1. General

  1. This document constitutes an electronic record as per the Information Technology Act, 2000, and its relevant provisions concerning electronic records in various statutes, as amended by the Information Technology Act, 2000. This electronic record is computer-generated and does not necessitate physical or digital signatures.
  2. This document is published in compliance with Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which mandates the publication of rules, regulations, privacy policy, and Terms of Use for accessing or using www.ccsrealestates.com.
  3. The website www.ccsrealestates.com ("Website") is owned and operated by CCS Real Estate Private Limited. CCS Real Estate includes CCS Real Estate Pvt. Ltd., Head quartered at B-210, 2nd Floor, Elante Offices, Industrial Area, Phase-1, Chandigarh 160002, and its subsidiaries, group companies, and affiliates. These terms include their respective representatives, administrators, employees, directors, officers, agents, and successors.
  4. In these Terms of Use ("Terms"), when the context demands:
    1. 'You' or 'User' refers to any legal person or entity accessing or using the services on this Website, competent to enter into binding contracts under the Indian Contract Act, 1872.
    2. 'We,' 'Us,' or 'Our' refers to the Website and/or the Company, as per the context.
    3. 'Party' or 'Parties' refers to the User and the Company individually and collectively, contextually.
    4. The domain www.ccsrealestates.com also applies to the mobile application, and these Terms & Conditions are applicable to the mobile application, with 'Website' encompassing the mobile application.
  5. Section headings in these Terms serve organizational purposes and have no legal or contractual significance. Parties agree that these headings do not interpret the provisions herein.
  6. The User's use of the Website is solely governed by these Terms and the Privacy Policy available on the website. By accessing the Website or using its services, the User unambiguously accepts these Terms and the aforementioned policy, and agrees to be bound by them. These Terms and the Policy are interconnected, terminating one leads to the termination of the other, except as provided in Section 3 hereunder.
  7. The User acknowledges that these Terms and the Policy form a legally binding agreement between the User and the Company. The User is subject to the rules, guidelines, policies, terms, and conditions applicable to any service provided by the Website, all of which are integrated into these Terms.
  8. The Company holds the exclusive right to amend these Terms without prior notice to the User. Any amendments or modifications take immediate effect. The User is responsible for staying updated on the Terms. Continued use of the Website after changes implies User's consent to the modified Terms. If the User complies with these Terms, they are granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Website.
  9. These Terms and Conditions apply to all users, including guest users and registered users, accessing our Services through the website www.ccsrealestates.com and/or the mobile application.

THE SERVICES:
We are professional real estate consultants offering comprehensive services for real estate investments. Our services include:
Property Identification: We assist in property search by employing technical research and analysis to match customer requirements.
Transactional Support: Our sales team provides support during site visits, pricing negotiations, and inventory discussions.
Financial & Administrative Support: We have a dedicated team that aids customers with mortgage, financial services, administrative, and legal support.
Product Portfolio: We deal in various property types, including residential (primary & resale), commercial, leasing, land, global projects, affordable housing, investor projects, and structured offerings etc.
Portfolio Structuring & Management: We help diversify clients' real estate portfolios and introduce properties with attractive payout options for investors.
Service for Life: We assign a "Dedicated Relationship Manager" to assist our customers

2. ELIGIBILITY:

The User affirms that they are competent and eligible to enter legally binding agreements and have the necessary authority under the Indian Contract Act, 1872. Usage of this website is prohibited if the User is not competent to contract under the Indian Contract Act, 1872, or is disqualified by any applicable law, rule, or regulation.

3. TERM:

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

  1. The User continues to access and use the Website; or
  2. The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.

Whichever is later. The Parties agree that certain portions of these Terms ("Sections"), such as Sections 12, 13, 14, 15, 16 & 17, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.

4. TERMINATION:

The Company reserves the right to unilaterally terminate the User's access to the products and services offered on the Website at any time, without notice or cause. The User remains bound by these Terms until their expiry.

5. ONLINE SERVICE PLATFORM:

The Website is an online service platform providing advice and recommendations regarding real estate properties.

6. COMMUNICATION:

By using this website and providing their contact details through it, the User hereby grants consent to receive calls, autodialed and/or pre-recorded message calls, emails, and SMSs from the Company, its affiliates, or partners at any time, as per the Policy. If the User wishes to stop receiving marketing or promotional calls, emails, or text messages, they can send an email to [care@ccsrealestates.com] with the subject [Query regarding CCS website use]. The User acknowledges that it might take up to seven (7) business days for the Company to process such a request. The User also agrees to be contacted by the Company or its affiliates/partners regarding any services availed on the website. The information shared by the User with the Company will be governed by the Policy.

