Terms of Use

Welcome to Housewise, an online property management services platform.

GENERAL USAGE TERMS

HOUSE WISE SERVICES PRIVATE LIMITED, AND ITS AFFILIATES, REQUIRE THAT A GUEST OR A REGISTERED USER (COLLECTIVELY “YOU”) OF THE WEBSITE, DOMAIN NAME/S AND RELATED MOBILE APPLICATIONS CONTROLLED BY HOUSEWISE (COLLECTIVELY THE “WEBSITE” or “Website”) ADHERE TO THE FOLLOWING TERMS OF USE AND ANY FUTURE AMENDMENTS AND ADDITIONS THAT WE MAY PUBLISH FROM TIME TO TIME. THESE TERMS OF USE (THE “TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SITE. PLEASE READ THESE TERMS CAREFULLY, AND CONTACT US IF YOU HAVE ANY QUESTIONS. BY ACCESSING OR USING THE WEBSITE WHETHER AS A GUEST OR A REGISTERED USER, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY.

This document is an electronic record, in terms of Information Technology Act, 2000 and the rules made thereunder as applicable and the amended provisions pertaining to electronic records in various states as mended by the Information Technology Act, 2000. Being generated by a computer system it does not require any physical or digital signature and are accorded legal recognition under the requirements of Section 4 of the Information Technology Act, 2000.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the website www.housewise.in.

1. ABOUT THE HOUSEWISE WEBSITE

The Website offers various property management services and support for Owners looking to manage their properties and rent/sell out properties using the Housewise services.

Each User of the Website may avail the service offerings on the Website either by: (i) creating a registered User account with which he or she can manage multiple properties using all or selected Housewise Services; OR (ii) as a Guest via email at support@housewise.in, subject to additional terms and conditions as agreed between Housewise and the Guest.

2. ACCEPTANCE OF THE TERMS OF USE

3. INFORMATION ABOUT US AND OUR WEBSITE

4. AMENDMENT/MODIFICATION OF TERMS/SERVICES

5. KEY TERMS

"Payment" means that which is transferred by the Owner when registering for the Services via the Website or in accordance with payment terms under a separate services agreement with HW;

"Guest" means any person who uses the Website owned, operated and controlled by Housewise

"User/Users" means any person who uses and registers on the Website owned, operated and controlled by Housewise in accordance with Section 6 (Registration on Website) below;

"Resident"means any person who is using the Housewise services and/or who is residing at a Property and who is not an Owner of the Property. Resident may include a tenant or a buyer of a designated property depending on the nature of the transaction and related documentation signed between Owner and such Resident;

"Services/s" means and includes free services, paid services and add-on services;

"Service Request" means a request made by a User to appropriate services on the Website. This is done when registered User after completing the registration intake form followed by email OR a request made by a Guest via email to sales@housewise.in Both the registration request and the form are processed via email, along with all the requested information, by Housewise receiving them;

"Service Fee means a percentage of the Total Contract Value that Housewise will charge the Owner for the provided services.

Owner means the person or entity that has entered into a separate Services Agreement with Housewise to avail property management service offerings as agreed under such services agreement. Owners may purchase the HW Services as a User or as a Guest. Owners may be either individuals or legal entities, or any other entity that is the owner or authorised representative to enter into separate transactional documents in relation to the property for which the Housewise are being used;

"Move-In" means Housewise services relating to facilitating occupation of the Property by Resident;

"Property means the residence, flat, house, or other real estate asset that the Owner enters into a services agreement with Housewise;

6. REGISTRATION ON THE WEBSITE

6.1 REQUIREMENTS FOR REGISTRATION

When you create an account, you may be given the opportunity to opt-in to receive marketing emails from us, our affiliates or third parties. You can manage your email subscription preferences via our Website or unsubscribe from emails at any time. From time to time, we may need to send you service emails relating to your account, and we reserve the right to do so. If we believe that the registration information that the User provided is false or not correct, current or complete, or if we believe that the User has violated these Terms, we reserve the right to suspend or terminate the User’s application to register to the Website. However, we have no obligation to verify the accuracy, correctness, or completeness of any information that the User or others have provided nor are we liable for losses or any damage resulting therefrom. The User may not hold payments that Housewise is entitled to due to such action by Housewise.

7. GENERAL TERMS OF SERVICE

Housewise provides the following types of Services to different User categories:

7.1 SERVICE OPTIONS

Housewise EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. HOUSEWISE IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY VENDOR OR RETAILER.

