Terms and Conditions

These terms of use ("Terms") constitute a legally binding agreement between you and Svarnabhumi (the "Company/ We/ Svarnabhumi or Us") regarding the use of the web application/ website www.facilitz.in/
www.svarnabhumi.com (the "Site") or the domain thereof and any service offered or deemed to be offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the "the Service").

Your use of the Site and services and tools are governed by the following Terms & Conditions which are incorporated herein. By mere use of the Site, you shall be contracting with Svarnabhumi, the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with Svarnabhumi. Therefore, it is imperative that before using the platform you acquaint yourself and understand the applicability and consequential application of these terms & conditions.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.

Svarnabhumi may amend/modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions on Svarnabhumi. You may review the modified terms and conditions periodically to be aware of such modifications and your continued access or use of Svarnabhumi, shall be deemed conclusive proof of your acceptance of these terms and conditions, as amended/modified from time to time. Svarnabhumi reserves the right to suspend the operations for support or technical upgradation, maintenance work, in order to update the
content or for any other reason without intimating any user in advance.

Defined Terms:

Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:

"Agreement" shall mean and include the completed application form, its attachment(s) and the terms and conditions stated herein. It shall be deemed to have been executed at Mangaluru, Karnataka.
"Company": is defined as Svarnabhumi ("the Company") a proprietorship Firm and having its registered office at 2nd floor, pride Centre, behind Mangalore City Corporation, Mangalore – 575003, Dakshina Kannada, Karnataka, INDIA., along with its unit for the Company's website www.facilitz.in and www.svarnabhumi.com
"Date of Commencement" is the date indicating the acceptance of the application by the User to the service.
"Date of Termination" is the date of expiry mentioned in the notice or/and the letter of termination and/or the date when the services are supposed to end.
“Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User's name, telephone number, mailing address, account and email address.
"User" will includes everyone who is a Subscriber/Advertiser(s) and Browser/Visitor(s) either as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form and includes his successors and permitted assignees. "User" or "You" also includes any person who access or avail the Services provided by the Company for the purpose of hosting, publishing, sharing, listing, transacting, viewing, displaying or uploading information or views and includes other persons jointly participating in using the Services provided by the Company.

Duration of the Agreement:

The Duration of the Agreement shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect till the User continues to access the Site and avails the Services provided by the Company.

Services Offered:

Company provides a number of internet-based services through its platform and shall include:
a. Posting User profile or listing for the purpose of sale/rental of property, and related property services etc.
b. Find a property through svarnabhumi.com and its internet links.
c. Place a print advertisement in any of the group publications through the www.svarnabhumi.com site.
d. Post advertisements on www.facilitz.in.
e. Send advertisements and promotional messages through emails and messages.

Eligibility:

You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are competent to enter into a valid and binding contract apart from being capable of entering, performing and adhering to these Terms & Conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian's registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this site and provide your details including but not limited to complete name, age, email address, residential address, and contact
number.

Obligations and Representations of User/Subscriber:

To provide accurate, complete and correct registration data on initial application for the Services.
The User agrees that any data entered on the Site will be subject to mandatory verification process by the Company.
Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
The User shall be solely responsible for all information retrieved, stored and transmitted by him.
The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
The User shall be responsible for all the activities that occur on his/its display name and password.
The User agrees to immediately notify the Company of any unauthorized use / breach of his/its password or account and ensure to exit from the account at the end of each session.
The User shall immediately notify the Company of any un-authorized use of the User's account or any other breach of security known to the User.
The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
To ensure that he/she is above 18 years in age and competent to enter into the contract.
The User shall be responsible for the set-up or configuration of his equipment for access to the Services.
User hereby declares that he/it is fully aware that the online advertisements placed with facilitz.in shall be reflected after 48 hours and agrees to the stipulated 48 hours processing.
The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by Svarnabhumi (“Company”) as deemed fit by them.
The User shall give out to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User on facilitz.in with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of facilitz.in. The User shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any manner.
The User will indemnify Svarnabhumi (“Company”) for any action or claim committed/made by any third party resulting from any information posted on the Site by the User or/and anybody else on his behalf and account.
The User is solely responsible for any data entered on the Site. The User who has entered the data is fully responsible for any wrong data entered and shall be liable for any and all action(s) taken by third party (whether civil/criminal). The Company however shall endeavor to use the best industry practice, of weeding out all wrong data/ false data entered by the User and undertakes to withdraw all such data within reasonable time after verifying the complaint.
User of the website agrees to indemnify and keep Svarnabhumi (“Company”) indemnified from any wrong/false data entered into and hereby warrants and covenants that all data entered into the website is true and correct and belongs exclusively to him/it and not to any other third party.
For all services bought, 25% of the order amount would be towards the activation/administration fees & the rest 75% would be refunded on pro-rata basis in case of cancellation considering the usages of the services. Customer agrees that the refund process may take around 4 to 6 weeks after the complete documentation has been received by the Finance team of Svarnabhumi for processing such refund. It is made clear that all refunds are subject to discretion of Svarnabhumi and cannot be claimed as a matter of right.
Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company's deciding the dispute in the User's favors, the Company shall refund to the User any excess amount paid by the User without any interest.
Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
Payments made to the Company through IOS app shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.

