Terms & Conditions
Welcome to luxrerealty. By accessing or using our website, mobile application, or services, you agree to comply with these Terms & Conditions. If you do not agree with any part of these terms, please discontinue using luxrerealty.
1. GENERAL
a) This document is an electronic record as per the Information Technology Act, 2000, and relevant rules thereunder, along with the amended provisions regarding electronic records in various statutes, updated by the Information Technology Act, 2000. It's important to note that this electronic record is computer-generated and doesn't necessitate any physical or digital signatures.
b) This document is published in compliance with Rule 3 (1) of the Information Technology Information Technology (Intermediaries Guidelines) Rules, 2011 which mandates the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using www.luxrerealty.in.
c) The domain name www.luxrerealty.in ("Website"), is owned and operated by luxrerealty. luxrerealty comprises of luxrerealty India Pvt. Ltd. having its Corporate office at Hustle Hub, Building H-1905, Ground Floor, 1779, 19th Main, Sector-1, HSR Layout, Bengaluru, Karnataka - 560102, and its subsidiaries, group companies & affiliates, 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.
d) For the purpose of these Terms of Use ("Terms"), wherever applicable:
i) The term 'You' & 'User' denotes any legal entity or person accessing or using the services provided on this Website, who is legally capable of entering into binding contracts as per the Indian Contract Act, 1872.
ii) The terms 'We', 'Us' & 'Our' refer to the Website and/or the Company, as required by the context.
iii) The terms 'Party' & 'Parties' are used to refer to the User and the Company individually and collectively, as necessary.
iv The domain name www.luxrerealty.in is also utilized for the mobile application, and these Terms & Conditions shall apply accordingly to the mobile application. Furthermore, the term Website includes the Mobile application.
e) The section headings in these Terms are solely for organizing provisions and shall not be used for interpreting the provisions herein. It's expressly agreed that the headings hold no legal or contractual value.
f) Your use of the Website signifies your acceptance of these Terms and the Privacy Policy ("Policy"). By visiting the home page of the Website or using any services provided, you explicitly agree to be bound by these Terms and the Policy. It's noted that the Terms and Policy are interlinked, and termination of either will result in the termination of the other, unless provided otherwise in Section 3 below.
g) You acknowledge that these Terms and the Policy constitute a legally binding agreement between you and the Company. Your acceptance of the terms & policy is binding.
h) The Company reserves the right to amend or modify these Terms without prior notice. Your continued use of the Website post any such changes indicates your consent to the amendments. Your compliance grants you a limited privilege to use the Website.
i) These Terms and Conditions apply to users subscribing to our Services from the website currently located at the URL www.luxrerealty.in and/or the mobile application.
2. THE SERVICES:
We, as professional real estate consultants, offer comprehensive services for real estate investments. Our services include:
Property Identification: We assist in property search based on customer requirements through technical research and analysis.
Transactional Support: Our sales team aids during site visits, pricing, and inventory negotiation.
Financial & Administrative Support: We provide dedicated support for mortgage & financial services, administrative & legal assistance.
Product Portfolio: Our offerings cover all types of properties including residential (primary & resale), commercial, leasing, land, global projects, affordable housing, investor projects, structured offerings, etc.
Portfolio Structuring & Management: We help diversify real estate portfolios globally and bring global properties with optimal payout options to Indian investors.
Service for Life: Each customer is assigned a "Dedicated Relationship Manager" for lifelong assistance.
3. ELIGIBILITY
You represent and warrant that you are competent and eligible to enter legally binding agreements and have the requisite authority as per the Indian Contract Act, 1872. You may not use this Website if you're not competent to contract under the Indian Contract Act, 1872, or disqualified by any applicable law, rule, or regulation.
4. TERM
These Terms remain valid until:
a) You continue to access and use the Website; or
b) The Transaction between the Parties concludes satisfactorily.
Certain portions of these Terms ("Sections"), such as Sections 12, 13, 14, 15, 16 & 17, shall remain in effect indefinitely, even after the expiry or termination of these Terms.
5. TERMINATION
The Company reserves the right to unilaterally terminate your access to the products and services offered on the Website, without notice or cause. You shall continue to be bound by these Terms until their expiry, as described in Clause 3.
