Terms & Conditions

RealtyMonk is an online information and communications service provided to you, subject to your compliance with the terms and conditions mentioned below. PLEASE READ THIS DOCUMENT CAREFULLY. BY ACCESSING OR USING www.realtymonk.com YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BY THE COMPANY.

RealtyMonk is an intermediary online realty estate provider brand owned and operated by Vesta Power Pvt Ltd. and having its registered office at 2nd Floor, 696/k, RR towers, 1st Stage, 2nd Block, 80 Ft Main Road, Above HDFC Bank, Near HBR BDA Complex, HBR Layout, Bangalore-43, Karnataka, India. RealtyMonk offers its platform to facilitate transactions between sellers and customers/buyers/users and is not a party to control/regulate any transactions between the seller and the customer/buyer/user in any manner.

The offers and discounts mentioned on the website have been extended by various builder(s)/developer(s) who have advertised their products here and RealtyMonk is not responsible for any guarantee/warranty/update on the same. RealtyMonk shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Customer/Buyer/User and the Seller.

Vesta Power Pvt Ltd may amend/modify these Terms and Conditions at any time with immediate action. Your continued access or use of RealtyMonk shall be taken as your acceptance of these Terms and Conditions. You also warrant to the company that you are at least eighteen years of age or above and are capable of entering, performing and adhering to these terms.

If you utilize RealtyMonk in a manner inconsistent with these Terms and Conditions, Vesta Power Pvt. Ltd. may terminate your access and/or block your future access as the circumstances of your misuse may be deemed to be fit and proper.

Definitions

The term "Agreement" shall mean and include the completed application form, its attachment(s) along with all the Terms and Conditions stated. These Terms and Conditions constitute a legally binding agreement between the user and RealtyMonk regarding the user’s use of the website and any services offered by the company. By accessing the Site and/or by clicking "I agree", you agree to be bound by these Terms and Conditions.

The term "User" or "You" denotes any person who access or avail this site of the company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information.

The term "Company" denotes RealtyMonk, an intermediary online realty estate provider brand owned and operated by Vesta Power Pvt Ltd. and having its registered office at 2nd Floor, 696/k, RR towers, 1st Stage, 2nd Block, 80 Ft Main Road, Above HDFC Bank, Near HBR BDA Complex, HBR Layout, Bangalore-43, Karnataka, India: along with the Company’s website www.realtymonk.com.

The term “Date of Commencement” shall mean the date indicating the acceptance of the application by the user to the service. It shall be specified by the company in it’s notice to the user either through e-mail or conventional mail.

The term “Date of Termination” shall mean the date of expiry mentioned in the notice or/and the letter of termination.

The term “My Subscriptions” denotes the information and description of the services for the user provided by the Company in writing or contained in the website www.realtymonk.com

The term “Registration Data” denotes the database of all the particulars and information supplied by the User on initial application and subscription.

The term “Services” denotes the services to be provided by the company to the user of www.realtymonk.com.

Subscription, Payment and Refund Clause

The subscription fees for the service provided by the company shall be mentioned in the “My Subscriptions” page or as may be prescribed by the Company.

Liability for the subscription fees shall accrue from the Date of Commencement and shall be payable at or within the time as stated in the invoice(s) issued by the company.

For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis, considering the usages of the services.

The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment accrued subject to the decision of the Company on the dispute. In the event of deciding the dispute in the User’s favour, the Company shall refund to the User any excess amount paid by the User free of interest.

Payment for the services offered shall be on 100% advance basis.

Payment for service once subscribed to by the subscriber is non-refundable.

Any delay in the payment by the User the Company shall have the right to charge interest on the outstanding amount from the date the payment until the date of final payment.

The refund process would take at least 21 days after the complete documentation has been received by the Finance team of the company.

Refund if any will be at the sole discretion of Vesta Power Pvt Ltd only.

RealtyMonk offers no guarantees whatsoever for the accuracy or time of the refunds reflecting into the subscriber’s card/bank accounts.

Cancellation:

The company shall reserve the exclusive right to cancel any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.

