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1. About Landkhoj.com

This website and mobile application available on the Google Play Store, associated with www.landkhoj.com (“Platform”), is owned and operated by M/s Zircon Developers Private Limited (“Landkhoj”, “We”, “Us”, “Our”).

The Platform has been developed with the objective of providing an online interface to individuals and entities involved in real estate activities, including but not limited to property buyers, sellers, agents, dealers, builders, developers, advertisers, and service providers.

2. Acceptance of Terms 

By accessing, browsing, registering, or using the Platform in any manner, the User acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions, Privacy Policy, and Disclaimer, as amended from time to time.

If the User does not agree with any of the Terms and Conditions stated herein, the User must not access, browse, register on, or use landkhoj.com or any of its services.

Continued access to or use of the Platform shall constitute conclusive acceptance of these Terms and Conditions.

3. Definitions

3.1 “User”

“User” means and includes any person, whether an individual or a legal entity, who accesses, visits, registers, or uses the Platform, including but not limited to:

• Visitors
• Registered users
• Property owners
• Buyers or sellers
• Agents, dealers, or brokers
• Builders, developers, or traders
• Advertisers or service providers
• Content contributors or associates
   

The term “User” includes both Authorized Users and Unauthorized Users.

3.2 “Authorized User”

An “Authorized User” is a User who has validly registered and/or subscribed to the services of Landkhoj and has been provided access credentials such as a username and password, either generated by Landkhoj or selected by the User and approved by Landkhoj.

Only Authorized Users are permitted to access restricted features and services of the Platform.

3.3 “Unauthorized User”

Any person who accesses or attempts to access the Platform or its services without lawful authority, permission, or contractual right shall be deemed an “Unauthorized User”.

Unauthorized Users shall be bound by these Terms and Conditions, particularly with respect to intellectual property rights and usage restrictions, and may be subject to legal action.

3.4 “Services”

“Services” refers to the online information and interactive services provided by Landkhoj through the Platform, including:

• Hosting of property listings, advertisements, and project information
• Search tools and filters for accessing data from the Platform’s database
• Display of information uploaded by Users

Landkhoj does not act as an agent, broker, or representative of any User, whether expressly or impliedly.

3.5 “Marks”

“Marks” means and includes all logos, brand names, trademarks, service marks, and related intellectual property displayed on or associated with the Platform.

4. Nature of the Platform

Landkhoj.com is an open online platform that allows Users to post, upload, share, or display information, advertisements, documents, opinions, and content related to real estate.

• All information and content displayed on the Platform is provided solely by Users.
• Landkhoj does not verify, authenticate, guarantee, endorse, or assure any content, listing, service, or claim made by any User.
• Landkhoj shall not be responsible or liable, directly or indirectly, for the accuracy, legality, completeness, or reliability of any User-generated content.

Users engage with each other entirely at their own risk and responsibility.

5. Disclaimer of Responsibility

Landkhoj and/or any third-party websites linked to the Platform function only as online information and communication service providers.

Landkhoj shall not be liable for:

• Any transaction, agreement, or communication between Users
• Any loss, damage, fraud, misrepresentation, or dispute arising between Users
• Any decision taken by a User based on information available on the Platform

6. Modification of Terms

Landkhoj reserves the right to modify, amend, add, or remove any part of these Terms and Conditions and/or the Privacy Policy at any time, without prior notice, to reflect changes in law, technology, or business practices.

The User is advised to review these Terms and Conditions periodically or before accessing or visiting landkhoj.com, in order to be aware of any such modifications. The User’s continued access to or use of landkhoj.com after the posting of any changes shall be deemed conclusive proof of the User’s acceptance of these Terms and Conditions, as amended or modified from time to time.

7. Suspension and Termination

Landkhoj reserves the right to:

• Suspend or discontinue the Platform temporarily or permanently for maintenance, upgrades, technical reasons, or any other reason
• Terminate or restrict access of any User who violates these Terms and Conditions
• Block future access and take legal action where require

8. Legal Agreement

Each User accessing or using the Platform is deemed to have entered into a legally binding agreement with Landkhoj, governed by these Terms and Conditions.