7. CHARGES:

Browsing the Website is free. Users pay only for services availed on the Website or mobile application. The Company may introduce charges for certain services, with users being notified in advance. Changes become effective immediately upon notification unless specified otherwise.

8. MODE OF PAYMENT

Our mobile application does not facilitate any form of online transactions. We explicitly do not accept payments within the app through online channels. In the unfortunate event of any unauthorized deduction from your account, please understand that the company cannot be held responsible for such transactions.

9. 9.USER OBLIGATIONS:

The User acknowledges being a restricted user of this Website and agrees not to copy, modify, distribute, reverse engineer, post, or create derivative works from any information or software obtained from the Website.

Any such usage requires prior written permission from the Company. Unlimited reproduction, commercial or non-commercial, and unauthorized modification of Website content are strictly prohibited.

  1. Access Limitation: The User commits to accessing the Website only through the provided interface. Using automatic devices or methods to access, copy, or monitor the Website's content, or attempting to obtain information through unauthorized means, will result in access suspension, termination, and legal action as per relevant laws.
  2. Offensive Content: The User understands that accessing the Website may expose them to content deemed offensive. The Company disclaims liability for such content. Users can report offensive material for the Company's review and potential removal.
  3. Responsible Posting: In areas allowing User-generated content, the User ensures their material complies with applicable laws and is not offensive. Offensive content may be promptly removed without notice, and the User's access to the Website may be permanently revoked at the Company's discretion.
  4. Further undertakes not to: /The User agrees not to:
    1. Abuse, harass, threaten, defame, or violate the legal rights of any person or entity.
    2. Interfere with or disrupt access to the Website or its services, servers, or networks.
    3. Impersonate any person or entity or misrepresent affiliation with others.
    4. Publish, post, or disseminate harmful, harassing, defamatory, obscene, pornographic, or unlawful content.
    5. Infringe the copyright, patent, or trademark of another person or entity.
    6. Upload files containing viruses or similar software that may damage the Website.
    7. Download files that cannot be legally distributed.
    8. Probe, scan, or test the Website's vulnerability or breach security measures.
    9. Disrupt or harm the Website, systems, accounts, passwords, servers, or networks.
    10. Collect or store data about other users.
    11. Use the Website for unlawful or prohibited activities.
    12. Violate specific product or service guidelines applicable on the Website.
    13. Possess more than one account without written permission from the company.
    14. Violate any applicable laws or regulations.
    15. Be responsible for all activities under the user account.
    16. Provide accurate and truthful registration information.
    17. Maintain the confidentiality of account credentials and notify the company of any unauthorized use.
    18. Be aware and responsible for transactions in the user account, preventing unauthorized access.
    19. Engage in decompiling, reverse engineering, or removing any intellectual property rights associated with the Website.
    20. Not use the Website in a manner harmful, unlawful, or fraudulent.
    21. Not post, distribute, or transmit any harmful software or files.
    22. Not delete or modify Website content.
    23. Provide consent for automatic receipt of updates for effective service delivery.
    24. Understand that not all products, services, and rewards may be available in all areas.
    25. Block the account and change the passcode if the device is lost or stolen.
    26. Not use features for fraudulent activities.
    27. Not engage in prohibited transactions such as unwarranted fees, fake IDs, or non-compliant products.
    28. Not violate any laws, rules, or regulations in force in India or elsewhere.
    29. Not violate any part of these Terms or the Policy.
    30. Not threaten the unity, integrity, or public order of India or insult any nation.
    31. Not publish false or misleading information.
    32. Not trade any restricted items under applicable laws.
    33. Not disrupt the services of the Company's internet service provider.
    34. Not engage in unsolicited commercial activities on the Website.
  5. The User authorizes the Company to disclose their information to law enforcement or government officials if necessary for investigation and resolution of crimes. The Company may also disclose information as required by law, regulation, or valid governmental request.
  6. The User acknowledges that the Company has the right to remove content violating the Terms. The User is responsible for posted content and accepts consequences arising from it. The Company is not liable for user-generated content but retains the right to remove or edit it.

