RealLex Synergies Private Limited

Terms of Use
Last updated: 24-04-2016

1. What is this document?

  1. These terms of use (the “Terms of Use”), read together with the privacy policy made available on the RealDocs Website, www.realdocs.in (“Privacy Policy”), constitute a legal and binding agreement (“Agreement”) between you and RealLex Synergies Private Limited (the “Company”), having its registered office at No.1031, Third Floor, Door No.204, 24th Main Road, Sector I, HSR Layout, Bangalore-560102, and provides, inter alia, the terms that govern your access and use of the Company’s online portal at www.realdocs.in and the mobile application (hereinafter collectively referred to as the "Platform"). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates, for Services or otherwise. If you are using the Platform on behalf of any entity, you represent and warrant that you are authorized to accept these terms on such entity's behalf, and that you agree to indemnify us for violation of this Agreement. Any capitalized term used in this terms of use and not defined herein shall have the meaning as defined in the Privacy Policy.
  2. The Platform provides Users the following services (hereinafter referred to as "Services"):
    1. Assist or guide a prospective property buyer to evaluate certain risk factors of a property based on answers to questions with regard to documents and licenses available for that property and compliance to statutory requirements
    2. Help to organise and digitally store documents related to property(ies) owned by a User in a secured cloud platform
    3. Conduct “health check-up” of property(ies) to determine potential risk levels with regard to "legal ownership and legal construction" based on documents available for that property
  3. You agree that by accessing the Platform or browsing the Platform, you shall be governed by the terms of this Agreement, and/or any submission of your personal information shall be governed by the Privacy Policy referred herein above. The terms contained in this Agreement shall be accepted without any modification.
  4. The Company hereby grants you a limited, revocable, non-exclusive license to access and use the Service for personal use through the Platform. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless otherwise set forth in this Agreement. Any use of the Services and/or Platform beyond the scope of authorized access as set forth in this Agreement immediately terminates any permission or license granted herein.
  5. This Agreement is published in compliance of, and is governed by the provisions of Indian law, but not limited to:
    1. the Indian Contract Act, 1872 (the Contract Act");
    2. the Information Technology Act, 2000 (the "IT Act");
    3. the rules, regulations, guidelines and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules");
    4. the Information Technology (Intermediaries Guidelines) Rules, 2011 (the "IG Rules"); and
    5. the Consumer Protection Act, 1986.

  1. Services and use of Website

  2. Provision of Services

    1. The Platform provides services as detailed under clause 1.ii above
    2. The commercial/contractual terms include without limitation - price, payment methods, payment terms, date, period and warranties related to the services offered through the Platform.

    Representation as to legal title

    1. The Company does not make any representation or warranty as to the information, data or contents of the Platform being accurate;
    2. That the Platform shall not be available to a User at all times and will operate error free or that there will uninterrupted access and service;
    3. The Company shall not be responsible for the integrity of the information available on the Platform;
    4. The Company shall not be responsible for determining if any pending litigation or proceeding exists with respect to the property being subject to health check-up; and
    5. The Company shall not be responsible for the liable or responsible in any manner for the commercial arrangements, deals, transactions or negotiations between the user, developer or owner of a property or a third party.

    Non-Performance of Contact

    1. The User accepts and acknowledges that the Company may, at its sole discretion, suspend User’s ability to use or access the Platform at any time while the Company investigates any complaints or alleged violation of the Terms of Use or for any other reason. In the event, a User finds any wrong information on the Platform in relation to such User, they can contact the Company immediately for such corrections. The Company shall have no liability or responsibility in this regard.

  1. Submission of information

    1. Account:
      a) If you allow a third party, access to the Services through your account, you shall ensure that the said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement are applicable to the third party.
    2. Please refer to our Privacy Policy made available on our website www.readocs.in to know more about our policy with regards to collections, storage and use of personally identifiable information provided by you.
    3. The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive information supplied by the User to the Company.
    4. The Company authorizes you to access the Platform solely for the purpose of using the Services.
    5. The User is responsible for maintaining the confidentiality of the User’s account access information and password. The User shall be responsible for all uses of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account and password.
    6. You hereby authorize the Company to (i) use your submitted information to contact you, (ii) maintain a record of your queries, visit of the Platform, and/or feedback, and (iii) use all submitted information by you in a manner as it may deem necessary.
    7. For certain functions of the Platform’s Services, such as reviewing and tracking your use of the Services or to provide effective Service through the Platform, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.
    8. The Company may, at any time and without having to serve any prior notice to you, (i) upgrade, update, change, modify, or improve the Platform or a part thereof in a manner it may deem fit, and (ii) change the contents of this Agreement or the Privacy Policy. It is your responsibility, in such cases, to review the terms of the Agreement from time to time. Such change shall be made applicable when they are posted. The Company may also alter or remove any content from the Platform without notice and without liability. Any material changes shall be highlighted on the homepage.
    9. The Company reserves the right, at its sole discretion, to suspend your ability to use or access the Platform (or a part thereof) or the Services at any time while the Company investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Platform if the Company, in its opinion, feels that you are misusing the Platform in any manner whatsoever.
    10. The use of the Platform is governed by the Company’s Privacy Policy. The Company’s Privacy Policy sets forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about you in connection with the Services.