LISTING AND POSTING OF PROPERTY ADVERTISEMENTS, REQUIREMENTS AND PROJECTS

1. Authority to List and Submit Content

The User agrees and undertakes that no property, project, requirement, advertisement, article, photograph, video, document, financial information, or any other content (“Content”) shall be submitted, uploaded, or published on landkhoj.com unless the User:

• Is the lawful owner of the property; or
• Has obtained valid authorization from the property owner or lawful power-of-attorney holder; and
• Has obtained all necessary permissions, licenses, and rights from photographers, videographers, copyright owners, or any third party whose intellectual property is included in such Content.

The User confirms that they have full legal right and authority to advertise, publish, and submit such Content on landkhoj.com and/or any associated platform of Landkhoj.

2. Disclosure of Material Information

The User shall disclose complete, true, and material information in respect of every property, requirement, or project submitted, including but not limited to:

• Current status and nature of the property/project/requirement
• Whether the property is free from encumbrances, liens, charges, disputes, or litigation
• Title, ownership, possession, and background details

No material fact shall be concealed, suppressed, or misrepresented.

3. Compliance with RERA and Applicable Laws

The User shall ensure full compliance with the Real Estate (Regulation and Development) Act, 2016 (RERA) and all other applicable laws.

The User confirms that:

• All required registrations, approvals, licenses, permits, and sanctions are valid and in force
• RERA registration (where applicable) has been duly obtained
• Correct and valid RERA Registration Number(s) and certificates are disclosed for the property/project and, where required, for the User itself

4. Supporting Documents and Verification

Landkhoj may, at its sole discretion, require the User to:

• Furnish documents supporting title, ownership, possession, approvals, and legal status
• Submit additional evidence of compliance from time to time
• Swear and submit an affidavit affirming the authenticity and correctness of the information provided

Failure to comply may result in removal of listings or suspension/termination of access.

5. Right to Review, Modify, or Remove Listings

Landkhoj reserves the right, without obligation, to:

• Review, search, monitor, or investigate listings
• Modify, edit, restrict, or delete any property, requirement, project, article, or Content
• Remove listings alleged or found to be in violation of these Terms

Such actions may be taken without prior notice and without assigning any reason.

6. Repeated or Intentional Violations

Landkhoj shall have the right, at its sole discretion, to:

• Terminate accounts
• Refuse present or future services
• Block access permanently

in cases where a User repeatedly or intentionally violates these Terms and Conditions.

7. Grant of Rights to Display and Use Listings

The User expressly agrees and grants permission to Landkhoj that any property listing, requirement, or Content submitted may be:

• Searched, displayed, accessed, viewed, downloaded, copied, or otherwise referred to by users of landkhoj.com or associated platforms

Landkhoj shall have the sole authority to determine the manner, format, ranking, display, accessibility, and usage of such listings or Content.

8. User Representations and Warranties

In addition to the above, the User represents, warrants, and undertakes that:

(a) All properties, requirements, projects, services, articles, and related information submitted are lawful, true, accurate, and genuine.

(b) No property or requirement shall be posted under the name of any real estate agent unless such agent has been duly authorized and engaged by the property owner.

(c) No incomplete, false, misleading, deceptive, or fabricated information, document, photograph, video, or statement shall be submitted in any manner whatsoever.

(d) The User shall not submit any abusive, unlawful, unethical, pornographic, manipulated, fake, unreliable, unverified, or community-detrimental content, whether knowingly or unknowingly.

(e) The User shall ensure its own registrations, approvals, licenses, permits, and legal compliances, including RERA compliance, in respect of itself and all properties/projects listed.

(f) The User shall disclose valid registration numbers and certificates as required under applicable law.

9. Disclaimer of Verification and Data Responsibility

Landkhoj does not undertake any responsibility to verify or validate:

• Accuracy, legality, or authenticity of information, reports, or data files submitted by Users

While reasonable efforts may be made for data backup and system continuity, the User shall be solely responsible for maintaining backup copies of all Content, including photographs, videos, documents, and other materials submitted.

