The website https://www.HouseEazy.com (called as “Website”) is owned and operated by Magneum Technology Private Limited, a company incorporated in India under the Companies Act, 2013 (“Company”). The Company is in the business of asset management and enhancing the saleability and speedy disposal of residential properties and making real estate investments, if needed. The Website provides Users with the ability to upload their apartment details and receive an instant Offer for the apartment. In order to generate the Offer, user shall submit the details of the apartment which they intend to sell by filling out the questionnaire prompted after the acceptance of the terms. If user submits the details of the apartment to HouseEazy, it will be assumed that they have given company the consent for HouseEazy team to connect with them and explain the Offer. The Offer shall be non-binding and indicative only and shall not be deemed to be a proposal or offer under the Indian Contract Act, 1872. With User’s consent, HouseEazy may conduct a site visit which shall include a physical inspection of the apartment and any other investigation that it deems fit. For the purpose of entering the property in order to conduct a physical inspection, prior notice shall be given to the User by HouseEazy. The services mentioned above are collectively, but not limited to these, are termed as “Services”.
These Terms and Conditions applies regardless of whether you use a computer, mobile phone, tablet, or television or any other media or computer resource to access our Services. It also applies to those who register on our website/applications in connection with use of our services, or whose data we otherwise receive in connection with our services. If you do not agree to any of these terms, please do not use the Services provided by the Company.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
1. EFFECTIVE DATE
These terms and conditions are effective from 02/05/2022
Unless the context otherwise requires, the terms listed below when used below shall have the meanings attached to them and these terms shall be interpreted accordingly. The terms listed below as used in hereunder may be identified by the capitalization of the first letter of each principal word thereof. In addition to the terms defined below, certain other capitalized terms are defined elsewhere in this document and whenever such terms are used in this document, they shall have their respective defined meanings, unless the context, expressly or by necessary implication, require otherwise.
- Account Information: refers to a user identification code, phone number, email ID, password or any other piece of information which may be provided to you as part of our security procedures;
- Algorithm refers to a proprietary set of rules and instructions that defines how the property is to be valued in order to arrive at the Offer. Algorithm defines the price output based on proprietary set of rules that applies to input user data.
- Applicable Law: means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement;
- Buyer represents an individual who is looking to purchase an apartment, or agrees to purchase a specific apartment.
- Confidential Information: means and includes all information that is not in the public domain, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of HouseEazy and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to HouseEazy in confidence;
- Content: means and includes any information or data on the Site;
- Intellectual Property: means and includes patents, inventions, know how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within public domain;
- Intellectual Property Rights: mean and include (a) all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trademarks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not; (b) any licenses, permissions and grants in connection therewith; (c) applications for any of the foregoing and the right to apply for them in any part of the world; (d) right to obtain and hold appropriate registrations in Intellectual Property; (e) all extensions and renewals thereof; (f) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same; (g) any Confidential Information;
- HouseEazy: means and includes Magneum Technology Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Noida, India including its officers, directors, employees and representatives along with its Site. HouseEazy™ is a trademark of Magneum Technology Private Limited;
- Legal Due Diligence is defined as a broad spectrum of investigative procedures by our legal team in relation to identifying title clearance, family grievances, mortgages or other liens on the registered property of the user.
- Prohibited Conduct: means and includes the User’s use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third party rights; infringement or misappropriation of HouseEazy’s or any persons Intellectual Property Right; attempt to gain or assist another person/ User to gain unauthorized access to the Site and/or Services or its related systems or networks; create internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; act of sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third party privacy rights leading to harassment, annoyance, anxiety or inconvenience to any person; modify or make derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information;
- User: means any person who accesses the Site for whatever purpose, regardless of whether said User has registered with www.HouseEazy.com as a registered User or whether said User is a paying User for a specific service provided by www.HouseEazy.com. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority;
- Registration Data means and includes the mobile number, e-mail address, username and such other particulars and/or information as may be required by HouseEazy and supplied by the User on initial application and subscription.
- Personal Information means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
- Un-Authorized User: means 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 be subject to the terms and conditions, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by licensing terms and conditions;
- RERDA: shall mean and include the Real Estate (Regulation and Development) Act, 2016 as amended read with any rules or regulations that might be framed thereunder;
- RERA: means Real Estate Regulatory Authority;
- Seller represents an individual who is looking to sell a property or has agreed to sell a specific property.
- Site means and includes the website owned, operated and managed by Magneum Technology Private Limited at the URL www.houseeazy.com.
