This User Agreement contains the term and conditions for the use of Bada Property Exchange’s website, mobile application and shall further apply to all future platforms that may be devised from time to time by the company being, Bada Propdeal Pvt. Ltd. and is brought into effect on this 27th day in the Month of September the year 2019.
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.
In consideration of Your use of any of the Services (defined below) provided by Bada Property Exchange Pvt. Ltd, hereinafter referred to as Bada Property Exchange, operators of Bada Property Exchange, Bada Property Exchange requires that You (the expression of which shall include ,unless incumbent, the words “User”, “Broker” “You”, or “Your”) agree to all terms and conditions in this User Agreement, Waiver of Liability, and Release (“Agreement”), as applicable. The “Services” provided by Bada Property Exchange are composed of several elements, including (1) Providing a platform for barter of Property regardless of kind of property, and (2) all other related equipment, personnel, and information provided or made available by Bada Property Exchange, inclusive of but not limited to providing property brokers.
The User is advised to read all terms and conditions before entering into this Agreement carefully.
On completion of your trade, Bada Property Exchange shall provide you with a Broker, who shall assist in all the legalities for affecting transfer of the bartered property.
You must follow all Laws with regards to Transfer of Property, inclusive but not limited to the Transfer of Property Act, 1882 and the Indian Contract Act, 1872.
If there is a Charge or liability so attached on the property so proposed to be bartered, the charge/liability must be disclosed while listing the property on any of the platforms so maintained and introduced from time to time by Bada Property Exchange. Bada Property Exchange, its affiliates and officers shall not be held liable for such non-disclosure and the Users of the platform, inclusive of the brokers as the case may be, shall be called upon to indemnify any damages, whether tangible or intangible, so caused by such non-disclosure.
Bada Property Exchange clearly agrees to let, and the User clearly agrees to take on, the use of the various platforms of Bada Property Exchange, subject to the terms and conditions set out herein. Unless otherwise indicated, all monetary values set forth in this Agreement shall be deemed to be denominated in Indian Rupees.
1.1 User is the Sole User
That Bada Property Exchange and the User are the only parties to this Agreement. The User is the sole User and is solely responsible for being in compliance with all the terms and conditions contained herein. You understand that when you use any of the services, inclusive of mere browsing of applications/websites and other such platforms that may be introduced from time to time, the services so availed must be used only by You.
1.2 User is At Least 18 Years Old
Users certifies that they are at least 18 years old. Minors may use Bada Property Exchange, but only if the Service is subscribed for by and under the responsibility of the minor’s parent or legal guardian. By consenting use of the Service by a minor, the parent or legal guardian agrees they are fully responsible and liable for all injuries, damages, and costs and expenses arising from or related to the minor’s use of the Service and guarantees, represents, and warrants: (i) the parent’s or legal guardian’s; and (ii) the minor’s acceptance of and agreement and compliance with all terms and conditions of this Agreement as a User.
1.3 Users, who are brokers, are Experienced Real Estate Brokers
The Users, who are brokers, hereinafter referred to simply as brokers denotes and certifies that they are familiar with the transfer of property laws, and are competent to effectuate transfer of property. By choosing to use the services of the present platform, the User and broker assumes all responsibilities and risks for any damages, directly or indirectly caused by the use of this platform. Bada Property Exchange cares about its users and advices against making rash and negligent decisions in anyway while using the platform. The User, including the broker, further warrants to make dealings in good faith and in a Bonafide manner.
1.4 Properties so listed is not the Exclusive Property of Bada Property Exchange
User agrees that the properties so listed on the platforms of Bada Property Exchange and any other latches/charges/liabilities attached to the property so proposed to be bartered, bought, sold, leased, rented, etc is not the exclusive property of Bada Property Exchange. The Users must personally verify the details of the property so sought to be bartered, bought, sold, leased, rented, etc. Bada Property Exchange shall not be held responsible for any consequential damages, whether tangible or intangible, for the misrepresentations of the various users, inclusive of the brokers and such misrepresenting parties shall indemnify Bada Property Exchange for any such callous acts. The Users of the platform are advised caution while making dealings using the various platforms of Bada Property Exchange.
1.5 Operating Hours and Property Availability
The users agrees and acknowledges that the platforms are available 24 hours a day, 7 days/week, 365 days per year, except in the events of impossibility. The number of properties are limited and property availability is never guaranteed.
