Terms & Condition of Service HOMEZY™

INTRODUCTION

    Welcome to our website. This website is owned by “HOMEZYTM PROPERTY SOLUTIONS PRIVATE LIMITED” (''Company'' or “Homezy”), a company duly registered and incorporated under the Companies Act, 2013, having registered office address at 194 khasra No. 122, Jodhpur (M Nagar Nigam) Degadi, Jodhpur 342001, Rajasthan, India.

    "We " or "Our " or "Us" or “Homezy” or “Service Provider” refers to HOMEZYTM PROPERTY SOLUTIONS PRIVATE LIMITED and shall include its successors and assignees. "You " or “Your” or “Yourself” or “User” or “Member” shall mean a reference to any natural or legal person who has agreed to register on the website and his/her representative and any other user accessing the Site. Homezy provides limited access to surf the website without any registration.

    We provide an online platform for booking the property of any kind on rent and provide property management solutions through our website and mobile application. Any such services offered by Homezy are referred to in these Terms of Services as the “Services”. By using our website, you are agreeing to comply with and be bound by the following Terms of Use. Please review the following Terms of Use carefully.

    This Website terms of use (the “Terms of Use”) govern your access to and use of this Website available on the domain www.homezy.live and/or any part of the Website available on its sub- domain, and/or the blog, available or mobile applications developed and provided by Homezy (individually and collectively known as “Website”)from time to time.

    The Terms of Use have to be considered jointly with our Privacy Policy and by accessing or using the Website, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Website and the Content provided on or through the Website and our Privacy Policy.

    If you do not agree to all the terms of use, do not use the website or any services provided through this website.

GENERAL TERMS

    You agree to the terms and conditions outlined in this Terms of Use with respect to the website. These Terms of Use constitute the entire and only agreement between us and you and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, the content, services provided by or through the Website.

     Your use of the Website and services are governed by the following Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with the Company and these terms and conditions including the policies constitute your binding obligations, with the Company.

     For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a subscriber on the Website by providing information on the Website using the computer systems.

     Homezy reserves the right to update and change the Terms of Service by posting updates and changes to the website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services.

     When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

SERVICE TERMS

    Through this website, if you are an owner of a property, you can list the property for the purpose of renting out and avail services of managing the property including the collection of rent, overview of the activity pertaining to the property, book keeping of expenses of the property, insights about the property (Owner service). If you are looking for a property to use on a rental basis, you can book the property listed on the website, for your use, in the capacity of a tenant and avail such other services in relation to the property booked as may be indicated and provided by us from time to time(Tenant Service). If you are a property manager or broker dealing in the properties, you can sign up to the application and manage those properties for which the owner assign you the role. (Broker & Manager Service).

  1. The owner or the tenant or the broker or the property manager, according to the need of usage of the respective user, can subscribe to our predefined subscription plans curated separately for the needs of the specific users, by submitting the necessary documents as may be requested by us from time to time and by signing a Subscription Form or agreement in the format provided by Homezy for a chosen subscription plan by consenting to pay a monthly or yearly Subscription fee and/or security deposit, as may be applicable to the subscription plan. Homezy may send a reminder to the User for the payment of monthly subscription fee before the expiry of 10th day of every month.
  2. The users shall also be subject to the terms and conditions of such other agreements that may be entered separately, with Homezy or the agreement between the owner and the tenant as the case may be, which needs to be individually executed by the subscriber, along with this Terms of Use. We may enter into additional terms and agreement with the users with respect to the listing of the property on our website and management of the property in addition to the subscription form or agreement. The Transaction herein shall not be considered as sale and for all purposes, the services offered/provided herein under the Subscription Programme Document shall remain as the property of the Company.
  3. The users who are property managers or brokers shall create the account specifically as the property manger or the broker as the case may be and be subject to the specific terms and conditions in addition to the terms of use. The property managers or brokers shall list only those properties subject to specific authorisation from the owner of the property.
  4. By subscribing to our Broker and Manager Service, you warrant that you have all the rights to list the property on our website and upon doing so you are not infringing the rights of any other person.
  5. You must at least have attained the age of majority to use our services. If you are a minor i.e. under the age of 18 years, you may use the website or access content on the website only under the supervision and prior consent/ permission of a parent or legal guardian. At all times, Homezy reserves the right to refuse access to the website or terminate the services provided to you if it is brought to the notice or discovered that you are under the age of 18 and accessing the services on the website.
REGISTRATION AND ACCOUNT

