Terms & Conditions

  • GENERAL
    1. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended by the Information Technology Act, 2000.
    2. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website ‘https://www.propertyshield.in’ (hereinafter referred to as the “Website”) which is owned and operated by Avenue Realty, having its offices at 54-18-2/3 Prasanthi Nagar, Vijayawada, Andhra Pradesh – 520 008 (hereinafter referred to as the “Firm” where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns).
    3. For the purpose of these Terms of Use (“Terms”), wherever the context so requires:
      1. YThe terms ‘You’ & ‘User’, shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
      2. The terms ‘We’, ‘Us’, ‘Our’ shall mean the Website and/or the Firm, as the context so requires.
      3. The term ‘Services’ shall mean the the various services relating to monitoring and protection of real estate offered on the Website.
      4. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and the Firm individually and collectively, as the context so requires.
    4. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
    5. The use of this Website by the User is solely governed by these Terms as well as the Privacy Policy of the Firm (“Privacy Policy”), and any modifications or amendments made thereto by the Firm, from time to time, at its sole discretion. If You continue to access and use this Website, you are agreeing to comply with and be bound by these Terms and the Privacy Policy. The User expressly agrees and acknowledges that these Terms and the Privacy Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
    6. The User unequivocally agrees that these Terms and the Privacy Policy constitute a legally binding agreement between the User and the Firm, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the Privacy Policy.
    7. The Firm reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the User complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website and the Services. If the User does not adhere to the changes, the User must stop using the Services at once. The User’s continued use of the Services shall signify the User’s acceptance of the modified / amended Terms.
  • REGISTRATION
    1. Unregistered users shall be able to visit the Website to fully understand the scope of the Services. However, to avail the Services of the Website, a one-time registration is required to create a profile for the User. You may choose to avail of the Services after registering and signing in as User and providing the required identification information, which shall include but not be limited to Your full name, address, mobile number, email ID, etc. This information is required to be able to contact the User as required for providing the Services or otherwise.
    2. Alternatively, Users may choose to register and log in to the Website using their existing accounts with certain third-party social networking sites (“SNS”). If a User elects to register or log into the Website through an SNS account, the User grants the Firm and the Website permission to access and store the data or personal information provided by the User on the SNS account, which shall include but not be limited to Your full name, address, mobile number, email ID, etc.
    3. Registration for this Website is available only to those above the age of 18 years, barring those incompetents to contract under the laws of India, which, among others, includes insolvents. If You are a minor and wish to use the Website as a User, you may do so through your legal guardian and the Firm reserves the right to terminate Your account with the Website and the Service being provided to you if it comes to the knowledge that You are a minor.
    4. Further, at any time during Your use of this Website, you are solely responsible for protecting the confidentiality of Your username and password, and any activity under the Your account shall be deemed to have been done by You. In the case that You provide us with false and/or inaccurate details or we have reason to believe You have done so, we hold the right to permanently suspend Your account and terminate the Service being provided to you. You agree that You will not disclose Your password to any third party, and that You will take sole responsibility for any activities or actions under Your account, whether or not You have authorized such activities or actions. You will immediately notify us of any unauthorized use of Your account.
  • SERVICE OVERVIEW
    1. The Services of the Website provide information sharing and monitoring solutions for real estate property owners who may be unable to monitor their properties personally. The monitoring facilities are provided in relation to the actual property and also the land records in respect of the property.
    2. To avail the various Services provided by the Website, the User will be required to provide the required details of the relevant property, including, but not limited to its registration number, date, survey number, extent, exact location etc.
    3. The Firm / Website is not obliged to take any action to stop, restrict, or prosecute any fraud, encroachment, encumbrance, or other illegality committed by any third party in relation to any of the properties for which Services are being availed. The Services are availed only for reporting of illegal, irregular or suspicious activities in relation to the possession and ownership of the property.
    4. The Services will not include regular 24/7 or day-to-day surveillance or monitoring of the property. The monitoring will be conducted only as per the periods mentioned under the various Service descriptions on the Website.
    5. The Firm / Website does not provide any guarantees that it will be able to report all fraud, encroachment, encumbrance, or other illegality with respect to the concerned property.
    6. The Users may avail the Service only with respect to property that is owned by them or with respect to which they are authorised to avail services of such nature.
    7. The information provided under the Services is limited to information available in the public domain.
  • PAYMENTS, REFUNDS AND CANCELLATION
    1. All financial transactions relating to availing of the Services shall take place on the Website.
    2. Payment processing services for the Firm on the Website are provided by certain third-party payment services providers (“PSP”) such as PayTM and PayPal, and are subject to the Terms of Service of the respective PNPs. By agreeing to these Terms or continuing to avail the services of the Website, you agree to be bound by the Terms of Service of the respective PNPs and any other terms and conditions imposed by the respective PNPs, as modified from time to time.
    3. As a condition of the Website enabling payment processing services through the PNPs, you agree to provide the Website accurate and complete information about you, and you authorize the Website to store and share such information and the transaction information related to your use of the payment processing services provided by the PNPs.
    4. Users may request cancellation of any Service subscribed by them by sending an email to such effect to [email protected] within the 60 days after subscribing to such Service.
    5. Upon receipt of a cancellation email, the Firm shall refund the entire amount paid by the User, excluding the payment gateway charges charged by the PNPs, within 20 working days.
    6. If a User subscribes to a Service and makes payment for such Service for a property where the Service is not available, the subscription of the User shall be cancelled automatically and the entire amount paid by the User, excluding the payment gateway charges charged by the PNPs, shall be refunded to the User within 20 working days.
    7. If a User subscribes to a Service and makes payment for such Service for a property which is not a private property, if the Firm has reason to believe that the User is not authorised to subscribe to the Service with respect to such property, the subscription of the User shall be cancelled automatically and the entire amount paid by the User, excluding the payment gateway charges charged by the PNPs, shall be refunded to the User within 20 working days.
    8. If a User subscribes to a Service and makes payment for such Service, and if the Firm has reason to believe, at any time, that the User is not authorised to subscribe to the Service with respect to such property, or that the User has provided any false information or details with respect to themselves or the property, the Firm reserves the right to cancel the subscription of the User with immediate effect and no amount paid by the User for such services shall be refunded by the Firm to the User.
  • ELIGIBILITY