10. User Due Diligence Disclaimer

Any User buying, selling, renting, collaborating, or entering into any transaction or association through landkhoj.com shall:

• Independently verify all property details
• Conduct due diligence regarding title, ownership, possession, encumbrances, liens, approvals, and legal status

Landkhoj shall not be liable for any loss, dispute, or claim arising from such transactions.

11. Consequences of Misuse

If the User utilizes landkhoj.com in a manner inconsistent with these Terms and Conditions, Landkhoj may:

• Terminate access
• Block future access
• Seek appropriate legal or equitable remedies as deemed fit and proper.\

INTELLECTUAL PROPERTY RIGHTS

1. Ownership of Intellectual Property

All logos, brands, trademarks, service marks, trade names, domain names, designs, layouts, and other intellectual property appearing on or in connection with landkhoj.com (“Marks”) are either:

• Owned by Team Landkhoj.com / M/s Zircon Developers Private Limited, or
• Used under valid license or authorization by Team Landkhoj.com and/or its associates.

All rights, whether statutory, proprietary, or otherwise, in respect of such Marks fully and exclusively vest with Team Landkhoj.com and/or its associates.

2. No License or Right of Use

Access to or use of landkhoj.com does not grant the User any license, right, title, or interest in or to any Marks or intellectual property of Team Landkhoj.com.

The use, reproduction, imitation, modification, publication, distribution, display, or exploitation of any Marks or intellectual property of Team Landkhoj.com in any form or manner whatsoever, without prior written permission, is strictly prohibited.

Any unauthorized use shall constitute a violation of applicable intellectual property laws in India and may result in civil and/or criminal liability.

3. Respect for Third-Party Intellectual Property Rights

Team Landkhoj.com respects the intellectual property rights of all Users and third parties and endeavors to comply with all applicable laws in India relating to intellectual property.

Landkhoj shall take reasonable steps, to the best of its ability, to protect and respect such intellectual property rights.

4. Infringement by Users

If any User is found to be using landkhoj.com as a platform to infringe, violate, or misappropriate the intellectual property rights of any other User or third party, Team Landkhoj.com shall be entitled to:

• Remove the infringing content
• Terminate the User’s access and account forthwith and without prior notice
• Take any other action deemed appropriate under law

Such termination shall be without prejudice to any other legal rights or remedies available to Team Landkhoj.com.

5. Reservation of Rights

All rights not expressly granted herein are reserved by Team landkhoj.

PAYMENT AND REFUND POLICY

1. Free and Premium Listings

Users may list or submit property advertisements and projects on Landkhoj.com free of charge, subject to platform policies.

However, Landkhoj.com offers various Premium Plans for enhanced visibility and priority listing, including but not limited to:

• Premium Property Listing
• Premium Requirement Posting
• Quick Deals
• Premium Project
• Premium Agent
• Premium Builder
• Premium Trade / Service Provider

Premium plans provide improved appearance, higher ranking, and priority display on the Platform.

2. Points-Based Activation System

Premium services shall be activated by utilizing Points, as required for each Premium category and duration, as specified under the “Advertise With Us” section of the Platform.

• The monetary value of each Point shall be determined solely by Team Landkhoj.com from time to time.
• The applicable value and required Points shall be displayed on the Platform.
• Landkhoj.com reserves the right to revise the value of Points and plan structures at its discretion.

3. Payment Terms

• All payments for paid Services shall be made on a 100% advance basis.
• Services shall be activated only upon receipt of full payment.
• Payments once made and Services once subscribed are non-refundable, and the amount paid shall stand appropriated.

Refunds, if any, shall be granted strictly at the sole discretion of Landkhoj.com.

4. Refund Processing and Timeline

In the event a refund is approved:

• Landkhoj.com does not guarantee the accuracy or timeliness of the refund reaching the User’s bank account or card.
• Processing timelines may vary depending on payment gateway and banking procedures.

If a User seeks refund of any outstanding balance available in their account, Landkhoj.com undertakes to refund 80% of such outstanding amount, after due processing and verification, within 30 (thirty) days from approval.

The remaining 20% may be retained towards administrative, processing, and transaction charges.

