TERMS & CONDITIONS

Contract

By using or visiting website provided to you (collectively the Service) you signify your agreement to these terms and conditions (the Terms of Service) and privacy policy (the “Privacy Policy”) of the Company. If you do not agree to any of these terms, please do not use the Service.

Welcome to BharatAvas Yojna Limited (BAYL)

We are a digital real estate marketplace connecting people with the real estate market. BAYL provide you with access to a variety of services, including but not limited to the www.bharatavasyojna.com website (the Website) all the products and services available through our Website (collectively the "Services"). The Website is owned and operated by Bharatavas Yojna Limited, a company incorporated under the laws of India. This document and the Privacy Policy is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. These ‘Terms of Use’ constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

To whom does this policy apply?

Some parts of this Policy are directed at specific types of people. We use some special terminology to refer to them, which we define below. This Policy applies to everyone who uses our
Services, but sometimes we direct parts of it toward groups of users.  Users: "Users" are everyone who uses our Services. What information do we collect?  We collect information from everyone who uses our Services: Like many online services, we use technologies like session and persistent cookies, web beacons (tiny image files on web pages that communicate information about the page viewer to the beacon owner), log data, and third-party analytics services to collect and analyze information about all users of our Services This includes things like User search preferences, interaction with ads on our Services, and location.

Why we collect information from you?

Help you find the most relevant information for your situation by
customizing our Services to optimize your experience:

• Keep you connected with BAYL across the internet and update you with residential real estate-related news and information; and
• Put you in touch with the right people to sell, buy, or research residential real estate, obtain a mortgage, avail related services and to optimize the information we share with those parties to initiate a productive and efficient relationship.

 

Services Description

BAYL attempts to be as accurate as possible. However, BAYL does not warrant that descriptions of or content of this site is accurate, complete, reliable, current, or error-free. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or at any time without prior notice.

We will attempt to limit the frequency and duration of any such suspension or restriction. BAYL provides links to other sites over which BAYL has no control. BAYL is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other material on or available from such sites or resources.

People who supply us with their telephone numbers on-line may receive telephone calls or text messages from us with information regarding new products or services or upcoming events. You hereby give specific consent to receive the telephone calls or text messages related to our Services and waive the DND registry in case you have subscribed to the same. If you do not wish to receive such telephone calls or text messages, please let us know by e-mailing us at support@bharatavasyojna.com.

User-Generated Content:  If you use our user-generated content services, like posting a question, answer or blog on our  Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users and could be used to send you unsolicited messages.

We are not responsible for the personally identifiable information you choose to submit in these forums. Further we are also not responsible for the comments or remarks posted by users in those forums etc. and therefore recommend you perform your own diligence before relying on any such information.

If you are a verified rights owner and want to report a listing issue, you may report support@bharatavasyojna.com.

Disclaimers related to completeness and authenticity of the content / listings

1. The user should conduct checks and establish authenticity of any property, or project, its title,title, carpet area, plot area, built up area, suitability for buying in a form and manner deemed appropriate at his or her cost.
2. BAYL being a marketplace does not and cannot validate the authenticity of content in its Services. If a complaint is made, we will take remedial measures.
3. Certain points to bear in mind:

1. Conduct a comprehensive check of ownership to verify owners credentials.
2. Visit the project site/property personally, to ensure that the seller’s claim is genuine and that the property is not an imaginary’s one.
3. We strongly recommend that proper due diligence on the property is conducted prior to entering a transaction related to a real estate.
4. It should be independently ensured by the User whether the seller is complying with the provisions of Real Estate (Regulation and Development) Act 2016 and its applicability to the relevant property or project.

4. Project” and is in no way facilitating, negotiating or assisting in the sales between you and the developer. While displaying this information on our Website, BAYL is relying on the information as provided by the Developer of such Project. Before making any  decision please ensure to validate all the information and go through the terms and conditions as included in the documents.

5. The pictures / photos shown here include artist’s impression of the Project. The actual properties may vary from such representations.
6. Users should verify the completeness and accuracy of all such information from the RERA website, as may be applicable, of respective States where the Project is registered. BAYL does not, by any means, verify, validate, endorse, or promote the compliance of a specific Project with the RERA regulations. Please make sure you verify all the details independently from the RERA website before making any decision in relation to the purchase of the properties.
7. The amenities and facilities represented for the project on our portal are as per the instruction and direction of the builder and BAYL has no liability in case such facilities and amenities are not provided.

There is also a lot of information displayed on the platform which is neither an advertisement and is collated by our research team from the publicly available information and is meant to be a tool for the Users’ own research and awareness about real estate market.

