As per the law of Information Technology Act, 2000, this document is an electronic
record. Being generated by a computer system it does not require any physical or
digital signature. This document is published in accordance with the provisions
of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011
for access or usage of the website PropertyAlways.com.
Welcome to PropertyAlways.com ! We are an Online Marketplace / Marketing and e-Advertising
Platform connecting people in the real estate market. PropertyAlways.com and our
subsidiaries and affiliates (collectively "PropertyAlways.com") provide you with
access to a variety of services, including but not limited to the www.PropertyAlways.com
website (the "Website"). The term "We", "Us", "Our", "PropertyAlways.com", "PA"
used in these Terms shall mean PropertyAlways.com. This Website is owned and operated
by an individual . and having its principal place of business at 09, Sutari house
, A.B.nair road , Juhu , Mumbai -400049, Maharashtra, India.
You are allowed to use our Services only if you can form a binding contract with
terms and conditions apply to everyone who uses PropertyAlways.com's Services (including
real estate professionals and developers), and they govern the relationship between
PropertyAlways.com and our users during their use of PropertyAlways.com’s Services.
Our Services comprise a variety of real estate-related products and services made
available through our Website and PropertyAlways.com mobile application. These Services
include but are not limited to real estate listings and related information, home
loan related products and information, real estate professional profiles, advertisements
and information about PropertyAlways.com’s number 09892553289. The Services may
sometimes be located on third-party websites or applications, either as links from
an add-on service to, or otherwise in connection with, websites or applications
that those third parties control. Our Services also include paid products and services.
By purchasing or using our paid products and services, you agree to these Terms
Please read these Terms carefully before using our Services. By accessing and using
PropertyAlways.com may require that you register in order to use some or all of
the features and functionalities of the Website. We may, in our sole discretion,
permit or deny your registration. Once we permit you to register with the Website,
you agree and undertake to access the Website only using the unique username and
password, as amended by you from time to time, associated with your registration.
You will be solely responsible for maintaining the confidentiality of such password
and agree that the password is intended for use solely by you. We may permit you
to register with the Website using your Face book or Twitter account. If you complete
your Registration via Face book or Twitter all applicable Face book and Twitter
You understand that for the purpose of effectively using the Website you may be
required to provide accurate information including but not limited to your name,
address, mobile number and e-mail id (collectively referred to as “User Content”).
You represent that you have all rights required to provide the information that
you have provided to the Website, including the User Content and represent that
they are true and accurate.
You agree and understand that this Website and the contents are intended for people
who are 18 years of age or above. You hereby represent that you are 18 years of
age or above and competent to contract within the meaning of section 11 of the Indian
Contract Act, 1872.
2. USE OF INFORMATION
Customer agrees to treat all information obtained from the Service, including listings,
member directory, and any information otherwise made available to Customer in the
Service ("Content") as proprietary to PropertyAlways.com Customer agrees that Content
reserved for members will be maintained as confidential and shall be protected as
a trade secret of PropertyAlways. PropertyAlways does not ensure the accuracy of,
endorse or recommend any Content and Customer uses such Content at the Customer's
own risk. Customer may access the listings in the Service solely to obtain initial
information from which further evaluation and investigation may commence. Customer
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. Customer shall not use or reproduce any Content that is obtained from
the Service, or that is otherwise made available to Customer in the Service, for
or in connection with any other listing service or device. Customer 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. Customers violating these specific terms,
specifically those customers 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. All User Content will be used and processed in accordance
3. DO AND DON’T DO
DO : You agree that you will use the Website only for the purposes of viewing or
listing advertisements related to real estate such as residential listings, commercial
listings, rental listings, paying-guest listings, hostel listings and service apartment
listings or to use the other services provided by PropertyAlways.com through our
applicable agreements that you have entered into with PropertyAlways.com.
You will use the Website and any information available in accordance with all applicable
of any other agreements or terms and conditions agreed upon or entered into by you.
In relation to the use and access of the Website its content
and features, you agree and undertake not to:
Other than when
acting as a real estate developer, property manager or real estate broker list advertisements
related to real estate such as residential listings, commercial listings, rental
listings, paying-guest listings, hostel listings and service apartment listings
on the Website, upload, transmit or publish any information on behalf of a third
party, including any User content of any person other than you, and more specifically,
you will not impersonate another person.
