These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you” or “your”) and Koski Realestate Pvt. Ltd. (“Koski”, “Company”, “we”, “us” or “our”).
These Terms govern your access to and use of the Koski website, mobile applications and related services (collectively, the “Platform”).
By accessing, browsing, registering with, or using the Platform, you acknowledge that you have read, understood and agreed to be bound by these Terms and the applicable policies referred to in them.
If you do not agree with these Terms, please do not access or use the Platform or any of the Services.
Welcome to Koski. These Terms of Service govern your use of the Koski Platform and the services made available through it.
These Terms constitute a binding legal agreement between you and Koski Realestate Pvt. Ltd., having its corporate office at #31, Sector 9, Urban Estate, Ambala City, Ambala – 134003, Haryana, India (the “Company”), and govern your right to access and use the Platform and the services offered through it.
The Platform is intended to facilitate the listing, discovery and exchange of information relating to real estate properties and to facilitate communication and interaction between prospective buyers, sellers and other users.
The Company may provide services and features through the Platform including, without limitation, property listings, property information, photographs, videos, maps, directions, location information, property-boundary tools, communication facilities and other features that may be introduced from time to time (collectively, the “Services”).
Where you use a particular feature or Service, additional rules, guidelines, policies or terms may apply to that feature or Service. Such provisions shall be deemed to form part of these Terms.
The Company may amend or modify these Terms from time to time. Any updated version shall become effective upon being posted on the Platform, unless otherwise specified or required by applicable law.
You are encouraged to review these Terms periodically. Your continued use of the Platform after an updated version becomes effective constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.
The Company reserves the right to suspend, modify or temporarily discontinue the Platform or any part thereof for maintenance, technical upgrades, security reasons, operational requirements or other legitimate purposes.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM OR SERVICES.
Your use of the Platform is also subject to the Company's Privacy Policy, which forms part of these Terms.
Privacy Policy: [INSERT FINAL PRIVACY POLICY URL]
Unless otherwise specified, the following capitalised terms shall have the meanings set out below:
“Account” means an account created by a User on the Platform in accordance with these Terms and any applicable registration requirements.
“Applicable Law” means any applicable statute, law, regulation, subordinate legislation, ordinance, rule, judgment, order, decree, notification, directive, policy, circular, guideline, code of practice or other requirement having the force of law and applicable to the relevant subject matter.
“Company” means Koski Realestate Pvt. Ltd., an existing company incorporated under the Companies Act, 2013, having its corporate office at #31, Sector 9, Urban Estate, Ambala City, Ambala – 134003, Haryana, India.
“Content” means text, photographs, images, videos, documents, property descriptions, reviews, ratings, comments, graphics, information and other material made available on or through the Platform.
“Platform” means the Koski website, mobile applications and associated digital services, including any related domains, sub-domains, applications, interfaces and features operated or controlled by the Company.
“Property” means any land, residential property, commercial property, development, building, unit or other real-estate asset advertised, displayed or otherwise referred to on the Platform.
“Services” means the services and features made available by the Company through the Platform, including the listing and discovery of Properties and facilities that enable or facilitate communication and interaction between buyers, sellers and other Users.
“User” means any person who accesses, browses, registers with or uses the Platform or any Service, including property owners, sellers, prospective buyers, advertisers, agents, brokers, developers and visitors.
Users may access certain portions of the Platform for preliminary browsing without creating an Account.
Certain Services or features may require the User to register and provide information requested by the Company.
The User agrees to provide information that is accurate, complete and current and shall promptly update such information where necessary.
The Company may use appropriate verification mechanisms, including one-time passwords (“OTP”), email verification, mobile verification or other reasonable methods, to verify a User's Account.
A User shall not knowingly create or maintain multiple Accounts for the purpose of circumventing any restriction, verification requirement or Platform policy.
The User agrees to cooperate reasonably with the Company's personnel where assistance or verification is required in relation to the User's access to or use of the Platform.
The Platform may allow Users to create, publish and manage Property listings.
A User who creates or publishes a Property listing is solely responsible for ensuring that all information contained in the listing is accurate, complete, current and not misleading.
The User creating a Property listing represents and warrants that the User has the necessary right, authority or permission to advertise the Property and to provide the information and Content submitted to the Platform.
A listing may contain information including, without limitation:
The User is responsible for ensuring that such information complies with Applicable Law and does not infringe the rights of any third party.
The Company may, at its discretion and subject to Applicable Law, review, modify, restrict, reject, remove or disable any listing or Content where it reasonably believes that such listing or Content:
The publication of a Property listing on the Platform does not constitute verification, certification, approval, endorsement or guarantee by the Company of the Property, its ownership, title, legality, measurements, boundaries, approvals, availability, price or other information contained in the listing.