    The User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Website if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.

  • TERM
    1. These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Website.
    2. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
    3. A User may terminate their use of the Website and the Services at any time.
  • COMMUNICATION
    1. By using this Website, and providing his/her identity and contact information to the Firm through the Website, the User hereby agrees and consents to receiving calls, auto-dialled and/or pre-recorded message calls, e-mails, WhatsApp messages and SMSs from the Firm and/or any of its affiliates or partners at any time, subject to the Privacy Policy.
    2. In the event that the User wishes to stop receiving any marketing, special offers or promotional calls/email messages/text messages, the User may unsubscribe via email at [email protected] The User agrees and acknowledges that it may take up to 15 (fifteen) business days for the Firm to give effect to such a request by the User.
    3. The User expressly agrees that notwithstanding anything contained hereinabove, the User may be contacted by the Firm or any of its affiliates/partners relating to any Service availed of by the User on the Website or anything pursuant thereto and the User agrees to indemnify the Firm from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the User with the Firm shall be governed by the Privacy Policy.
  • USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
    1. The User agrees and acknowledges that they are a restricted User of this Website, and that they:
      1. agree to provide genuine credentials during the process of registration on the Website. You shall not use a fictitious identity or account to register. The Firm is not liable for any incorrect information provided by any User.
      2. agree to ensure all contact details provided for their account are valid at all times and shall keep your information accurate and up-to-date.
      3. agree that they are solely responsible for maintaining the confidentiality of their account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
      4. authorize the Website to use, store or otherwise process certain personal information for marketing and promotional purposes, and for optimisation of User related options and services.
      5. Understand and agree that, to the fullest extent permissible by law, the Website / Firm and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website or Services, or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
      6. are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Firm.
      7. agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of the User’s access to the Website.
    2. The User further undertakes not to:
      1. engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
      2. impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
      3. 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. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
      4. disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked platforms;
      5. collect or store data about other Users of the Website;
      6. violate any applicable laws, rules or regulations currently in force within or outside India;
      7. violate any portion of these Terms or the Privacy Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
      8. commit any act that causes the Firm to lose (in whole or in part) the services of its internet establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Firm/Website.
    3. The User hereby expressly authorizes the Firm / Website to disclose any and all information relating to the User in the possession of the Firm / Website to law enforcement or other government officials, as the Firm may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Firm/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) to satisfy any judicial Order, law, regulation or valid governmental request, and irrevocably and unconditionally permits and accepts any such disclosure, as necessary.
  • INDEMNITY
    1. The User agrees to indemnify, defend and hold harmless the Firm/Website, its independent service providers and consultants, and their respective directors, officers, employees and agents (collectively, "Indemnified Parties"), 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 Indemnified Parties 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 You pursuant to these Terms or the Privacy Policy. Further, you agree to hold the Indemnified Parties harmless against any claims made by any third party due to, or arising out of, or in connection with:
      1. your use of the Website and/or Services;
      2. your violation of these Terms or the Privacy Policy; or
      3. your violation of any rights of another person or entity.
    2. You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
    3. In no event shall the Firm/Website be liable to compensate the User 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, and whether or not the Firm/ Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Services or Content contained therein.
  • LIMITATION OF LIABILITY
    1. The founders, promoters, members, directors, managers, employees, associate, affiliates or other associated people of the Firm / Website are not responsible for any consequences arising out of the following events:
      1. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity or server failure;
      2. If the User has provided incorrect information or data on the Website or in availing any of the Services;
      3. If there is undue delay or inability to communicate through email;