7.2 USER CATEGORIES

Through its platform, HW supports you with access to a variety of services and related support services such to different categories of Users, whether registered or not.

Owners

Residents

8. RESTRICTIONS ON USE OF WEBSITE & ADD-ON SERVICES

You agree not to:

9. PAYMENT OBLIGATIONS

Use of the Website and Services, specifically paid-services and add-on services are subject to the fees at the rates, packages, schemes, amounts, overage charges and payment cycles separately provided to the User.

9.1 Services Fee:

9.2 Cancellation & Refund

There are specific services which are offered directly by third party vendors and the role of HW in such cases is only to post the availability of such services on our website. HW will not be liable or responsible in any way for such services or the quality of such services. Any payments being made by Users do not accrue to HW and HW will not entertain any requests for information / clarification regarding such Services. PLEASE NOTE THAT HOUSEWISE IS NOT A RESELLER OF SERVICES OFFERED BY THIRD-PARTY VENDORS. ALL SERVICES OFFERED BY THIRD-PARTY VENDORS ARE ON TERMS MUTUALLY AGREED TO WITH A USER OF THE WEBSITE. Housewise does not conduct any screening, background investigations or credit checks on any third-party’s creditworthiness or behavioural history, nor any investigations of the existence or actual state of any ongoing investigations. We strongly discourage Users from sharing sensitive confidential information directly with purported third-party vendors or wiring funds to such parties, based solely on electronic solicitations from such parties.

10. TERMINATION OF REGISTRATION

10.1 By User

User may request to terminate these Terms of Use and the registered User’s account by sending an email requesting termination to our email address support@housewise.in. Termination will enter into effect once we complete processing the User’s request. Termination will not relieve the User from remitting all payments due and will not entitle the User to any refund.

10.2 By Housewise

Any separate services agreement will continue to apply unless earlier terminated by you or Housewise. Upon termination without limiting any other remedies, HW may suspend or terminate your account if:

If you or HW terminate the agreements, or if HW suspends your access to the Services, you agree that Housewise shall have no liability or responsibility to you, and Housewise will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You or Housewise may terminate the Services Agreements in accordance with the termination procedure set out therein. This section will be enforced to the extent permissible by applicable law.

11. COMMUNICATION FROM HOUSEWISE:

As part of the Services offered to registered members, we may need to communicate with you via e-mail. You agree to receive e-mails which are specific to your account and necessary for the normal functioning of the Services, including one or more welcome e-mails or promotional e-mails, which help inform new users about various features of the Services. By becoming a registered member of Housewise and/or using the Services, you agree to receive certain communication from Housewise. You hereby confirm that, you do not have any objection to receiving emails, messages (SMS or any other mode) calls from Housewise, its group companies, affiliates and subsidiaries. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR).

We may also send Users occasional e-mail bulletins encouraging them to log in to the Network or take advantage of various features or offers, unless such Residents have opted not to receive these e-mails. These e-mails may also contain neighbourhood information, tips and suggestions or any other offer provided by third party. HW does not take any responsibility of the validity of any of these offers. If we make these e-mails available to Residents in your Network, you will be able to opt in or out of these e-mails at any time by updating your preferences through your "Settings" page.

12. INTELLECTUAL PROPERTY RIGHTS

The Website and the text, graphics, photographs, data, user interfaces, visual interfaces, content and materials, which contains ("Housewise Materials"), are the property of Housewise and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Housewise has a right to use as described below. All logos, tradenames, trademarks and/or service marks ("Marks") appearing on Website and other Housewise Materials are the properties either owned or used under license by Housewise. All rights accruing from the same, statutory or otherwise, wholly vest with Housewise. The access to this Website does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

Housewise respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Housewise 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, Housewise will be free to terminate the said User/s account forthwith without any notice to the user.

Any other trademarks, service marks, logos and/or trade names appearing on the Website are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Website without the express prior written consent of the owner.

13. DISCLAIMER OF WARRANTIES

ALL INFORMATION AND SERVICES PROVIDED BY THE COMPANY THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. HOUSEWISE DOES NOT WARRANT THAT THE SERVICES OFFERED ARE FREE OF ERRORS OR MISTAKES. HOUSEWISE DOES NOT WARRANT OR REPRESENT THAT DEFECTS OR LIMITATIONS IN THE SERVICES WILL BE CORRECTED. NOR DOES THE HOUSEWISE WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE CONTINUOUSLY. CERTAIN EXTENUATING CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED. HOUSEWISE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOUSEWISE PROVIDES NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITI ON, HOUSEWISE PROVIDES NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICES. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOUSEWISE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

HOUSEWISE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND (CONSEQUENTIAL, DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER) DUE TO ACCESS, DOWNLOAD OR USAGE OF CONTENTS FROM THE WEBSITE. THE CONTENT OF THE WEBSITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE.

