Terms & condition

Terms & Conditions

Last Updated on October 15, 2024

Definitions: Unless explicitly stated otherwise, the capitalized terms outlined below shall carry the meanings ascribed to them:

Account: Refers to the user account created on the Site by the User, in accordance with the terms of the Agreement, subject to registration and approval by PostFreeProperty.

Agreement: Encompasses the Terms and Conditions, Privacy Policy, and any other mutually agreed-upon terms between PostFreeProperty and the User concerning the Services.

Applicable Law: Encompasses any statute, law, regulation, subordinate 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. It includes any governmental, regulatory, statutory, administrative restriction, or similar decision having jurisdiction over the subject matter of this Agreement.

Agents: Includes all brokers, channel partners, sales agencies, and third parties involved in negotiating or acting on behalf of a person in a property transaction. This encompasses sale, purchase, leave and license, lease, or any other form of transfer related to a plot, apartment, or building. The definition covers those engaged in marketing and promoting such property for remuneration or fees, including commissions. It also includes individuals facilitating the introduction of prospective parties for negotiations, such as property dealers, brokers, middlemen, and real estate agents as defined under the Real Estate (Regulation and Development) Act, 2016.

Computer Virus: Encompasses any computer instruction, information, data, or program that harms the performance of a computer resource. This includes attaching itself to another computer resource and operating when a program, data, or instruction is executed or when a specific event occurs in that computer resource.

Confidential Information: Includes all non-public information, regardless of its form or medium, related 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 PostFreeProperty and/or its affiliates or their respective businesses. This also includes information entrusted to PostFreeProperty in confidence by any existing or prospective customer, supplier, investor, or other associated third party, or by any other person or entity.

Content encompasses any information and data available on the Site.

Government Authority includes any government entity, state, or political subdivision, as well as organizations exercising executive, legislative, judicial, regulatory, or administrative functions related to government. This includes government agencies, departments, boards, commissions, instrumentalities, political subdivisions, courts, tribunals, arbitrators of competent jurisdiction, and both Government and non-Government self-regulatory organizations, agencies, or authorities with jurisdiction over the Agreement and the Services mentioned in the Agreement.

The Information Technology Act refers to the Information Technology Act, 2000.

Intellectual Property 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. This applies to data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works and techniques, whether in printed or machine-readable form, not in the public domain or inherently falling within the public domain.

Intellectual Property Rights encompass all rights under patent, trademark, copyright (under the Patents Act, 1970, Trademarks Act, 1999, and Copyright Act, 1957, respectively), common law, licenses, permissions, grants, applications, the right to obtain and hold appropriate registrations, extensions, renewals, causes of action related to infringements or violations, and the right to sue for damages and profits. It also includes the right to sue for and recover Confidential Information.

The Privacy Policy includes the privacy policy of PostFreeProperty described in Section II.

Prohibited Conduct includes the User’s actions that contravene the Agreement and Applicable Law. This involves violating third-party rights, infringing or misappropriating PostFreeProperty’s or any person’s Intellectual Property Rights, attempting unauthorized access to the Site or Services, creating internet links, sending spam, using or storing unlawful material, modifying the Service, impersonating any person or entity, claiming false affiliations, accessing another Account without permission, or providing false User Information.

Registration Data includes the mobile number, email address, username, and other particulars or information required by PostFreeProperty and supplied by the User during the initial application and subscription.

 Personal Information encompasses details such as Aadhaar Card, PAN Card, biometric information, and sensitive financial information like bank account, debit card, and credit card details, pertaining to the User and/or relevant individuals that personally identify them.

Services include the offerings provided by PostFreeProperty within India to Site Users. This involves (a) connecting tenants and owners without brokerage fees, (b) facilitating listing postings for renting properties, (c) assisting Users in purchasing or securing a property through the Site, (d) offering advertising space for products or services on the Site, (e) providing Users with advertisements and promotional messages via the Site, emails, and text messages, and (f) establishing a building-specific network for residents to interact and share neighborhood knowledge.

