Lighter Advisory | Terms of Use

TERMS OF USEThese Terms of Use ("Terms of Use") when accepted by You becomes an agreement between the Company and You regarding the use of the Online Platform. You agree to be bound by these Terms of Use by continuing to access the Online Platform or obtaining the Services.The Company reserves the right to modify these Terms of Use without Your consent. You are expected to check for revisions to the Terms of Use regularly as they are binding on you. The “Last Revised” date at the bottom of the Terms of Use indicates when the modifications to the Terms of Use were made. Any use of the Services subsequent to modified Terms of Use coming into force implies acceptance of the modified Terms of Use.1. DEFINITIONS"Account" shall mean an account created by any User with the Online Platform by providing certain personal information"Company" or "We" shall mean Lighter Advisory Private Limited, a company established under the laws of India, having its registered office at is # 455/7,15th cross, Lakkasandra, Bengaluru, 560030"Content" shall mean information, data, photographs, audio, visual or audio-visual content, including videos that the Users publish, post or transmit on or through the Online Platform. "End Users" shall mean any Person who enters into a real estate transaction that is enabled or facilitated through interactions amongst the Users by the Platform, and includes any Person that avails Services of the Company."Intellectual Property Rights" shall mean all rights worldwide in, to and under copyrights, copyright registrations and applications, trademarks (including trade dress, service marks and trade names), trademark registrations and applications, domain names, patent, patent applications (including the right to claim priority under applicable international conventions) and all patents issuing thereon, inventions, whether or not patentable, trade secrets, author rights, moral rights, rights in goodwill, and other proprietary rights, as may exist now and hereafter come into existence, and all renewals and extensions thereof."Laws" shall mean any central, state or local law, statute or ordinance, or any rule, regulation, or guidelines having the effect of law, promulgated by any governmental or regulatory authority."Mobile Application" or "Mobile App" shall mean a software application having the same content and functionalities of a web version of the Online Platform that is designed to run on mobile devices. Mobile Application may be downloaded from authorized locations or supplied otherwise by the Company."Online Platform" or "Website" shall mean the website http://lighteradvisory.com and a Mobile Application. "Persons" shall mean any natural person, sole proprietorship, partnership, company, governmental authority, joint venture, trust, association or other entity (whether or not having separate legal personality)."Publisher" shall mean any Person who has published Content relating to a Property on the Online Platform in connection with sale, lease, or any other commercial transaction in relation to the Property and includes: (a) an owner of the Property; (b) a promoter or developer of any real estate project to the extent of its interests therein; (c) a Real Estate Agent; or (d) any other Person authorised to transact in matters relating to a Property. "Privacy Policy" shall mean the privacy policy contained at http://lighteradvisory.comdescribing the way in which the Company collects, stores and uses any personal information provided by the User as a natural person. "Property(ies)" shall mean any immoveable property that is listed on the Online Platform. "Real Estate Agent" shall mean any Person who negotiates or acts on behalf of another Person in relation to a sale, purchase, or any other commercial transaction involving a Property."Services" shall mean the services described in Paragraph 2.2. Services may be provided by the Company or its designated affiliates."User" shall mean any Visitor, End User, Real Estate Agent, or a Publisher, as the case may be."Vendor(s)" shall mean a Real Estate Agent, financial or legal service providers, and vendors of products and services for real estate industry. "Visitor" shall mean any Person who accesses the Online Platform and is not an End User, Real Estate Agent, or a Publisher. "You", "Your" or "Yourself" shall mean the user of the Online Platform, and can be a Visitor, End User, Publisher, or a Real Estate Agent.2. ONLINE PLATFORM / SERVICES

Online Platform is a technology services platform that facilitates online collaboration for real estate transactions and delivery of real estate consulting and advisory services.
Services shall include:
1. Interactive Services
Certain services offered directly by third party Vendors may be listed on the Online Platform and the role of Company in such cases is only to list the availability of such services. Company will not be liable or responsible in any way for such services or the quality of such services.
The Company reserves the right, in its sole discretion, to change, add or remove any capabilities / features of the Online Platform and / or any Service without notice.
Non-exclusive arrangement

Relationship between the Company and the Publisher is non-exclusive. Nothing in this Terms of Use: (a) limits Company’s right to allow or authorize use of the Online Platform and related services to other Publishers of the Properties that are similar or identical to the Properties of the Publisher; or (b) limits the Publisher’s right to host, distribute or otherwise make available any of its Properties, through any third parties, in each case except as otherwise expressly agreed to in writing by the Parties.