Owner’s Services:

The Owner’s Service once subscribed shall be non-refundable, however, Company may refund the amount in the event a property is not linked with the package so bought. In such an event 50% of the order amount would be towards the activation/administration fees and shall be forfeited & the rest 50% would be refunded on pro-rata basis considering the usage of the customer. Customer agrees that the refund process may take around 6 to 8 weeks after the complete documentation has been received by the Finance team of Svarnabhumi for processing such refund.
If it is brought to the notice of the Company that the User is not the Owner of the property, instead is a Builder/Agent, in such an event the listing would be deactivated without any notification and the amount paid shall be forfeited.

Charge Back Policy:

Payment for the services offered shall be on 100% advance basis, unless otherwise agreed by the Company.
Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
Refund if any will be at the sole discretion of the Company only.
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 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 processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

Cancellation:

Company reserves the exclusive right to cancel/ stop any content whatsoever from being published or reflected on its website or in any other mode. The cancellation charges payable to the User shall be at the applicable rates laid down in the cancellation and refund policy.

Security:

Transactions on the Site are secure and protected. Any information entered by the User when transacting on the Site 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 / Site 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.
To protect the secrecy of user identification and/or password the User shall take all such measures as may be necessary (including but without limiting to changing his password from time to time and shall not reveal the same to any other person(s).
Since a user identification is necessary to access the Service; the User shall use only his own user identification. It is agreed by the User that he acquires no rights to any mailbox number or/and the User identification or/and circuit reference or/and any codes assigned to him by the Company. The User further agrees that except as otherwise proved herein, the Company reserves the right to change or/and re-assign the same to the User, at its sole discretion without being liable to the User for any kind of damages or/and relief or/and any other consequence/s.
In the event of theft or/and loss of User identification or/and password or/and security word, the User shall notify the Company immediately via telephone or/and concurrently in person provide the Company with a written notice to the same effect. The User shall remain liable for use of the Services by any third party until such theft or loss is notified to the Company.
The password and username being made available to the customer shall be used only by the organization named by the customer and the employee of the organization. The User shall take all necessary pre-cautions to prevent un-authorized access or/and leakage of username or/and password being provided by the Company to him.
The User shall not use any software to automatically download or/and extract either a complete or/and partial listing from facilitz.in database without prior consent from Svarnabhumi in writing.
Svarnabhumi shall in no way be directly, indirectly or remotely liable for any fraudulent transaction or deduction of money from the bank account of any User.

Prohibited Actions

Sharing your account with others.
Reselling your subscription or using it for commercial purposes.
Using the service for illegal purposes.
Posting offensive, harassing, or misleading content.
Sharing other people's personal information without permission.
Violating intellectual property rights.
Hacking or trying to access unauthorized areas of the site.
Spreading spam.
Scraping data from the site.
Soliciting other users.
Posting false or misleading information.

Use of Information/Data Supplied

a. Svarnabhumi owns all intellectual property rights to the content on its website, including listings and user information. You agree that any content you contribute becomes the property of Svarnabhumi.
b. Svarnabhumi can use your data for its own purposes and share it with affiliated companies or third parties. They will retain your data even after you terminate your agreement with them.
c. By giving Svarnabhumi your phone number, you consent to receiving promotional calls and SMS messages from them, their partners, and vendors. Svarnabhumi may also share recordings of your calls with their partners. You can opt out of these messages by not providing your phone number.

Intellectual Property Rights

a. All logos, brands, trademarks, and service marks ("Marks") appearing on Svarnabhumi are owned by or used under license by Svarnabhumi or its associates. Svarnabhumi reserves all rights associated with the Marks.
b. Access to Svarnabhumi grants users a limited, non-exclusive, non-assignable, and revocable license to use the services provided they comply with these terms. This license does not grant users any right to use Svarnabhumi's Marks.
c. Users are prohibited from using Svarnabhumi's Marks in any way. Violation of these terms may result in termination of user access to Svarnabhumi.
d. Svarnabhumi respects the intellectual property rights of all users and third parties and will take appropriate action, including termination of user access, if a user infringes on the intellectual property rights of others.