Site refers to the website owned, operated, and managed by PostFreeProperty Technologies Solutions Private Limited, accessible at the URL www.PostFreeProperty.com (www.PostFreeProperty.com).

Terms and Conditions include the provisions within the Agreement, particularly outlined in Section I.

Third Party Service Provider denotes any service provider with whom PostFreeProperty has an agreement to offer services beyond the core Services to Users.

User refers to any individual accessing the Site or utilizing its Services for hosting, publishing, sharing, transacting, displaying, or uploading information or views. This includes both tenants and property owners, along with other individuals jointly participating in using the Site.

User Information comprises Registration Data, Personal Information, and any other data, details, or information related to the User provided to PostFreeProperty in connection with the Services. This can be through the Site, email, or any other form of communication agreed upon by the User and PostFreeProperty.

INTERPRETATION

Unless the context otherwise requires or a contrary indication appears:

(a) Reference to any legislation or law includes references to any amendments, supplements, or re-enactments that may occur over time, and any mention of a statutory provision encompasses any subordinate legislation made under that provision.

(b) Any reference to a person in this Agreement includes individuals, corporations, partnerships, unincorporated organizations, or governmental agencies. It extends to their successors, permitted assigns, legal representatives, administrators, executors, heirs, and trustees in the case of individuals or trusts.

(c) Headings to Sections and Clauses are for ease of reference and shall be disregarded in interpreting the relevant Sections and Clauses.

(d) The singular includes the plural and vice versa, and words denoting a specific gender include all genders.

(e) The terms ‘other’ or ‘otherwise’ and ‘whatsoever’ are not restricted to any specific category and do not limit the generality of preceding words or matters specifically referred to.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

1. PostFreeProperty commits to providing Services to the User, who, in turn, agrees to utilize these Services in accordance with the terms outlined in this Agreement. The User’s acceptance of the Terms and Conditions and Privacy Policy forms the basis of this Agreement, replacing all prior arrangements between the User and PostFreeProperty related to the Services and Site access.

1. The User acknowledges the binding nature of the Agreement each time they access the Site or complete the registration process.

iii. The User affirms to PostFreeProperty that they are at least 18 years old and capable of entering, performing, and adhering to the Agreement. Users under 18 may access the Site or avail Services with parental or legal guardian involvement, guidance, supervision, and/or prior consent. PostFreeProperty is not responsible for verifying the User’s age.

ACCESS TO THE SITE

1. Initial browsing on the Site is accessible to first-time Users without the need for creating an Account.

1. Users commit to providing User Information, uploading Content, and creating an Account to access specific information and avail Services.

iii. Account verification involves a one-time password request, with each mobile number allowed for a single Account creation. Users are prohibited from creating multiple Accounts, and PostFreeProperty reserves the right to verify and take appropriate action.

1. Users agree to cooperate with PostFreeProperty personnel for necessary connections to their Site access.

SUBSCRIPTION PLANS

1. PostFreeProperty offers various Services through subscription plans, subject to User needs and payment of applicable fees.

1. Subscription fees are non-refundable, except for cases where the User selects the Moneyback Plan, as specified on the Site.

iii. PostFreeProperty may revise subscription plan fees without prior notice. Users will be informed of such revisions, and they agree to pay any revised fees.

USER INFORMATION

1. PostFreeProperty is not responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and Intellectual Property Rights of User Information.

1. PostFreeProperty is not liable for the deletion, correction, destruction, damage, loss, or failure to store any User Information, in whole or in part.

iii. PostFreeProperty reserves the right to withhold access, remove, or discard any User Information from the Site at its sole discretion.

1. PostFreeProperty has the right (but not an obligation) to maintain or forward any User Information and verify its authenticity.

