DEFINITIONS
Unless explicitly stated otherwise, the capitalized terms outlined below shall retain the meanings ascribed to them:
- Agreement: Refers to the collective embodiment of the Terms and Conditions, Privacy Policy, and any supplementary agreements mutually established between NoDalaal and the User concerning the Services.
- Applicable Law: Encompasses statutes, regulations, ordinances, rules, orders, judgments, directives, clearances, and analogous legal pronouncements issued by governmental, regulatory, or administrative bodies having jurisdiction over the Agreement’s subject matter.
- Broker: Encompasses brokers, sales agencies, channel partners, and other intermediaries operating on behalf of individuals in property-related transactions. This also includes individuals engaged in marketing, promoting, or negotiating property transfers for compensation or service fees.
- Computer Virus: Constitutes any code, data, or instruction capable of negatively affecting a computer system’s performance, whether by destruction, damage, or degradation, and may operate through the execution of programs or occurrence of specific events.
- Confidential Information: Encompasses non-public data in any form that pertains to NoDalaal’s or affiliates’ assets, practices, methods, strategies, agreements, negotiations, intellectual property, and related business facets.
- Content: Embraces all information and data available on the Site.
- Government Authority: Signifies governmental entities, regulatory agencies, courts, tribunals, and other competent bodies exercising governmental functions.
- Information Technology Act: Refers to the Information Technology Act of 2000.
- Intellectual Property: Includes patents, trademarks, copyrights, trade secrets, designs, confidential information, and any related proprietary knowledge and materials.
- Intellectual Property Rights: Encompasses all legal rights related to intellectual property, including patents, trademarks, copyrights, and their associated licenses, permissions, and applications.
- NoDalaal: Denotes NoDalaal, including its representatives, officers, and employees, and the associated Site.
- Privacy Policy: Describes the comprehensive privacy policy established by NoDalaal, as detailed in Section II.
- Prohibited Conduct: Encompasses actions by users that breach the Agreement, violate third-party rights, infringe on NoDalaal’s intellectual property, seek unauthorized access, generate spam, store unlawful materials, or engage in impersonation or fraudulent activities.
- Registration Data: Comprises mobile numbers, email addresses, usernames, and other particulars required by NoDalaal and supplied by users during application and subscription.
- Personal Information: Includes Aadhaar Card, PAN Card details, biometric information, financial data (bank account, credit/debit card), and any personally identifiable sensitive information.
- Services: Encompasses NoDalaal’s offerings within India, including connecting tenants and owners, property posting services, property procurement services, documentation assistance, advertisement services, user interaction facilitation, payment services, and connecting users to third-party service providers.
- Site: Incorporates the website www.NoDalaal.com and the mobile application managed by NoDalaal.
- Terms and Conditions: Encompasses the terms outlined in the Agreement’s Section I.
- Third Party Service Provider: Refers to service providers collaborating with NoDalaal to extend additional services beyond the core offerings.
- User: Encompasses individuals accessing the Site or availing Services for various purposes, including property listing, transacting, sharing information, and other participatory activities.
- User Information: Encompasses Registration Data, Personal Information, and any data submitted by the User to NoDalaal through various communication channels in connection with the Services.
INTERPRETATION
In cases where the context does not dictate otherwise or present a contrary implication:
(a) Legislative and Legal References:
• Any mention of legislation or law encompasses any amendments, supplements, or re-enactments of that legislation or law. Similarly, references to statutory provisions include subordinate legislations issued under said provisions.
(b) Comprehensive Scope of Persons:
• The term “person” includes individuals, corporations, partnerships, unincorporated organizations, and governmental agencies. This extends to their respective successors and authorized assigns. In the case of individuals, it includes legal representatives, administrators, executors, heirs, and for trusts, the current trustees.
(c) Role of Headings:
• Headings within Sections and Clauses serve as aids for easy reference only and do not influence the interpretation of the corresponding Sections and Clauses.
(d) Flexibility of Gender and Number:
• The singular form includes the plural, and vice versa. Any reference to a particular gender extends to all genders.
(e) Open-Ended References:
• The terms “other,” “otherwise,” and “whatsoever” are not to be limited by the principle of ejusdem generis, nor do they constrain the breadth of preceding terms or the matters they specifically encompass.
