Terms of Use
In terms of the Information Technology Act, 2000, this document is an electronic record being 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 www.clearflat.com. The domain name www.clearflat.com ("Website"), is owned and operated by Clearflat Realty Private Limited ("Company") a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at "Galaxy House", 2nd Floor, Beside PCM Bus Terminal, Sevoke Road, Siliguri - 734001, Dist. Darjeeling, West Bengal, India, 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.
1. DEFINITIONS
For the purpose of these Terms of Use, wherever the context so requires,
1. “Agreement" means, collectively and as applicable to you, these Terms, and all other applicable terms, conditions, and policies, including Privacy Policy, that we make available to you in connection with your use of the Website/Services.
2. “Services" means, collectively or as applicable to you, the Websites/Services provided by the Clearflat pursuant to this Agreement and any applicable terms, conditions, and policies, including Privacy Policy, that we make available to you in connection with your use of the Website/Services.
3. "Website" means the websites and mobile applications maintained by Clearflat Realty Private Limited through which the Company may offer services.
4. “Clearflat”, “We”, “Us” & “Our” means the Website and/or the Company, as the context so requires.
5. “You” & “User” means 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. ‘Users’ include buyers, tenants, sellers, landlords, developers/builders/promoters, brokers, agents, realtors, institutional property consultants, mortgage professionals, subscribers and their subordinates.
6. “Party” & “Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
7. "Agent" means a real estate agent/broker/realtor/consultant representing the buyer/tenant or the seller/landlord or both the parties in the real estate transactions.
8. "Clearflat Agent" means the person employed by Clearflat or otherwise acting directly on behalf of Clearflat. For clarification, Clearflat Agents do not include real estate agents participating in the Local Agent Program.
9. "Local Agent Program" means the program offered by Clearflat for real estate agents who are not Clearflat Agents, by entering into a separate agreement through their dashboard.
10. "Local Agent" means the real estate agents participating in the Local Agent Program.
11. "Agent Employee" means the person employed by the Local Agent or otherwise acting directly on behalf of the Local Agent.
12. "Builder" means the builder/promoter/developer of the Projects in Residential and Commercial segment.
13. "Builder Employee" means the person employed by the Builder or otherwise acting directly on behalf of the Builder.
14. "Terms" means these Terms of Use.
15. "Your Content" means your Feedback and any data, content, information, ideas, comments, property information, listing information, photos, or other materials that you provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Privacy Policy.
16. "Feedback" means feedback, comments, and suggestions for improvements in connection with the Website/Services.
17. "Testing" has the meaning set forth in Section 24 of these Terms.
18. "Third Party Content" means Your Content and any data, content, information, or other materials provided by a third party, including, without limitation (i) such content and information other users of the Services provide to us or upload to the Services, excluding any personally identifiable information, the collection, processing, or any other use of which is governed by the Privacy Policy and (ii) content and information posted or provided by our service providers, or any third party multiple listing service, broker, or agent.
19. "Third Party Sites" means third party websites.
All other capitalized terms will have the meaning as provided elsewhere in this Agreement.
2. ELIGIBILITY
You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of forming legally binding contracts under Indian Contract Act, 1872. While individuals under the age of 18 may utilize the service of the Website, they shall do so only with the involvement & guidance of their parents and/or legal guardians, under such parent/legal guardian's registered account.
3. ACCEPTANCE OF TERMS
The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy, available at the website. Visiting the Website or using any of the Services offered through the Website shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. You also accept and agree to be bound by Privacy Policy, which may be amended from time to time. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, 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/using/accessing any part of the Website/Services constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE WEBSITE/SERVICES.
4. TERM
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/Services.
5. TERMINATION
If you have created an account to access the Services, you may deactivate your account at any time by contacting the Company’s Customer Service. You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the Services, in whole or in part, with or without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
6. AMENDMENT TO THE TERMS
The Company 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 must 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. If you do not agree to be bound by the updated Terms, then, you may not use or access the Website/Services anymore. Because our Services are evolving over time and we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
7. SCOPE OF SERVICES
The Website is an online service platform that gives advises and recommendations regarding real estate properties across the nation. The Company is only an intermediary offering its platform to facilitate the transactions between the Users of the Website/Services. The Company is not responsible or liable in any manner whatsoever for any non-performance or breach of any contract entered into between the Users of the Website/Service.
8. SUBSCRIPTION FEES
The applicable rate of the Subscription fees for the Services offered on the Website shall be such as mentioned in the Website/User Account or as may be prescribed by the Company from time to time.
9. CHARGEBACK POLICY
Payment for the services offered shall be on a 100% advance basis. Payment for service once subscribed to by the subscriber is not refundable and any amount paid shall stand appropriated. User acknowledges and agrees that the Company at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by the user to the Company under any other agreement or commercial relationship towards other products/services. The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in the processing of online transactions.
10. SECURITY
Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company/Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
11. THIRD PARTY SITES
The Services may include links to Third Party Sites. You should review any applicable terms or Privacy Policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. The Company is not responsible for and do not endorse any features, content, advertising, products or other materials on or available through Third Party Sites, even if originally accessed via a link on the Website.
