Terms and Conditions of Use

Terms & Conditions agreement for HotPropertyBazaar.com and HPB Realty Private Limited.


This document integrates all your previous inputs (zero brokerage, bulk subscriptions, anti-fraud rules, RERA check alerts, and the Registered Office jurisdiction clause) while adding critical compliance elements mandated by the Government of India, including the Information Technology Act, 2000 (Section 79 Intermediary Safe Harbor), IT Rules 2021, Consumer Protection (E-Commerce) Rules, 2020, and the Digital Personal Data Protection (DPDP) Act, 2023.

TERMS AND CONDITIONS OF USE

Last Updated: [Insert Date]


Welcome to HotPropertyBazaar.com (“Website” or “Platform”). These Terms and Conditions (“Terms”) govern your access to and use of the Website, including any mobile applications, subdomains, and services offered by or affiliated with HPB Realty Private Limited (“Company”, “we”, “us”, or “our”).


By accessing, browsing, registering an account, or listing a property on HotPropertyBazaar.com, you unconditionally accept and agree to be bound by these Terms, our Privacy Policy, and our Legal Disclaimer. If you do not agree to these terms, please do not use this Platform.


1. Legal Status & Intermediary Safe Harbor Declaration

  • Intermediary Status: HotPropertyBazaar.com operates strictly as an Intermediary Platform / Online Marketplace as defined under Section 2(1)(w) of the Information Technology Act, 2000. We comply fully with Section 79 of the IT Act and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
  • No Control Over Content: The Platform merely acts as a passive conduit for third parties (Property Owners, Agents, Builders, Developers, and Businesses) to publish advertisements, property listings, layouts, and floor plans. The Company does not pre-screen, verify, author, own, or control the listings.


2. Zero-Brokerage Policy & Commercial Terms

  • Zero Commission: The Platform operates on an absolute Zero-Brokerage Model. We do not charge or collect transactional commission, success fees, or brokerage fractions from buyers, sellers, landlords, or tenants.
  • Subscription Model for Bulk/Premium Listings: Posting an individual property is free subject to our standard tier rules. The Company charges fixed, upfront Subscription / Package Fees solely for:
    • Bulk property postings (posting more than one property listing).
    • Premium placement, highlighted listings, or visibility boosts.
    • Dedicated builder project showcases and digital banners.
  • Non-Refundable Fees: All subscription fees paid to HPB Realty Private Limited are upfront and strictly non-refundable once a service or visibility package has been activated, regardless of whether a property transaction is successfully completed.


3. Mandatory Anti-Fraud & Payment Security Protection

  • Unauthorized Solicitations: The Company is entirely decoupled from the actual monetary transaction between users. No employee, representative, or agent of HPB Realty Private Limited is authorized to collect transaction money, advance payments, tokens, security deposits, or brokerage fees on behalf of any deal.
  • Reporting Mechanism: If any individual claiming to be associated with our Platform demands any commission, brokerage, or cash payment to secure or close a property deal, you must immediately decline and report the matter to support@hotpropertybazaar.com. The Company accepts zero liability for any financial losses or cyber fraud arising from your choice to transfer money to third parties.


4. Statutory Compliance & RERA (Real Estate Regulation & Development Act, 2016)

  • Advertiser Obligation: Any Builder, Developer, or Real Estate Agent listing a project or property that falls under the purview of the Real Estate (Regulation and Development) Act, 2016 (RERA) must display their valid RERA Registration Number clearly within the listing text. It is illegal to post non-registered or non-compliant properties if registration is mandated by law.
  • End-User Verification (Mandatory Advisory): The Platform does not audit or guarantee project approvals, municipal licenses, construction timelines, or RERA certificates. All Seekers, Buyers, and Tenants are legally and financially obligated to perform independent due diligence before passing token amounts, advance fees, or registering property deeds. You must verify credentials through:
    • Qualified real estate lawyers/practitioners.
    • Local administrative offices (Tehsil, Sub-Registrar office, Municipal Corporations).
    • The official State RERA Portal.


5. Prohibited Content & User Content Guidelines

In compliance with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree that you shall not host, display, upload, modify, publish, transmit, store, update, or share any information/listing that:

  • Belongs to another person and to which you have no lawful right or authorization.
  • Is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, or bodily harmful.
  • Harasses or is hateful, racially or ethnically objectionable, or disparaging to any community.
  • Contains false, misleading, or deceptive representations regarding a property's ownership, titles, price, built-up area, or local authority approvals.
  • Infringes any patent, trademark, copyright, or other proprietary/intellectual rights.
  • Violates any applicable Indian law for the time being in force (including property laws, money laundering acts, or cyber statutes).
  • Contains software viruses, malware, or any code designed to disrupt the core functionality of the Website.