10. VIOLATION OF USER OBLIGATIONS:

  1. If the company determines that the user has violated any of the conditions outlined in these Terms of Use, user obligations, or the Privacy Policy related to specific services or agreements consented to via the website, the company has the right to suspend user access to the Website and/or delete the user account without prior notice. However, the user can contact the company's support team for assistance in restoring their account.
  2. If the company suspects suspicious or unusual activity occurring through the user's account, the company can take the following actions against the user:
    • Require immediate refund of any scheme benefits received by the user for the transaction, in any name, back to the company.
    • Demand immediate refund of an amount equivalent to any unwarranted charges paid by the company to any other payment gateway/bank due to fraudulent transactions or acts committed by the user.
    • Impose a penalty equivalent to 3% of the transacted amount. Additionally, the company reserves the right to increase the penalty amount based on the severity or scale of the violation, fraud, or misuse.
    • Temporarily or permanently suspend the user's access to the Website/application Services.

11.SUSPENSION OF USER ACCESS AND ACTIVITY:

The Company reserves the right to limit the User's access and/or activity on the Website at its sole discretion. This may include immediately removing the User's access credentials temporarily or indefinitely, suspending or terminating the User's membership, and/or denying the User access to the Website, without the obligation to provide notice or cause, under the following circumstances:

  1. If the User breaches any of these Terms or the Policy;
  2. If the User provides wrong, inaccurate, incomplete, or incorrect information;
  3. If the User's actions have the potential to cause harm, damage, or loss to other users or to the Website/Company, as determined solely by the Company.

12. INDEMNITY AND LIMITATIONS:

  1. The User expressly agrees to defend, indemnify, and hold harmless the Website and the Company, along with its employees, directors, officers, agents, and their successors and assigns, against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees. These claims may arise from the User's actions or inactions, including but not limited to any warranties, representations, or undertakings, or due to the User's failure to fulfill obligations under this Agreement. This also includes claims arising from the User's infringement of applicable laws, rules, and regulations, such as violations of intellectual property rights, non-payment of statutory dues and taxes, claims of libel, defamation, violation of privacy or publicity rights, loss of service by other subscribers, or infringement of any other third party rights.
  2. Under no circumstances shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages, including those resulting from loss of use, data, or profits, whether foreseeable or not. This applies regardless of whether the Company/Website was advised of the possibility of such damages and is based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, arising out of or in connection with the User's use of or access to the Website and/or the products, services, or materials contained therein.
  3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. The Parties expressly agree that if any statute, rule, regulation, or amendment comes into effect, resulting in the Company/Website incurring any form of liability, these Terms and the Policy will terminate one (1) day before the effective date of such statute, rule, regulation, or amendment. The Parties further agree that the contents of this Section shall survive even after the termination or expiration of the Terms and/or Policy.

13. INTELLECTUAL PROPERTY RIGHTS:

  1. Unless expressly agreed to in writing, the User does not have the right to use any of the Website's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, except as outlined in these Terms. All logos, trademarks, brand names, service marks, domain names, materials, designs, and graphics created and developed by the Website, as well as other distinctive brand features, are the property of the Company. Additionally, regarding the Website created by the Company, the Company exclusively owns all designs, graphics, and related elements of the Website.
  2. The User may not use any of the intellectual property displayed on the Website in a manner that could cause confusion among existing or potential users of the Website. Nor should they use it in a way that disparages or discredits the Company/Website, as determined at the sole discretion of the Company.
  3. The User acknowledges that the products showcased on the Website are the artistic creations of their respective owners. All intellectual property rights, including but not limited to copyrights, associated with these products belong to the creators. It is understood that no such intellectual property is transferred from the creators to the Website/Company or to the User at any point. The Company serves as a platform where these products are listed for sale to the Website users. Neither the Company nor the Website owns the intellectual property related to the products displayed on the Website.
  4. The User is further informed that any reproduction or infringement of the intellectual property of the creators by the User will lead to legal action initiated against the User by the respective owners of the infringed intellectual property. The Parties agree that the contents of this Section shall remain in effect even after the termination or expiry of the Terms and/or Policy.

14. DISCLAIMER OF WARRANTIES AND LIABILITIES:

  1. Unless expressly stated otherwise on the Website, all products/services offered on the Website are provided "as is" without any warranty, either express or implied.
  2. The Company does not make any representations or warranties, including implied warranties of merchantability and fitness for a particular purpose.
  3. The User acknowledges that accessing the Website and making transactions are done at their sole risk. They are expected to exercise their best judgment before purchasing any product/service listed on the Website or accessing any information displayed thereon.
  4. The Company is not liable for any errors or omissions, whether on its behalf or third parties', or for any damage caused to the User, the User's belongings, or any third party, resulting from the use or misuse of any product purchased or service availed of by the User from the Website.
  5. The Company does not guarantee uninterrupted or error-free functions and services on the Website. It also does not guarantee that the Website or its server will be free of viruses or other harmful components. The User expressly accepts all associated risks involved in using the Website.
  6. The Parties agree that the contents of this Section shall continue to be valid even after the termination or expiry of the Terms and/or Policy.