5. Set-Off Rights

The User acknowledges and agrees that Landkhoj.com shall have the right, at its sole discretion and without prejudice to other rights and remedies available under law, to:

Set off any amount paid or payable by the User against any outstanding amount payable by the User to Landkhoj.com under any other agreement, product, service, or commercial relationship.

6. Service Availability and Limitation of Liability

• Landkhoj.com does not guarantee uninterrupted server uptime or error-free functioning of the website or application.
• All Services are provided on a best-effort basis.
• In case of proven service deficiency in paid Services, liability, if any, shall be limited strictly to the refund of the amount paid for such Service.
• Landkhoj.com undertakes no liability whatsoever in respect of free Services.

7. Right to Amend

Landkhoj.com reserves the right to amend, alter, or change this Payment and Refund Policy, Disclaimers, or Terms and Conditions at any time without prior notice.

All Terms and Conditions and Disclaimers, whether specifically referenced or not, shall be deemed to be incorporated by reference wherever applicable.

USE OF DATA / INFORMATION

1. Proprietary Nature of Information

The User acknowledges and agrees that all information, data, listings, advertisements, postings, project details, and information relating to agents, dealers, members, builders, traders, service providers, or associates made available on landkhoj.com (collectively, “Content”) are proprietary to Landkhoj.com.

Such Content, including member-reserved content, databases, compilations, formats, and presentation, shall be treated as confidential and constitute trade secrets and intellectual property of Landkhoj.com.

The User shall maintain strict confidentiality of all such information.

2. No Authentication or Endorsement

Landkhoj.com does not:

• Guarantee the authenticity, accuracy, completeness, or reliability of any Content;
• Endorse or recommend any listing, advertisement, User, agent, builder, trader, or service provider.
   

The User acknowledges that all Content is accessed and relied upon strictly at the User’s own risk.

Listings and advertisements may be accessed solely for the purpose of obtaining preliminary information, after which the User must independently conduct further evaluation, verification, and investigation.

3. Permitted Use – Personal and Internal Purpose Only

The User agrees that access to and use of listings and advertisements shall be limited strictly to:

• Personal use; and/or
• Internal business evaluation purposes.

The User shall not:

• Further distribute, publish, transmit, display, sell, license, or commercially exploit any Content;
• Prepare derivative works from such Content;
• Facilitate or enable any third party to undertake the above activities.

4. Restriction on Use for Competing or Other Listing Services

The User shall not:

• Use, reproduce, copy, extract, scrape, compile, or republish any Content obtained from landkhoj.com for or in connection with any other listing, posting, brokerage, or property portal service;
• Use the Service in any manner that competes with or substitutes the services provided by Landkhoj.com;
• Aggregate or systematically retrieve data to create or compile a database or directory.

5. Prohibition of Excessive or Automated Use

The User shall not access or use the Service:

• In an abusive, excessive, or unreasonable manner;
• Through automated means including bots, crawlers, scrapers, scripts, or data-mining tools;
• By manual extraction intended to replicate or misuse the database of Landkhoj.com.

6. Consequences of Violation

Any User found violating the above provisions shall be subject to:

• Immediate suspension or termination of membership without prior notice;
• Blocking of future access to the Platform;
• Civil and/or criminal liability under applicable Indian laws, including but not limited to the Information Technology Act, 2000, and other governing statutes.

Such remedies shall be without prejudice to any other rights available to Landkhoj.com under law.

RESTRICTIONS / PROHIBITED ACTIVITIES

The User expressly agrees not to engage in any of the following prohibited activities while accessing or using landkhoj.com:

1. Unauthorized Access

The User shall not:

• Access or attempt to access any data, account, or server that is not intended for or authorized to the User;
• Log into any server or account without proper authorization.

2. Security Testing and Breach Attempts

The User shall not:

• Probe, scan, or test the vulnerability of any system, server, or network connected to landkhoj.com;
• Attempt to breach or circumvent security or authentication measures without proper authorization.