ACCEPTANCE OF THE TERMS AND CONDITIONS - Agreement to Provide and Avail Services:
• NoDalaal commits to providing Services to the User, who in turn agrees to avail of these Services in line with this Agreement. The User’s acceptance of the Terms and Conditions and Privacy Policy constitutes the Agreement between the User and NoDalaal. This Agreement supersedes any preceding arrangements concerning Services and Site access. - Consistent Agreement upon Access:
• Each instance of Site access, completion of the registration process, or utilization of Services signifies the User’s commitment to abide by this Agreement. - User Representation and Age Requirement:
• The User represents and assures NoDalaal that they are at least 18 years old and capable of adhering to this Agreement. Users below 18 may only access the Site or use Services under the guidance or with the consent of parents/legal guardians. NoDalaal is not responsible for verifying Users’ age.
ACCESS TO THE SITE - Initial Browsing:
• First-time Users can browse the Site preliminarily without the necessity of creating an Account. - Account Creation and Content Submission:
• Users commit to providing User Information, uploading Content, and creating an Account to access specific information and avail Services. - Account Verification:
• NoDalaal can verify Accounts by requesting a one-time password from Users. A mobile number/Email can only be used once for Account creation. Users are barred from creating multiple Accounts, and NoDalaal retains the right to detect such cases and take appropriate actions. - Cooperation with NoDalaal’s Personnel:
• Users agree to collaborate with NoDalaal’s personnel for any interactions needed to facilitate their Site access, as deemed necessary by NoDalaal.
SUBSCRIPTION PLANS - Service Combination and Subscription:
• NoDalaal extends Services that Users can subscribe to based on their requirements, subject to the payment of relevant fees. - Non-Refundable Subscription Fee:
• The subscription fee if any paid by Users is generally non-refundable. However, exceptions apply when the User selects the Moneyback Plan, as outlined on the Site. - Subscription Fee Revisions:
• NoDalaal retains the authority to adjust subscription fees if any without prior notice. Such revisions can occur before, during, or after the subscription’s tenure. NoDalaal will inform Users of these fee changes, and Users must remit any additional amounts as a result of such changes.
USER INFORMATION - NoDalaal’s Information Responsibility:
• NoDalaal assumes no accountability for the accuracy, quality, legality, integrity, reliability, and Intellectual Property Rights concerning User Information. - User Information Handling:
• NoDalaal bears no responsibility or liability for the deletion, correction, damage, destruction, failure to store, or partial loss of User Information. - User Information Management by NoDalaal:
• NoDalaal maintains the prerogative to retain, delete, or discard any portion or entirety of User Information on the Site at its sole discretion. - User Information Verification:
• NoDalaal holds the right, though not the obligation, to maintain and cross-verify User Information while making it accessible through the Site or other means.
RIGHTS OF NODALAAL - Account Rejection or Disabling:
• NoDalaal reserves the right to reject or disable any Account due to the User’s violation of Applicable Law, contravention of this Agreement, or any other reason jeopardizing the Site’s secure operation. - Broker Detection and Account Actions:
• Under Applicable Law, NoDalaal employs internal mechanisms for background checks and User Information verification, particularly to identify Brokers. If a User is identified as a Broker, NoDalaal can reject or disable their Account without providing a reason. - Service Modification and Account Actions:
• NoDalaal retains the authority to modify, suspend, or terminate Services, including their features, layout, fees, and structure. Additionally, NoDalaal can temporarily or permanently suspend or deactivate User Accounts or access to the Site, without prior notice. - Advance Notice for Site Suspension:
• Whenever possible, NoDalaal aims to provide Users with advance notice of Site suspension. Such suspension might occur for repairs, inspections, governmental actions, maintenance, or any other reasonable cause. Efforts will be made to rectify disruptions and restore normal operations. - User Communications and Notifications:
• NoDalaal has the right to send notifications, confirmations, and communications to Users through various channels, including the Site, email, or text messages. Users may also receive promotional information. Users can choose to unsubscribe from such notifications.
EUROPEAN UNION DATA PROTECTION RIGHTS - Compliance with EU GDPR:
• In accordance with the European Union General Data Protection Regulations (EU GDPR), NoDalaal commits to adhering to EU GDPR rights available to Users of European nationality or EU residents. - Enumerated User Rights:
• These rights encompass purposes of data collection, access, rectification, data removal, data portability, data processing restrictions, and opting out of sharing information with NoDalaal. - User Responsibility and Requests:
• Users subject to EU GDPR can exercise these rights by directly contacting NoDalaal through the provided email address.