  1. To access and use the Services, you must register with Homezy by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. You may also be required to choose a password and a user name. Access to and use of password protected or secure areas of the Website are restricted to authorized users only. The information provided to Homezy for the purpose of registration must be correct, accurate, complete and up to date in all aspects. Homezy may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  2. You acknowledge that Homezy will use the email address and phone number you provide on opening an Account or as updated by you from time to time as the primary method for communication with you.
  3. You acknowledge and consent to receive communication by way of emails, SMS, push notifications or by any other electronic means by Homezy periodically.
  4. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same.
  5. You are responsible for keeping your password secure. Homezy cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  6. You agree that Homezy shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.
  7. Homezy reserves the right to carry out the background verification process before granting the access by way of Account registration and at the time of entering into the subscription agreement. Further, Homezy may exercise reasonable care and monitor the content hosted on the website however Homezy shall not be liable or responsible for misrepresentation of any information or content hosted on the website by the users.
  8. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the website and refuse to provide You with access to the website.
  9. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
  10. You agree to pay the property management or brokerage fee in addition to the subscription fee of Homezy for the services of the property manager or the broker with respect to those properties listed on the website specifically indicating that the listings are made by the property manager or the broker along with the fees chargeable by the property manger or the broker.
  11. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Homezy may result in an immediate termination of your Services.
ACCEPTABLE USE OF WEBSITE

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which You does not have any right to. You shall not include or upload or publish any content which is grossly harmful, harassing, blasphemous, defamatory, obscene, sexually explicit, libelous, invasive of another's privacy, hateful, excessively violent 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.
  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  3. You shall not 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 Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Homezy or otherwise tarnish or dilute any Homezy’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
  5. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  6. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company.
INTELLECTUAL PROPERTY RIGHTS

  1. All textual, graphical and other content appearing on this Website, unless otherwise noted, are the property of the Company.
  2. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website, except as allowed as provided under acceptable use of the website, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
  3. You may view, print and use content contained on this Website solely for your own personal use and provided that: (1) the content available from this Website is used for informational and non-commercial purposes only; (2) no text, graphics or other content available from this Website is modified in any way; (3) no graphics available from this Website are used, copied or distributed separate from accompanying text; (4) no content available from this Website may be used for any purpose which is offensive or which disparages, damages or otherwise negatively reflects upon Company, its services or its employees or its management. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark or other intellectual property of Company or any third party, except as expressly provided herein.
  4. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website. Trademarks mentioned in the Website are either trademarks or registered trademarks of the Company.
SECURITY POLICY

We consider the security of its systems, network, and infrastructure very seriously. While we strive to use the latest technologies and best practices available to ensure a highly secure environment for our customers, we also acknowledge that no technology is perfect. We constantly study and look for any weaknesses in our technology and design. If you believe you've found a security issue on our website, we encourage you to notify us at info@homezy.live

DISCLAIMER AND LIMITATION OF LIABILITY

  1. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by the Company on this Website, but the Company is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on this Website. Information and related materials are subject to change without notice. The information from or through the website is provided ''as is,'' ''as available,'' and all warranties, express or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any direct or indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). The negation of damages set forth above is a fundamental element of the basis of the bargain between us and you. No advice or information, whether oral or written, obtained by you from us through the website shall create any warranty, representation or guarantee not expressly stated in this terms of use.
  2. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any direct or incidental, special or consequential damages of any kind that may result from the use of or inability to use our website or in connection with these terms of use, even if a user has been informed in advance of the possibility of such damages. Our maximum liability to you under all circumstances will be equal to the price you pay for any services or information.
  3. We view the protection of your privacy as a very important principle. We understand clearly that you and your Personal Information is one of our most important assets. We store and process your information in accordance with Information Technology Act 2000 and Rules there under. If you object to your information being transferred or used in this way please do not use Website.
  4. Reference to any process, publication, service, or offering of any third party by trade name, trademark, or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Company.
WARRANTIES

