cancellation approval and any applicable fees or deductions.

2. Refund Policy

1. 1Refunds may be applicable if the client is eligible for a cancellation as per the Company’s cancellation policy.
2. 2The Company will assess the circumstances of the cancellation and determine the refund amount, if any.
3. 3The refund amount may be subject to deductions for cancellation fees, administrative costs, or any other applicable charges outlined in the Company’s refund policy.
4. 4Refunds will be issued using the same payment method used for the original transaction, unless otherwise specified by the client.
5. 5The timeframe for processing refunds may vary, and it will be communicated to the client by the Company.
6. 6The Company reserves the right to withhold or deny refunds in cases of non-compliance with the cancellation policy or breach of contract by the client.

3. Exceptions and Special Circumstances

1. 1The Company’s policy may outline specific situations where cancellations and refunds are exempt or subject to different conditions.
2. 2For example, if the cancellation occurs after a certain stage in the transaction process (such as after document generation, stamping, signing or execution) or if there are contractual obligations that prevent cancellation without penalties.
3. 3The policy may also address scenarios where the Company experiences unforeseen circumstances or events beyond its control that may impact the transaction process, such as natural disasters or legal restrictions.
4. 4Government charges such as stamp duty, registration fees and similar statutory payments are generally non-refundable once paid to the relevant authority, unless refunded by such authority under applicable law.