UNAUTHORIZED ACCESS - Account Responsibility:
• The User is accountable for actions conducted through their Account and the security of Account details and passwords. - Immediate Unauthorized Access Notification:
• The User is obligated to promptly inform NoDalaal in case of unauthorized Account access or misuse causing a security breach. - NoDalaal’s Action and Limitation:
• NoDalaal will promptly terminate or suspend the compromised Account and take other necessary safety measures. NoDalaal cannot be held responsible for unauthorized access consequences or losses. - Password Protection:
• For enhanced User Information security, Users are encouraged to periodically change their Account passwords.
USE OF INFORMATION
i. Data Handling NoDalaal ensures that the collection, storage, usage, and sharing of information, including User Information and Content, will at all times align with the Information Technology Act 2000, related rules, and other applicable laws, even after the Services end or the Agreement terminates.
ii. Authorized Usage The User unconditionally authorizes NoDalaal to employ User Information for various purposes, including:
• Providing Services as per the Agreement.
• Sharing User Information with authorized personnel for Service provision.
• Facilitating Third-Party Service Provider engagement.
• Conducting internal studies and preparing reports related to Services.
• Sending alerts, contact details, and promotional messages.
iii. Third Party Involvement (a) As per User needs, NoDalaal may engage Third-Party Service Providers to deliver Services, based on separate agreements. (b) NoDalaal might suggest Third-Party Service Providers for auxiliary services. (c) User Information may be shared with Third-Party Service Providers as required. (d) The Site can host Third Party Service Providers’ advertisements. (e) This arrangement doesn’t establish agency or partnership between NoDalaal and Third-Party Service Providers.
iv. Tailored Advertising (a) Third-Party Service Providers may use cookies to inform and optimize advertisements based on User interactions. (b) Third-Party Service Providers can serve tailored ads on the Site and access their own cookies on User devices. (c) In-app advertisements might be tailored on mobile applications. (d) NoDalaal isn’t liable for Third-Party Service Providers’ content accuracy.
NODALAAL PLATFORM
The Users acknowledge that NoDalaal functions as an online platform, enabling Users to interact and list properties. The Users understand and accept:
i. Users are responsible for interactions and NoDalaal isn’t liable for User choices.
ii. NoDalaal may present profile previews but doesn’t endorse or recommend Users.
iii. Information on Users and third parties is for reference and may change.
iv. NoDalaal isn’t responsible for Users’ interactions or disputes.
NODALAAL PAY TERMS & CONDITIONS
i. Payment Role Users can make various payments through NoDalaal’s authorized payment gateways. Users must provide accurate information and are responsible for its completeness.
ii. Authorization Users authorize NoDalaal to handle funds according to their instructions for transfer.
iii. Fees Users might be charged service fees for payments.
iv. Transaction Limits NoDalaal can suspend or reject transactions for various reasons.
v. Chargebacks Chargebacks can occur in disputed, reversed, or unauthorized transactions.
vi. Liability NoDalaal isn’t liable for User disputes with Processors.
vii. Fraud and Restrictions NoDalaal may ask for additional documents and refunds could be provided for valid transactions.
viii. Refunds Refunds are issued for certain cases.
ix. User Responsibility Users are responsible for their actions on NoDalaal and for anyone authorized to use their account.
TERMS & CONDITIONS FOR CREDIT BUREAU CREDIT SCORE
This Agreement (“Agreement”) is made between you (“User” or “You”) and NoDalaal. In this Agreement, “NoDalaal,” “Us,” or “We” refer to NoDalaal and “User” or “You” refers to the individual agreeing to this Agreement.
As part of this Agreement, you hereby consent to NoDalaal acting as your authorized representative for receiving your Credit Information from Experian. This is done for the purpose of assessing your eligibility for personal/home loans and other related purposes (“End Use Purpose”).
By executing this Agreement/Consent Form, you are expressly agreeing to access your Experian Credit Information Report, Credit Score, aggregate scores, inferences, references, and details (collectively referred to as “Credit Information”). You also acknowledge and accept the terms and conditions set forth herein.
Terms and Conditions:
Information Collection, Use, Confidentiality, No-Disclosure, and Data Purging:
NoDalaal will access your Credit Information as your authorized representative and will utilize it for limited End Use Purposes related to the services you intend to avail from NoDalaal. We shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell, or rent the Credit Information to any other entity except as agreed herein and in compliance with applicable law, including the CICRA.
Both parties agree to maintain the confidentiality of the credit information both in online and offline contexts.
The Credit Information you provide or we receive on your behalf will be promptly destroyed, purged, or erased upon the completion of the transaction/End Use Purpose for which the Credit Information report was obtained. This period will not exceed 6 months.
