By pressing the button titled “I ACCEPT” you i.e. the Vendor or Subscribed user agrees to enter into an agreement with www.foot2feet.com or the mobile application “Foot2Feet” (hereinafter referred to as ‘Website’) through its ownerM/s. Chauras Foot Private Limited (hereinafter referred as ‘Owner’) and bound by the terms and conditions of this service agreement;
Whereas the purpose of the Website is to provides knowledge and services to its users/Vendors regarding government laws and rules relating to pre and post building construction compliances;
Whereas the website also aims to provide building construction services, real estate related services, consultation related to purchase and sale of real estate, services relating to compliances in real estate transactions and building construction, consultation related to land laws, dealing/transacting for land acquiring/s, services relating to building construction etc. as per the laws and regulations in the republic of India i.e. Bharat only;
Whereas the website also allows service provider and/or goods providers to list their services over the website, and to allow them to bid for the service requests raised by one or more users of the website in coordination with the website;
Whereas the Website helps the Users and Vendors information, knowledge that is required before starting construction over a piece of land, title search, consultation relating to Government compliances, selection of architect, selection of builders, selecting contractors, sale of real estate, funding for real estate etc.;
Whereas the website allows the Clients and the vendors to register with the website to avail services of the website by getting registered on the website;
Whereas the Vendor is aware of the services and acknowledges that the website is competent to provide services to the Vendor;
WHEREAS both the parties have agreed to reduce in writing the mutually agreed terms and conditions related to the said Agreement as under.
The terms wherever used shall unless contrary, carry the meaning as given under:
“User” means and includes any person who visits the Website to see the various Services available which are displayed on the Website.
“Client” means and includes any person/legal entity who is a user and such user avails services of the website by providing his/her/their name, phone number, e-mail ID, location and other information based on the services the users need from the Website by opening an account with the website and/or makes payments to the website against services.
“Vendor” means and includes any person or a legal entity that is interested in providing services to the subscribed users or clients of the website by bidding for the services requests of the user in association with the website. A vendor avails services of the website by providing his/her/their name, phone number, e-mail ID, location and other information based on the services the users need from the Website by opening an account with the website and/or makes payments to the website against services and then selectively provide services to the subscribed users or clients of the website in coordination of the website.
“Services” means services provided by the website regarding government laws and rules relating to pre and post building construction compliances in India, building construction services, real estate related services, consultation related to purchase and sale of real estate, services relating to compliances in real estate transactions and building construction, consultation related to land laws, providing appropriate vendors, providing business opportunity to registered vendors, title search, consultation relating to Government compliances, selection of architect, selection of builders, selecting contractors, sale of real estate, funding for real estate etc..
“PARTY” party means Clients/user/client/website/Chauras Foot Pvt. Ltd.; and collectively referred as PARTIES.
- Subscription of Services:A Vendor shall get a registered account on the website by providing the name, address, mobile number and email of the Vendor. The user can operate its account by an unique login ID and password that is selected and endorsed by the website.
- Modus of Operations: The Vendor shall get a password protected account that might be verified by authenticating it through a One Time Password (OTP) to be provided on the registered mobile number of the Vendor. The user shall through its account shall get an access to a dash board wherein the vendor may any service requests raised by the clients of the website and the status of such requests. Through the website the vendor can provide its quotation to the client wherein the selection of the vendor is complete discretion of the client. The allocation of the vendor shall to a client shall be done as per the guidelines provided in ANNEXURE 1.
- TENURE OF SUBSCTIPTION OF SERVICES: This Agreement shall remain in force and be binding on the parties for period ONE year from the DATE OF SIGNING this agreement i.e. Effective Date unless terminated earlier by either party by giving 15 (Fifteen) advance notice in writing to the other party. Parties to the agreement agree that the website has right to terminate the subscription of service or to convert the nature present subscription of services by a prior intimation of 7 (Seven) days to the Vendor.
- FEES: The website is providing free subscription i.e. ‘_______’[PLEASE ENTER AMOUNT] to the Vendor for the tenure of this agreement.However, the website reserves rights to increase the subscription fees with a prior intimation as per previous clause.
- PERFORMANCE: The parties to this agreement mutually agree to do everything to ensure that the terms and conditions of this agreement take effect as agreed between the parties.
- ELIGIBILITY AND REGISTRATION:
- It is agreed by and between the parties to this agreement that while creating an account, the Vendor is required to provide his/her/their personal information such as full name, e-mail ID, location and other information based on the services he/she/they need from the Website. After confirmation through and/or on receipt of the payment by the Vendor, he/she/they will have access to services provided by the Website that might be available only to a Vendor.
- The Vendor agrees that the information provided by him/her/them at the time of registration are true, complete and correct and that any change in the information will be updated to the Owner with immediate effect of the change. If the information details are found not to be true (wholly or partly), the Owner of the website has the right in its sole discretion to reject the registration and debar the Vendor from using the Services of the Website and/or other affiliated websites without prior intimation whatsoever.
- A Vendor may be prohibited from creating a new account if he/she/they has/have been previously terminated as per the above mentioned circumstances or for any other reason whatsoever objectionable by the Owner.