3. Interference with Platform Operations

The User shall not attempt to interfere with or disrupt the proper functioning of the Platform, including but not limited to:

• Interfering with access of any other User;
• Introducing viruses, malware, Trojan horses, worms, or any harmful code;
• Overloading, flooding, mail-bombing, crashing, or launching denial-of-service attacks.

4. Unauthorized Copying or Use of Content

Except as expressly permitted in writing by Team Landkhoj.com, the User shall not:

• Copy, download, distribute, display, reproduce, modify, edit, alter, enhance, broadcast, perform, publish, or otherwise use any material contained on landkhoj.com;
• Copy or distribute any information to another server;
• Modify or re-use any text, graphics, audio, video, or other materials on this Website for any other system or platform.

No reproduction of any part of the Website may be:

• Sold or distributed for commercial gain;
• Modified or incorporated into any other work, publication, or website;
• Published in hard copy or electronic format, including posting on any other website.

5. Removal of Intellectual Property Notices

The User shall not:

• Remove, alter, or obscure any copyright, trademark, logo, brand, or other intellectual property notice contained in any material copied or printed from landkhoj.com;
• Link to landkhoj.com in a misleading or unauthorized manner without express written consent.

6. Deep Linking and Automated Extraction

The User undertakes:

• Not to establish any deep link or direct connection to any specific page of landkhoj.com other than the homepage without prior written consent;
• Not to duplicate, copy, or extract web pages or content using automated processes such as spiders, crawlers, bots, scraping tools, or similar technologies;
• Not to manually copy content for any purpose not expressly authorized in writing.

7. Impairment of Platform Interests

The User shall not use the services of landkhoj.com in any manner that:

• Impairs the functioning, performance, reputation, or interests of Landkhoj.com;
• Violates applicable laws and regulations of India, including but not limited to the Real Estate (Regulation and Development) Act, 2016 (RERA/RERDA) and the Information Technology Act, 2000.

8. Spam and Unsolicited Communications

The User shall not use the Platform to:

• Upload, post, email, transmit, or otherwise make available, directly or indirectly, any unsolicited bulk email (UBE) or unsolicited commercial email (UCE);
• Engage in spamming or mass unsolicited communications.

Landkhoj.com reserves the right to:

• Monitor, filter, and block emails transmitted through its servers;
• Take necessary measures to comply with international best practices in preventing and eliminating spam.

9. Legal Consequences of Violations

Any violation of system or network security, misuse of services, or breach of these restrictions may result in:

• Immediate suspension or termination of access without notice;
• Blocking of future access;
• Civil and/or criminal liability under applicable Indian laws.

Such remedies shall be without prejudice to any other legal rights available to Landkhoj.com.

CYBER SECURITY, FRAUD PREVENTION & DIGITAL MISUSE

1. Prohibition of Cyber Misconduct

The User expressly agrees not to engage in, attempt, facilitate, assist, or promote any activity that constitutes cyber crime, digital fraud, or misuse of the Platform, including but not limited to:

• Unauthorized access to accounts, systems, servers, or databases;
• Identity theft, impersonation, or misrepresentation;
• Phishing, spoofing, smishing, vishing, or other social engineering tactics;
• Creation of fake accounts, fake listings, or fraudulent advertisements;
• Manipulation of payment mechanisms or refund systems;
• Circumvention of authentication or security protocols;
• Distribution of malware, spyware, ransomware, viruses, or harmful code;
• Data scraping, data mining, or unauthorized extraction of database content.

Any such activity shall constitute a material breach of these Terms and may result in civil and/or criminal liability under applicable laws, including but not limited to the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 (or any applicable penal statute).

2. OTP, Authentication & Account Security

The User acknowledges that passwords, One-Time Passwords (OTPs), verification codes, authentication credentials, and account confirmations are confidential security mechanisms intended solely for the registered User.

The User agrees:

• Not to share OTPs, passwords, or authentication codes with any third party under any circumstances;
• Not to request OTPs or login credentials from other Users;
• Not to misuse verification mechanisms to gain unauthorized access;
• To immediately report any suspected compromise of account security.