3. GENERAL INTERPRETATION
In this Agreement, except to the extent that the context otherwise requires:
- References to a statute, ordinance or other Law shall be deemed to include any references to a statute, ordinance or other Law as amended, supplemented or replaced from time to time in accordance with its terms and (where applicable) subject to compliance with the requirements set forth therein and shall include regulations and other instruments under such statue, ordinance or other Law;
- References to Clauses, Annexures and Schedules are reference to clauses in and annexures and schedules to this Agreement unless the context requires otherwise and the Annexures and Schedules to this Agreement shall always be deemed to form part of this Agreement;
- The headings are inserted for convenience only and shall not affect the construction of this Agreement;
4. OVERRIDING EFFECT
In the context of this Agreement:
- HouseEazy and users agree that their respective rights and obligations under this Agreement shall be interpreted, acted upon and governed in accordance with the terms and conditions of this Agreement.
- It is agreed between HouseEazy and users that this Agreement shall govern their contractual relationship in relation to the Transactions and that subject to applicable Laws, this Agreement shall have an overriding effect notwithstanding anything to the contrary contained in any other document, in relation to this Transaction.
5. ACCESS TO THE SITE
You can opt out of receiving our emails. To stop receiving our promotional emails, you can connect with our representatives with the contact details mentioned on the website.
- First time Users can access the Site for preliminary browsing without creating an Account.
- The User undertakes and agrees to provide User Information, uploading Content and create an Account in order to retrieve specific information and avail the Services.
- HouseEazy shall verify the Account by requesting for the one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and HouseEazy reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
- The User undertakes to cooperate with any of HouseEazy’s personnel in connecting with the User’s access to the Site, as may be required by HouseEazy.
6. USER'S OBLIGATIONS
- The User agrees and expressly states that he/she is solely responsible for the accuracy and completeness of the Registration Data and other information given to the Company in the application to use the Service. The User will ensure that the data shared with www.houseeazy.com doesn't contain any fraudulent, false, misleading or manipulated facts.
- The User agrees to have / have acquired all the necessary rights and authorizations before posting any information on the Site including but not limited to apartment descriptions, photographs, maps, layouts, contact information etc.
- In case a User is covered under the RERDA, it shall ensure all necessary compliance, including but not limited to obtaining the necessary registrations etc.
- The Site may also require the User to support his/ her claims with respect to the status of the property with such documents as may be specified by it from time to time.
- The User is responsible for the set-up or configuration of all the necessary equipment required to access the Service.
- The User will comply with all notices or instructions given by HouseEazy from time to time in respect of the use of the Service.
- The User shall be solely responsible for all information retrieved, stored and transmitted through the Service by him.
- The User is solely responsible for the maintenance of confidentiality of the login information.
- This would include the User's password and Username and all activities and transmission performed by the User at www.houseeazy.com
- The User will immediately notify the Company of any unauthorized use of the User's account or any other breach of security known to the User.
- The User will take all such measures as may be necessary (including without limitation changing his password from time to time) to protect the secrecy.
- In case you chose to discontinue your association with us, you can connect with a HouseEazy personnel by entering a query on the Contact Us page, to unsubscribe / remove your account.
7. USER ACCOUNT
When you register with us, an account will be created for your use on the www.houseeazy.com and you will be provided with required Account Information to enable your access to the Account.
If you access the Site after logging into any third-party app like Facebook, Twitter or Gmail, the login information of such third-party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the Site through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the Site or any other Site accessed by you through the Site.
Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you. If you know or suspect that anyone other than you know or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at firstname.lastname@example.org. We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
In the event that you choose to create an Account with www.houseeazy.com, you may be required to provide some personal information, including your name, username, password, email address, phone number and other information.
9. COPYRIGHT, TRADEMARKS AND LICENSES
The entire contents of the Site are protected by copyright and trademark laws. HouseEazy is the owner of the Site, including the ownership of the Content. We are the licensee of all copyrights, trademarks, service marks or any other intellectual property in the Content published on the Site. All such rights are reserved. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. You may print and download portions of the material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
You agree to grant to HouseEazy a non-exclusive, royalty-free, worldwide, perpetual license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site or by e-mail to email@example.com by all means and, in any media, now known or hereafter developed Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of www.houseeazy.com.
All logos, brands, trademarks, registered marks ("Marks") appearing in www.houseeazy.com are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company / its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
10. PUBLISH CONTENT/ INFORMATION
You are not allowed to host, display, upload, modify, publish, transmit, update or share any information that -:
- Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Post any file that infringes the copyright, patent or trademark of other legal entities;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
- Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, system resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
- Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or cause incitement to the commission of any cognizable offence or prevent investigation of any offence or is insulting any other nation;
- Publish, post, disseminate information that is false, inaccurate or misleading;
- Violate any applicable laws or regulations for the time being in force in or outside India;
- Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Create liability for us or cause us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
11. PROHIBITED USE
- The User shall not put to use the Services offered by the Site in any manner that impairs the interests and functioning of the Site and which is non-compliant with laws and regulations including RERDA.