Publisher Covenants
1. Publisher shall not interfere with other Publishers providing their services or Properties on the Online Platform.
2. The Company may provide suitable interface to the Publisher to upload the Content on the Online Platform or at its discretion may require the Publisher to provide the Content in a suitable format for uploading on the Online Platform by the Company. The Publisher shall at all times keep the Content up to date, current and complete.
3. The Publisher shall be responsible for reviewing and obtaining any necessary licenses, waivers or permissions with respect to any third-party rights to Content provided by the Publisher to the Company for uploading on to the Online Platform or directly uploaded by the Publisher on to the Online Platform in terms of the Terms of Use.
4. The Publisher warrants that it has the rights and authorization necessary to transact with the Property through the Online Platform and through the Company’s partner network, and the Publisher shall, at the request of the Company, provide a copy of such authorization to the Company.
5. In the event the Properties displayed on the Online Platform are no longer available for sale to the End User or the Publisher for whatever reasons would not be able to fulfil its obligation with respect to any of the Properties listed on the Online Platform, the Publisher shall promptly update the Content on the Online Platform to reflect its status.
6. It shall be the sole responsibility of the Publisher to resolve any dispute or controversy with the End Users.

3. FEES

We do not charge any fees for Users for enabling general access to the Content or to the Online Platform, but we reserve right to charge a licence fee in the future for permitting general access to the Content or the Online Platform.
The Company charges a fee for Services offered through the Online Platform including for real estate transactions relating to Properties conducted or facilitated through the Online Platform. In consideration of the Services provided by the Company, You will pay the Company or its affiliate that shall perform the Services, commission ("Commission") on all sales, purchase, lease or other transactions including 4 establishment of business relationships resulting from Your use of the Online Platform. Commission shall be calculated as per the rate card available at: lighteradvisory.com or as notified to You by the Company through SMS, email or other electronic means for any particular transaction. You shall pay all use, sales, service, or other indirect taxes payable with respect to the Commission. Commission shall be payable: (a) in case of lumpsum payment within seven (7) days of signing of a definitive agreement between the Company and a third party; and (b) in case of payment through multiple tranches, within seven (7) days from the date of receipt of payment under each tranche. Company’s right to receive the Commission shall survive any termination of these Terms of Use. Together with the payment of the Commission, You shall provide to the Company a statement specifying in reasonable detail the transaction consummated with the counter party, and such other details the Company may reasonably request. If You have any questions regarding the fees, You may contact the Company at mail@lighteradvisory.com. You acknowledge that the fees set forth in the fee rate card is subject to change from time to time without any prior notice and it is Your responsibility to update with the latest charges.
Subscriptions
1. . Access to certain Content on the Online Platform may be offered by the Company for a fee on a monthly or annual subscription basis ("Paid Content"). Paid Content, when introduced, will be a separate feature on the Online Platform.
2. Fees for Paid Content is determined by the Company. Fees may vary based on several factors, and the Company reserves the right to change any fees at any time. Fees may be paid through electronic payment methods that is made available by the Company. Fees may also be paid, if such option is available, through the use of ‘credits’ purchased on Google Play Stores, iOS Stores by payment of money.
3. Subscription to access Paid Content cannot be cancelled or the fees be refunded unless due to the failure of the Online Platform to display the Paid Content indefinitely, technical or otherwise. In case of credits / refunds, the End User may seek a pro rata refund by writing to: mail@lighteradvisory.com.

4. REGISTRATION

You are authorized to access the Online Platform without registration, and also, if permitted, participate in any interactive activity, with other Users on any bulletin board, dashboard or other communication platform made available by the Company. However, if You wish to avail the services of a service provider or enter into any commercial transaction in relation to the Property, You will be required to register by providing certain basic details. We reserve the right, but not obligated to verify such information in order to ascertain Your identity.
You will take sole responsibility for the confidential safekeeping of the information relating to Your Account including the password You provide. You also agree to take responsibility for all activities done on the Online Platform through Your Account. If You believe or have reasons to believe that Your password is no longer confidential, You must immediately inform us through the Account section provided on the Online Platform. You can update any information You provide the Company through the Account section of the Online Platform. Subject to these Terms of Use, We reserve the right to suspend, terminate or block access to the Online Platform or to Your Account.