While reasonable efforts are being made to ensure the completeness of such information being displayed here and the same being updated on regular intervals by our research team, there is a possibility that the information displayed is not current and complete. This information shall in no way be considered as an advertisement or offer to sale from BAYL.

BAYL shall neither be responsible nor liable for any inaccuracy in the information provided here and therefore the Users are requested to independently validate the information from the respective developers before making their decision for purchase of properties. BAYL, its directors, employees, agents and other representatives shall not be liable for any action taken, cost / expenses / losses incurred, by you, based on the information given on the portal.

Copyright and Trademark Policy

All content included in our Services, such as text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of the Company, its Users and its content suppliers and protected by copyright laws. All software used on this Website and Mobile App is the property of the Company.

All other trademarks not owned by Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BAYL or its affiliates. If you are a verified rights owner and want to report a listing issue, you may report support@bharatavasyojna.com

General Matters

The accuracy and confidentiality of your account information is your responsibility: You are responsible for maintaining thesecrecy and accuracy of your password, email address, and other account information at all times. We recommend a strong password that you do not use with other services. We are not responsible for personal data transmitted to a third party as a esult of an incorrect email address or loss of passwords from you.

Home Loan services
If you express interest for obtaining a home loan, you hereby consent and authorize us to share the personally identifiable information with financial institutions providing home loan products and/or services, and such financial institutions may call, email, or SMS you with reference to the home loan interest. This consent shall supersede any registration for any Do Not Call (DNC) / National Do Not Call (NDNC).

Refund in failed transactions

Though BAYL payment reconciliation team works on a 24 x 7 basis, BAYL offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Member’s card/bank accounts. This is on account of the multiplicity of organizations
involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions. Refunds in the event of wrong/objectionable property content being posted on the site would be at the discretion of BAYL.
If you utilize BAYL in a manner inconsistent with these terms and conditions, BAYL may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse may be deemed to be fit and proper.

Sale/Merger

Information about our Users and our Website is a business asset of BAYL. Consequently, information about our Users, including  personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the Website, our Services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company.

Indemnification and Limitation of Liability

Each User agrees to indemnify, defend and hold harmless the Company and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents and employees (“Indemnities”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnities that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by such User pursuant to these General Terms of Use.
Further, each User agrees to hold the Indemnities harmless against any claims made by any third party due to, or arising out of, or in connection with, such User’s use of the Website or Services, User’s violation of the General Terms of Use, or User’s violation of any rights of another, including any intellectual property rights.
In no event shall the Indemnities, be liable to the Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Company has been advised of the possibility of such damages, arising out of or in connection with (i) User’s use of or access to the Website, Services or materials on the Website; or (ii) services provided by any Registered Service Provider.
The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

Amendment to the Terms of Service
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes.Your continued use of the Services following the posting of changes will mean that you accept and agree to the revisions.

Arbitration
If any dispute arises between a user/user and BAYL arising out of use of the Website or thereafter, in connection with the validity,  interpretation, implementation or alleged breach of any provision of these terms and conditions, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by BAYL.
Decision of the Arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be Jaipur, Rajasthan. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings.

Grievance Redressal Mechanism
Any complaints, abuse or concerns with regards to content and  or comment or breach of these terms shall be immediately informed to the Grievance Officer through email on the following email Id support@bharatavasyojna.com. Any grievance so received by the Company shall be resolved within the best possible time.

Violations

Please report any violations of these terms and conditions to at legal@bharatavasyojna.com

Integration / Membership
Inception
Bharatavas Yojana Limited (BAYL) offers the integration (membership) to an individual for a period of 100 days from the date of integration. The said membership will be active post payment of the non-refundable integration fee at the portal of the BAYL i.e.  www.bharatavasyojna.com or as may be specified. The integration fee will enable an individual member to access real estate information and enjoy various benefits as per the applicable and available promotional schemes as summarized below:
 Information on offers on RERA Approved Projects
 Membership account at BAYL Portal with value added
services. Access of this portal will be provided within 30 days
of paying Integration charges as applicable
 PA insurance of Rs. 5 lacs which will be issued within 30 days
of paying Integration charges, as applicable.
 Chance to participate in Mega Offers and get selected for a
Redeemable Discount Coupon for purchase of Specified
Property1 housing units.