 
4.RIGHTS OF POSTFREEPROPERTY

1. PostFreeProperty retains the right to reject or disable an Account if the User violates any Applicable Law or contravenes this Agreement. This includes, but is not limited to, actions affecting the safe and secure operation of the Site.
2. In accordance with Applicable Law, PostFreeProperty maintains an internal infrastructure for background checks and verification of User Information to ensure that Brokers are registering as Brokers on the Site. If aOwner or Buyer is identified as a Broker, PostFreeProperty reserves the right to reject or disable their Account without cause.
3. PostFreeProperty has the authority to modify, suspend, or terminate any or all parts of the Services, including features, structure, fees, and layout. It may also suspend or deactivate the User Account and/or User’s access to the Site, temporarily or permanently, at any time without prior notice.
4. PostFreeProperty aims to provide Users with advance notice, without any obligation, regarding any suspension or deactivation of the Site. This may be for repair, inspection, testing by a Government Authority, or for maintenance, upgrade, testing, or any other reason deemed fit by PostFreeProperty. The company will make its best efforts to rectify any disruptions or errors on the Site and restore regular operations.
5. PostFreeProperty is authorized to issue notifications, confirmations, and other communications to the User on the Site, through email, text messages, or any other agreed-upon form. It may also send promotional or relevant information about the Services to the User. Users have the right to unsubscribe from receiving such notifications or promotional information at any time by sending an email to chat@PostFreeProperty.com. PostFreeProperty may also send occasional email bulletins containing neighborhood information, tips, suggestions, or offers from third parties. The validity of these offers is not the responsibility of PostFreeProperty.

5.EUROPEAN UNION DATA PROTECTION RIGHTS

1. Subject to Applicable Law and in accordance with the European Union General Data Protection Regulations (EU GDPR), PostFreeProperty acknowledges and undertakes to comply on a best effort basis with the rights available to its Users of European nationality/ EU residents set out below:
2. The right to know the purposes for which the User Information shall be collected and used;
3. The right to access information that personally identifies the User;
4. The right to rectify incorrect information;
5. The right to delete or remove information after discontinuation of the Services;
6. The right to data portability;
7. The right to restrict data or information from being processed; and
8. The right to opt out of providing or sharing information with PostFreeProperty.
9. The Users of PostFreeProperty to whom the EU GDPR applies, understand and acknowledge that these rights shall at all times be subject to Applicable Law and are not an exhaustive list of the rights available pursuant to the EU GDPR. The relevant Users shall exercise any of these rights by raising a personal and direct request with PostFreeProperty on chat@PostFreeProperty.com.

10.UNAUTHORIZED ACCESS

1. The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.
2. Subject to Applicable Law, the User is responsible for notifying PostFreeProperty immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of PostFreeProperty.
3. PostFreeProperty shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, PostFreeProperty shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing PostFreeProperty about such unauthorized access
4. In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.

4. USE OF INFORMATION

1. PostFreeProperty undertakes that the procurement, storage, usage and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made thereunder and other relevant Applicable Laws.
2. The User hereby irrevocably and unequivocally authorizes PostFreeProperty to utilize User Information for the purposes including those set out below:
3. provision of Services in accordance with the Agreement;
4. disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need to know basis for provision of the Services;
5. contacting a Third Party Service Provider and/ or facilitating/ enabling the services of a Third Party Service Provider for the User pursuant to the arrangement between PostFreeProperty and such Third Party Service Provider;
6. conducting internal studies, consumer research, surveys and preparing reports in connection with the Services;
7. entering the registration data for an Account or receiving alerts, contacting a property seller/ buyer; and
8.  sending alerts, contact details, promotional messages and promotional calls whether by PostFreeProperty itself or through its partners/ vendors and sub-partners/ sub-vendors.
9. disclosing to third parties (including law enforcement agencies and the User’s building management personnel) personally identifiable information where PostFreeProperty has reasonable cause to believe that the Users are guilty of any Prohibited Conduct.

5. Third party services

(a) Subject to the need and request of the User, PostFreeProperty shall engage, directly or indirectly, the services of Third-Party Service Providers from time to time in order to provide the Services to the Users, in accordance with the terms and conditions separately agreed to between PostFreeProperty and such Third-Party Service Provider.

(b) PostFreeProperty may recommend services of a Third-Party Service Provider to the User to provide a one stop shop experience in relation to ancillary services, including but not limited to packaging and moving furniture, neighborhood information or doorstep registration facilities to the User.