Confidentiality Agreement for Svarnabhumi

This agreement outlines the protection of confidential information disclosed by Svarnabhumi (the Disclosing Party) to the User (the Receiving Party).
a. Financial, commercial, technical, operational data relating to Svarnabhumi or its group companies. Information provided orally, in writing, or any other form, that is confidential or proprietary to Svarnabhumi.
b. Svarnabhumi may request the return of all confidential information at any time. The obligations to keep information confidential apply even after this agreement terminates.
c. Information submitted by the User becomes Svarnabhumi's property, but Svarnabhumi will keep it confidential (except in cases where required by law).
d. The User can only access and modify their own data stored in Svarnabhumi's system.
e. Any confidential information voluntarily shared by the User in chat or forums is done at their own risk. Svarnabhumi is not liable for misuse of such information by third parties.

Important Notice

a. Svarnabhumi reserves the right to change the terms and conditions at any time. Updated terms will be posted on the website. Continued use of the service constitutes your acceptance of the changes.
b. Svarnabhumi reserves the right to modify, suspend, or discontinue any service at any time, with or without notice. For paid services, a prorated refund may be provided for the unused period.
c. Svarnabhumi may deactivate or suspend your access to the service for maintenance or other reasons without notice. You will not be compensated for any inconvenience caused by this.

Third party links in our website and App

a. Svarnabhumi is not responsible for the content or accuracy of links to other websites. These links are provided for convenience only and do not imply endorsement. Svarnabhumi does not make any warranties or guarantees about these links.
b. Svarnabhumi may also contain third-party advertisements. Svarnabhumi is not responsible for any representations made by these advertisers or for the delivery of goods or services purchased from third-party websites.
c. Svarnabhumi may recommend or provide access to third-party services. Your use of these services is entirely at your own risk. Svarnabhumi does not make any representations or warranties about these services.
d. Svarnabhumi is not responsible for any errors or omissions or non-performance of any contract entered into between users and third-party providers. Svarnabhumi is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products/services.
e. Svarnabhumi is not obligated to intervene in any dispute arising between you and a third-party provider.
f. Svarnabhumi is not responsible for any disclosure, modification or deletion of your data by a third-party service.
g. Svarnabhumi is not liable for any damages whatsoever that result from any third-party services or your contractual relationship with any third-party provider.
h. You agree to indemnify and hold Svarnabhumi harmless from any claim or demand arising out of your use of a third-party service or your relationship with a third-party provider.
i. Svarnabhumi does not offer any refunds against goods purchased from the platform for third-party services.

Termination and Suspension

a. Termination by Either Party: Both parties have the right to terminate the Agreement with 30 days written notice. Svarnabhumi may waive this notice period at its discretion.
b. Immediate Termination by Svarnabhumi: Svarnabhumi can terminate the Agreement immediately and without notice if:
1. The User breaches the Agreement terms.
2. Continuing service is deemed against public interest by Svarnabhumi or regulatory authorities.
3. The User goes bankrupt or enters a creditor compromise arrangement.
c. User Liabilities upon Termination: In case of termination under specific clauses, the User remains liable for Subscription Fees until the termination date and any outstanding fees must be paid within 30 days.
d. Service Suspension for Non-Payment: Svarnabhumi can suspend service if the User fails to pay on time. Suspended service is considered terminated on a date set by Svarnabhumi, and the User is liable for all incurred charges. Service reconnection is at Svarnabhumi's discretion and subject to their terms.

Money Back Policy

If you are unsatisfied with the service received after using Svarnabhumi's Money Back Package, you can request a refund within 60 days of listing your property. We will first offer to extend your listing duration for free. If you are still not satisfied, a refund will be initiated for the order amount, minus any payment gateway fees. Refunds are processed within 30 business days after receiving all necessary documents.

Money Violation of Terms & Conditions

a. In case of violation: Svarnabhumi can remove your content, cancel your account, and pursue legal action. They may also cooperate with investigations and release user information. Svarnabhumi reserves the right to refuse service and remove listings for any reason.
b. Information Accuracy: Svarnabhumi may contain errors or inaccuracies. Svarnabhumi reserves the right to correct them and update information at any time without notice. They are not obligated to update information.

Disclaimer

a. Svarnabhumi is not liable for any damages that may arise from using the Service. The Service is provided "as is" and "as available" with no warranties of any kind, either express or implied. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement.
b. Svarnabhumi does not warrant that the Services will meet your requirements or that they will be uninterrupted, timely, secure, or error-free.
c. The Site is vulnerable to data corruption, interception, tampering, viruses, as well as delivery errors and Svarnabhumi does not accept liability for any consequence that may arise therefrom.
d. Svarnabhumi may need to make the Site unavailable with or without notice to carry out maintenance or upgrade work.
e. Svarnabhumi does not accept any liability for any interruption or loss of Service. The Company does not warrant that any of the websites linked to Svarnabhumi be free of any operational hazards or error nor that it will be free of any virus and/or worm and/or any other harmful components.
f. There are no express representations and warranties, whether express or implied, made by the Company regarding the accuracy, reliability and/or quality of any information transmitted and/or obtained through the use of the Services of facilitz.in.
g. The User understands and agrees that any information and/or material and/or goods and/or services obtained through this Site is done at User's own discretion and risk and that User shall be solely responsible for any damage/s and/or cost and/or any other consequence/s resulting from any transaction.
h. No advice or information, whether oral and/or written, obtained by the User from Svarnabhumi or through or from the Service shall create any warranty not expressly stated herein.
i. In case there is any loss of information, caused due to any reason, whether as a result of any disruption of service, suspension and/or termination of the Service, the Company shall not be liable in any way for the same.