6. ONLINE SERVICE PLATFORM
The Website serves as an online service platform offering advice and recommendations regarding real estate properties globally.
7. COMMUNICATION
By using this Website and providing your contact information, you consent to receiving calls, emails, and SMSs from the Company or its affiliates/partners, subject to the Policy. To opt out, email connect@luxrerealty.com with the subject "Query regarding luxrerealty website use". Information shared by you with the Company is governed by the Policy.
8. CHARGES
Browsing the Website is free. You're required to pay only for availed services. The Company reserves the right to introduce charges, with prior notification. You'll be informed of such changes, and if you decline, you won't be able to avail services.
9. SECURITY
Ensuring the security of transactions is paramount on our platform. Any information provided by users during transactions is encrypted to safeguard against unintended disclosure to third parties. The Company/Website does not receive, store, or retain users' credit and debit card details. This information is directly supplied by users to authorized payment gateways compliant with relevant regulations and standards.
10. USER OBLIGATIONS
Users acknowledge their status as restricted users of our Website and agree:
- Not to engage in activities such as copying, distributing, modifying, or creating derivative works from any information or software obtained from the Website without prior express written permission from the Company.
- Not to access the Website or its materials or services through any means other than the provided interface. Unauthorized methods of access or attempts to circumvent the Website's structure are strictly prohibited.
- To ensure that any content posted or uploaded on the Website is not offensive or objectionable, and complies with applicable laws. Offensive material may be promptly removed at the Company's discretion.
- To refrain from engaging in various prohibited activities, including but not limited to harassment, distribution of harmful content, impersonation, infringement of intellectual property rights, and disruption of the Website's security or functionality.
- To authorize the Company to disclose user information to law enforcement or government officials if deemed necessary in connection with investigations related to possible crimes or legal matters.
- To acknowledge that the Company has no obligation to monitor user-posted content but reserves the right to remove or edit any content violating these Terms or applicable laws.
11. VIOLATION OF USER OBLIGATION
If the Company suspects a user has violated any Terms or agreements, it reserves the right to suspend or delete the user's account without prior notice. Additionally, suspicious or fraudulent activities may lead to penalties or legal action against the user.
12. SUSPENSION OF USER ACCESS AND ACTIVITY
The Company may limit or suspend a user's access or activity on the Website, temporarily or indefinitely, if the user breaches these Terms, provides false information, or poses a risk to other users or the Company/Website.
13. INDEMNITY AND LIMITATIONS
Users agree to defend, indemnify, and hold harmless the Company/Website and its affiliates against any claims, damages, liabilities, costs, or expenses arising from the user's actions or violations of these Terms.
14. INTELLECTUAL PROPERTY RIGHTS
Users do not gain any rights to use the Website's intellectual property unless expressly agreed upon. All trademarks, logos, and content on the Website are the property of the Company, and unauthorized use is prohibited.
15. DISCLAIMER OF WARRANTIES AND LIABILITIES
All products/services on the Website are provided on an "as is" basis without warranties, and the Company disclaims any liability for errors or damages resulting from the use of the Website. Users acknowledge that they use the Website at their own risk and discretion.
16. SUBMISSIONS
When you contribute any comments, ideas, suggestions, initiations, or other content to the Company or this Website, you are granting a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to utilize that content. This includes adopting, publishing, reproducing, disseminating, transmitting, distributing, copying, using, creating derivative works, and displaying it worldwide. The Company can act on such content without needing additional approval or consideration, using any media or technology known now or developed later, for the full term of any rights existing in the content. By contributing content, you represent and warrant that you own or control all the rights to it and that its use by the Company does not infringe upon or violate the rights of any third party. In the event of any legal action against the Company initiated by an affected third party, you agree to indemnify and hold harmless the Company for its use of any information provided by you. The Company reserves the right to defend itself in such legal disputes and recover costs incurred from you.