The Platform is intended to facilitate interaction between Users. The Company is not a party to any agreement, sale, purchase, lease, licence, investment or other transaction entered into between Users unless expressly agreed otherwise in writing.
Users are solely responsible for conducting their own due diligence before entering into any transaction or making any payment.
A prospective buyer or other interested person should independently verify, as applicable:
The Company does not provide legal, tax, financial, valuation or title advice in relation to any Property.
Users should obtain independent professional advice and conduct appropriate verification before entering into any Property transaction.
The Platform may provide maps, geographical information, directions, location markers and tools through which Users may indicate or draw Property boundaries.
Such information and tools are provided for informational and Platform-related purposes only.
A map location, marker, boundary, area or other geographical representation displayed on the Platform shall not by itself constitute a legal survey, title record, cadastral record, government record or legally verified Property boundary.
Users must independently verify the actual location, area, measurements and legal boundaries of any Property before relying upon such information for a transaction or other legal purpose.
The Company shall process User information in accordance with its Privacy Policy and Applicable Law.
The User acknowledges that the Company may need to collect, store and process information necessary to provide the Platform and Services, verify Accounts, maintain security, communicate with Users and comply with Applicable Law.
The Company shall not be responsible for loss, destruction, alteration or failure to store User information to the extent such event results from circumstances beyond the Company's reasonable control or from acts or omissions of third parties, subject to Applicable Law.
The Company may remove or restrict User information or Content where reasonably necessary to comply with these Terms, Applicable Law, a lawful request or to protect the Platform or its Users.
The Company reserves the right to reject, restrict, suspend or disable an Account where the User violates these Terms, Applicable Law or any applicable Platform policy.
Subject to Applicable Law, the Company may undertake reasonable verification or screening measures to protect the integrity and security of the Platform and to identify potentially fraudulent, duplicate, misleading or unauthorised Accounts or listings.
The Company may modify, suspend, discontinue or otherwise change any part of the Platform, including its features, structure, layout and functionality.
The Company may suspend or deactivate an Account or restrict access to the Platform where reasonably necessary because of a violation of these Terms, security concerns, suspected fraudulent activity, legal requirements or other legitimate operational reasons.
The Company may send Users service-related communications, including notifications, confirmations, verification messages and other communications necessary for operating the Platform.
Where the User has provided the required consent, the Company may also send promotional or marketing communications. Users may withdraw such consent or unsubscribe from promotional communications in accordance with Applicable Law.
The User is responsible for maintaining the confidentiality and security of their Account credentials.
The User shall notify the Company promptly upon becoming aware of any unauthorised access to or misuse of their Account.
Upon receiving a report of unauthorised access, the Company may take reasonable measures, including suspension or termination of the affected Account, to protect the User and the Platform.
The User should take reasonable security precautions, including maintaining the confidentiality of passwords, OTPs and other authentication information.
The Platform, including its software, design, layout, graphics, text, logos, trademarks, service marks, interfaces and other original materials, is owned by or licensed to the Company and is protected by Applicable Law.
Subject to these Terms, the Company grants the User a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Platform for its intended purpose.
The User shall not, except as expressly permitted by Applicable Law or with the Company's prior written permission:
All logos, trademarks, service marks, product names and service names used on the Platform are owned by or licensed to the Company or its respective licensors.
The User shall not use any Company trademark, logo or other proprietary mark without prior written permission.
Users shall not use the Platform to:
Users may submit Content to the Platform, including Property descriptions, photographs, videos, reviews, comments and other information.
The User represents and warrants that:
The Company does not necessarily endorse or adopt opinions expressed in User Content.
The Company may remove or restrict User Content where it reasonably believes that such Content violates these Terms, Applicable Law, third-party rights or the integrity or safety of the Platform.
By submitting Content to the Platform, the User grants the Company a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, format, transmit and use such Content as reasonably necessary to operate, provide, maintain and improve the Platform and Services.
The licence granted under this section does not transfer ownership of the User's underlying intellectual-property rights in the Content.
Where the Platform permits Users to submit reviews, ratings, comments or other feedback, such Content must reflect the User's genuine experience and must not be knowingly false, misleading, defamatory, threatening or unlawful.
Users shall not use reviews or ratings to harass, extort, threaten, manipulate or unfairly harm another User.
The Company may remove or restrict reviews, ratings or feedback that violate these Terms or Applicable Law.
Users are responsible for complying with Applicable Law relating to the Property and their activities on the Platform, including applicable requirements under real-estate laws and regulations.
Where applicable, Users should independently verify the RERA registration status of a Property or project and review information available from the relevant Real Estate Regulatory Authority before proceeding with a transaction.
The Company does not represent or warrant that every Property listed on the Platform is RERA registered, exempt from RERA requirements, legally approved or otherwise compliant with Applicable Law.
The publication of a Property listing on the Platform does not constitute an endorsement, certification or legal verification of that Property by the Company.
