TERMS AND CONDITIONS OF USE

These Terms and Conditions ("Terms") govern your access to and use of the services, website, platforms, and content operated by Shivpuri Real Estate Pvt. Ltd. (“Company”, “we”, “us”, or “our”). By engaging with us, whether as a visitor, buyer, tenant, broker, or collaborator, you agree to be bound by these Terms.

1. DEFINITIONS

1.1  User refers to any individual, client, buyer, tenant, broker, agent, or entity who accesses, views, inquires about, collaborates with, or uses the Company’s services, website, projects, or communications.

1.2 Content means any brochure, layout, floor plan, design, photograph, video, virtual tour, price sheet, advertisement, written material, promotional information or any other similar material/information provided or hosted by the Company.

1.3 Project refers to any residential, commercial, industrial, plotted, mixed-use real estate development, etc. undertaken, promoted, or managed by the Company, whether directly or through affiliates or joint ventures.

2. ELIGIBILITY AND LEGAL COMPETENCE

2.1 By accessing the services of the Company, entering into any agreement, participating in a project, or otherwise engaging with us in any capacity, the User affirms and warrants the following:

• a. The User is at least eighteen (18) years of age or has reached the age of majority as defined under the laws of their jurisdiction, whichever is higher.
• b. The User possesses the full legal capacity and authority to enter into binding agreements, including contracts relating to property inquiries, purchases, rentals, brokerage services, or any form of engagement with the Company’s real estate offerings.
• c. The User is not subject to any legal disability, judicial restraint, or statutory prohibition that restricts or bars them from working in or engaging with such industries or platforms.
• d. Where the User accesses or engages with the Company on behalf of a company, group, or legal entity, the User represents that they are fully authorized to act on its behalf and to bind it legally to these Terms.
• e. The User agrees that their engagement with the Company does not violate any applicable local, state, national, or international laws, and that they will not use the Company’s services or platform to engage in any unlawful, defamatory, or unauthorized activity.

2.2 The Company reserves the right to request verifiable proof of age, identity, authority, or legal status at any time. Failure to provide satisfactory documentation may result in refusal of service, termination of engagement, or legal action, at the Company’s sole discretion and without liability.

3. SERVICES AND ENGAGEMENTS

3.1 The Company offers services including but not limited to property development, sales, leasing, property management, site visits, documentation assistance, and real estate consultancy.

3.2 Engagement terms for specific property transactions, consultancy, or development projects shall be governed by separate written agreements. In the absence of such agreements, these Terms shall govern the rights and obligations between the User and the Company.

3.3 The Company reserves the right to make final decisions on pricing, availability, allocation, design specifications, and other matters related to its real estate offerings, unless expressly agreed otherwise in writing.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 All content created or commissioned by the Company, such as brochures, designs, photos, videos, layouts, and marketing material, remains its exclusive property, unless stated otherwise in writing.

4.2 No User or third party may use, copy, modify, or distribute any Company content without prior written permission. Unauthorized use may lead to legal action.

4.3 Contributors grant the Company a royalty-free, global license to use and modify their work for business and marketing purposes, unless agreed otherwise in writing.

4.4 Third-party content remains the property of its original owner. Users must ensure they have proper rights before submitting such content to the Company.

5. CONFIDENTIALITY

5.1 Users may come across confidential information related to the Company’s projects, properties, or internal processes. Such information must not be shared, disclosed, or published without written permission from the Company.

5.2 Any breach of confidentiality may lead to legal action and immediate termination of all ongoing or future engagements.

6. PAYMENT AND COMPENSATION

6.1 Payment terms for services, partnerships, or commissioned tasks will be clearly defined in separate agreements or proposals.

6.2 Unless otherwise agreed, payments must be made in advance or according to agreed project milestones. Delayed payments may result in extra charges, work stoppage, or cancellation of services.

7. LIMITATION OF LIABILITY

7.1 To the maximum extent allowed by law, Shivpuri Real Estate Pvt. Ltd. (“the Company”) shall not be liable to any client, vendor, collaborator, or third party for any indirect, incidental, special, or consequential damages. This includes, but is not limited to, loss of profits, reputation, data, business opportunities, or goodwill arising from:

• a. Delays or disruptions due to third-party service providers, labor issues, equipment failures, regulatory hurdles, weather events, or any force majeure situations;
• b. Decisions made in good faith related to project design, materials, site management, vendor selection, or execution, even if outcomes differ from expectations;
• c. Technical errors, data loss, cyber incidents, or unauthorized access during digital communications or transactions with the Company;
• d. Engagements with third-party platforms, agents, authorities, or service partners not directly controlled by the Company.

7.2 The Company does not guarantee any specific outcomes such as fixed project timelines, resale value, investment returns, or regulatory approvals unless explicitly mentioned in a signed agreement.

8. THIRD-PARTY LINKS AND COLLABORATIONS

8.1 The Company’s website, content, or services may feature links, references, or collaborations involving third-party individuals, vendors, or platforms. The Company does not endorse, control, or assume responsibility for the accuracy, reliability, or practices of such third parties. Users engage with them at their own discretion and risk.

9. AMENDMENTS

9.1 The Company reserves the right to update, revise, or modify these Terms at any time without prior notice. Continued use of the Company’s website, services, or communications following any changes shall constitute the User’s acceptance of the revised Terms.

10. TERMINATION

10.1 Either party may terminate their engagement, agreement, or participation with the Company under the following circumstances:

• a. By written mutual consent of both parties;
• b. If continuation becomes legally impermissible due to changes in applicable laws, government regulations, or judicial orders;

10.2 The Company reserves the right to unilaterally terminate any collaboration, contract, or participation without prior notice:

• a. If the User is found engaging in misconduct, unprofessional behavior, or actions that tarnish the reputation of the Company or its stakeholders;
• b. If the User breaches confidentiality, intellectual property, or non-disparagement obligations;
• c. If the User fails to comply with timelines, obligations, or deliverables critical to the project’s progress.

10.3 Upon termination:

• a. The User shall promptly return or destroy all confidential materials, proprietary data, or unfinished content belonging to the Company;
• b. Any outstanding dues or payments (subject to contractual terms and deliverable completion) shall be settled within 30 (thirty) days of termination;
• c. The Company shall retain ownership of all materials, content, or assets developed or contributed during the collaboration, unless otherwise contractually agreed;
• d. The User shall cease all use, claim, or association with the terminated project(s), brand, or content of the Company.

10.4 All clauses relating to Confidentiality, Intellectual Property Rights, Limitation of Liability, Indemnity, and Governing Law shall survive the termination of any agreement or engagement with the Company.

11. INDEMNITY

11.1 The User hereby agrees to fully indemnify, defend, and hold harmless the Company, its directors, officers, employees, affiliates, licensors, agents, and assigns (“Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, expenses, and costs (including reasonable attorney’s fees and legal costs) arising out of or in connection with:

• a. Any breach of these Terms or any applicable agreement by the User;
• b. Any violation of applicable laws, rules, or regulations;
• c. Any infringement or misappropriation of intellectual property rights, privacy rights, or other third-party rights caused by the User’s actions or content;
• d. Any misconduct, negligence, fraud, or willful default on the part of the User in relation to any project, engagement, or communication with the Company;
• e. Any damages or liabilities arising out of representations made, or actions taken by the User without proper authorization from the Company.

11.2 This indemnity obligation shall not apply to the extent that the claims, losses, or damages arise solely due to gross negligence, willful misconduct, or breach of contract on the part of the Company.

12. GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of India. The courts located in Uttar Pradesh, India shall have exclusive jurisdiction over any dispute, claim, or controversy arising from or related to the Company.