17. DISPUTE RESOLUTION AND JURISDICTION
The Parties agree that any disputes arising from these Terms will be resolved through a two-step Alternate Dispute Resolution ("ADR") mechanism. Firstly, the Parties will attempt to resolve disputes amicably. If this fails, the dispute will be referred to arbitration by a sole arbitrator appointed by the Company, with the arbitration award being binding on both Parties. The arbitration will be conducted in English, with the seat of Arbitration being Delhi, India. The Parties agree that these Terms are governed by Indian laws, and the courts in Delhi have exclusive jurisdiction over any disputes between them.
18. NOTICES
Any communication regarding disputes or grievances experienced by the User should be communicated to the Company in writing, sent to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
19. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, along with the Policy, constitute the complete and final contract between the User and the Company, superseding all other communications, representations, and agreements relating thereto.
b) Waiver: The failure of either Party to enforce any provision of these Terms at any time shall not affect its right to enforce the same later. No waiver by either Party of any breach of these Terms shall be deemed a waiver of any other breach.
c) Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. These Terms shall be reformed to correct any invalidity, while preserving the original rights and intentions of the Parties.
1.Authorization
Tenant authorize us to make a rental payment through our third party payment gateway in accordance with your payment’s instructions, provided to us directly. Your authorization permits us (a) to debit or credit your Balance, a Bank Account, any credit card, debit card, or other payment cards that we accept ("Cards"), for making the rental payment to respective landlord’s account. Your authorizations will remain in full force and effect while you maintain your payment(s) with us and for any Bank Account.
2.Transaction Terms
Where the bank details of the owner are submitted by the tenant at the time of rent payment through luxrerealty app, the tenant shall be responsible for entering the correct bank accounts details and reviewing the correctness of the account details and under no circumstances, luxrerealty or luxrerealty shall be held responsible for any wrongful credit due to incorrect bank details filled by the tenant. Tenant shall be responsible for consequences of any incorrect or fraudulent transactions as a result of providing wrong bank account, credit card details etc. We do not save or store the tenants bank account number or credit card details in the system. In no circumstances, luxrerealty or luxrerealty shall be held responsible for any such fraudulent transactions and no refund shall be made by the luxrerealty or luxrerealty once the money is successfully credited to the designated bank account of the Landlord. We may delay, suspend or reject a payment(s) transaction for any reason, including without limitation if we suspect the transaction subjects us to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this Agreement, subject to dispute or otherwise unusual.
3.Liability
The tenant agrees not to hold luxrerealty or luxrerealty responsible and/or liable for any issue or claim arising out of any dispute whatsoever between you and/or the recipient and/or any financial institution. Tenant agree to hold harmless luxrerealty or luxrerealty for any transaction done by you with incorrect details etc. which gets credited in any wrong account. Tenant agree to fully indemnify and hold harmless luxrerealty or luxrerealty, its affiliates and employees against any claim or action by any person or regulatory authorities. 4. User Obligations:
4.User Obligations
Same as mentioned in the Section 11 of Terms of Use above. .
5.Violation of User Obligations
Same as mentioned in Section 10 of the Terms of Use above.
6.Suspicious/Fraudulent Transactions
The Tenant is supposed to immediately notify us in case any suspicious / fraudulent transaction is observed by him. It is the tenant responsibility to keep his financial details strictly confidential and not share them with any other person. As soon as any suspicious / fraudulent transactions get reported, we shall take the necessary measures and try to stop the same. However, we shall under no circumstances be liable for any refund etc. to any person / Authority for such transactions if the money is credited to the designated bank account of the landlord as provided by the tenant.