15. SUBMISSIONS:

Any comments, ideas, suggestions, or other content provided by the User to the Company or this Website will be considered as granting a royalty-free, perpetual, irrevocable, non-exclusive right and license for the Company to use, modify, publish, reproduce, distribute, transmit, create derivative works, display, or act upon such content. This right applies in any media or technology, known or developed in the future, for the entire duration of any rights that may exist in such content.

By providing such content, the User relinquishes any claim to compensation. The User confirms ownership or control of all rights to the contributed content and asserts that the Company's use of such content does not infringe upon the rights of any third party. In case of legal action against the Company by a third party regarding such content, the User agrees to indemnify and absolve the Company from any liability. The Company reserves the right to defend itself in such legal disputes and recover associated costs from the User.

16. DISPUTE RESOLUTION & JURISDICTION:

The Parties mutually agree that any disputes arising from these Terms will be resolved through a two-step Alternate Dispute Resolution ("ADR") process, which will persist even after the Terms' termination or expiry.

  1. Mediation: If a dispute arises, the Parties will attempt to resolve it amicably within thirty (30) days of one Party notifying the other. If no resolution is reached within this period, the dispute will proceed to arbitration as outlined below.
  2. Arbitration: If mediation does not resolve the dispute, it will be referred to arbitration by a sole arbitrator chosen by the Company. The arbitrator's decision will be final and binding on both Parties. Each Party will bear its own costs, although the arbitrator may, at their discretion, direct one Party to bear the entire cost. The arbitration will be conducted in English, with the arbitration venue in Chandigarh, India.

The Parties explicitly agree that Indian laws, rules, and regulations govern the Terms, Policy, and any other agreements between them. Additionally, they consent to the exclusive jurisdiction of the Courts in Chandigarh for any disputes arising between them.

17. NOTICES:

  • Users can communicate disputes or grievances to the Company in writing, sent via Registered Post Acknowledgment Due/Speed Post Acknowledgment Due (RPAD/SPAD) to the Company's registered office.
  • These terms outline User responsibilities and the Company's rights and processes, ensuring clarity and mutual understanding between the User and the Company.

18. MISCELLANEOUS PROVISIONS:

  1. Entire Agreement:
    These Terms, along with the Policy, constitute the comprehensive and definitive agreement between the User and the Company regarding the subject matter herein, superseding all other communications, representations, and agreements, whether oral, written, or otherwise, concerning the same.
  2. Waiver:
    The failure of either Party to insist on the performance of any provision of these Terms at any time shall not affect that Party's right to enforce the provision later. No waiver by either Party of any breach of these Terms, whether through conduct or otherwise, in any one or more instances, shall be considered a waiver of any other breach or a further or continuing waiver of the same breach.
  3. Severability:
    If any provision or clause of these Terms is deemed invalid, illegal, or unenforceable by a court or competent authority, the validity, legality, and enforceability of the remaining provisions/clauses shall not be affected. In such a situation, these Terms will be adjusted to the minimum extent necessary to rectify the invalidity, illegality, or unenforceability, while preserving the original rights, intentions, and commercial expectations of the Parties, as expressed herein, to the maximum extent possible.

CCS Connect Mobile App Terms & Conditions

1. Definitions

CCS Connect refers to a smartphone app owned and operated by CCS Real Estate Pvt Ltd, designed for use on smartphone devices. It is accessible to CCS Connect Application Users who have enrolled in the CCS Connect program and downloaded the application. This includes the Platform Usage Fee, granting users access to premium and additional app features. CCS Real Estate Pvt Ltd operates as a real estate advisory firm with its Head Office located at B-210, 2nd Floor, Elante Offices Industrial Area, Phase-1, Chandigarh 160002.

2.Enrollment & Usage

CCS Connect users must provide accurate details to CCS during enrollment. Incomplete or incorrect information may result in refusal of application enrollment without explanation. CCS reserves the right to invite prospective users to join the application as it deems appropriate. Data related to CCS Connect will be protected and used in accordance with the policy outlined in CCS Privacy Policy.

3.Pre-condition regarding Payment of Commission to Members

If a Channel Partner makes a booking with the Company for themselves or a close relative, they can claim their commission only after successfully completing at least one previous booking. New Channel Partners must complete a second booking successfully to claim commission over their first booking.

4.Termination of Membership

Membership can be terminated under three conditions:
First, if the user uninstalls the application; second, if a user engages in behavior inconsistent with central/state/local laws, statutes, or ordinances; and third, if the user is disqualified from app usage due to misconduct, fraud, or misuse of the application.