14. LICENSE GRANT & FEEDBACK

In consideration for the rights granted to you under the Website, you grant us the right to User generated content from you or authorised by you under by using the add-on services:

You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Housewise may, in its discretion, publicly post submissions you submit to a non-public area of the Housewise Website or vice versa. Furthermore, except as otherwise provided in a separate subsequent written agreement, the receiver of the Feedback shall be free to use, disclose, reproduce, license or otherwise distribute, and exploit the Feedback provided to it, royalty free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. Housewise can be contacted on support@housewise.in or on (+91) 77-55-91-0850 or at Our office address Housewise Services Private Limited, Pune, Maharashtra, India.

15. LIMITATION OF LIABILITY

If, notwithstanding the other provisions of these Terms of Use, Housewise is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any data, content, Housewise’s liability shall in no event exceed the total of any service fees with respect to any service or feature of or on the Website paid in the six months prior to the date of the initial claim made against Housewise.

16. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Housewise, its officers, directors, employees and agents from any claim, cost, expense, judgment or other loss, expenses, liabilities, damages or demands (including legal fee and costs) incurred, in connection with or resulting from, directly or indirectly due to: (i) violation of the terms and conditions contained in this Terms by You, (ii) your use or misuse of or inability to use the Website, and/or any Professional Service, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another, and (v) Your confidential information and content that you submit or transmit through the Website. Housewise reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Housewise.

17. LINKS TO THIRD PARTY SITES

The Website may provide links (including hyperlinks) to web sites and access to content, products and services owned, operated and controlled by third parties, including users, plug- ins from sites or applications, advertisers, affiliates and sponsors of the Website.

You agree that Housewise is not responsible for the availability/accuracy of content including but not limited to opinions, advice, statements and advertisements provided on third party web sites and You shall bear all risks associated with the use of such content and for acting upon such content. Such links and plug-ins are provided as an information service, for reference and convenience only. You are requested to peruse the policies posted by respective web sites regarding privacy policy and terms of use before usage of the said third party web sites.

Housewise has no control over the services or websites of third parties and is not responsible for any loss or damage of any sort You may incur from usage of contents of third-party websites. Housewise makes no representations or warranties as to the functioning of any third-party website.

A link to a third-party web site from the website does not constitute endorsement by Housewise of the owner of the other site, the content of its site, or its products or services. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. HOUSEWISE EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD- PARTY SITES, AND YOU HEREBY AGREE TO HOLD HOUSEWISE HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

18. LINK TO PRIVACY POLICY

Housewise operates the Website and the Services under the PRIVACY POLICY available at https://housewise.in/privacypolicy.html, which forms part of these Terms and Conditions. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

19. GOVERNING LAW & JURISDICTION

By accessing the Website you agree that the laws prevailing in India shall be the governing laws in all matters relating to these Terms without regard to the conflicts of laws principles If you gain access to the Services from locations outside India, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Website content in violation of Indian data protection laws and rules for export laws or regulations. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of the state of Pune, Maharashtra, India.

20. ASSIGNMENT

These Terms of Use may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Terms of Use without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Terms of Use shall inure to the benefit of permitted successors and assigns.

21. MODIFICATIONS

This version of this Terms of Use became effective on 1 st March 2019 and amends, restates and replaces any version effective prior to such date. We reserve the right, in our sole discretion, to modify these Terms of Use, in whole or in part, at any time, with or without your consent. Notification of any amendment will be posted on the Website and will be effective immediately. You are under an obligation to review the current version of this Terms of Use and other policies before using the Website or the Services. Your use of the Website or the Services following any amendment of this Terms of Use will signify your assent to and acceptance of its revised terms.

22. MISCELLANEOUS

No delay or omission by Housewise in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the Terms of Use will impair any such right or be construed to be a waiver thereof, and a waiver by Housewise of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Terms of Use, "including" means "including but not limited to" If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, then this Terms of Use will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Terms of Use sets forth the entire agreement between You and Housewise regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Terms of Use or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.


Contact Us: You may contact us with any questions and queries about these Terms of Use at: support@housewise.in.


Last Revised: November 2018.