There shall be no cancellation or refund of orders booked/payments made via online payment options (except in the case of Cheque & Demand Draft).

Intellectual Property Rights

All logos, brands, trademarks and service marks appearing in RealtyMonk are the properties either owned or used under license by Vesta Power Pvt Ltd. and/or its associates. The user is strictly prohibited to access or use these marks in any form or manner, whatsoever. Any violation of the above would be punishable under the law.

Vesta Power Pvt Ltd respects the Intellectual Property Rights of the users as well as third parties to the best of its ability and it has and will continue to adhere to all the laws applicable in India.

In a case where an user(s) are found to be using RealtyMonk as a platform to infringe the Intellectual Property Rights of others, Vesta Power Pvt Ltd will be free to terminate the agreement forthwith without any notice to the user.

By allowing users to access RealtyMonk, Vesta Power Pvt Ltd grants the users a limited, non-exclusive, non-assignable, revocable license to access and use the services, provided that the User is in compliance with the Terms and Conditions of the Agreement.

Obligations of the users:

The user shall be solely responsible for the accuracy of the data provided on the initial application/registration form given to the company.

Any data entered into herein will be subject to mandatory verification process by Vesta Power Pvt Ltd or RealtyMonk.

Any licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the service shall be obtained by the User at his own cost.

The user will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.

The user shall understand and agree he/she is responsible for all applicable taxes and for all costs that are incurred in using the service.

The user shall keep his/her identification and password along with all activities and transmission performed by him/her through his identification confidential.

The user shall immediately notify the company of any un-authorized use of the user's account or any other breach of security.

The user shall make the payment to the Company as and when it is payable.

The user shall be responsible for the set-up or configuration of his equipment for access to the service.

RealtyMonk shall not be responsible towards the personal data entered by the user in our website.

RealtyMonk however shall not step back from using the best industry practice of weeding out any false data, if entered.

The user shall agree that any data entered into the website can and shall be saved, used and commercially exploited by RealtyMonk as deemed fit by them.

Restriction/Prohibitions

It will be the user’s responsibility to protect his/her user identification and password.

The User shall acquire no rights to any mailbox number or/and the user identification or/and circuit reference or/and any codes assigned to him by the Company. Also, the company reserves the right to change or/and re-assign the same to the User at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.

In any event of theft or/and loss of user identification or/and password, the User shall notify the Company immediately and provide the Company with a written notice to that effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.

The password and username shall be used only by the organization and the employee of the organization.

Termination and liabilities upon termination

A 30 days notice period in writing is mandatory for either of the party to terminate the agreement made.

It shall be only on the discretion of the Company that the period of notice may be waived or a shorter period may be accepted in writing from the user.

However, irrespective of clause 1 and 2 above, the company may terminate the Agreement with immediate effect, without prior notice to the User and without assigning any reason/s whatsoever, in the following cases:

(a) if in the opinion of the company, the user has breached any of the terms and conditions of this agreement

(b) if in the opinion of the company or/and any regulatory authority, it is not in the public interest to continue providing the Service to the user

(c) if the user is declared bankrupt or/and the User enters into any compromise or arrangement with its creditors

If the agreement is terminated, the user shall still be liable for subscription fees payable until the date of termination.

Upon termination, the user shall pay the amounts due to the company within 30 days of the relevant date of termination.

Moneyback policy

Moneyback can be initiated by a user by writing to support@realtymonk.com or by calling the customer care number.

To activate the moneyback policy, the user shall be first offered an extension of duration for the listing to evaluate the responses again.

If the user is still not satisfied with the responses, moneyback shall be initiated by the company.

Moneyback can be initiated within the lifetime of the listing (i.e. 60 days from date of posting).

Moneyback can only be initiated against the same Order ID & Customer Name as mentioned during Order Booking.

Order Booking should be in the Client's name as the refund will be processed in the same name.

For orders that were paid through online payment modes, the refunds will be processed after deduction of charges incurred by the Payment Gateway.

Refunds will be processed within 30 business days from receipt & acceptance of all relevant documents.