Eligibility Criteria

The following are the eligibility criteria for becoming the active integrated member of the BAYL portal and participate in contest/s:
 He must be a resident of India.
 The age of the applicant must be above 18 years.
 The applicant must have a valid Aadhar card as approved and verified by the UIDAI.
 The applicant must fill and submit the application form/s as required by the BAYL.
 The applicant must declare its Income for the recent financial year.
 Only one integration can be obtained with single Aadhar number, in case any applicant has applied for more than one integration the BAYL can refund the same after the refund application made by an individual in a specified format.
 The participant must be having the active integration of the BAYL
 The integrated member must be the domicile of the State where in the contest is organized.
 The member must give its consent on the website of the BAYL to participate in the contests and answers to some questions as required by the BAYL.
 Any individual who is in any manner directly associated associated with the BAYL management is not
eligible to take part in the Contest.

 The member must provide, as per the predefined income criteria, by providing self-declaration income form, provided by BAYL. The said criteria will be updated by the BAYL from time to time.

Tenure
The integration will remain active for each member for the period of 100 days from the date of activation. The BAYL reserve the right to amend, cancel, renew and award the integration to any individual at its sole discretion.

Process
The payment of the integration fee can be done:
 At the online portal of the BAYL.
 Via the authorized retailers of the BAYL.
 At any POS of the BAYL

Transferability
The integration availed by the member is non-transferable.

Rights reserved by BAYL
The BAYL reserve the right to amend, cancel, renew and award the integration to any individual at its sole discretion.

Discount Coupon

The BAYL on time to time basis will offer Redeemable Discount Coupon/s to the selected eligible members, hereinafter called as ‘Offer’. The said ‘Offer’ will provide an opportunity to the eligible contestants to get a Redeemable Discount coupon from BAYL on a specified property1.
The redemption of the discount coupon can be done by the eligible contestant as per the applicable terms and conditions as may be formed by the BAYL.

Specified Property1
The specified property are the housing units. BAYL reserve the right to amend specified property and its classification from time to time at its sole discretion and such amendment will be published on the website of the BAYL.

Management of Discount Coupon Contest
The BAYL will manage the contest/s. BAYL reserves the right to add, delete, modify any term or conditions as may be set for the contest. The BAYL endeavour to manage the contest/s with transparency, at the same time, BAYL holds discretion to decide
in case of any query or confusion or claim.

Disqualification from the Contest/s (pre-announcement)
 Any individual or member who is unable to fill in the Form required for the registration in the required manner.

 All the members who do not fulfil the prescribed eligibility criteria.
 Any misinformation and / or submission of incorrect fact and / or information, which are not verified true and fair at any point of time.
 Delay and / or false and / or no response, towards submission of information, documents, claim, depositing of any due and / or called money, purchase / registration of specified property, etc.

Mode of operation of the Contest
The contest/s will be open for a specified time as may be announced by the BAYL on its official website, and / or in the Newspaper/s and / or other means of communication. The existing members who has not taken part in any previous contest and new member is required to give the consent to the BAYL on the website after going through the required procedure.
After collecting the entries for the contest, the BAYL will sort the entries with help of computer process. Eligible entries will be taken and with the help of a random selection system 100 entries will be selected.
The members who will be selected by the random selection system will be provided information regarding their selection by possible means of communication and their application number will be published on the website of the BAYL.

Claim
The claim process is given below: –
 Each selected contestant is required to claim the same from BAYL, with in a period of 2 weeks from the date of declaration of the result on the website, in the required manner, which is described hereunder: –

• Form along with the application receipt.
• PAN Card Copy.
• Aadhar Card Copy.
• Self- declaration income certificate as may be required.
• Amount to be paid for the property, as mentioned in the advert by BAYL for particular project.

 The awardee of the Discount Coupon must submit all the documents and fees as per the specification for the specified property.
 The awardee of Discount Coupon must fulfil all the pre- conditions which were required to be eligible for the Contest/s.
 In case the awardee is unable to claim the coupon in the specified time then such coupon will be forfeited and BAYL reserves right to use its discretion in offering to other participant or cancelling such coupon or otherwise as it may deem fit.
 In case where the awardee is unable to submit the documents and comply the procedure in due time then such case will be dealt as per the discretion of the BAYL management committee. BAYL reserves right to use its discretion in offering to another participant or cancelling such coupon or otherwise as it may deem fit.
 The awardees agree to sign the Terms and Conditions, as may be decided by BAYL, before accepting and or redeeming the discount coupon. Any failure on the part of the awardee to comply with directions issued by BAYL, shall entitle BAYL, in its own discretion to cancel and forfeit the discount coupon from the said awardee. Such a case will be dealt as per the discretion of the BAYL management committee. BAYL reserves right to use its discretion in offering to another participant or cancelling such  coupon or otherwise as it may deem fit.