1.6 Platforms May be Used and/or Operated only for properties in the Bada Property Exchange Designated Areas
Users agree to only use and/or operate the platform in respect of Bada Property Exchange designated regions/areas, in other words, only those properties which are listed on the Bada Property Exchange Application/Platform.
1.7 User Must Follow Laws Regarding Use, Transfer and/or Operation of Property
The User agrees to follow all the laws relating to the use, transfer and/or operation of the Property, including all state and city laws and the rules and regulations pertaining to properties in the area where the user is bartering, buying, selling, leasing, renting, etc the Property in question.
1.8 Platform is Intended for Only Limited Types of Use
Users agree that they will not use the platform for any other purpose other than those for which the platform is developed and maintained from time to time, The platform shall not be used in any location that is prohibited, illegal and/or is creating nuisance to others. Users agree that they will not use the platform for hire or reward of property nor use it in violation of any law, ordinance or regulation.
1.9 Kinds of Users
For the purposes of this agreement, the platform being operated by Bada Property Exchange recognises three kinds of users. They are as follows;
2.1.1 Consumer Fees
The Consumer, may use the platform for mere browsing free of cost or as otherwise in accordance with the rate plans described in the App. In each case, fees and other charges may be subject to applicable taxes and other local Government charges, which may be charged and collected by Bada Property Exchange. Bada Property Exchange will charge the Consumers wallet or other agreed payment methods the amount of the fees as described in this Agreement, which at the time of making of this agreement is 10 Rs. per transaction, transaction here would be defined as property being bartered, bought, sold, leased, rented, etc. The fees so prescribed is subject to revision by Bada Property Exchange without any prior notice being given to the User. The above stated fee does not include legal costs and broker comThe Consumer, may use the platform for mere browsing free of cost or as otherwise in accordance with the rate plans described in the App. In each case, fees and other charges may be subject to applicable taxes and other local Government charges, which may be charged and collected by Bada Property Exchange. Bada Property Exchange will charge the Consumers wallet or other agreed payment methods the amount of the fees as described in this Agreement, which at the time of making of this agreement is 10 Rs. per transaction, transaction here would be defined as property being bartered, bought, sold, leased, rented, etc. The fees so prescribed is subject to revision by Bada Property Exchange without any prior notice being given to the User. The above stated fee does not include legal costs and broker commissions and the same is chargeable by the brokers at actuals.
2.1.2 Broker Fees
That, every broker of Real Estate who wishes to be registered broker of Bada Property Exchange shall be charged a one-time payment of Rs. 10,000 per annum. Any Broker who fails to pay the fees shall be liable to be terminated as a Broker of Bada Property Exchange and shall further not have any right to claim damages of whatever form from Bada Property Exchange. The commission of the Brokers shall not exceed 2% of the actual transfer value of the property so being transferred/leased/bought/sold or bartered. The fees so prescribed is subject to revision by Bada Property Exchange without any prior notice being given to the User.
2.1.3 Exclusive Broker Fees
That, every broker of Real Estate who wishes to be registered as an Exclusive Broker of Bada Property Exchange shall be charged 20% of the commission so charged on every transaction so completed. A transaction would be said to be completed the moment the Exclusive Broker receives the commission so charged. The commission to be levied by the Exclusive broker shall not exceed 2% of the actual transfer value of the property so being transferred/leased/bought/sold or bartered. The fees so prescribed is subject to revision by Bada Property Exchange without any prior notice being given to the User. Throughout this Agreement, the word Broker is to also be read harmoniously to apply to Exclusive Brokers as well, unless the context makes it repugnant to dos.
2.2 Promo Codes
Promo codes (discounts) are one-time offers and can only be redeemed via Bada Property Exchange App. Only one promo code will be applied to a single transfer. Bada Property Exchange reserves the right to modify or cancel discounts at any time. Discounts are limited to one per customer and account and may not be combined with other offers. Discounts are non-transferable and may not be resold.