Landkhoj shall not be liable for any loss, fraud, unauthorized transaction, or account compromise arising from:

• Voluntary sharing of OTPs or credentials by the User;
• Phishing calls, fraudulent communications, impersonation, or deceptive practices by third parties;
• SIM swap fraud, device compromise, or hacking beyond the reasonable control of Landkhoj;
• User negligence in safeguarding account credentials.

The User shall bear sole responsibility for maintaining confidentiality of authentication details.

3. Platform Security Disclaimer

While Landkhoj implements reasonable technical and organizational measures to secure the Platform, the User acknowledges that no digital system is entirely immune from cyber risks.

Landkhoj does not guarantee that:

• The Platform will be free from cyber attacks;
• Unauthorized third parties will never gain access;
• Data transmission over the internet will be completely secure.

The User accesses and uses the Platform at their own risk.

4. Reporting & Enforcement

Landkhoj reserves the right to:

• Investigate suspected cyber misconduct;
• Suspend or permanently terminate accounts involved in suspicious activity;
• Remove fraudulent listings or content;
• Report suspected illegal activity to law enforcement authorities;
• Cooperate fully with regulatory and investigative agencies.

Landkhoj may disclose relevant information, logs, or account data to competent authorities in compliance with applicable law.

5. No Liability for Third-Party Fraud

Landkhoj shall not be responsible for any cyber fraud, financial fraud, phishing scam, impersonation, identity theft, or other criminal act committed by third parties using or misusing the Platform.

Users are strongly advised to exercise caution while:

• Sharing contact details;
• Engaging in property negotiations;
• Conducting financial transactions;
• Responding to calls or messages requesting OTPs or sensitive information.

All transactions and communications between Users are undertaken at their sole risk and responsibility.

THIRD-PARTY WEBSITE LINKS

1. Links to External Websites

Landkhoj.com may contain links to third-party websites, portals, services, or other resources available on the World Wide Web (“Third-Party Websites”).

Such links are provided solely for the convenience of the User.

2. No Representation or Endorsement

Team Landkhoj.com makes no representations or warranties whatsoever regarding:

• The availability, accuracy, reliability, legality, or content of any Third-Party Website;
• Any products, services, advertisements, or materials offered by such Third-Party Websites;
• Any results that may be obtained from accessing such websites.

The inclusion of any link does not imply endorsement, sponsorship, affiliation, or recommendation by Landkhoj.com.

3. No Responsibility or Liability

Landkhoj.com shall not be responsible or liable, directly or indirectly, for:

• Any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any Third-Party Website;
• Any transaction entered into between the User and such third parties.

Accessing Third-Party Websites is done entirely at the User’s own risk.

4. Independent Terms of Third Parties

The User acknowledges that Third-Party Websites may have their own terms and conditions and privacy policies.
Landkhoj.com shall not be responsible for the practices or policies of such third parties.

Users are advised to review the applicable terms before engaging with any Third-Party Website.

LIMITATION OF LIABILITY

1. General Limitation of Liability

To the maximum extent permitted under applicable law, Landkhoj.com (operated by M/s Zircon Developers Private Limited) shall not be liable for any damages of any kind arising out of or in connection with:

• The use of, inability to use, or reliance upon the Website;
• The content, materials, listings, advertisements, or information available on the Website;
• Any linked third-party websites or external resources.

Such exclusion of liability includes, without limitation, damages arising from:

• Errors or omissions;
• Interruptions or service disruptions;
• Defects or technical failures;
• Delays in operation or transmission;
• Computer viruses, malware, or harmful components;
• Communication line failures;
• Data loss or corruption.

Landkhoj.com shall not be liable for any direct, indirect, incidental, special, punitive, exemplary, loss of profit, or consequential damages, whether arising under contract, tort, warranty, strict liability, statute, or any other legal theory, including circumstances arising out of Force Majeure events.

This limitation shall apply whether or not Landkhoj.com was advised of the possibility of such damages.

2. No Responsibility for Data or System Failures

Landkhoj.com assumes no responsibility and shall not be liable for:

• Any error, omission, interruption, deletion, or defect in operation;
• Any delay in transmission;
• Communication line failures;
• Theft, destruction, unauthorized access to, or alteration of User data or information.