Upload, transmit or publish any information or material which is threatening,
abusive, obscene, derogatory (in any form), defamatory or libelous, discriminatory,
racially or ethnically objectionable or contains pornography.
Violate the privacy or publish any personal
information of any person except to the extent specifically approved by such person
and only to the extent absolutely necessary to advertise such real estate property.
or publish any viruses or other malware to corrupt, interrupt, limit, destroy or
otherwise impact the Website, PropertyAlways.com’s computer systems or the computer
systems of other users or third party systems. Upload transmit or publish anything which
you do not have the rights to or any material which infringes on the intellectual
property rights (in whatever form) of any third party.
Use the Website in any manner which
Access the Website
in any unauthorized manner, including by hacking or using log in credentials of
any other user.
Use the Website for any unauthorized marketing purposes or for sending any unsolicited
If any of your actions on the Website or materials posted by you on the Website
are flagged as inappropriate, PropertyAlways.com reserves the right to review such
actions or content to determine, in our sole and absolute discretion, whether it
your account and/or access to the Website, you may assume that such removal or disablement
was purposeful on the part of PropertyAlways.com. PropertyAlways.com may additionally
refuse to let you re-register and/or use the features and functionalities of the
Website in our sole discretion.
4. PAYMENT OBLIGATION
The charges/fees for the various Services offered by PropertyAlways.com. have been
clearly set forth in the Website. There are both paid services and free services
offered thorough the Website. The details of the Services that are offered without
charges and with charges are clearly set out in Website or You may communicate with
us at contact@PropertyAlways.com. to get more information. You understand that the
Services offered without any charges are restricted (as per the information you
may have obtained from PropertyAlways or as may be seen while availing the said
Services). Hence You may be required to pay the amounts, communicated by us or set
forth in the Website, if you wish to avail any Services other than the free Services
offered. PropertyAlways.com reserves the right to alter/modify the amounts payable
for the Services without any prior notice. The details of cancellation and refund
are provided in your account which are registered with us. There will be no refund
of any amounts paid by you for availing the various Services offered through the
Website, except expressly stated elsewhere PropertyAlways.com may offer certain
discounts or other offers for the various Services. The terms and conditions of
the offers/discounts shall be clearly set forth in the Website and the same may
be time bound and hence you may not claim any offers/discounts when the time for
the same has lapsed/expired. There are specific services which are offered directly
by third party vendors and the role of PropertyAlways in such cases is only to post
the availability of such services on our website. PropertyAlways will not be liable
or responsible in any way for such services or the quality of such services. Any
payments being made by Users do not accrue to PA and PA will not entertain any requests
for information / clarification regarding such Services.
5. TERMS AND CONDITIONS FOR AVAILING THE SERVICES - WITHIN APARTMENT COMPLEX
The array of services offered by PropertyAlways.com includes Service rendered to
residents within a building/apartment complex ("Residents") to interact with their
neighbors and share their knowledge of the neighborhood. Subject to the provisions
below, and to the terms of any agreement we may have with your building's owners
or management or association, the following elements of the Service are available
a) Network Access:
As part of the Service, PropertyAlways.com creates a unique Network for each building/apartment
complex. If you are a Resident of a building, we will permit you to access the entire
Network for that building by using a username and password. Initially, PA will provide
you with an activation code in a postcard or other mailing sent to your apartment
complex/building or, in certain participating buildings, provided by your building's
management or Residents. Otherwise, you may request an activation code from contact@PropertyAlways.com.
Please note that only one username and password should be created per user/Resident.
Username is the email id provided by the Resident. You can invite other Residents
living in your unit or any of your neighbor by clicking on "Invite Neighbors" by
providing email ids or house reserve the right to verify this information before
enabling an additional account.
b) Registration Information:
When you submit your activation code to register, we will require you to provide
your house details, name, e-mail address, and a password of your choosing. As mentioned
above, your e-mail address will be used as your username for login purposes. Similarly,
if you wish to create an account for other Residents living in your unit, you must
provide their name and e-mail addresses. We will send an invitation to the email
id provided by you, subject to verification of the invited Resident by us. This
Any registration information you provide must be true, accurate, current and complete,
except that you may provide a preferred nickname when prompted for your first name.