“Claims” means, collectively, any and all claims, injuries, demands, liabilities, disputes, causes of action, proceedings, obligations, debts, liens, fines, charges, penalties, contracts, promises, costs, expenses (including attorneys’ fees, whether incurred at trial, on appeal, or otherwise), damages (including consequential, compensatory, or punitive damages), or losses (whether known, unknown, asserted, fixed, conditional, or contingent) that arise from or relate to (a) any of the Services, including any of the equipment or related information, or (b) Users use of any of the foregoing services. “Released Persons” means, collectively Bada Property Exchange and all of its owners, managers, affiliates, employees, agents, representatives, successors, and assigns, and (ii) every sponsor of any of the Services and all of the sponsor’s owners, officers, directors, affiliates, employees, agents, representatives, successors, and assigns. In exchange for User being allowed to use any of the Services, and other equipment or related information provided by Bada Property Exchange, Users, including Brokers, (acting for User and for all of Users family, heirs, agents, affiliates, representatives, successors, and assigns) do hereby fully and forever release and discharge all Released Persons from all Claims that User has or may have against any Released Person, except for Claims caused by the Released Person’s gross negligence or wilful misconduct. Such releases are intended to be general and complete releases of all Claims. The Released Persons may plead such releases as a complete and sufficient defence to any Claim, as intended by the third party beneficiaries of such releases. Users expressly agrees to indemnify, release and hold harmless Released Persons from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the sole or partial negligence of Bada Property Exchange and/or the negligence of others, whether based upon breach of contract, breach of warranty, active or passive negligence or any other legal theory, in consideration for using and/or operating the platform.
The User hereby acknowledges and agrees that The Users use of any of the Bada Property Exchange services or related equipment is at the Users sole risk.
To the fullest extent permitted by law, and with respect to your use of any of the services or related equipment, Bada Property Exchange and all other released persons disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.
All of the services and related equipment are provided “as is” and “as available” (and you rely on them solely at your own risk).
Bada Property Exchange and all other released persons do not represent or warrant that any of the services, or related equipment will be in good condition or error-free, and delays, omissions, interruptions, or inaccuracies could exist with respect to any of the services or related equipment.
3.3 Limited Liability
User does hereby acknowledges and agrees that, except as may otherwise be limited by law, Bada Property Exchange and all other released persons are not responsible or liable for any claim, including those that arise out of or relate to (a) any risk, danger, or hazard described in this agreement, (b) User’s use of, or inability to use, any of the services, or related information, (c) User’s breach of this agreement or User’s violation of any law, (d) any negligence, misconduct, or other action or inaction by User, or (e) any negligence, misconduct, or other action or inaction of any third party.
User does hereby waive all claims with respect to any of the foregoing, including those based in contract, tort (including negligence), statutory, or other grounds, even if Bada Property Exchange or any of the other released persons has been advised of the possibility of such claims.
The total liability of Bada Property Exchange and all other released persons for all claims, including those based in contract, tort (including negligence), statute, or other grounds, is limited to the sum of INR 1,000.
Some jurisdictions do not allow for limited liability or exclusion of implied warranties; and, if any of those laws apply to User, then some or all of the above disclaimers, exclusions, or limitations might not apply to User, and User might have additional rights.
3.4 Assumption of Risk by Consumer
Consumer is solely and fully responsible for the safe operation of the Platforms at all times. Consumer agrees that platforms are subject to technical and human errors that may malfunction, even if the platform is properly maintained, and that such malfunctions may cause damages(Liquidated or otherwise). Consumer agrees that transfer of property and as such all other like-wise transactions involves many obvious and not-so-obvious risks, dangers, and hazards, which may result in injury or damages or death to the Consumer or others, as well as damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. User agrees that such risks, dangers, and hazards are Consumer’s sole responsibility, including, but not limited to, due diligence of the property it-self. Consumer agrees that if Consumer’s use of any of the Services causes any injury or damage to another person or property, then Consumer may be liable for all resulting injuries, damages, and related costs. By choosing to use the platform for bartering, buying, selling, leasing, renting, etc, of property, the Consumer assumes full and complete responsibility for all related risks, dangers, and hazards, and Consumer agrees that Bada Property Exchange and all other Released Persons are not responsible for any injury, damage, or cost caused to the Consumer with respect to any person or property, including but not exclusive to the proposed property to be transacted upon.