  1. User Covenants

    1. As mandated by Regulation 3(2) of the IG Rules, and to the extent it is applicable to this Agreement, the Company hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
      1. belongs to another person and to which you do not have any right;
      2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law 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. impersonates or defames 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 resource; and
      9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.
    1. You are also prohibited from:
      1. violating or attempting to violate the integrity or security of the Platform;
      2. transmitting any information on or through the Platform that is disruptive or competitive to the provision of the services provided by the Company;
      3. intentionally submitting on the Platform any incomplete, false or inaccurate information;
      4. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
      5. attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
      6. copying or duplicating in any manner any of the information available from the Platform; and
      7. framing or hot-linking or deep-linking any contents from the Platform.
    1. The Company, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email about any such information as mentioned in clause 3.ii above, shall be entitled to disable such information that is in contravention of clause 3.ii, the Company shall be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
    1. In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, the Company has the right to immediately terminate the access or usage of rights of the User to the Services.
    1. The Company may disclose or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer. The SPI Rules only permit the Company to transfer sensitive personal data or information under the SPI Rules including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by the Company as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between the Company or any person on its behalf and the user or where you have consented to data transfer.

  1. Third party information
  2. The Platform may provide information regarding third party website(s), affiliates or business partners and/or contain links to their websites. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material on the Platform, is not responsible for such errors and representation nor is it associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Platform, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.

  1. Intellectual property rights
  2. All the intellectual property used on the Platform by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party as the case may be. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Platform or the materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Platform or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.

  1. Payment, Fees and Taxes
    1. Registration on the Platform is free. The Company does not charge any fee for browsing on the Platform.
    2. In lieu of the Services provide by the Company through the Platform, the User agrees to make the payment through the payment options mentioned on the Platform. The User agrees and acknowledge that it shall not hold the Company responsible for any loss or damage caused to the User during this process as these third parties are beyond the control of the Company.
    3. The User agrees to make the payment in a proper and correct manner, as mentioned on the Platform.
    4. In order to process the payments, the Company might require details of the User’s bank account, credit card number, etc. At all times you information will be treated in accordance with the Company’s Privacy Policy, which can be viewed on the Company’s website www.realdocs.in.
    5. Each User is solely responsible for payment of all applicable taxes, legal compliances, statutory registrations and reporting. The Company is in no way responsible for any taxes.

  1. Liability
    1. The Company does not provide or make any representation, warranty or guarantee, express or implied about the Platform or the Service.
    2. The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the inability to use or performance of the Platform or the Services. This shall extend to the loss suffered by you due to delay or inability to use or access the Platform or the Services.
    3. The Company shall not be responsible or liable in any manner to you for any losses, damage, injuries or expenses incurred as a result of the use of the Platform in any manner.

  1. Indemnity
  2. You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Platform in any fraudulent manner, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your account with the Company, and (iv) infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  1. User Submissions
  2. You understand that when using the Platform, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

  1. Severability
  2. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

  1. Term and Termination
    1. This Agreement will remain in full force and effect while you use the Platform in any form or capacity.
    2. The Company reserves the right to terminate your access to the Platform and this Agreement in the event of breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information that you submit to the Company through the Platform.
    3. Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.

  1. Dispute Resolution and Governing Law
    1. This Agreement and any contractual obligation between the Company and you will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bangalore, India.
    2. All disputes will be subject to arbitration at Bangalore, India in English by a sole arbitrator appointed by the Company under the Arbitration and Conciliation Act, 1996.

  1. Headings
  2. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the terms of Service or the right to use the Platform by the users contained herein or any other section or pages of the Platform in any manner whatsoever.

  1. Disclaimer
  2. The Platform is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition thereto the Company makes no representations, warranties or guarantees that:
    1. this Platform shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
    2. the use or results of the use of the Platform (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and
  3. the Company disclaims any liability relating thereto.

  1. Notices
  2. All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address:
  3. Suite No.308, Oxford Towers, Kodihall, old Airport Road, Bangalore - 560008.

  1. Questions & Contact Information
  2. Questions or comments about the Platform or the Services may be directed to the Company at the email address: support@realdocs.in