The Company may remove or restrict a listing where it becomes aware of information indicating that the listing may violate Applicable Law or the requirements of the Platform.
The User expressly understands and agrees that:
Use of the Platform is at the User's own risk. The Platform is provided on an “as is” and “as available” basis, to the maximum extent permitted by Applicable Law.
The Company does not warrant that the Platform will always be uninterrupted, timely, secure or error-free.
The Company does not warrant the accuracy, completeness, reliability or suitability of information provided by Users or third parties through the Platform.
The Company does not warrant or guarantee:
Users are responsible for conducting their own verification and due diligence before relying upon information obtained through the Platform.
Nothing in these Terms excludes any warranty, representation, right or remedy that cannot lawfully be excluded under Applicable Law.
To the maximum extent permitted by Applicable Law, the Company, its directors, officers, employees, agents, affiliates and service providers shall not be liable for indirect, incidental, special, consequential or exemplary loss or damage arising from or relating to:
a. use of or inability to use the Platform;
b. information supplied by a User or third party;
c. Property listings;
d. statements or conduct of another User;
e. transactions, negotiations or arrangements between Users;
f. unauthorised access to or alteration of User information;
g. interruptions, technical failures or unavailability of the Platform; or
h. third-party websites, services or content.
The Company shall not be responsible for losses arising from a User's failure to independently verify Property information or conduct appropriate due diligence.
Nothing in these Terms limits or excludes liability to the extent such limitation or exclusion is prohibited under Applicable Law.
[LEGAL REVIEW REQUIRED: INSERT THE FINAL LIABILITY CAP, IF THE COMPANY'S LAWYER INTENDS TO RETAIN A SPECIFIC MONETARY CAP.]
To the maximum extent permitted by Applicable Law, the User agrees to defend, indemnify and hold harmless the Company, its directors, officers, employees, agents and affiliates from and against claims, actions, liabilities, losses, damages, costs and reasonable expenses arising out of or relating to:
a. the User's violation of these Terms;
b. the User's violation of Applicable Law;
c. the User's User Content;
d. a Property listing submitted by the User;
e. infringement of a third party's intellectual-property or other rights by the User;
f. fraudulent, misleading or unlawful conduct by the User; or
g. transactions or interactions entered into by the User with another User.
The Platform may contain links to or integrations with third-party websites, applications, payment services, mapping services or other resources.
Such third-party services may be subject to their own terms and privacy policies.
The Company does not control and is not responsible for the availability, accuracy, security, content, policies or practices of third-party services, except to the extent required by Applicable Law.
The Company may suspend, restrict or terminate a User's Account or access to the Platform where the Company reasonably believes that:
The User may stop using the Platform at any time.
Termination shall not affect provisions which, by their nature, are intended to survive termination, including provisions relating to intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution.
Where account deletion functionality is provided through the Platform, Users may request deletion of their Account through the applicable functionality.
Users may also contact Koski using the contact details provided below to request assistance with account deletion.
Deletion of an Account does not necessarily require the Company to immediately delete information that it is required or permitted to retain under Applicable Law, for fraud prevention, security, dispute resolution, regulatory compliance or legitimate record-keeping purposes.
Such information shall be handled in accordance with the Privacy Policy and Applicable Law.
The Company may modify, update, suspend or discontinue any feature, functionality, Content, Service or part of the Platform from time to time.
The Company may also carry out maintenance, upgrades, security improvements or other technical work that may temporarily affect availability.
The Company shall make reasonable efforts to restore normal operation following a disruption where reasonably practicable.
The Company may amend these Terms from time to time.
Updated Terms shall be posted on the Platform together with an updated “Last Updated” date.
Where required by Applicable Law, the Company shall provide additional notice of material changes.
Continued use of the Platform after the effective date of revised Terms constitutes acceptance of the revised Terms, to the extent permitted by Applicable Law.
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall, to the extent legally permissible, be modified or interpreted to make it enforceable.
If such provision cannot be made enforceable, it shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.
These Terms shall be governed by and interpreted in accordance with the laws of India.
Subject to Applicable Law, the parties submit to the jurisdiction of the courts having jurisdiction in Ambala, Haryana, India, in relation to disputes arising out of or in connection with these Terms or the use of the Platform.
If you have any question, complaint, request or concern regarding these Terms, the Platform or the Services, you may contact:
Koski Realestate Pvt. Ltd.
Corporate Office:
#31, Sector 9, Urban Estate,
Ambala City, Ambala – 134003,
Haryana, India
Email: info@koski.co.in
Telephone: +91-9996978488
You may also contact the Company through the Contact section of the Koski website.
These Terms, together with the Privacy Policy and any other policies or terms expressly incorporated into them, constitute the agreement between the User and the Company concerning the User's access to and use of the Platform, except where a separate written agreement expressly applies.
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