3.5 Broker Responsibilities
For the purposes of this Clause, Broker shall include to mean both Clause 1.9(b) and (c). The Broker shall hereby adhere to the following;
Users will indemnify and hold the Released Persons harmless from all losses, suits, claims or other proceedings arising out of or relating to your use of the platform and any breach of the terms of this Agreement; provided, however, that Released Persons must notify You as soon as practicable after the notice of such loss, suit, claim or other proceeding is served on Released Persons directly (as opposed to service on a statutory agent for service of process) or otherwise brought to the attention of Released Persons.
The term of this Agreement begins when User first uses the Service, and the term ends 20 years after User’s last use of the Service; provided, however, that User’s personal financial responsibility under this Agreement expires ten years after the User’s last use of the Service.
4.2 Termination by Bada Property Exchange
At any time and from time to time, and without the User’s consent, Bada Property Exchange may unilaterally terminate User’s right to use the Service, in Bada Property Exchange’s sole discretion and without any notice or cause. User may terminate User’s use of the Service at any time; provided, however, that (i) no refund will be provided by Bada Property Exchange, (ii) the term of this Agreement continues in accordance with this Agreement, (iii) User may still be charged any applicable additional fees in accordance with this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of User’s right to use any of the Service, regardless of how the Agreement is terminated.
For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably: (1) give Your full and unconditional consent to Bada Property Exchange and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings related to Your use of the Services, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity; (2) grant to Bada Property Exchange and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice related to Your use of the Services, at any time and from time to time, (b) all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and (c) the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Bada Property Exchange may decide in its sole discretion, such photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and (3) waive, release, and discharge all Released Persons from all Claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.
Bada Property Exchange may be contacted by Mailing Address as follows;
“Bada Propdeal Private Limited
A/Office-405, Shilp Aaron, Sindhu Bhavan,
Nr. Pakvan Circle, Opp. Ameda Clinic, Bodakdev, Ahmedabad,
Ahmedabad, Gujarat, India, 380059”
This Agreement is governed by, and must be construed and enforced in accordance with, the laws of India. For every dispute regarding this Agreement: (i) the prevailing party is entitled to its costs, expenses, and reasonable attorney fees (whether incurred at trial, on appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which the party may be entitled; (ii) each party consents to the jurisdiction of the courts of Ahmedabad and agrees that those courts have personal jurisdiction over each party; (iii) venue must be in Ahmedabad, Gujarat; and (iv) the parties must submit the dispute to mandatory mediation to be held at the Offices of Bada Property Exchange. The parties agree that any dispute will be first subject to mediation. Every mediation must be completed within 6 months of the date when the initial notice demanding mediation was provided by any party. If, for any reason, the dispute is not resolved through mediation within the 6-month period, then the parties may continue seeking to resolve the dispute by Arbitration. The seat of Arbitration will be in Ahmedabad, Gujarat, India. The Hon’ble Arbitral Tribunal shall consist of a Sole Arbitrator to be appointed in accordance with the Indian Arbitration and Conciliation Act, 201___.
No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right or remedy provided by law.
This Agreement contains the complete, final, and exclusive integrated agreement between the parties with respect to its subject matter. This Agreement succeeds all other prior agreements, written or oral, relating to such subject matter. Bada Property Exchange may amend, modify, or change this Agreement at its discretion and without any notice or cause, at any time, periodically, without User’s consent. By continuing to use any Service after any amendment, modification, or change, User has agreed to be bound by all such amendments, modifications, and changes. User must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes. Whenever a change is made to this Agreement, Bada Property Exchange will post a notification on the Website. The pricing set forth on the Website supersedes all pricing set forth in this Agreement.
The headings in this Agreement do not affect the interpretation of this Agreement. “Or” is not exclusive in its meaning. “Including” means “including, but not limited to.” Unless the context otherwise requires, words in the singular number or in the plural number shall each include the singular number or the plural number. All pronouns include the masculine, feminine, and neuter pronoun forms.
There may be other translated versions of this agreement and in the event of a conflict between the clauses of the translated version and the English version the English version shall be applicable.
USER ACCEPTANCE OF AGREEMENT
I certify that I am the User, I am 18 years old or above, and I have read and expressly agree to the terms and conditions set forth in this Agreement.
I certify that I am the Parent and/or Legal Guardian of the User, who is at least 13 years old, and I am 18 years old or above. I have read, and I expressly agree to, the terms and conditions set forth in this Agreement and authorize use of the Service by the minor User.