5. ELIGIBILITY TO USE ONLINE PLATFORM

In order to access or use Online Platform, You need to be competent to contract under the Indian Contract Act, 1872. By accessing the Online Platform, You represent and warrant that You are eligible to contract under the Indian Contract Act, 1872. We may suspend or terminate Your access to the Online Platform, without any prior notice to You, upon receipt of any notice or communication from any User or any governmental authority, self-regulatory agency or any other person that You have violated these Terms of Use or any other provision of applicable Laws or regulations and standards prescribed by the self-regulatory agency in connection with the use of the Online Platform.
Additional Representation and Warranties of Real Estate AgentIf You are a Real Estate Agent, You represent that You are a licensed real estate agent in Your state. You agree that, You will not do any act or thing or omit to do any act or thing (or permit Your representatives or agent) that is in violation of applicable laws or Your licence conditions. You will not facilitate / advertise / list the sale or purchase of any immoveable property that is not in compliance with the applicable real estate laws.

6. CONTENT

You shall be responsible for reviewing and obtaining any necessary licenses, waivers or permissions with respect to any third-party rights to Content uploaded, posted, transmitted or otherwise communicated on to the Online Platform.
You shall not upload, post or otherwise transmit any Content, that is obscene, unlawful, derogatory or defamatory of any race, religion or ethnic groups, or material that misappropriates or infringes Intellectual Property Rights of others, on or through the Online Platform or to End Users.
You undertake that You will not host, display, modify, publish, transmit, update or share any Content including data, text, message, review, comments, description, image, sound, and video that:
1. belongs to another Person and to which You do not have any right to;
2. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
3. harm minors in any way;
4. infringes Intellectual Property Rights of others;
5. violates any Laws for the time being in force;
6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
7. impersonate another Person;
8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer network data, computer data base or software;
9. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer, computer network data, computer data base or software; and
If You are a promoter / developer or any other real estate professional (not being a Real Estate Agent) You agree that You will not publish any Content in relation to any Property in a real estate project or part of it that has not received applicable developmental approvals, permits, or other regulatory approvals .
In the event the Company (i) receives a written notice from a third party alleging that the Content infringes its Intellectual Property Rights; or (ii) receives a written notice from a self-regulatory organization that any User is in violation of the regulations or standards prescribed by it; or (iii) becomes subject to any inquiry or claim or governmental investigation; or (iii) determines, in its sole discretion, that the Content violates any applicable Laws, regulation or rights of any third party, or the terms of these Terms of Use, the Company shall have the right to remove any Content or take any action that it deems appropriate pertaining to such claim from the Online Platform immediately upon receipt of any notice or claim.

7. ROLE OF THE COMPANY

You may be provided with links on the Website that direct You to third party websites or applications or content, including advertisers (collectively "Third Party Links"). We do not endorse any Third-Party Linksthat You may be directed to from the Website. Your access to such Third Party Links shall be subject to the terms of use of such Third Party Links, and You shall access such Third Party Links at Your sole discretion and by accessing You assume sole responsibility for any and all losses and liabilities arising from such access. The Company shall not be responsible for any loss, damage, liabilities or claims resulting from Your access to or the use of the services provided by the Third-Party Links.
You acknowledge and agree that the Company may carry out marketing programs. Such promotions shall be carried on by the Company and You hereby authorize the Company to run marketing programs in relation to the Properties. You acknowledge that the Company shall have the sole discretion to determine which Properties to offer as part of the marketing programs. Further, the Company does not guarantee any 6 minimum level of success in connection with any marketing programs, and its selection of Properties to include will not be an endorsement of those Properties, or of the Publisher.
Property descriptions and other information provided on our Website are intended for general information and marketing purposes and, while we make reasonable efforts to publish reliable information, We have not verified them and make no representation and warranties about such listing. We will not in any circumstances accept responsibility for their accuracy. Information on the Website is not intended to amount to advice on which You should rely. It is strictly advised that You obtain professional advice before taking, or refraining from, any action on the basis of the Content.
User authorizes and gives consent to Company to send user, either through itself or through any third-party service provider, from time to time various information/alerts/SMS/other messages or calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry/ listed in National Customer Preference Register or not.