Please note that this nickname or first name will be displayed on your profile page
and with any messages, reviews, comments or listings that you send or post through
the Network. Please also note that we may, but are not obligated to, use the information
you provide to verify that you are actually a resident of your Network's building,
and that we may forward this information to building management.
c) Profile Information:
You may also provide profile information such as your occupation, hometown, status,
hobbies, photo, etc. You may update, or add this profile information via the "my
Profile" page. All of this information will also be subject to the terms of our
Your PA my profile may not include any of the following content: telephone numbers
(except where asked), any photographs containing nudity, profanity, or obscene,
lewd, excessively violent, harassing, sexually explicit or otherwise objectionable
subject matter. Despite this prohibition, it is possible that information provided
by other PA tenants (for instance, in their Profile) may contain inaccurate, inappropriate,
offensive or sexually explicit material, products or services in violation of these
or association of your building assume any responsibility or liability for this
material. We encourage you, however, to help us keep your Network clean by contacting
us if you notice any misuse of the Service. We reserve the right to remove any such
inappropriate content posted in your Network without any notice to you.
d) Notices; Messages; Community Forums:
The Website contains notice board where you may post notices for other Residents
to see. Please note that, if you post a notice, the first name or nickname that
you have provided will be displayed with that notice.
Although we reserve the right to verify your information, we do not assume any obligation
to do so. We cannot, and do not, guarantee that each person who claims to be a resident
of your building actually is a resident of your building. We are not obligated to
pre-screen or monitor any messages or bulletin boards or notice board or advertisement,
but do reserve the right to do so, and to remove any message from the Website in
our discretion. We may also forward offensive or unlawful content to law enforcement
authorities or to your building's management or owners. In the event of any claim
on PropertyAlways.com on account of any messages posted by you, PropertyAlways.com
will not be liable for the same and You shall indemnify PA in this regard.
6. TERMS AND CONDITIONS - OTHER SERVICES
a) Local Info:
The Website contains Local Info section which will allow you to access, rate, review,
and recommend restaurants and other businesses in your locality or neighborhood.
The information on these pages may be provided by a third party or submitted by
individual Residents. You agree that any information that you provide on these sections
will be true and accurate, and that you shall not defame, slander or libel any person
PA cannot and does not guarantee the accuracy, integrity or quality of any content
submitted by individual users or provided by third party. In addition, your interactions
with businesses found on or through the Service, including payment and delivery
of goods or services (including any food orders), and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and those businesses. In no event shall PA or your building or management be
liable for any damages arising out of any interaction between you and such parties.
b) Market Place:
Market Place lets you offer goods and services such as posting of properties for
sale, new properties being developed in any area, etc. to one another, or post wanted
ads. Please keep in mind that the Market Place is only a venue for you to place
or respond to classified listings. PropertyAlways.com hereby reserves the right
to set the limit on the number of responses for a free user. PropertyAlways.com
does not take responsibility for the content on the website and you are required
to exercise independent judgment before acting upon any content set out in the Website.
You may not list or sell any item in the Market Place or otherwise through our Service
which: (a) infringes any third party's copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy; (b) otherwise causes
a legally-recognized harm (such as a product that contains a defamatory statement);
or (c) is illegal under, or your sale of which to the buyer would violate, any applicable
law, statute, ordinance or regulation.
7. REGULATION OF USAGE OF WEBSITE
The User agrees and undertakes not to reverse engineer, modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create derivative works
from, transfer, or sell any information or software obtained from the Website. You
agree not to use the Website (including, without limitation, any Services you may
obtain through your use of the Website):
In a manner that
violates any local, state, national, foreign, or international statute, regulation,
rule, order, treaty, or other law.
To stalk, harass, or harm another individual or organization.
To impersonate any person or entity
or otherwise misrepresent your affiliation with a person or entity.
with or disrupt the Website or servers or networks connected to the Website.