(c) PostFreeProperty shall have the unequivocal consent of the User to share User Information, in whole or in part, with the Third-Party Service Provider, without intimation to the User.

(d) The Site may serve as a platform for relevant and interested Third Party Service Providers for the purposes of advertising or promoting their services in relation to the Services provided by PostFreeProperty.

(e) Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of PostFreeProperty or any Third-Party Service Provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.

6.Tailored Advertising

(a) The User acknowledges and agrees that Third Party Service Providers may use cookies or similar technologies to collect information about the User’s pattern of availing the Services, in order to inform, optimize, and provide advertisements based on the User’s visits on the Site and general browsing pattern and report how Third-Party Service Providers advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the User’s visits on such third party’s website.

(b) PostFreeProperty also permits Third Party Service Providers to serve tailored advertisements to the User on the Site, and further permits them to access their own cookies or similar technologies on the User’s device to access the Site or avail the Services.

(c) The User undertakes and agrees that when accessing the Services from a mobile application the User may also receive tailored in-application advertisements. Each operating system provides specific instructions on the prevention of tailored in-application advertisements.

(d) It is to be noted that PostFreeProperty does not guarantee the accuracy, integrity or quality of any content provided by such Third-Party Service Provider. Further, the Users interactions with such Third-Party Service Providers found on or through the Services provided by PostFreeProperty on the Site, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Users and the Third Party Service Providers. In no event shall PostFreeProperty be liable for any damages arising out of any interaction between the User and such Third Party Service Provider. The information provided on the Site is provided to the Users on an “AS IS, WHERE IS” basis.

7. POSTFREEPROPERTY PLATFORM

The Users agree and acknowledge that PostFreeProperty is only an online platform that allows the Users to interact with each other for the purpose of listing their property on the Site and/or searching for appropriate options. The Users further understand and accept that:

1. The Users are ultimately responsible for choosing and/or interacting with other Users on the Site and PostFreeProperty is only a facilitator that shall not be held responsible or liable for the selection and/or interaction of the Users with other Users on the Site.
2. PostFreeProperty may provide the Users the profile previews of other Users who may be suitable to tender to the requirements of the Users based on information that the Users provide to PostFreeProperty. Please note that PostFreeProperty (i) does not recommend or endorse any other User i.e it does not endorse any house owners and tenants registered on the Site; and (ii) does not make any representations or warranties with respect to the other Users or the property listed by them. PostFreeProperty shall not be liable, for any reason whatsoever, for any disputes amongst the Users and there is no liability on PostFreeProperty for the consequences that the Users may be subjected to while dealing with other Users on the Site.
3. Information regarding all the Users and/or any third party whose services the Users avail through the Site as displayed on the Site is intended for general reference purposes only. Such information is mainly self-reported by the Users and/or the third party and may change from time to time or become out of date or inaccurate. The Users are encouraged to independently verify any such information the Users see on the Site with respect to the other Users or the property listed by them.
4. The Users understand and agree that any interactions and associated issues with the other Users and/or the third parties with whom the Users interact through the Site or the third party whose services the Users avail through the Site including but not limited to any service-related issues, any Prohibited Conduct issue, any fraudulent activity is strictly amongst the Users and/or the third party and the User shall not hold PostFreeProperty responsible for any such interactions and associated issues. If the Users decide to engage with other Users, the Users do so at their own risk.
5. PostFreeProperty cannot assure that all the transactions will be completed nor does PostFreeProperty guarantee the ability or intent of the Users to fulfil their obligations under any transaction. PostFreeProperty advises the Users to perform their own investigation prior to selecting and/or interacting with the other Users on the Site.