      4. If there is any deficiency or defect in the products/services managed by third-parties;
      5. If there is any fraud, encroachment, encumbrance, or other illegality committed by any third party in relation to any of the properties for which Services are being availed; or
      6. If there is a failure in the functioning of any Service provided by the Website.
    2. The Website accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s properties, or to any third party. The Service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Website will not be liable to you for the unavailability or failure of the Website/Services at any time.
    3. To the fullest extent permitted by law, the Firm/Website shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with the Firm is to terminate Your use of the Website and the Services.
  • DISCLAIMER
    1. The information provided through the Services is for general information and reference purposes only, and are not intended to be of an authoritative nature under any circumstances. The Services are intended to be subject to availability, without any promises or guarantees on the same by the Firm, and the Firm makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the Services of any conduct or omission of the Firm as a part of the Services. Any reliance you place on the Services is therefore strictly at your own risk.
    2. The Firm bears no responsibility whatsoever for any consequences arising on their properties during the use of the Services.
    3. The Firm shall disclaim all responsibility and owns no liability to Users for any outcome (incidental, direct, indirect or otherwise) from the use of the Services or any acts done or omissions made as a part thereof. In no event will the Firm be liable for any loss or damage including without limitation, indirect or consequential loss or damage arising out of or in connection with the use of the Website.
    4. The Services of this Website may be made available to You through Your accounts with third-party SNS which are not under the control of the Firm. We have no control over the nature, content and availability of such SNS.
    5. Every effort is made to keep the Website up and running smoothly. However, the Firm takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.
  • INTELLECTUAL PROPERTY RIGHTS
    1. Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Firm or the respective copyright or trade mark owner. Furthermore, with respect to the Website created by the Firm, the Firm shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
    2. The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the Firm/Website, to be determined in the sole discretion of the Firm.
    3. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the Privacy Policy.
  • DISCLAIMER OF WARRANTIES AND LIABILITIES
    1. The User agrees and undertakes that they are accessing the Website and availing of the Services at their sole risk and are that they are using their best and prudent judgment before availing any Service listed on the Website, or accessing/using any information displayed thereon or thereunder.
    2. The User agrees that any kind of information, obtained/availed from Website or under the Services, written or oral, will not create any warranty and the Firm disclaims all liabilities resulting from these.
    3. The Firm/Website does not guarantee that the information provided or not provided under the Services will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
    4. The Website may avail services from third parties to serve You better and these services will be provided on “as is” basis and the Website disclaims any liabilities resulting from these third-party services. The Website will not be responsible for any delays and damages caused by third parties.
    5. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
  • FORCE MAJEURE

    Neither the Firm nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities, sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, or any other illegal or unauthorized activity outside the control of the Firm.

  • DISPUTE RESOLUTION AND JURISDICTION

    It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms or the Privacy Policy and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this section shall survive even after the termination or expiry of the Terms and/or the Privacy Policy.

    1. Mediation: In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within 30 (thirty) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
    2. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Vijayawada.
    3. The Parties expressly agree that the Terms, Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India. The courts of Vijayawada shall have exclusive jurisdiction over any dispute arising out of or in relation to these Terms, the Privacy Policy, or any other policy of the Firm / Website.
  • NOTICES
    1. Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing at the Firm at [email protected]
    2. Any and all communications sent by the Firm to the email address provided by the User at the time of signing in to the website shall be considered valid notice for all purposes under these Terms and the Privacy Policy.
  • MISCELLANEOUS PROVISIONS
    1. Entire Agreement: These Terms, read with the Privacy Policy, form the complete and final contract between the User and the Firm with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
    2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right to enforce the same at a later time. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
    3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
    4. Contact Us: If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can contact us at [email protected]