Without limiting the foregoing, you may not list or sell any prohibited / banned
items in the Market Place. You agree not to submit any property descriptions, photographs,
financial, contact or other information contained in each Property's data to the
Website unless You have acquired received all necessary rights and authorizations
from the owner of such property or the power-of-attorney holder, including from
the photographer and/or copyright owner of any photographs, to publish and advertise
the said property(s) on the Website. Photographs with any watermark are prohibited.
8. TERMINATION OF REGISTRATION
Without limiting any other remedies, PA may terminate your account if (a) you are
found or suspected to have engaged in fraudulent activity in connection with the
use of our Services, (b) we are of the opinion that you have breached these Terms
or such other reasons as deemed fit by PropertyAlways.com with or without assigning
any reasons/evidence thereof.
9. COMMUNICATION FROM PROPERTYALWAYS.COM
As part of the Services offered to registered members, we may need to communicate
You agree to receive e-mails which are specific to your account and necessary for
the normal functioning of the Services, including one or more welcome e-mails which
help inform new users about various features of the Services. By becoming a registered
member of PropertyAlways.com and/or using the Services, you agree to receive certain
communication from PropertyAlways.com. You hereby confirm that, you do not have
any objection to receiving emails, messages (SMS or any other mode) calls from PropertyAlways.com,
its group companies, affiliates and subsidiaries. This consent shall supersede any
preferences set by you with or registration done with the Do Not Disturb (DND Register)/
National Customer Preference Register (NCPR).
We may also send Residents occasional e-mail bulletins encouraging them to log in
to the Network or take advantage of various features or offers, unless such Residents
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. PA
does not take any responsibility of the validity of any of these offers. If we make
these e-mails available to Residents in your Network, you will be able to opt in
or out of these e-mails at any time by updating your preferences through your "Settings"
10. Information for Users/Service Providers
Because certain areas of the Website are designed to help Users discover new rental
or purchasing opportunities, you may browse some sections of the Network for any
apartment complex/building on the Website, even if you have not yet registered.
However, you will not be able to read or post any reviews or ratings in these sections
unless you have logged in as a Resident of that Network's building. PA will not
make available any of the information which could be private to any apartment to
public users without notifying users of the network. However authority of deciding
upon a piece of information to be private stays with PA.
11. INTELLECTUAL PROPERTY RIGHTS
All logos, brands, trademarks and service marks ("Marks") appearing in Website are
the properties either owned or used under license by PropertyAlways.com. All rights
accruing from the same, statutory or otherwise wholly vest with PropertyAlways.com.
The access to this Website does not confer upon you any license or right to use
in respect of these Marks and therefore the use of these Marks in any form or manner,
whatsoever is strictly prohibited. Any violation of the above would constitute an
offence under the prevailing laws of India.
PropertyAlways.com respects the Intellectual Property Rights of all, it has and
will continue to adhere to all the laws applicable in India in this respect. PropertyAlways.com
shall respect the Intellectual Property Rights of the users as well as third parties.
In a case where a User/s are found to be using Website as a platform to infringe
the Intellectual Property Rights of others, PropertyAlways.com will be free to terminate
the said User/s account forthwith without any notice to the user.
12. DISCLAIMER OF WARRANTIES
ALL INFORMATION AND SERVICES PROVIDED BY THE COMPANY THROUGH THE WEBSITE ARE PROVIDED
"AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF
DEALING, USAGE, OR TRADE PRACTICE. PROPERTYALWAYS.COM DOES NOT WARRANT THAT THE
SERVICES OFFERED ARE FREE OF ERRORS OR MISTAKES. PROPERTALWAYS.COM DOES NOT WARRANT
OR REPRESENT THAT DEFECTS OR LIMITATIONS IN THE SERVICES WILL BE CORRECTED. NOR
DOES THE PROPERTYALWAYS.COM WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE
CONTINUOUSLY. CERTAIN EXTENUATING CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED.
PROPERTYALWAYS.COM PROVIDES NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITION,
PROPERTYALWAYS.COM PROVIDES NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE
OF THE SERVICES.
PROPERTYALWAYS.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL,
DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER) DUE TO ACCESS, DOWNLOAD OR
USAGE OF CONTENTS FROM THE WEBSITE. THE CONTENT OF THE WEBSITE COULD INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS
AND CORRECTIONS WITHOUT NOTICE.