8.CONTENT ON THE SITE

PostFreeProperty shall endeavor to ensure that the Content on its Site is monitored to ensure that the same is not in contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not do any of the following via the Site or otherwise in connection with the Service:

(i) attempt or help anyone else attempt to gain unauthorized access to the Site or PostFreeProperty’s related systems or networks (including without limitation the impersonation of another User or use of a false identity or address to gain access to the Site);

(ii) use the Site to violate the Intellectual Property Rights of any person (including without limitation posting pirated music or computer programs or links to such material on Site or on the User’s Profile);

(iii) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws;

(iv) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;

(v) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

(vi) interfere with or disrupt the integrity or performance of the Service or the data contained therein;

(vii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or any content contained in or made available through the Service in any way;

(viii) modify or make derivative works based upon the Service or the Content of PostFreeProperty;

(ix) create internet “links” to the Site or “frame” or “mirror” any Content on any other server or wireless or internet-based device; or

(x) reverse engineer or access the Service in order to (a) build a product competitive with the Service, (b) build a product using ideas, features, functions or graphics similar to those of the Service, or (c) copy any ideas, features, functions or graphics contained in the Service.

9. USER GENERATED CONTENT

The Site may contain user generated content (“UGC”) which PostFreeProperty does not pre-screen and which contains views that may be opinions of Users and also of experts. These views do not represent PostFreeProperty’s views, opinions, beliefs, morals or values. PostFreeProperty does not claim any ownership rights in the text, files, images including photos, videos, sounds, musical works or any UGC that the Users submit or publish on the Site. After posting any UGC on the Site, the Users continue to own the rights that the Users may have in that UGC, subject to the limited license set out here. PostFreeProperty shall do its best to monitor, edit or remove such UGC where PostFreeProperty considers it appropriate or necessary to do so. PostFreeProperty does not promise that the content in or on the Site is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the Intellectual Property Rights of third parties.

The Users hereby expressly acknowledge and agree that PostFreeProperty will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User on the basis of any UGC.

10. INTELLECTUAL PROPERTY

1. PostFreeProperty respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or right to use of any information that the Users submit via the Site and the Users may not use the Site to transmit or reproduce someone else’s Intellectual Property.
2. The User shall be held liable for acts including but not limited to those set out below herein, for any such infringement of PostFreeProperty’s Intellectual Property Rights:

(a) misrepresentation of User Information or Content as their own property;

(b) using the Content directly or indirectly, publicly or privately for charging brokerage from the Users;

(c) using the Content directly or indirectly, publicly or privately for charging brokerage from any third party; and

(d) using the Content to display Broker like behaviour.

iii. The User shall not upload, post or otherwise make available on the Site, Intellectual Property without the express permission of the concerned owner and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.

1. PostFreeProperty reserves the right to initiate appropriate legal proceedings against any User or third party for an infringement of its Intellectual Property Rights, in accordance with Applicable Law.
2. The User further accepts and agrees that PostFreeProperty shall have Intellectual Property Rights on all information and data provided or shared by the User on the Site.
   
   

11. OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS

1. PostFreeProperty does not warrant in any manner whatsoever that the Site or any other software utilized by PostFreeProperty for internal purposes, shall at all times remain free from any harmful components and operational hazards such as Computer Virus, worms, trojans and such related components that might be a threat to the information available with PostFreeProperty.
2. PostFreeProperty shall endeavor to keep the Site secured against any possible bugs, viruses or other technical problems in compliance with the best practices of this industry.

iii.PostFreeProperty shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, Computer Virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.

12. DISCLAIMER

(a) The information and opinions available on the Site in relation to the Services are mere guidelines for the purposes of providing general information on the subject and the exchange of property and any other information through or on the Site is not an offer and/or recommendation from/ by PostFreeProperty.

(b) The Content should not be regarded as legal, financial or real estate advice for the User. PostFreeProperty advises the User to make independent enquiries and obtain professional advice before making legal, financial or real estate decisions. The measurements, prices and locations provided on the Site are approximate and no responsibility is taken by PostFreeProperty for any error, omission or misunderstanding in construing those particulars.

(c) The Services are chosen and used at the User’s risk and discretion and PostFreeProperty makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.

(d) The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users/ persons/ Third Party Service Providers on and through the Site, and the User shall be solely responsible for such User’s personal assessment of specific requirements with regard to interaction with other Users/ persons/ Third-Party Service Providers.