Violation of terms and conditions

If the company, in its sole discretion, discovers that a violation of any of the Terms & Conditions has occurred, it may pursue any of its legal remedies, including but not limited to the immediate deletion of any offending material from its site or/and cancellation of the user’s account and/or the exclusion of any person(s) responsible for the violation.

The company could also pursue violators with claims that they have violated criminal and/or civil law provisions as applicable under the relevant Acts/Rules.

RealtyMonk will cooperate with any investigation by any Central or/and State or/and local body or/and any court or/and tribunal having the competence to carry out the same. Such cooperation may be without notice to the User.

If the company believes in its sole discretion that any advertisement or/and services may create liability for company, it may take any actions to minimize or/and eliminate its potential liability, including but not limited to, the release of User information.

Limitation of liability

The company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages.

The company shall not be responsible to the user for the statements or conduct of any third party.

The Company takes no liability whatsoever for shortage or non-fulfillment of the service/s or any other related site due to technical failure or/and malfunctioning or/and otherwise. The user hereby undertakes that in such situation/s, the User shall not claim any right/damages/ relief, etc. against the Company.

The Company shall not be responsible for any costs, charges, expenses, etc. incurred as downloading fees by third party.

Indemnity

The User will defend, or at its option settle any third party lawsuit or proceeding brought against the company based upon or otherwise any claim arising from the user.

Any such claim/proceeding if made directly on the User shall promptly be communicated to the company by the User with all reasonable information, assistance and cooperation in defending the lawsuit or proceeding.

The User shall give the company sole authority over the defense and settlement of such claim.

The User may join in defense with counsel of its choice at its own expense subject to the approval of the company.

The User unilaterally shall agree to indemnify and hold harmless, without objection, the company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from their use of RealtyMonk or their breach of the terms of this agreement.

Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party (User) of all damages and costs in writing by the Indemnitor (Company).

Indemnity

The User will defend, or at its option settle any third party lawsuit or proceeding brought against the company based upon or otherwise any claim arising from the user.

Any such claim/proceeding if made directly on the User shall promptly be communicated to the company by the User with all reasonable information, assistance and cooperation in defending the lawsuit or proceeding.

The User shall give the company sole authority over the defense and settlement of such claim.

The User may join in defense with counsel of its choice at its own expense subject to the approval of the company.

The User unilaterally shall agree to indemnify and hold harmless, without objection, the company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from their use of RealtyMonk or their breach of the terms of this agreement.

Indemnification shall be provided for any claim which shall arise and shall be limited to payment by the indemnifying party (User) of all damages and costs in writing by the Indemnitor (Company).

Privacy policy

All the information of users collected by RealtyMonk is voluntarily provided by them and the Company in no means created the database with coercion.

The data collected is for the exclusive use of RealtyMonk and Company reserves its right to allow access to its clients for the purposes of purchase and disposing of properties only, and damages.

Any data of the users collected by any third party agent for the purpose of displaying ads on various online and offline sites will only be possible with the approval of the company.

If any unauthorized use or sharing of user information by any third party is detected, it shall invite appropriate legal action by Company against the erring party, including indemnification for damage.

Arbitration

Any dispute between a user/users and Vesta Power Pvt. Ltd. due to reasons like (but not limited to) validity, interpretation, implementation or alleged breach of any terms and conditions shall be referred to an independent and neutral third party arbitrator identified by Vesta Power Pvt. Ltd.

Both the parties shall deem the decision of the arbitrator as final and binding.

The place of arbitration shall be Bangalore. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

Governing law and jurisdiction

The laws ruled by the Government of India shall be the governing laws in all matters including its terms and conditions relating to RealtyMonk.

The exclusive jurisdiction in all the matters of law and jurisdiction will be subjected to courts at Bangalore, India alone, irrespective of the territory and area of residence/jurisdiction of the user.

By agreeing to use the services of RealtyMonk, the user shall agree that RealtyMonk have the right to report to law enforcement authorities about any action/conduct found or believed by the company to be illegal.

Vesta Power Pvt Ltd reserves all other rights.