12. FEEDBACK
You may give a Feedback. You hereby assign to the Company all of your right, title, and interest in and to the Feedback. To the extent applicable law does not permit assignment of the Feedback, you hereby grant the Company a perpetual, irrevocable, worldwide, exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use the Feedback in any manner in which the Company see fit. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution concerning your Feedback.
13. YOUR CONTENT
You grant to the Company a worldwide, non-exclusive, transferable, sublicensable, fully paid-up, royalty-free license to use, reproduce, modify (for formatting purposes only), distribute, and perform and display publicly Your Content (excluding Feedback) in connection with the provision of the Services to you or otherwise in connection with your permitted use of the Services. In addition to any of Your Content that is made available through the Services, we may share Your Content with our affiliates, service providers and/or subcontractors in order to deliver, develop, or improve the Services. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything in the Agreement to the contrary, the Company has no obligation to store or display Your Content. The Company may, but are not obligated to, monitor, modify, or remove Your Content at any time in their sole discretion. You agree that the Company may promote and market Your Content in connection with the Services.
14. COMMUNICATIONS WITH YOU
To access or use certain Services or features of the Services, you need to register and create an account with the Company. For purposes of responding to you and providing you with information and notices about your account or the Services, you agree that we may communicate with you through the contact information associated with your account. We have no liability arising from your failure to maintain accurate contact or other information, including, without limitation, your failure to receive critical information about the Services. When you request information from us, you are extending an express invitation for us to contact you.
You are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. In order to access or use certain Services or features of the Services, you are required to verify your mobile number through OTP verification process.
The User hereby agrees and consents to receive calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company or through any mode of messaging, and/or any of its affiliates or partners at any time, subject to the Policy.
15. YOUR REPRESENTATIONS
You represent and warrant that (i) you have the ability to enter into this Agreement and grant all assignments and permissions contemplated or contained herein; (ii) your use of the Services will be in compliance with all laws, regulations, this Agreement, Company policies, and third party policies, if and as applicable to you; (iii) Your Content and any Feedback are original to you and do not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person; (iv) Your Content and any Feedback do not contain any obscene, libellous, defamatory, abusive, or inappropriate content; and (v) our use of Your Content and any Feedback you provide will not infringe, misappropriate, or otherwise violate the rights, including any intellectual property rights or rights of publicity or privacy, of any person.
16. LISTING SUBMISSION GUIDELINES
1. Listings may be posted to, or updated on, in the Website by the Owner of the property or by the Listing Agent for such property. By accepting the Agent Request from their dashboard, the Owner of the property grants an exclusive right to the Listing Agent to list their properties on behalf of the Owner.
2. Listings may be posted to, or updated on, in the Website by the Builder of the Projects.
3. If you are Local Agent providing a listing to the Website from your dashboard, you hereby acknowledge and agree that:
a. the Owner of the property that is the subject of your listing has provided his/her consent and authorized you to post the listing to the Website and doing so does not violate any term of your agreement with, or legal duties owed to, the Owner of the property;
b. you have complied with all relevant laws, regulations, and policies, including those overseen or enforced by the applicable real estate regulatory authorities; and
c. you are only submitting information that you know to be true and accurate, and you will update or remove your listing submitted to the Website immediately if you become aware that information included therein is or becomes untrue or inaccurate.
17. COMMUNITY GUIDELINES
All of Your Content, including listing submissions, must comply with this Agreement, including these Community Guidelines, all as may be interpreted by Clearflat in its sole discretion. You hereby acknowledge and agree to comply with the following Community Guidelines:
i. Be respectful. We welcome debate, but we will not tolerate personal attacks or defamatory statements about other users, clients, customers or agents. Please avoid controversial topics such as politics, race, religion, and sexuality.
ii. Be honest. Only post information that you know is true and accurate. Similarly, do not misrepresent your identity or your affiliation with another person or entity. If you submit a review, your review must reflect your true and honest opinion of and experience with the provider, product, or service you review.
iii. Submit only what you have a right to submit. Do not submit or post any content that violates any applicable law or that infringes copyright or other intellectual property rights, including in the photos and written content that you submit. Do not submit information about real estate properties unless you are authorized to do so by the Owner of the property.
iv. Respect privacy and confidentiality. Do not publicly post the personal or private information of others or other peoples' contact information. This also includes communications from community administrators and moderators. In general, do not publicly disclose any confidential or sensitive information.
v. No spamming. Do not post advertising, junk mail, spam, scams, or chain letters.
vi. No illegal or offensive posts. Do not submit or post anything that contains abusive, threatening, illegal, inflammatory, libellous, obscene, or pornographic content.
vii. No discrimination. Do not post any content that expresses a discriminatory preference, even implicitly.
viii. Ratings and Reviews. We may publish ratings and reviews of real estate agents, builders/developers/promoters by all the Users of the Website. We publish the ratings and reviews, even if they are not good.
ix. Local Agent Program. Clearflat is not responsible for the work performed or the services provided by real estate agents in connection with the Local Agent Program.
