These Terms and Conditions (“Terms”) constitute a legally binding agreement between VENUSXIOSPACE, a product under UPSPRING TECHNOLOGIES PRIVATE LIMITED, a company duly incorporated under the laws of India, having its registered office at its principal place of business (hereinafter referred to as the “Company”), and any individual or entity accessing or using the Platform (“Broker/User”).
By accessing, registering on, or using the Platform, the Broker/User expressly agrees to be bound by these Terms.
“Platform” shall mean the Company’s website, mobile application, and all associated services, systems, and software.
“Services” shall include, without limitation, property listings, lead generation, customer relationship management tools, analytics, and related offerings.
“RERA” shall mean the Real Estate (Regulation and Development) Act, 2016, along with all rules, regulations, and amendments thereto.
“Authority” shall mean the Real Estate Regulatory Authority established under RERA.
Words importing singular shall include plural and vice versa; references to statutes shall include amendments and re-enactments.
These Terms shall come into effect upon access or use of the Platform.
The Broker/User acknowledges that continued use constitutes unconditional and irrevocable acceptance of these Terms.
If the Broker/User does not agree, they must immediately cease all use of the Platform.
The Company may, at its sole discretion, offer a free trial period of forty-five (45) days, during which the User may access limited or full Services as determined by the Company. The Company reserves the right to modify, extend, restrict, or withdraw the free trial at any time without prior notice.
Upon completion of the free trial period, continued access to the Platform shall require activation of a paid subscription plan.
The Broker/User represents and warrants that they are legally competent to enter into a binding agreement.
The Broker/User shall comply with all applicable laws, including but not limited to RERA, local real estate regulations, tax laws, and data protection laws.
The Company reserves the absolute right, at its sole discretion, to refuse, suspend, or terminate access without assigning reasons.
The Broker/User shall provide accurate, complete, and current information at all times.
The Broker/User shall be solely responsible for safeguarding login credentials and account activity.
Any action carried out through the account shall be deemed to have been authorized by the Broker/User.
The Company shall not be liable for any unauthorized use arising from negligence or failure to secure account details.
The Broker/User agrees to provide all documentation required for identity verification and compliance purposes.
The Company reserves the right to conduct independent verification, background checks, and due diligence.
The Broker/User expressly consents to such verification and processing of personal data.
The Company grants a revocable, non-exclusive, non-transferable, and limited license to access and use the Platform.
No ownership or proprietary rights are transferred under this Agreement.
Any unauthorized use shall constitute a material breach and may result in legal action.
The Broker/User shall not:
Any violation shall be deemed a material breach, entitling the Company to immediate remedial action.
The Broker/User shall bear sole responsibility for all content, listings, and data uploaded.
All listings must be accurate, lawful, and compliant with applicable regulations, including RERA disclosure requirements.
The Company reserves the unrestricted right to review, modify, or remove any content without prior notice.
The Broker/User agrees to pay all applicable fees, charges, or commissions as prescribed by the Company for access to the Platform and Services.
All payments made towards subscription plans or services shall be non-refundable, except as expressly provided under Clause 10.5.
The Company reserves the right to revise pricing, subscription plans, and service charges at its sole discretion, with prior reasonable notice to Users.
All payments shall be made only through authorized payment methods provided or approved by the Company, including but not limited to UPI (such as Paytm, PhonePe, Google Pay, or other UPI applications), debit cards, credit cards, net banking, or any other third-party payment gateway approved by the Company. Payments must be completed in full prior to activation of Services, unless otherwise specified.
Refund Policy: A refund request, if eligible, shall only be entertained if made within ten (10) days from the date of subscription payment, subject to verification and approval by the Company. No refund shall be processed after the said period under any circumstances.
Refunds, if approved, shall be processed within a reasonable timeframe as determined by the Company and shall be credited through the original mode of payment or any other method decided by the Company.
Payment Confirmation and Validity Condition: Where payment is made through any third-party payment method, including but not limited to UPI applications, debit cards, credit cards, net banking, or payment gateways, the subscription shall be deemed valid only upon actual receipt and confirmation of funds in the Company’s designated bank account or authorized payment system.
The Company shall not be liable for any delay, failure, chargeback, reversal, or non-credit of payment arising due to technical failures, banking issues, network errors, incorrect payment details, or failure of third-party payment gateways.
In cases where payment is initiated but not successfully reflected in the Company’s account, the subscription shall be treated as inactive and non-effective, and the Company shall not be obligated to provide Services until successful confirmation of payment.
The Broker/User expressly acknowledges that the Company bears no responsibility or liability for disputes arising from third-party payment failures, including those involving UPI, debit card, credit card, or any payment gateway providers.
The Broker/User shall maintain valid registration with the Real Estate Regulatory Authority where required.
The Broker/User shall:
Non-compliance shall constitute a material breach and may result in immediate suspension, termination, and reporting to regulatory authorities.
The Broker/User shall strictly refrain from:
All intellectual property rights in the Platform, including software, trademarks, and content, are exclusively owned by the Company.
Unauthorized use shall result in legal proceedings.
The Broker/User shall maintain strict confidentiality of all proprietary and client-related information.
This obligation shall survive termination indefinitely.
The Company reserves the right to suspend or terminate access without prior notice upon:
Such termination shall be without prejudice to the Company’s other legal rights.
The Platform is provided on an “as-is” and “as-available” basis without warranties of any kind.
The Company expressly disclaims all warranties, whether express or implied.
Under no circumstances shall the Company be liable for any indirect, incidental, special, or consequential damages.
The Broker/User expressly acknowledges and agrees that the Company shall not be held liable or responsible, in any manner whatsoever, for any loss, damage, misuse, alteration, disclosure, or destruction of data, whether personal or business-related, arising out of or in connection with any unauthorized access to, hacking of, breach of security of, or cyberattack on the Platform, systems, servers, or databases of the Company.
This limitation of liability shall apply irrespective of the source of such unauthorized access or breach, including but not limited to acts by third parties, individuals, entities, malicious software, cybercriminals, or any external service providers.
The Broker/User further acknowledges that no system is completely secure and agrees to use the Platform at their own risk.
The Company shall not be liable even in cases where such incidents occur despite reasonable security measures being implemented, and the Broker/User agrees to hold the Company harmless from any claims, losses, or damages arising from such events.
The provisions relating to indemnity, confidentiality, non-circumvention, non-solicitation, penalties, and exclusivity shall survive termination or expiration of this Agreement.
The Broker/User agrees to indemnify, defend, and hold harmlessVENUSXIOSPACE, its directors, employees, affiliates, and agents from and against any claims, damages, liabilities, losses, or expenses arising out of:
The Company shall not be liable for failure or delay in performance due to events beyond its reasonable control.
These Terms shall be governed by and construed in accordance with the laws of India. The courts at Gurugram, Haryana shall have exclusive jurisdiction in all matters arising out of or relating to this Agreement.
The Parties shall attempt to resolve disputes amicably.
Failing such resolution, disputes shall be referred to binding arbitration in accordance with applicable laws.
The seat and venue of arbitration shall be Gurugram, Haryana, India.
The Company reserves the right to amend these Terms at any time. Continued use of the Platform constitutes acceptance of such amendments.
If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
These Terms constitute the entire agreement between the Company and the Broker/User and supersede all prior understandings.
By using the Platform, the Broker/User acknowledges that they have read, understood, and agreed to be legally bound by these Terms.