Users acknowledge that transmission of data over the internet is not completely secure and that Landkhoj.com cannot guarantee absolute security.

3. Technical Malfunctions and Internet Risks

Landkhoj.com shall not be responsible for any problems or technical malfunctions relating to:

• Online systems, servers, or service providers;
• Computer equipment, hardware, or software;
• Failure of email systems, APIs, messaging systems, or playback mechanisms;
• Internet traffic congestion or network failure;
• Combination of any of the above.

Landkhoj.com shall not be liable for any injury, damage, or loss to any User, Member, Customer, or any other person’s computer, device, or digital system arising out of or resulting from:

• Accessing the Website;
• Participating in services;
• Downloading any materials or information from the Website.

4. Applicability of Limitation

The limitations set forth herein shall apply regardless of:

• The form of action;
• The legal basis of the claim;
• Whether the alleged liability arises from negligence, breach of contract, breach of warranty, strict liability, statutory duty, or otherwise.

TERMINATION

1. Right to Suspend or Terminate

Landkhoj.com (operated by M/s Zircon Developers Private Limited) reserves the right, in its sole discretion and without prior notice, at any time, to:

• Suspend, restrict, or terminate a User’s access to the Website (in whole or in part);
• Remove or disable any content, listing, advertisement, or information submitted by the User.

Such action may be taken for any reason whatsoever, including but not limited to circumstances where Landkhoj.com, in its sole judgment, believes that the User has:

• Violated these Terms and Conditions;
• Acted inconsistently with the letter or spirit of these Terms;
• Engaged in unlawful, misleading, fraudulent, abusive, or inappropriate conduct;
• Misused the Platform in any manner.

2. Immediate Effect

Any suspension or termination shall take effect immediately upon implementation by Landkhoj.com.

Landkhoj.com shall not be liable to the User or any third party for any suspension, restriction, or termination of access to the Website.

3. Consequences of Termination

Upon termination:

• The User’s right to access or use the Platform shall cease immediately;
• Landkhoj.com may remove, delete, or disable access to the User’s account and content;
• Any outstanding obligations or liabilities of the User shall survive termination.

Termination shall be without prejudice to any other rights or remedies available to Landkhoj.com under applicable law.

INDEMNIFICATION

1. User Responsibility

The User acknowledges that submission, posting, transmission, or unauthorized use of any information, materials, listings, photographs, videos, documents, or other content on landkhoj.com may violate:

• Copyright laws;
• Trademark laws;
• Laws relating to privacy and publicity;
• Communication statutes and regulations;
• Real estate regulatory laws (including RERA);
• Any other applicable laws, rules, or regulations.

The User shall be solely responsible for:

• Their own actions; and
• The actions of any person accessing or using the Platform through the User’s account, username, or password.

2. Indemnity Obligation

The User agrees to defend, indemnify, and hold harmless Landkhoj.com (M/s Zircon Developers Private Limited), its associates, subsidiaries, affiliates, directors, officers, employees, agents, licensees, and business partners (collectively, the “Indemnified Parties”) from and against any and all:

• Claims;
• Demands;
• Actions;
• Proceedings;
• Liabilities;
• Losses;
• Damages;
• Penalties;
• Costs and expenses (including reasonable legal and accounting fees);

arising out of or relating to:

• The User’s use or misuse of the Platform;
• Any content submitted, posted, or transmitted by the User;
• Any violation of applicable law by the User;
• Any breach of these Terms and Conditions, Privacy Policy, or Disclaimer;
• Any infringement of intellectual property or other rights of any third party.

3. Scope of Indemnity

This indemnity obligation shall apply to claims brought by:

• Other Users;
• Government authorities;
• Regulatory bodies;
• Third parties of any nature.

The User agrees that Landkhoj.com shall have the right to assume the exclusive defense and control of any matter subject to indemnification, and the User shall cooperate fully in such defense.

4. Survival

The obligations under this Indemnification clause shall survive termination, suspension, or expiry of the User’s account and access to the Platform.