(e) PostFreeProperty expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any Content/ listing posted on the Site/ made available to PostFreeProperty by any User or any third party or any deficiency in service that is caused to the User due to a Third-Party Service Provider.

(f) PostFreeProperty does not warrant the Services or the results obtained from the use or that the Services will meet the User’s expectations or requirements or that the Site will be uninterrupted or free from any technical error.

(g) PostFreeProperty is not responsible for the accuracy or reliability of any third-party reports, market information, studies and analysis made available on the Site and any external web links mentioned on the Site.

(h) PostFreeProperty does not have the obligation to physically meet, conduct background or police verification of the Users. This is on a best-effort basis and has its own limitations. PostFreeProperty accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.

(i) PostFreeProperty shall not be liable for any damages, expenses, costs or losses incurring from the User’s engagement in Prohibited Conduct and availing services of Third-Party Service Providers.

(j) PostFreeProperty shall not be held liable or responsible for indemnifying, refunding or reimbursing any User for any loss, damages or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User’s Account.

(k) PostFreeProperty shall not be liable for any third party fees, costs, charges or expenses incurred by the User for accessing the Site or availing the Services. PostFreeProperty shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever and any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to PostFreeProperty.

(l) PostFreeProperty neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party Service Providers on the Site. These parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. PostFreeProperty assumes no responsibility or liability whatsoever for the User’s receipt or use of such tailored advertisements.

(m) PostFreeProperty shall not be liable for the non-performance or defective or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs or industrial action.

13. LIMITATION OF LIABILITY

‘PostFreeProperty’s total aggregate liability under this Agreement and in relation to anything which PostFreeProperty 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 PostFreeProperty arises. ‘,

14. INDEMNITY

PostFreeProperty 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 PostFreeProperty, 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.

15. REAL ESTATE REGULATORY AUTHORITY

(a) For the purposes of this Agreement and Services related thereto, it shall be deemed that the Users are aware about the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India. PostFreeProperty recommends that the Users periodically visit the concerned RERA website for updates and information in relation to any property listed on the Site, prior to finalizing any deal or transaction.

(b) PostFreeProperty does not endorse or advertise any property listed on the Site and it shall not be held liable for listing any property on its Site where such property is in violation of the rules made under RERA of the concerned state. Further, it shall not be deemed by the Users that PostFreeProperty has any connection or relation with the parties listing their properties on the Site.

16. USER GRIEVANCE

Any User grievance relating to the discrepancies or misuse of information so provided to PostFreeProperty may be addressed to the grievance officer, whose details are provided below appointed by PostFreeProperty for this purpose.

Name : Anupama

Designation : Vertical Head

Email Id : chat@PostFreeProperty.com

The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.

17. GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs)/ REPORT A FRAUD

The LEAs can send us the legal requests/ notices to us on chat@PostFreeProperty.com or anupama@PostFreeProperty.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 – 9036619356 , across all 7 days a week, between 10:00 AM to 7:00 PM. We will try to respond within 72 hours of receiving the request.

18. WAIVER AND SEVERABILITY

1. No failure or delay on the part of PostFreeProperty in exercising any right or remedy shall operate as a waiver of such right or remedy.
2. In the event that any of the terms and conditions of the Agreement are declared as invalid or unenforceable by a court of competent jurisdiction, such enforceability or invalidity shall not render the other terms and conditions as invalid or unenforceable as a whole.

iii. The invalid or unenforceable provision shall be construed to reasonably reflect the actual intention of the party (in this case, PostFreeProperty) while drafting it.

19. AMENDMENT

(a) PostFreeProperty shall change, update or modify this Agreement, in whole or in part, without any prior notice to the User, provided, however, that, a notification of such change, updation or modification will be made available on the Site.

(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.

20.GOVERNING LAW AND JURISDICTION

Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Bengaluru shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, PostFreeProperty shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Bengaluru that it may in its sole discretion deem appropriate and convenient.