Governing Law and Jurisdiction:
The legal relationship between you and NoDalaal shall be governed by the laws of India, and any claims or disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts located in Pune-Maharashtra.
Definitions:
Unless otherwise defined, capitalized terms used in this Agreement shall have the following meanings:
• “Business Day” refers to any day (excluding public holidays) on which banks are operational in Pune.
• “Credit Information Report” pertains to the credit information, scores, aggregates, variables, inferences, or reports generated by Experian.
• “Credit Score” signifies the score computed by Experian and mentioned on the Credit Information Report.
• “CICRA” stands for the Credit Information Companies (Regulation) Act, 2005, along with its rules, regulations, and subsequent amendments.
For any terms not defined above, the commonly accepted meanings will apply.
CONTENT ON THE SITE:
NoDalaal is committed to monitoring the content on its Site to ensure compliance with Applicable Law and the terms of this Agreement. Users agree not to engage in the following activities on the Site or in connection with the Service:
(i) Unauthorized access attempts to the Site or NoDalaal’s systems/networks.
(ii) Violation of others’ Intellectual Property Rights.
(iii) Sending unsolicited messages or spam.
(iv) Posting unlawful or harmful content.
(v) Distributing harmful computer code.
(vi) Disrupting the Service’s integrity or performance.
(vii) Commercially exploiting the Service.
(viii) Creating unauthorized links or reproducing Content.
(ix) Reverse engineering the Service.
USER GENERATED CONTENT:
The Site may contain user-generated content (UGC) that NoDalaal doesn’t pre-screen. Views expressed in UGC are not endorsed by NoDalaal. NoDalaal does not claim ownership of UGC, and users remain owners of their content. NoDalaal may monitor, edit, or remove UGC when necessary.
Users acknowledge that NoDalaal is not liable for losses caused by actions based on UGC.
INTELLECTUAL PROPERTY:
Users must respect Intellectual Property Rights. NoDalaal reserves the right to take legal action against users for Intellectual Property infringement, including unauthorized use of Content and misrepresentation of ownership.
NoDalaal retains rights to information shared by users on the Site.
OPERATIONAL HAZARDS/COMPUTER VIRUS ATTACKS:
NoDalaal aims to keep the Site secure but does not guarantee it’s free from harmful components. NoDalaal is not liable for damages caused by technical issues or security breaches.
RENTAL AGREEMENT:
Users availing rental agreement services from NoDalaal must adhere to terms specified. Users agree to not hold NoDalaal liable for disputes or losses arising from such services.
DISCLAIMER:
(a) Information and opinions on the Site are general guidelines, not offers or recommendations.
(b) Content is not legal/financial/real estate advice.
(c) Services are used at the User’s risk; NoDalaal makes no warranties.
(d) Users assume risks when interacting with others on the Site.
(e) NoDalaal isn’t liable for third-party content or services.
(f) NoDalaal doesn’t guarantee uninterrupted Services.
(g) Accuracy of third-party reports isn’t guaranteed.
(h) NoDalaal doesn’t verify users physically.
(i) NoDalaal is not liable for losses from Prohibited Conduct or Third-Party Service Providers.
(j) NoDalaal isn’t responsible for tailored advertisements by third parties.
(k) NoDalaal isn’t liable for non-performance due to specified reasons.
(l) NoDalaal isn’t liable for third-party fees.
(m) NoDalaal isn’t liable for certain acts causing damage.
GRANT OF RIGHTS TO NODALAAL’S FINANCE PARTNERS:
Users authorize NoDalaal to share information with finance partners. Users agree to communication from finance partners and sharing information for verification and other purposes.
LIMITATION OF LIABILITY:
NoDalaal’s total liability is limited to fees paid for availing Services.
INDEMNITY:
Users indemnify NoDalaal for losses arising from their actions, breaches, or third-party claims.
REAL ESTATE REGULATORY AUTHORITY:
Users acknowledge RERA rules and NoDalaal’s limited role.
GUIDELINES FOR LAW ENFORCEMENT AGENCIES/REPORT A FRAUD:
LEAs can contact NoDalaal for assistance. Users can report fraud to designated contacts.
WAIVER AND SEVERABILITY:
NoDalaal’s failure to act doesn’t waive rights. If a term is deemed invalid, other terms remain valid.
AMENDMENT:
NoDalaal may change or modify this Agreement and Continued use implies acceptance.
GOVERNING LAW AND JURISDICTION:
Disputes are subject to Indian laws and Pune courts, and NoDalaal retains the right to take action in other jurisdictions.