13. Whistle blowing
PropertyAlways.com reserves the right to publish property details with Your consent
that have been furnished by You. However, should there be a situation where Your
consent was not obtained, You would be required to contact PropertyAlways.com immediately.
Discussing this on any public or social forum is prohibited and a legal penalty
will be applicable if this is found. Any feedback regarding correction of details
has to be communicated to PropertyAlways.com immediately. PropertyAlways.com can
be contacted on contact@PropertyAlways.com or support@PropertyAlways.com or on +91
989 255 3289 or at Our office address 09, Sutari house , A.B.nair road , Juhu ,
Mumbai -400049, Maharashtra, India.
PropertyAlways.com reserves, in a manner consistent with reasonable commercial business
practices, the right to remove all or any part of the properties and/or other goods
and services posted on any part of the Website without prior notice.
Unless explicitly stated in any part of the Website, we are not involved in the
actual transactions between buyers and sellers of any goods or services or any users
posting any information/listings on the Website. We absolutely have no control over
the quality, safety or legality of the items or services advertised, the truth or
accuracy of the listings, the ability of sellers to sell items or the ability of
buyers to buy items offered thorough the Website. We cannot and does not control
whether or not sellers will complete the sale of items they offer or buyers will
complete the purchase of items they have committed to buy. In addition, note that
there are risks of dealing with people acting under false pretense. We expect that
you will use caution when using the Website. You understand and agree that we do
not guarantee the accuracy or legitimacy of any listing, leads, posting, and information
by other users. You further agree that we are not liable for any loss of money,
goodwill, or reputation, or any special, indirect, or consequential damages arising
out of your use of the Website or as a result of any sale, purchase of goods and
services with other users of the Website. PropertyAlways.com is not liable in any
manner to any third party/User for any content/listing, posted by the Users on the
You agree to indemnify, defend and hold harmless PropertyAlways.com , its officers,
directors, employees and agents from any claim, cost, expense, judgment or other
loss incurred due to violation of the terms and conditions contained in this Terms
15. LINKS TO THIRD PARTY SITES
The Website may provide links to web sites and access to content, products and services
from third parties, including users, advertisers, affiliates and sponsors of the
Website. You agree that PropertyAlways.com is not responsible for the availability/accuracy
of content including but not limited to opinions, advice, statements and advertisements
provided on third party web sites and You shall bear all risks associated with the
use of such content and for acting upon such content. You are requested to peruse
use before usage of the said third party web sites. PropertyAlways.com is not responsible
for any loss or damage of any sort You may incur from usage of contents of third
party websites. PropertyAlways.com makes no representations or warranties as to
the functioning of any third party website. A link to a third party web site from
the Website does not constitute endorsement by PropertyAlways.com of the owner of
the other site, the content of its site, or its products or services.
16. GOVERNING LAW
By accessing the Website you agree that the laws prevailing in India shall be the
governing laws in all matters relating to these Terms.
Courts at Mumbai, India alone shall have the exclusive jurisdiction in all matters
relating to the use of these Terms, irrespective of the territory and jurisdiction
of your access to the Website. You agree to inform us if you come across any listing
or posting that is offensive or violates our listing policy or infringes any intellectual
property rights by sending a mail to contact@PropertyAlways.com to enable us to
keep the Website working efficiently and in a safe manner. We reserve the right
to take down any posting, listing or information and or limit or terminate our Services
and further take all reasonable technical and legal steps to prevent the misuse
of the Website in keeping with the letter and spirit of these Terms. In the event
you encounter any problems with the use of our Website or Services you are requested
to report the problem by sending an e-mail to contact@PropertyAlways.com
The information provided in this Website is based on PropertyAlways.com data which
is collected from various publicly known sources viz, websites, documents and maps
including PropertyAlways.com 's proprietary data resources, and from the inputs
of unidentified individuals. It ought to be considered as a guideline and not as
absolutely certain. While care has been taken for groundwork, no responsibility
is accepted for the accuracy of whole or any part. This information is absolute
property of PropertyAlways.com. It should not be reproduced in any form, in part
or whole, without prior written permission of PropertyAlways.com . The information
is provided on an "as is" and "as available" basis. PropertyAlways.com expressly
disclaim 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.