7.Refunds
In case, luxrerealty or luxrerealty is not able to transfer the rent amount to the designated bank account of the Beneficiary due to any technical issues, then we shall refund the amount in the same account from which the remittance was initiated. You are advised not to transfer the rent directly to the landlord until a refund ID is generated and sent to you through email and SMS. luxrerealty or luxrerealty shall under no circumstances be liable to repay / refund the amount to the tenant once the amount has successfully been credited in the designated bank account of the Landlord. Chargebacks: The amount of a transaction may be charged back or reversed (a "Chargeback") from the Beneficiary if the transaction is either: (a) is disputed by the Remitter, (b) is reversed for any reason, (c) was not authorized or we have reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. In such cases, the Recipient of the amount will immediately pay us the amount of any such Chargeback and any associated fees, fines, or penalties assessed by our associated Payment Network Gateways / Financial Institutions. The tenant shall assist us when requested, at their own expense, to investigate any of the disputed transactions processed through our Platform. For any such Chargebacks associated with Cards, we will assist the tenant to contest the Chargeback with the Network or issuing banks in case the Beneficiary chooses to contest any of such Chargeback. In case of the Beneficiary’s failure to timely assist us in investigating a transaction, including without limitation providing necessary documentation within 3 business days of our request, may result in an irreversible Chargeback. Any Chargeback shall be the sole responsibility of the Beneficiary and we shall not be liable in any manner whatsoever for the same. Notwithstanding this policy, any specific terms, and conditions as mentioned related to transactions and/or as agreed with a tenant before/during/after the transaction, will override the terms and conditions mentioned here in case of a conflict. We reserve right to make changes to our associated terms & conditions on refund and cancellation policy from time to time. A tenant is advised to refer to our latest terms and conditions before making a transaction.
8.Changes to Terms & Conditions
luxrerealty reserves the right to make changes to associated terms and conditions on the refund and cancellation policy. Tenants are advised to refer to the latest terms and conditions before making a transaction.
Elite Proptech Mobile App Terms & Conditions:
1.Definitions:
Elite Proptech shall mean a smartphone app owned and operated by luxrerealty India Pvt. Ltd. that can be used on Smartphone device(s). It should be used byElite Proptech Application User who has signed up for the Broker or Real estate Agent program and has downloaded the application. This also includes the Platform Uses Fee which will grant the user access to premium and additional features of the app. luxrerealty India Pvt Ltd is a real advisory estate firm with its corporate office at Hustle Hub, HSR Layout, Bengaluru - 560102
2.Enrollment & Usage:
Elite Proptech user should share the correct details with luxrerealty at the time of enrolling into the program and downloading the If it is found that given details are incomplete or incorrect, then enrolment to the application may be refused without assigning any reasons. Elite Proptech team shall reserve the right to offer the application by invitation to any prospectiveElite Proptech users as it may deem fit. The data relating toElite Proptech shall be protected and used byElite Proptech as per the policy indicated in luxrerealty Privacy Policy.
3.Pre-condition regarding Payment of Commission to Members:
In case of any Booking done with the Company by Channel Partner themselves as the purchaser or their close relative, then Channel Partner can claim his commission only after successfully completing atleast one Booking in the past. In case of a new Channel Partner, he is required to complete second booking successfully to claim his commission over First Booking.
4.Termination of Membership:
The membership may be terminated in three conditions: First, if user uninstalls the application; Second, if a user acts in a manner inconsistent with any central/state/local laws, statutes or ordinances and Third, the user may be disqualified to use the app, arising out of his/her misconduct, fraud and misuse of the application.
5.Termination of Subscription to Platform Uses Fee:
• In the event of cancellation of subscription, the user will be able to access the service till the end of the billing period.
• Subscription amount once paid is non-refundable.
• Partial usage or non-usage of the service after the payment will not be considered as cases for refund.
Payment: The subscription fee can be paid by various means like UPI, credit/debit card, net banking, digital wallets etc. The Users can also utilize a debit mandate/standing instruction for continuous availability of membership.
6.Intellectual Property Rights:
Elite Proptech user acknowledges and agrees that the membership may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. He/she further agrees not to copy, modify, rent, lease, distribute or sell the membership or the content, in a whole or in part. In connection with the use of the membership user shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The software is the sole property of luxrerealty. You agree not to copy, modify, reverse engineer or other attempts to discover any source code in order to sell, rent or sublicense to any other third person.
7.Miscellaneous:
All the settlement of disputes shall be governed by the laws of India only and shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the member shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts in New Delhi only. All the claims and disputes should be notified to luxrerealty within (Fifteen) 15 working days from the date of event, after that noElite Proptech user shall have any claim against luxrerealty. luxrerealty shall have the right to transfer, assign and sell, in whole or in part, theElite Proptech App to any third party without any reference or intimation to theElite Proptech users. All logos and trademarks are the sole property of Agent Network.