- CONFIDENTALITY: Confidential information (the “Confidential Information”) refers to any data or information relating to the business of WEBSITE which would reasonably be considered to be proprietary to the WEBSITE including, but not limited to, accounting records, business processes, and WEBSITE records and that is not generally known in the industry of WEBSITE and where the release of that Confidential Information could reasonably be expected to cause harm to WEBSITE. The Vendor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Vendor has obtained, except as authorized by the WEBSITE. This obligation will survive indefinitely upon termination of this Agreement. All written and oral information and material disclosed or provided by WEBSITE to the Vendor under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider
- TERMINATION: Subject to the terms of these presents, in the event the Vendor commits breach of any of the terms of the website or any of the following the agreements stand terminated. In case of termination on account of breach the website agrees to issue a notice of intimation prior to the termination. TheWEBSITE shall issue a notice in writing to the Vendors thereby intimating him / her about the breach/es and calling upon the said Vendor to remedy the breach/es, within a period of 15 days from the date of receipt of the notice. In the event the breach is not remedied within the stipulated period, the present agreementstand terminated with the expiry of the said notice period. After termination of this agreement the advance payment received by WEBSITE (if any)stands non-refundable. The website reserves the right at its sole discretion to terminate, refuse, restrict or suspend any User’s or Vendor’s account at any time, for any reason, without notice, including when the Vendor fails to abide by these Terms and Conditions or any other policy or terms posted anywhere on the Website.The website reserves the right at its sole discretion to terminate, refuse, restrict or suspend Vendor’s account at any time if any User or Vendor-
- uploads pornographic contents/photos/videos/links on the Website.
- uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on the Website.
- Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable.
- DISPUTE RESOLUTION: The parties to this agreement mutually agree and understand that where it has been provided otherwise, any dispute or difference arising out or in connection to this agreement the parties including any dispute/s or difference/s relating to the interpretation of the Agreement or any clause/s thereof shall be as follows;
- Initially the parties will attempt to resolve the dispute through friendly consultation;
- If the dispute is not resolved within 60 days then any or all the issues shall be referred to a sole arbitrator to be mutually appointed by parties to this agreement;
- No objection shall be taken on the ground that the so appointed arbitrator is in any way associated with WEBSITE;
- The award of the arbitrator shall be final and binding on parties;
- The arbitrator shall be competent to decide whether any matter of dispute or difference referred to him falls within purview of arbitration as provided for above and / or for any matter relating to arbitration under the Arbitration Act, 1996; and
- The venue of the Arbitration shall be at Pune M.S. India only.
- Limitation of Liability: To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the User or a Vendor or any third party arising out of the User’s or Vendor’s access or use or inability to access or use the Website and/or its Services. The information and Services displayed on the Website or the Services may include inaccuracies or typographical errors. Additionally, a possibility exist that unauthorized additions, deletions and alterations could be made by third parties to the Website. Although the Owner attempts to ensure the integrity and the accuracy of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the services, photos/videos/links/brochures/magazines/information/articles or any other documents displayed on the Website including their quality. The Website and/or Owner shall not be held liable and/or responsible for any errors or omissions or for the results obtained from the use of such information or any technical problems a User or a Vendor may experience from the information and/or Services displayed on the Website. In any event, the Owner will not be held liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website. The Vendor or a Vendor expressly agrees that the Website and/or Owner are not responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Vendor specifically agrees that the Website and/or Owner will not be held responsible and/or liable for any content/data sent using and/or included in the Website or Service by any third party/parties. NOTWITHSTANDING anything contained herein, in any event, the liability of the, financial or otherwise, suffered to the Owner of the Website shall be limited to the amount paid by the Vendor and shall not exceed the sale value.
- Warranty and Indemnification: The parties to this agreement agree that this Website is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind and that theVendor or a Vendor will use the Website at his/her/their own risk. The Website disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website and/or the information contained on the Website for any purpose. Any relation the User or the Vendor places on such information are therefore strictly at his/her/their own risk.
- TheVendor hereby agrees that the Owner is not held responsible or held liable for any transaction between the Vendor or the Vendor and third party providers of third party websites or services provided through the Website. No advice or information whether oral or in writing received from the User or Vendor of the Website shall create any warranty on behalf of the Website in this regard.
- A User or a Vendor agree to indemnify, defend and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the User or Vendor.
- MODIFICATION OF AGREEMENT: The parties to this agreement mutually agree that any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
- TIME OF THE ESSENCE: Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- ENTIRE AGREEMENT: The parties to this agreement mutually agree that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement
- GOVERNING LAW: The parties to this agreement mutually agree that this agreement shall be governed and construed in accordance with the laws of India. In the event of there being any dispute or difference between the parties arising out of this Agreement at any time, the same shall be subject to the sole jurisdiction of the Courts at Pune only, in exclusion to all other courts
- SEVERABILITY: The parties to this agreement mutually agree that in any event any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- WAIVER: The parties to this agreement mutually agree that waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
- MISCELLANEOUS: Any notices / communications given under this Agreement shall be in writing and shall be deemed to be served upon the other party if sent / dispatched by registered post addressed to the address below or such other address as the respective parties may from time to time designate by notice given in conformity with the above
- RERA: The owner advises users to refer to the RERA website authorsised by the Govt. of India to see complete information with respect to any project/builder/developer/agent before making any decision/s relating to any services provided by this website.
- The information, contents and opinions provided on this website are broad guidelines for general information only. They are solely intended to provide information of general nature of the subject matter. The material on this website is not and should not be regarded as legal, financial or advisory.
- The owner does not warrant that www.foot2feet.com be free of any operational hazards or error/s nor that it will be free of any virus or/and worm or/and any other harmful components.
- No advice or or/any information, whether oral or/and written, obtained by the User from this website or/and through or/and from the service/s shall create any warranty not expressly stated herein.
- This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom.
- Every effort is made to keep the Website up and running smoothly. However, the Owner takes no responsibility for, and will not be held liable for the Website being temporarily unavailable due to technical issues beyond our control.
GUIDELINES FOR ALLOCATION OF A CLIENT REQUEST TO A VENDOR