8. PRIVACY POLICY

The Company may collect various Personal Information from You when You use the Website and or the features provided by the Website.
Company’s Privacy Policy is contained at lighteradvisory.comsets out Company’s policies regarding the collection, storage, use, transfer and protection of any such Personal Information.
When You complete the process of creating an Account or otherwise provide Your Personal Information, You specifically consent to Company’s Privacy Policy.
The Company may disclose Your Personal Information in accordance with the Privacy Policy.For the purposes of this Clause, the terms Privacy Policy and Personal Information shall have the meaning assigned to them at the Company’s Privacy Policy contained at lighteradvisory.com.

9. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in and to Content, created by the Publisher, and provided to the Company and all Intellectual Property Rights relating thereto will remain with the Publisher (or its licensors).
The Publisher hereby grants, and the Company hereby accepts, a non-exclusive, worldwide, royalty free, fully paid up, non-transferable license, to copy, reproduce, store, display, deliver and modify the Content on the Online Platform. The Publishers hereby grant to the Company a non-exclusive, worldwide, royaltyfree, fully paid up, non-transferable right to use the trademarks and tradenames of the Publishers, solely in connection with the performance of Services and in connection with its public relations, marketing and promotional events
All rights, title, and interest in and to the Online Platform, including but not limited to software, text, data, images and graphics, all updates, modifications, enhancements, improvements, upgrades or corrections thereof, and all related Intellectual Property Rights will be exclusively held by the Company and / or its affiliates.
You agree that the Company or its licensors retain all right, title and interest in the Online Platform and no title to or ownership of intellectual property in the Online Platform, its features, functionalities, images, data, graphics or design is transferred pursuant to these Terms of Use.
You shall not reverse engineer or decompile the Online Platform
The Company name and logo are trademarks of the Company and all other logos and marks of other organizations that appear on the Website are trademarks of their respective owners.

10. INDEMNITY

You agree to indemnify, defend and hold the Company, its affiliates and each of their officers, directors, employees and agents harmless from and against any and all damages, claims, suits, actions, causes of action, demands, liabilities, losses, costs and expenses arising out of or resulting from any claims: (i) relating to any Content provided, published or otherwise transmitted on the Online Platform including any violation or infringement of any third-party Intellectual Property Rights, claims of defamation, invasion of privacy, right to publicity or unfair competition; or (ii) any allegation that any injury or damage to any End 7 User was caused while visiting the Property site or the services provided by You or such injury or damage is related to the use of the Property sold by You or services provided by You; or (iii) any claims regarding quality, quantity and any claim in relation to any Property sold or services provided by You; or (iv) the breach of any of the warranties, representations or undertakings or in relation to the non-fulfilment of any of Your obligations under a separate agreement entered into with the End Users in relation to a real estate transaction or provision of services or arising out of You infringing any applicable Laws; or (v) breach of the terms of these Terms of Use.
The Company does not warrant or represent that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in operating conditions, internet connectivity, third party software components and other reasons beyond the control of the Company that could result in the loss of Content or availability of Services or loss of any other information relating to transactions carried out through Online Platform.
To the extent permitted by applicable law, the Company disclaims any and all warranties not expressly stated in these Terms of Use including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company (nor its employees, agents, suppliers or affiliates) shall not be liable to You (nor to Your employees, agents, suppliers or affiliates) for any lost profits, or any indirect, special, incidental, or consequential loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the provision of Services or arising from or relating to Your use of the Online Platform, even if the Company has been advised or should be aware of the possibility of such damages. In no event shall the Company be liable to You for any punitive damages.
You acknowledge and undertake that You are accessing this Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Online Platform. We shall neither be liable nor responsible for any actions or inactions of any User, nor any breach of conditions, representations or warranties provided by any User in connection with the sale of the Property or provision of services. We shall not mediate or resolve any dispute or disagreement between You and any other User.

11. SUSPENSION AND TERMINATION OF ACCOUNT

We may terminate, suspend or limit Your access to Your Account or block devices using Your IP address from accessing the Website:
1. if We determine, in our sole opinion, that You have breached Your undertaking regarding the Content set forth in Paragraph 7 (Content) of these Terms of Use;
2. if We determine, in our sole opinion, that You have misrepresented any information You provided us;
3. if We determine, in our sole opinion, that You are ineligible to access this Website in accordance with the Laws;
4. if You are in breach of any term of these Terms of Use;
5. if We are required to do so by the Law.

12. JURISDICTIONYou agree that any dispute or claim related to Your use of the Website is subject to the exclusive jurisdiction of the courts of Bengaluru, India, and will be adjudicated as per the laws of India for the time being in force.