- The User will not allow any person other than the authorized person(s) named in the application form to use the Service.
- The User shall use the Service only for the purpose for which it is subscribed.
- The User will comply with all applicable laws and shall not contravene any applicable law of India relating to the Services, including any regulation made pursuant thereto.
- The User shall not to use the Service for any unlawful purpose including without limitation criminal purposes.
In the event of a violation of any of the above-mentioned covenants mentioned in Clause 11 and 12 by the User, and same comes to the Company's knowledge, the Company shall have the right to delete any material relating to the violations without prior notice to the User. The Company shall issue a warning to the User to discontinue any activity, which leads to the said violations, and in the event the User continues with such activity, the Company shall have the right to any legal remedy, against the User to recover the loss suffered by the Company and the harm caused to the goodwill of the Company, due to such violation by the User.
The Users agree and acknowledge that HouseEazy is only an online platform that is in the business of asset management and enhancing the saleability and speedy disposal of residential properties and making real estate investments, if needed. The Users further understand and accept that:
HouseEazy make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Further the service is provided as an "as is" and "as available" basis only.
In no event HouseEazy be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of services on this website.
Every effort is made to keep the website up and running smoothly. However, HouseEazy takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
HouseEazy makes no warranty that:
- The service will meet your requirements.
- The service will be uninterrupted, persistent, timely, secure, or error-free.
- The results that may be obtained from the use of this service will be accurate or reliable.
- The quality of any products, services, information, or other material purchased or obtained by you through the use of the service will meet your expectations.
Further we do not assume any responsibility or liability for:
- Any errors in the website/ software
- Any damage to your computer system or loss of data that results from the download of any material from the website.
- Any illegal communication or Content posted or transmitted on the Site by us or by any registered/ unregistered third party
13. EXTERNAL LINKS
As a convenience, we may provide links to third party web sites from the Site which are not under the control of HouseEazy. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
14. OTHER TERMS AND CONDITIONS
a. Force Majeure: HouseEazy will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, epidemic, pandemic or boycott.
b. Cessation of Operation: HouseEazy may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the services.
c. Governing Law & Jurisdiction:
This Website originates from Noida, India. This Agreement will be governed by the laws of the State of Uttar Pradesh without regard to its conflict of law principles to the contrary. Neither you nor HouseEazy will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Uttar Pradesh. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
d. Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
e. Domestic Use:
HouseEazy makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
You may not assign your rights and obligations under this Agreement to anyone. HouseEazy may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
g. Limitation of Liability
HouseEazy’s total aggregate liability under this Agreement and in relation to anything which HouseEazy has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of HouseEazy arises.
HouseEazy and its officers, directors, employees and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits and/or damages (including reasonable attorney fees)incurred and/or suffered by HouseEazy, whether directly or indirectly, resulting from, an act or a failure to act, of any User, person or Third-Party Service Provider for any reason whatsoever and against any claims, suits and/or legal proceedings initiated by third parties inclusive of but not limited to the User’s:
- (a) breach of any terms of this Agreement;
- (b) third party claims arising from an infringement or alleged infringement of such third party’s Intellectual Property;
- (c) claims made by any Government Authority due to the User’s violation of Applicable Law; or
- (d) actual or alleged gross negligence or willful misconduct in connection with the User’s use of the Services or this Agreement.
- (e) a fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.
i. UserGrievance Any User grievance relating to the discrepancies or misuse of information so provided to HouseEazy may be addressed to the Company directly to the Grievance Officer, details mentioned below:
Name: Sugandha Tiwari
Mobile Number: +91-8416 888 025
The Company shall address the grievance within one month of the date of receipt of such grievance from the User.
j. Guidelines for Law Enforcement Agencies (LEAs)/ Report a Fraud
The LEAs can send us the legal requests/ notices to us on info@HouseEazy.com for assistance required on user details. Additionally, in case if you have any query, you can also call us on our Customer Helpline Number - +91-9911374443, across 6 days a week, from Monday to Saturday, between 10:00 AM to 7:00 PM. We will try to respond within 72 hours of receiving the request.
k. Amendment (a) HouseEazy shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User. (b) The User’s uninterrupted and continued usage of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates or modifications to the Agreement.