8.Disclaimer of Warranties:
The use of the membership is at the user's sole risk. luxrerealty expressly disclaims all warranties of any kind, whether express, implied or statutory, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. luxrerealty makes no warranty that the membership will adhere to member's requirement, the membership will be uninterrupted, timely, secure or error free, the results obtained from the use of membership will be accurate or reliable.
9.Limitation of Liability:
Elite Proptech users should understand and agree that luxrerealty shall not be liable for any indirect, incidental or exemplary damages for loss of profits, goodwill, data or other intangible loss resulting from the inability to use the service, conduct of any third party on the service, unauthorized access to member's transmissions or data or any other matter relating to the service.
10.Privacy Policy:
We are committed to protecting the privacy of our members and their transactions. The following section explains what information we collect, how we use and protect your information in safe and secure manner.
11. Information We Collect:
During the signing process, luxrerealty may collect personal data and other information as described below:
• We may collect personal data from the members during registration process. By voluntarily providing us with their personal data, users are consenting to luxrerealty to use it in accordance with the privacy policy.
• When users interact through the application, we also receive and store personally non-identifiable information. The stored information cannot be used to specifically identify a member. luxrerealty may store such information in databases owned and maintained by luxrerealty affiliates or service providers.
• luxrerealty may use the information to track, for example, the total number of visitors, the number of visitors to each page of our website, the domain names of our visitors' internet service providers and how our users use and interact with the application.
• To serve the users of the application in a better way, luxrerealty may conduct research on user's demographics, interests and behaviour based on the personal data provided to us.
• luxrerealty may share this information with its affiliates, agents and business partners, but this information does not identify a user personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
• luxrerealty may also use cookies that helps to provide additional functionality to the application and help us analyse application usage more accurately. For instance, our program may set a cookie on your browser that allows you to access the program without remembering the password.
• We will collect data through cookies with your prior permission.
12. Use of Member's Personal Data and Other Information:
luxrerealty uses personal data as per the privacy policy. If you provide personal data for a particular reason, we may use the personal data with the reason for which it is provided. For instance, if you contact us by email, we will use the personal data you provide to answer your question or resolve your problem. luxrerealty and its subsidiaries and affiliates may also use your personal data and other non-identifiable information to improve the content and functionality of the program, to better understand our users, and to improve theElite Proptech application. We may also contact you in the future to tell you about services we believe will be of interest to you. If luxrerealty intends to use any personal data in any manner that is not consistent with the privacy policy, then you will be informed before use or at the time of data collection.
13. Our Disclosure of Your Personal Data and Other Information :
luxrerealty will not sell your personal information. Instead, we consider this information as a vital part of our relationship with application users. However, we may share your personal data with third parties without any prior notice to you, as set forth below - • Subsidiaries: We may share your personal data with our subsidiaries for purpose consistent with this privacy policy. • Agents and Consultants: We may share your personal data with other agents and consultants that are hired to perform certain business related functions. For instance, to send emails and SMS messages, maintaining databases, offering and developing certain features of the application, and maintenance and security. • Legal Requirements: luxrerealty may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation or assist government enforcement agencies, protect and defend the rights or property of luxrerealty or our users, act in urgent circumstances to protect the personal safety of users of the services or the public and protect against legal liability. We do
14.Exclusions:
The Privacy Policy does not apply to any Personal Data collected by luxrerealty other than personal data collected through the application. This includes, but is not limited to, information posted to any public areas of the services, such as public forums etc. This Privacy Policy shall not apply to any unsolicited information you provide to luxrerealty through the Program or any other means. All Unsolicited Information shall be deemed to be non-confidential and luxrerealty shall be free to reproduce, use, disclose, distribute and exploit such unsolicited Information without limitation or attribution.
15.Security:
luxrerealty takes necessary steps to protect personal data provided by you from loss, misuse and unauthorized access. However, transmission through internet is not fully secure, so you should take special care in deciding what information you should submit via electronic transmission.
15.Changes to Changes to luxrerealty Privacy Policy:
luxrerealty reserves the right to update or modify the privacy policy at any time without prior notice. Changes to the Privacy policy will become effective upon updation on the app. Please review this policy periodically and especially before you provide any personal data.