The Company reserves the absolute right to pull down, delete, or suspend any listing that violates this clause without notice and without any refund of subscription fees.


6. User Accountability, Absolute Indemnity & Poster's Liability

  • Poster's Liability: If you voluntarily post a property for sale, rent, lease, or PG accommodation, you assume complete civil and criminal liability for the accuracy and legality of the information. If you intentionally list fake properties, engage in bait-and-switch advertising, or execute an unauthorized or fraudulent lease/sale, you will be solely held accountable by law enforcement authorities.
  • Indemnification: You agree to completely indemnify, defend, and hold harmless HPB Realty Private Limited, its directors, management, shareholders, employees, vendors, and affiliates against any and all claims, liabilities, lawsuits, monetary losses, legal expenses, damages, or regulatory fines that arise due to:
    • Your breach of these Terms or applicable laws (like RERA or the IT Act).
    • Fraudulent or faulty property data submitted by you.
    • Disputes, losses, or legal friction arising between you and any buyer/tenant/third party met via the Platform.


7. Intellectual Property & License Grant

  • Platform Ownership: The user interface, design, software source code, graphics, trademarks, logos, and proprietary tools used on HotPropertyBazaar.com belong exclusively to HPB Realty Private Limited. Unauthorized duplication, scraping, data harvesting, or reverse engineering is strictly prohibited.
  • User Grant: By uploading property details, descriptions, site photos, or layout images, you grant the Company a non-exclusive, worldwide, royalty-free, sub-licensable, and perpetual license to use, display, reproduce, distribute, and format that content for marketing, advertising, and operational optimization purposes across our platforms.


8. Digital Personal Data Protection (DPDP) Act, 2023 Compliance


  • Data Processing Consent: By creating an account or using our platform, you explicitly consent to the collection, processing, and storage of your personal data (name, contact number, email, property location) as outlined in our Privacy Policy.
  • Purpose Limitation: Your contact details will only be used to facilitate connections between interested property seekers and property posters. You retain the right to withdraw your consent or request data erasure by contacting our Data Protection / Grievance Officer, subject to statutory record-retention obligations under the IT Act.


9. Limitation of Liability


To the maximum extent permitted under applicable Indian laws, the Company, its owners, directors, and employees shall not be held liable for any direct, indirect, incidental, punitive, or consequential damages resulting from:

  • Any platform downtime, server errors, or transmission disruptions.
  • Differences between advertised property renderings/brochures and the actual physical property.
  • Project abandonment, delayed possession, or structure defects by a builder.
  • Cyber fraud executed by bad actors mimicking users on our platform.


10. Grievance Redressal Mechanism (IT Rules 2021 & Consumer Protection)


In compliance with the Information Technology Rules, 2021, and Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer for HotPropertyBazaar.com are provided below:

  • Name of Grievance Officer: [Insert Name]
  • Designation: Grievance & Compliance Officer
  • Email Address: [Insert Grievance Email, e.g., grievance@hotpropertybazaar.com]
  • Mailing Address: HPB Realty Private Limited, [Insert Full Registered Office Address]


The Grievance Officer will acknowledge complaints within twenty-four (24) hours and redresses grievances within fifteen (15) days from receipt. For reporting content violations under Clause 5, please provide the specific URL link along with supporting evidence of ownership or non-compliance.


11. Governing Law, Registered Office Jurisdiction & Dispute Resolution


These Terms of Use, the Privacy Policy, the Legal Disclaimer, and the overarching platform relationship between you and the Company shall be governed by, interpreted, and construed exclusively in accordance with the laws of the Republic of India.

Any legal disputes, lawsuits, claims, statutory complaints, or judicial proceedings arising out of or in connection with HotPropertyBazaar.com shall be subject to the exclusive jurisdiction of the competent courts located in the city and state where the Company’s Registered Office is situated. No other court, bench, or tribunal in any other location shall have jurisdiction over matters pertaining to this Platform.


12. Modifications to Terms


The Company reserves the absolute right to update, modify, add, or delete sections of these Terms at any time without prior individual notice. Any changes will be posted directly to this URL and will take effect immediately upon posting. Your continued use of the Platform after changes are published signifies your formal agreement to the updated Terms and Conditions.

 

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