Cost, Expense and Obligation
 Subject to the terms and conditions specified and eligibility, in case of selection of any eligible participant and his / her  due compliance of all required terms and conditions as per  BAYL’s requirement, the BAYL’s maximum obligation shall be restricted to the value of discount coupon. All cost and expenses as may be required to be incurred in redemption and utilization of the discount coupon, shall be solely on the awardee participant of the discount coupon. BAYL shall not  be under any obligation for any cost, expenses or otherwise.

 Subject to the terms and conditions specified and eligibility, in case of any non-selection of any participant in the contest and / or rejection / disqualification from participation and /  or otherwise not selected in the contest /s, BAYL shall not be under any obligation for any cost, expenses or otherwise. All participants unconditionally agree to have no claim of any nature whatsoever on BAYL.
 In case members requires any expert or consulting services, not covered under the integration benefits, such as legal, surveyors, court fee, technical study, etc, it would be a direct responsibility of the such member and BAYL will not be liable in any manner, and be indemnified and held harmless and shall remain free of conflict if any arises between such member and such service provider or parties involved.
 BAYL shall not be responsible for the structure defect, defect in workmanship, quality or provision of services , fitness, marketability, defect, or deficiency dispute between the   and owner or any person with builder etc. of the housing unit/plot/unit and no claim or request, whatsoever, in this respect shall be entertained by the BAYL. Further, with regard to housing unit/plot/unit, it shall be sole responsibility of the awardee member to conduct due diligence to ensure and satisfy himself for all purposes. No
claims of any nature shall be entertained by BAYL and the same shall be dealt by the awardee and developer separately. Further, in case of any charges/expenses incurred in the transfer of the said flat in the name of the selected awardee, or other costs related to ownership or possession, such costs shall be solely borne by selected awardee alone. BAYL shall not be responsible for delay in completion or handover of the flat, or its occupation / completion certificate, or society formation.

RERA Disclaimer

Project developers or builders, are required to comply with rules, regulations and guidelines of RERA Act 2016 and obtain  necessary registration under the said Act. It is mandatory for Project developers or builders to disclose on the Site, all material
and requisite information as required under the Act. We do not guarantee that Project(s) have registered under the Act or are  compliant with the same. In no event will the BAYL be liable for  any claim made by the Users including seeking any cancellation
for any of the inaccuracies in the information provided in this Site.

It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under  RERA Act 2016) developed, built by a Developer/ Builder, before
making any selling or any other decisions.

BAYL makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability  or suitability with respect to the information, services or related information provided by Developer/Builder on its Site with
respect to any property or project.

BAYL has taken the RERA Agent Registration as per the provision of RERA Act, 2016.

Confidentiality
 All non-public information concerning the BAYL or member (the ‘Confidential Information”) which is given to each other shall be used solely in the course of the performance of the services and shall be treated as confidential by the other party and directors, officers, employees, agents and representatives for so long as it remains non-public.
 Except as otherwise required by law, neither party nor its directors, officers or employees shall disclose any of the Confidential Information to a third party without the prior written consent of the other party.
 In the event that the BAYL or member or its directors, officers, employees, agents or representatives become legally compelled to disclose any of the Confidential Information, they shall provide the other party with prompt written notice, where possible, of such requirement so that the affected party may seek a protective order or other appropriate remedy.
 For the purpose hereof, the term ‘non-public information’ does not include information, which is or becomes generally available to the public through no fault of either party (or any of its directors, officers and employees) or is otherwise available to either party from a source other than the BAYL or member, provided that to the knowledge of the other party , such sources are not bound by a confidentiality  obligation with respect to such information or prior to the delivery of such information to either party was already in the possession, or was or is independently developed by either party.

Force Majeure
 Neither the BAYL nor member shall be in breach of their contractual obligations nor shall either party incurincur any liability to the other for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labour dispute, war or other violence, or any law, order or requirement of any governmental agency or authority (“Force Majeure Event”). In the event of any such occurrence affecting one of the parties, that one shall be obliged as soon as reasonably practicable to notify the other.
 Notwithstanding, anything contained in this Clause above, the Force Majeure Event shall have no effect on any payments, which has already accrued and become due for payment to BAYL by the member. Representation and Covenants The member agrees, represent and warrant, inter-alias, that:
 They have full powers and authority to become member and participate in the contest(s).
 All consents, approvals, authorizations and other orders, if any, required for the participation in the contest(s) and other matters relating thereto would be obtained by the member, without any undue delay.
 The documents, information, declarations, details, etc., as may be provided by the members, present a true and fair position of the Client.
 There are no litigation or arbitration proceedings pending, nor has there been any adverse order or orders affecting the present participation in the contest(s) by eligible member, by any competent court of law or arbitrator which relate to the member, which may adversely or materially affect the participation.