  1. We do not warrant that service or property description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
  2. Homezy does not make any representation or warranty as to specifics of the images displayed on the Website. The Users shall take no inference based on the picturization of the property listed.
  3. The price indications on the Website may vary due to some technical issue, typographical error or difference in-service information and the Company shall not be responsible for the changed prices during the transaction. The terms and conditions of occupancy, payment, duration of stay and such other arrangements between the owner and the tenant shall be governed by the Subscription Agreement signed by the User/subscriber in addition to this Terms of Use.
  4. Should any user of this Website send any feedback or data, such as ideas, comments, suggestions or questions regarding any service or the content of this Website, such information shall be deemed to be non-confidential, and Company shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such ideas, concepts, know-how or techniques We reserve the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.
TERMS OF PAYMENT

  1. By making a payment for rent or security deposit, or the subscription fee for the services offered through the website, you have specifically authorized Homezy and/or its payment services providers and/or finance partners or other service providers to collect, process, facilitate and remit payments and collect and process necessary data to facilitate the transactions.
  2. You represent and warrant that if you are making any payments to us with respect to the subscription fee for the services offered or payment of rent and security deposit, that:
      a.    any credit, debit, net banking, cheque or any other mode of transfer information supplied by you is true and complete.
      b.    charges incurred by you will be honoured by your credit card/debit card/banking company, and
      c.    you will pay the charges incurred by you for the services offered through our website, including any applicable taxes. You are agreeing to be in compliance with our REFUND TERMS described hereinbelow also.
  3. While availing the payment method/s available on the Website, We shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to Lack of authorization for any transaction/s, or Exceeding the present limit mutually agreed by You and between "Bank/s", or any payment issues arising out of the transaction, or Decline of transaction for any other reasons.
  4. All payments made, against the services offered by Homezy, by you shall be compulsorily in Indian Rupees acceptable in India. We will not facilitate payment with respect to any other form of currency.
  5. By providing payment Facilities, Homezy or its service providers and finance partners or payment services providers are neither acting as trustees,agents nor acting in a fiduciary capacity with respect to the payment or guarantee payment on behalf of any user.
  6. You understand, acknowledge, accept and agree that the payment facility provided by us or through our service providers and finance partners or payment services providers is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash, collection and remittance facility for the transactions on Homezy Website using the existing authorized banking infrastructure and Credit Card payment gateway networks.
  7. Except for the Security Deposit transactions, refund, if any, shall be made at the same issuing Bank from where transaction Price was received.
      a.     All Refunds For electronics payments, the refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
      b.     The refund shall be subject to user complying with our REFUND TERMS. You may have the right to initiate a chargeback request in accordance with the terms and conditions of Your debit or credit card scheme or your bank account. Please note that Your chargeback request will be processed by Your debit/ credit card provider or your bank and not by Us. Therefore, we bear no liability for the processing of the chargeback requests.
  8. We reserve the right to review Your Account and subscription and payment history pursuant to a chargeback request, in order to determine the occurrence of fraud. If We have any reason to believe that there has been fraudulent activity on Your Account, we reserve the right to terminate, block or suspend You or Your subscription with immediate effect.
  9. For your convenience, you can choose to save your Credit or Debit or ATM or Point of Sale (POS) or any electronic payment card for easy payments in the future, making your payments effortless. We will use this information to help you make future payments easy, but only with your permission. You agree to be bound by the terms and conditions of use of each applicable Bank of Financial Institution, and in the event or conflict between our Terms and the Bank’s or Financial Institution’s terms and conditions then our Terms and conditions shall prevail. You acknowledge that Homezy will not be liable for any damages, interests or claims etc. resulting from processing or storing card information or not processing a payment transaction or any delay in processing a payment transaction which is beyond control of Homezy or its service providers. You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site. You waive your right to dispute any payment made into Your Account and you will bear all costs.
REFUND AND CANCELLATION TERMS

