Website Terms of Use

Website Terms of Use

Last updated on 19th January, 2016

THESE WEBSITE TERMS OF USE ("TERMS") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THESE TERMS ARE A LEGALLY BINDING DOCUMENT BETWEEN USER AND FLATLE, EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME BY USE OF THE WEBSITE OR SERVICES THEREUNDER AND DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
These terms of the website located at the URL www.Flatle.com and mobile application under the name and style "Flatle" (“Website”) is between Flatle Tech Private Limited ("Flatle" or "We" or "Us" or "Our") a company incorporated under the laws of India, with its registered office at 8-D Hansalya Building, New Delhi - 110001, India and having U74999DL2015PTC286925 is an intermediary platform in the form of an online sales persons aggregator and the Users (defined below), of the Website ("You" or "Your" or "Yourself" or "Users") describe the terms on which Flatle offers You access to the Website and such other services as are incidental and ancillary thereto ("Services"). 

These terms are subject to revision by Flatle Tech. at any time and hence the Users are requested to carefully read these terms from time to time before using the Website.

  1. Buyers mean any person desirous of purchasing the unit listed on the online platform and referred to Builder by Flatle.
  2. Broker means the sales partner confirmed by the at the time of making booking request and paying token money.
  3. Builder means any person engaged in the business of construction and developing the unit.
  4. Sales partner means the diverse groups of sales persons who have partnered with Flatle to sell the units listed on the online platform.
  5. Units means the properties that the Builder is desirous of listing on the online platform for their sale and purchase including but not limited to apartment, villas, flats, houses, bungalows, independent floors, farmhouses, lands and plots etc for commercial, residential and other purposes.
  6. User means any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872 and shall include Buyers, Brokers, Sales Partners and Builders either as guest Users or registered Users.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE terms, PLEASE DO NOT USE THE WEBSITE.

These terms together with the Privacy Policy and the other policies of the Website available elsewhere on the Website and any other terms which may apply to specific Services constitute the entire agreement upon which You are allowed to access, use the Website and avail the Services. 

The Website is an electronic platform for online sales person aggregation and acts as an intermediary that provides a platform for User (a) Builder to exhibit, advertise, display, make available and offer to sell the units, (b) Brokers to facilitate the sale of such units by referring them to the Buyers, (c) Buyer to purchase the units so offered, (d) services to facilitate the engagement of Builders, Brokers and Buyers to undertake commerce on the Website, and (e) such other services as are incidental and ancillary thereto.

User Obligations And Role of Flatle

You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Flatle such as any deep-link, robot, spider or any similar or equivalent process to circumvent the navigational structure or presentation of the website to obtain or attemot to obtain any materials, documents or information.

You represent that you have obtained all relevant consents and approvals in order to post any User Content and that such content is lawful. Flatle has no obligation to monitor any User Content.

You hereby grant Flatle a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content for the purposes of these terms

The User is expected to make its independent enquiries and exercise due diligence and discretion before entering into any transaction regard the Builder, the Unit, the specifications, and the project thereof. The contents on the website has been developed based on the information provided by the Builder for which Flatle cannot be held liable. Flatle is merely a facilitator of the transaction and is neither a Broker nor an agent of the Builder and thus the activity on the website does not in any manner be construed as sale of property.

In certain cases, where Buyer requires certain after sales services in relation to an Unit, Buyer shall directly contact Builder or the Broker, Flatle is not and shall not be obligated to provide any such additional services.

The Buyer is bound to notify Flatle in case he cancels, transfers or creates any third party interest in the Unit booked through Flatle.

Payment Information

The Buyer agrees to pay token amount as Expression of Interest (EOI) which shall not bear interest of any nature and shall not be treated as a deposit with Flatle and accordingly Flatle shall not be liable in any manner whatsoever. Flatle is only a provider of transactional platform between the Builder & the Buyer in the nature of an intermediary.

Token amount shall be refundable to Buyer in case of non-payment of booking amount by Buyer or non-confirmation of sale by Builder. Any taxes, charges, rates applicable on the said token amount or otherwise shall be additionally borne by the Buyer only and as agreed upon between the Builder & the Buyer.

The Buyer is aware that Unit blocked/reserved by the Buyer is dependent on the availability of the Unit with the Builder. Flatle expressly disclaims any liability for non-availability of the booked/reserved Units from the Builder.

Intellectual Property Rights

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Flatle owns all intellectual property rights to and into the trademark "Flatle", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions,, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. Except as expressly provided herein, You are not permitted to use the Marks without the prior consent of Flatle, the vendor/seller or the third party that may own the Marks.

Disclaimer of Warranties & Liability

You agree and acknowledge that Flatle is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Unit on the Website. Flatle is not the seller of the Unit. Accordingly, any contract for sale/ purchase of Units through Flatle is a bipartite contract between You and respective and Flatle shall not be a party to or liable in any manner whatsoever in respect of such contract.

That Flatle shall not be responsible for any delays, misrepresentation, increasing in cost, change of layout, change/levying of PLC, scraping of project, change in the Builder policies, change in the government policies, judicial/administrative orders, variations between commitments and deliverables and/or such other circumstances that may take place from time to time.

You expressly understand and agree that, to the maximum extent permitted by applicable law Flatle will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge.

Flatle shall not be responsible for the delay or inability to use the website or related functionalities, or failure to provide them, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability, consumer laws or otherwise.

The website, services, content, User content and any third party content (links to third party websites or resources) are provided by flatle on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Flatle, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything contrary in the Agreement(s), Flatle's entire and aggregate liability to You under and in relation to these terms or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100).

To the extent permitted by law, the total liability of Google, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).

Termination

You may terminate Your agreement with Flatle by not accessing the Website; or closing Your Account for all of the Services that You use. You agree that Flatle may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Flatle determines that You have violated the terms or any other Agreement(s). Notwithstanding the foregoing, such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Flatle chooses to terminate them.

Governing Law and Jurisdiction

This Agreement shall be governed and interpreted according to the laws of India. The Courts of the NCT at New Delhi shall have exclusive jurisdiction over all disputes, controversy or claims between the Parties under this Agreement. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient.

Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement (deed) or the subject matter thereof shall be referred to the arbitration of an arbitrator to be nominated by Flatle and the decision of the arbitrator shall be final and binding on the parties.

Report Abuse and Take Down Policy

Flatle at its discretion or on notice by any User may monitor any content alleged to be objectionable or violative under any law and remove such content from the Website if Flatle determines in its sole discretion that such content is in violation of these terms or any applicable law.

Communications

The User agrees and understand that by registering with Flatle and by furnishing the information on the website, the User will receive all details and information regard various sales promotions, launch of any new website, new products and projects as intimated by the Builder. Flatle can approach User through any mode of communication including emails/sms/new-letters/brochures/telephonically or any other manner as may be agreed from time to time.

Miscellaneous

Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby.

Waiver: The failure of Flatle 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.

Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Flatle for the purpose of this Agreement shall be available at email address: info@Flatle.com. Flatle may change the aforesaid details from time to time under intimation to You.


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