Indemnification
The BAYL and member agree to Indemnify and keep indemnified each other and its affiliates and its and their respective directors, officers employees agents and Controlling persons from and against any and all losses Claims, damages, litigations, liabilities
and expenses joint or several to which such an Indemnified Party may become subject to or otherwise and related to or arising out of the participation in contest(s), where either party can provide written evidence of the other party’s action that directly caused an adverse event that warrants any aforementioned losses, claims, damages, litigations, liabilities and expenses.

Limitation of Liability
 Member agrees that the liability of BAYL for any economic loss or damage suffered by the member arising out of or in connection with participation in the contest/s, however the loss or damage is caused, where the member can demonstrate written evidence of BAYL actions that directly caused such economic loss or damage, shall be limited only to the amount of any amount actually received by BAYL from the member in accordance with the terms and conditions specified herein less expenses incurred by BAYL and that the member will indemnify and hold harmless BAYL, employees and agents as concerns, of any such liability in excess of the foregoing limit.
 Notwithstanding anything contained in this Agreement, the Parties or any of its director, officer, employee, agent or contractor will not be liable to the other Party for indirect, incidental, consequential, special or exemplary losses or damages arising from the participation in the contest/s, under tort, common law or under public policy, even if it has been advised of the possibility of such damages, such as, but not limited to, loss of revenue, loss of goodwill or anticipated profits or lost business.

Protection of Reputation
The member and BAYL are obligated to refrain from any statements to any third parties, whether verbal or written, either directly or through third parties, or social media, that criticize, cast doubt upon or otherwise defame the capabilities, character, reliability, quality, accuracy or effectiveness of each other and its affiliates and its and their respective directors, officers employees agents and Controlling persons or any of its independent contractors, staff, or any of its own proprietary content, materials, documents, work product, strategies, methods, programs or services, financing structures or mechanisms. For “Protection of Reputation” only, enforceable conceded judgment of liquidated damages to be agreed either mutually or through legal recourse.

Governing Laws
All provision of this agreement are legally binding obligations, which once signed and shall become enforceable under the laws of Republic of India

Dispute Resolution
 The Parties agree that any dispute arising out shall be first referred for amicable settlement by the person to be nominated by each party. All disputes arising out of this Agreement and remain unsettled for more than 30 days of its referring to the nominated officers of the Parties for conciliation shall be finally settled by arbitration to be conducted by a sole arbitrator to be appointed mutually by the Parties.
 In case the parties fail to appoint the sole arbitrator mutually, the same shall be appointed as Section 11 of Arbitration and Conciliation Act, 1996 and other relevant provision, thereof.
 The seat of arbitration shall be Jaipur, India and arbitration proceedings shall be conducted in English language. The arbitral award shall be final and binding on the parties. The substantive laws applicable to the arbitration shall be laws of Republic of India.

General Clauses
 BAYL, in its absolute discretion reserves the right at any- time, without giving any previous notice to the participants, to add, alter, modify, change or vary all or any of these term & conditions, wholly or in part, prospectively or retrospectively, or to withdraw the housing programme. Participants undertake the responsibility to update themselves of the changed terms & conditions on www.bharatavasyojna.com on a regular basis
 BAYL will not be responsible in any way for failure of any backend technology of any applications and resultant inability to use any entry for participation in the draws.
 By the agreeing to the terms and conditions and applying for the offer the member hereby agrees that neither he has paid to the company nor the company has taken/charged any amount from the member directly or indirectly in any manner by way of entry or by whatever name called, for participation in this Discount Coupon Offer.
 In case of any dispute or difference, the decision of BAYL shall be final and binding on all concerned.
 BAYL in its absolute discretion may publicize, broadcast, or otherwise disclose a participant’s /draw awardee’s name, likeness, statement/s or any recording of their voice in advertising or promotional activities concerning this housing programme, or  generally. BAYLS may promote or advertise that awardee has been selected in the Contest(s).
 Apart from the above-mentioned prize/s, nothing else will be provided to the awardee. All applicable direct and or indirect taxes, levies, statutory taxes, insurances, registry expenses, if any, will have to be borne and paid by the awardee.
 BAYL reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Discount Coupon Contest or any part thereof including the eligibility criteria, at its sole discretion at any time during its validity as may be required in view of business exigencies and/or changes by regulatory authority and/or statutory changes and the same shall be binding on all the participants.