  1. For Tenant Service

    The booking or subscription may be canceled at any time during the tenure of the service offered subject to the following conditions:

      a.     Short term booking: The properties booked for occupancy for a duration of 30 days or less shall be considered as “Short term booking”. Short term booking will be acessible for booking for not more than 3 days before the actual check-in to such property. Cancellation charges applicable on
        i.     Cancellation request raised before 2 days of check-in: 25% of the applicable rent for the booking made plus deduction of INR 500 from the security deposit.
        ii.     Cancellation request raised before 1 day of check-in: 50% of the applicable rent for the booking made plus deduction of INR 500 from the security deposit.
        iii.     Cancellation request raised on the day of check-in but prior to check in: 75% of the applicable rent for the booking made plus deduction of INR 500 from the security deposit.
        iv.     No refund on cancellation request raised after checking into the property.
      The cancellation charges on short term booking shall remain same irrespective of mode of payment.
      b.     Long term booking

      The properties booked for occupancy for a duration of more than 30 days shall be considered as “Long term booking”.

      Long term booking will be acessible for booking for not more than 15 days before the actual check-in to such property.

        i.     Cancellation charges shall be the actual rate of rent applicable per day of stay in the property, for such number of days counted from the date of booking of the property in the name of the user till the date of cancellation along with 3.5% of the security deposit amount applicable for such property, for the payments made online.
        ii.     Cancellation charges shall be the actual rate of rent applicable per day of stay in the property, for such number of days counted from the date of booking of the property in the name of the user till the date of cancellation and INR 500 (Rupees Five Hundred only), for the payments made offline.
      c.     The security deposit as may be applicable shall be refunded subject to the conditions stated above, upon cancellation subject to the agreement entered between the Owner and the Tenant.
  2. For Owner Service

    The subscription may be cancelled at any time during the tenure of the service offered however there shall be no refund of service fee paid upon cancellation.

  3. For Broker & Manager Service

    There shall be no cancellation or refund from Homezy.

DOCUMENTATION AND VERIFICATION POLICY

All users of Homezy must comply with the documentation and verification policy. Users are required to upload the following documents, along with a form of self-declaration as per the format provided by us, at the time of listing the property or for booking a property on rent.

    a.     To avail owner services:
    1. Copy of PAN Card issued by the Income Tax Department of India.
    2. Permanent Address Proof (DL/Passport/Voter Id)
    3. Title Deed/ Sale Deed or Lease deed pertaining to the ownership of the property
    4. Property Tax receipt of the current year or previous year pertaining to the property
    5. Latest electricity Bill in the name of the owner (not older than 2 months)
    b.     To avail tenant services:
    1. Copy of PAN Card issued by the Income Tax Department of India.
    2. Permanent Address Proof (DL/Passport/Voter Id)
    3. Company ID Card or Student Id Card
    c.     To avail Broker & Manager Service
    1. Copy of PAN Card issued by the Income Tax Department of India.
    2. Permanent Address Proof (DL/Passport/Voter Id)
    3. Copy of brokerage licence obtained as per Real Estate (Regulation and Development) Act 2016
LINKS TO OTHER WEBSITES

  1. The Website may contain links to other websites. We are not responsible for any content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk.
  2. This Website may be accessed by users internationally and may contain references or cross references to Company’s programs and services that are not available or are prohibited in your country. Such references do not imply that Company intends to make available in your country such programs or services or that such services may lawfully be used in your country. Company reserves the right without prior notice to discontinue models, parts and accessories, and other items or change specifications at any time without incurring any obligations.
MISCELLANEOUS

  1. The Company can terminate the Subscription after giving a 10 days written notice/email to the Subscriber upon the Subscriber defaulting on the payment of subscription fee for two (2) consecutive months and has not paid till the expiry of the 10 days’ notice period.
  2. This Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Website, words like "anticipates","expects","believes","estimates"," seeks","plans","intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Website and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities- related filings or documents.
  3. Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Jodhpur, Rajasthan. Should any part of this Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Terms of Use, this Terms of Use shall take precedence. Our failure to enforce any provision shall not be deemed a waiver of such provision nor of the right to enforce such provision.
CONTACT

INFORMATION If you have any questions regarding these Terms of Use, please contact info@homezy.live