Limitation of Liability

a. User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user's transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages. User further agrees that Company
shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct and/or indirect and/or incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company's total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.
b. The Company takes no responsibility/liability whatsoever for shortage or non-fulfilment of the service/s on Company or any other related site due to or arising out of technical failure or/and malfunctioning or/and otherwise and the User hereby undertakes that in such situation, the User shall not claim any right/damages/ relief, etc. against the Company for "Deficiency of service" under The Consumer Protection Act or any other Act/Rules, etc.
c. Company shall not be liable for any and all costs, charges, expenses, etc. incurred in relation to the downloading fees by third party, airtime, ISP connection costs, etc., of which are to be borne by the user personally.
d. Company shall not be responsible for any malfunctioning, non-functioning of the mobile phone or any other application, and or any damage, loss, either direct or indirect arising out of the use of the Svarnabhumi mobile application on your mobile phone.

Indemnity

The User agrees to be financially responsible (indemnify) and protect (hold harmless) Svarnabhumi from any lawsuits or claims by a third party. This includes situations where the User posts content that infringes on someone else's copyright, trademark, or trade secret, or if the content violates any Indian law or agreement. The User also agrees to cover any costs Svarnabhumi incurs defending itself from these claims.

Notice

a. All notices (a) if sent to the User to the address identified on the Application Form and (b) if sent to the Company to such address as provided in writing for such notice purposes; provided, however, that all invoices and payments shall be sent to the attention of The Company's Finance department, all legal notices shall be sent to the attention of the Company's legal department, and all other correspondence shall be sent to the attention of the account manager specified by the Company. Notice shall be deemed given upon receipt when delivered personally and upon receiving acknowledgment / written verification of receipt from overnight courier.

b. Grievance Redressal Mechanism: Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email to sushanth@culturehighway.com or Mr. Sushanth Surathkal ("Grievance Officer").

2nd floor, Pride Centre, behind Mangalore City Corporation,
Lalbaug, Mangalore – 575003, Dakshina Kannada, Karnataka
INDIA
Email : sushanth@culturehighway.com

Non-Exclusive Remedy

Termination of this agreement does not affect either party's right to pursue other remedies or collect fees owed. Neither party is liable for damages caused solely by termination permitted herein.

Waiver

Svarnabhumi's failure to enforce any provision of these Terms & Conditions is not a waiver of that provision. If a provision is found invalid, the remaining provisions shall remain in full force and effect.

Governing Law and Jurisdiction

a. There is no agency, partnership, joint venture, employment, or franchisor-franchisee relationship between Svarnabhumi and any User.
b. You agree that any claim or cause of action arising from or related to the Service or Terms & Conditions must be filed within 30 days after such claim or cause of action arose or be forever barred.
c. This Agreement is governed by the laws of India. You and Svarnabhumi submit to the exclusive jurisdiction of the courts in Mangalore, Karnataka.

Privacy Policy

Svarnabhumi respects user privacy and is committed to protecting it. Information collected through advertising campaigns (user-provided details like property details, email address, and name) is stored securely. Svarnabhumi uses third-party advertisers to reach potential users, but the data is for Svarnabhumi's exclusive use. Clients may be granted access for property transactions only. Unauthorized use will be met with legal action.

Legal Metrology Disclaimer

User(s) are expressly required to indicate property area in standard unit of measurement as per Legal Metrology Act, 2009 i.e. base unit of length shall be meter. User(s) agree to the said Law. The Company shall not be liable for any infringement of said Law by the User(s).

RERA Disclaimer

Svarnabhumi does not guarantee the completeness or accuracy of information provided by developers, builders and real estate agents on its Site. Users are advised to refer to the RERA website for complete information about any project/property before making any decisions. Svarnabhumi is not a Real Estate Agent and does not control real estate transactions.

Property Scrutiny

Svarnabhumi offers a cancellation and refund policy:
a. Cancellations made 48 hours or earlier before the service date will receive a 100% refund.
b. Cancellations made within 24 hours before the service date will receive a 50% refund.
c. Cancellations made on the day of the visit or after the visit is complete will not receive a refund.
In rare cases where the service is not fulfilled or there are lapses in service quality, Svarnabhumi will assess the case and provide the best possible resolution, excluding any liability beyond a refund of the amount paid by the User.