5.Intellectual Property Rights: Service Content, Software, and Trademarks

Users of CCS Connect acknowledge and agree that the membership may contain content protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Users further agree not to copy, modify, rent, lease, distribute, or sell the membership or its content, in whole or in part. Users are prohibited from engaging in data mining, robots, scraping, or similar data gathering or extraction methods. The software is the sole property of CCS, and users are not allowed to copy, modify, or reverse engineer it in an attempt to discover any source code for sale, rent, or sublicense to any third party.

6.Miscellaneous

Disputes will be governed by Indian laws and attempted to be resolved through negotiations. If negotiations fail, legal recourse will be pursued, subject to the exclusive jurisdiction of the competent courts in Chandigarh. Claims and disputes must be notified to CCS within fifteen (15) working days from the event date; afterward, no CCS Connect user shall have any claim against CCS.
CCS has the right to transfer, assign, and sell the CCS Connect App, wholly or partially, to any third party without notifying CCS Connect users. All logos and trademarks are the sole property of CCS.

7.Disclaimer of Warranties

CCS Connect users accept that the use of the membership is at their sole risk. CCS disclaims all warranties, express, implied, or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
CCS makes no warranty that the membership will meet the user's requirements, be uninterrupted, timely, secure, error-free, or that the results obtained from the use of the membership will be accurate or reliable.

8.Limitation of Liability

CCS shall not be liable for any indirect, incidental, or exemplary damages, including loss of profits, goodwill, data, or other intangible losses 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.

9.Privacy Policy

CCS is committed to safeguarding the privacy of its members and their transactions. The following section outlines the information collected, how it is used, and the security measures in place.

10.Information We Collect

During the signing process, CCS may collect personal data and other information as described below:
During the registration process, we may collect personal data from our members. By willingly providing us with this information, users are granting CCS permission to utilize it in accordance with our privacy policy.
When users engage with the application, we also gather and store non-identifiable personal information. This stored data cannot be used to specifically identify a member. CCS may maintain such information in databases owned and managed by CCS affiliates or service providers.
The information collected may be used to track various metrics, such as the total number of visitors, page-specific visitor counts, and the domain names of our visitors' internet service providers. This data aids in understanding how users interact with our application.

To enhance user experience, CCS may conduct research on demographics, interests, and behavior based on the personal data provided during registration.

CCS might share this information with its affiliates, agents, and business partners. However, this shared information does not personally identify any user. Additionally, aggregated user statistics may be disclosed to describe our services to current and potential business partners, as well as other third parties, for legitimate purposes.

Cookies may be utilized by CCS to enhance application functionality and enable us to analyze application usage more precisely. For example, our program might place a cookie on your browser, allowing you to access the application without needing to remember your password.

We will only collect data through cookies with your explicit prior permission.

11.Use of Member's Personal Data and Other Information

CCS uses personal data as per the privacy policy. It may contact users in the future to inform them about services believed to be of interest. Users will be informed if personal data is to be used in a manner not consistent with the privacy policy.

12.Our Disclosure of Your Personal Data and Other Information

CCS highly values your personal information and will not sell it. We regard this data as crucial for our relationship with application users. However, there are instances where we might share your personal data with third parties without prior notice, as explained below:
Subsidiaries: We may share your personal data with our subsidiaries for purposes consistent with this privacy policy.
Agents and Consultants: Your personal data may be shared with agents and consultants hired to perform specific business functions. For example, this could include sending emails and SMS messages, managing databases, developing certain application features, and ensuring maintenance and security.
Legal Requirements: CCS might disclose your personal data if compelled by law or in good faith belief that such action is necessary to comply with a legal obligation. This includes assisting government enforcement agencies, protecting and defending CCS's rights or property, responding to urgent situations to safeguard the personal safety of services users or the public, and guarding against legal liability.
We do not share your personal data for marketing or promotional purposes without your consent, except as part of a specific feature where you will have the option to opt-out.

13. Exclusions

The Privacy Policy does not apply to personal data collected by CCS through means other than the application, such as information posted in public areas of the services. Unsolicited information provided to CCS is not considered confidential and may be used without limitations.

14. Security

CCS takes steps to protect provided personal data from loss, misuse, and unauthorized access. However, users should exercise caution when submitting information via electronic transmission due to the inherent risks of internet transmission.

15.Changes to CCS’s Privacy Policy

CCS reserves the right to update or modify the privacy policy without prior notice. Changes become effective upon updating the app. Users are encouraged to review this policy periodically, especially before providing any personal data.