DISPUTE RESOLUTION AND ARBITRATION

1. Reference to Arbitration

In the event of any dispute, controversy, claim, or difference arising between a User and Landkhoj.com (M/s Zircon Developers Private Limited), arising out of or relating to:

• The use of the Website;
• These Terms and Conditions;
• The Privacy Policy;
• The Disclaimer;
• The validity, interpretation, implementation, or alleged breach thereof;

such dispute shall be referred to and finally resolved by arbitration.

2. Appointment of Arbitrator

The dispute shall be referred to a sole arbitrator.

The sole arbitrator shall be appointed by Landkhoj.com. The arbitrator shall be independent and neutral.

(If you want it stronger against challenge, we can modify this to “appointed mutually” — I can explain later.)

3. Governing Law and Statute

The arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time.

The substantive law governing the dispute shall be the laws of India.

4. Seat and Venue of Arbitration

The seat and venue of arbitration shall be Delhi, India.

The arbitration proceedings shall be conducted in the English language.

5. Final and Binding Award

The award passed by the arbitrator shall be final and binding on the parties and enforceable in accordance with applicable law.

6. Jurisdiction for Interim Relief

Subject to the arbitration clause above, courts at Delhi, India shall have exclusive jurisdiction for the purpose of:

• Interim relief;
• Enforcement of arbitral award;
• Matters not capable of arbitration.

SEVERABILITY

1. Governing Effect of Agreement

This Agreement between the User and Landkhoj.com (M/s Zircon Developers Private Limited) governs the User’s access to and use of the Website and its services.

2. Validity of Remaining Provisions

If any provision of these Terms and Conditions, or any part thereof, is held to be invalid, illegal, void, or unenforceable under any applicable law, rule, regulation, governmental order, or by the final judgment of a competent court, such provision shall, to the extent of such invalidity or unenforceability, be deemed severed from these Terms and Conditions.

3. Continuation in Full Force

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions, which shall continue in full force and effect.

WAIVER

1. No Implied Waiver

The failure, delay, or omission by Landkhoj.com (M/s Zircon Developers Private Limited) to exercise or enforce any right, remedy, or provision under these Terms and Conditions shall not constitute a waiver of such right, remedy, or provision.

2. Continuing Rights

Any waiver of any provision of these Terms and Conditions shall be effective only if made in writing and expressly stated as a waiver. No waiver of any breach or default shall be deemed to be a waiver of any subsequent breach or default.

GOVERNING LAW

1. Applicable Law

By accessing and using the Website, the User agrees that all matters relating to landkhoj.com, including these Terms and Conditions, the Privacy Policy, and the Disclaimer, shall be governed by and construed in accordance with the laws of India.

2. Exclusion of Conflict Principles

The application of any conflict of law principles that would result in the application of laws of any other jurisdiction is expressly excluded.

JURISDICTION

1. Exclusive Jurisdiction

Subject to the Arbitration clause contained herein, the courts at New Delhi, India shall have exclusive jurisdiction in respect of all matters, disputes, claims, or proceedings arising out of or relating to landkhoj.com and these Terms and Conditions, irrespective of the location, territory, or jurisdiction from which the User accesses the Website.

2. Monitoring and Regulatory Cooperation

Landkhoj.com (M/s Zircon Developers Private Limited) does not routinely monitor User postings on the Website but reserves the right to do so at its sole discretion.

If Landkhoj.com becomes aware of any inappropriate, unlawful, or unauthorized use of the Website or any of its Services, it reserves the right to take such action as it deems appropriate, including but not limited to suspension or termination of access.

The User acknowledges and agrees that Landkhoj.com shall have the right to report to law enforcement authorities any actions or activities that may be considered illegal, as well as any information received regarding such illegal conduct. Landkhoj.com shall cooperate fully with law enforcement agencies and regulatory authorities in connection with any investigation or proceeding relating to alleged unlawful activities conducted through the Website.

VIOLATIONS

Reporting of Violations

Users are requested to report any suspected violations of these Terms and Conditions, Privacy Policy, or Disclaimer to Landkhoj.com (M/s Zircon Developers Private Limited) at the following email address:

[email protected]

Landkhoj.com reserves the right to investigate and take appropriate action in response to any reported violations.