18. INTELLECTUAL PROPERTY RIGHTS
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, questions, answers, 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 Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The Company respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Clearflat shall respect the Intellectual Property Rights of the users as well as third parties. In a case where a User/s are found to be using Website as a platform to infringe the Intellectual Property Rights of others, Clearflat will be free to terminate the said User/s account forthwith without any notice to the user.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced/infringed upon. 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 Policy.
19. ENTIRE AGREEMENT
You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and the Company regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions, that we make available to you in connection with your use of the Website/Services or otherwise communicated to you by the Company.
20. NO WAIVER
Our failure to act with respect to a breach of this Agreement or any term or condition herein by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
21. SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to give effect to the intention of the provision and the remaining part of the agreement shall be valid and subsisting as it is.
22. ASSIGNMENT AND DELEGATION
You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate all rights and obligations under this Agreement, fully or partially, without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, a Company for any third party that assumes our rights and obligations under this Agreement.
23. ALPHA AND BETA TESTING
The Services include any alpha or beta testing or other evaluation or use of products and services, features, functionality, and all components thereof (whether in the final or pre-release form) that we may conduct ("Testing"). Your participation in any Testing and use of any data, content, information, or other materials in connection with such Testing shall be subject to this Agreement.
24. DISCLAIMER
THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DO NOT CONTROL OR VET THIRD-PARTY CONTENT FOR ACCURACY. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DO NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES AND THE COMPANY AND ITS SERVICE PROVIDERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, CONDITIONS, AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT.
THE COMPANY IS NOT RESPONSIBLE FOR ANY ERRORS IN DISPLAYED INFORMATION OR DELAYS IN DISPLAYING INFORMATION ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT. THE COMPANY TAKES NO RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY THIRD PARTY CONTENT. ANY USE OR RELIANCE ON ANY THIRD PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN RISK, INCLUDING INFORMATION PROVIDED BY THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF, OR ANY CONTENT OR INFORMATION PROVIDED BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, A MULTIPLE LISTING SERVICE OR AN AGENT PARTICIPATING IN THE LOCAL AGENT PROGRAM.
THE COMPANY IS NOT RESPONSIBLE FOR, AND THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING, THE DELIVERY OF ANY MESSAGES (SUCH AS POSTING OF ANSWERS OR TRANSMISSION OF ANY CONTENT) SENT THROUGH THE SERVICES. THE COMPANY DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING ITS SERVICES, NOR DOES THE COMPANY HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES. THE COMPANY DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
THE COMPANY DOES NOT MAKE ANY GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS AND THE COMPANY DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS.
THE INFORMATION ON THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
THE VIEWS EXPRESSED ON THE SERVICES IN THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY IN RELATION TO THIRD PARTY CONTENT.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL THE COMPANY OR ANY OF THEIR AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS, THE AGREEMENT, OR YOUR USE OF THE SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST THE COMPANY, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR REPRESENTATIVES WITH RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT FOR SUCH SERVICES, IF APPLICABLE, AND/OR DISCONTINUE USING THE SERVICES.
26. INDEMNIFICATION
You agree to defend, indemnify, and hold the Company, and its respective agents, employees, directors, officers, administrators and representatives harmless from and against all claims and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of (a) your failure to comply with applicable laws, regulations, this Agreement, any Company policies, and third party policies, if and as applicable to you; (b) Your Content and Feedback; (c) use of Your Content and Feedback as contemplated or permitted under this Agreement; or (d) any activity in which you engage on or in the Website/Services.
27. SUBMISSIONS
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
28. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising here from 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 Policy.
a) 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 both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) 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 Company, and the award passed by such sole arbitrator will be valid and binding on both 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 Siliguri in the state of West Bengal, India.
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Siliguri shall have exclusive jurisdiction over any disputes arising between the Parties.
29. NOTICES
Any notices or other communications that you wish to send to us may be addressed to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due ( RPAD / SPAD).
Clearflat Realty Private Limited
Galaxy House, 2nd Floor
Beside PCM Bus Terminal
Sevoke Road, Siliguri – 734001
Dist. Darjeeling, West Bengal, India
Ph: +91 98000 76000
30. RERA DISCLAIMER
Project Developers/Builders and Real Estate Agents, are required to comply with rules, regulations and guidelines of RERA Act 2016 and obtain necessary registration under the said Act. It is mandatory for Project Developers/Builders and Real Estate Agents to disclose on the Website, all material and requisite information as required under the Act. We do not guarantee that Project(s) and Real Estate Agent(s) have registered under the Act or are compliant with the same. In no event will the Company be liable for any claim made by the Users including seeking any cancellation for any of the inaccuracies in the information provided in this Website.
It is recommended and advised to refer to respective RERA website(s) to see and obtain complete information with respect to any Project/Property (which is required to be registered under RERA Act 2016) developed, built by a Developer/Builder and/or initiated/referred to by a Real Estate Agent, before making any Buy/Sell or any other decisions.
Clearflat makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability with respect to the information, services or related information provided by Developer/Builder/Promoter/Real Estate Agent on its Website with respect to any Property or Project.