Terms & Conditions| Online Property Management India Australia

Terms of Service

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Property360Degree Platform, you agree to comply with and be bound by these Terms of Service.

Last updated on 20th January, 2022

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Property360Degree (as defined below) governing your access to and use of the Property360Degree website, including any subdomains thereof, and any other website through which Property360Degree makes the Property360Degree services available (collectively, "Site"), our mobile and tablet applications, (collectively, "Application") and all associated services (collectively, "Property360Degree Services"). The Site, Application and Property360Degree Services are hereinafter collectively referred to as the "Property360Degree Platform" or "Platform". The terms "we","us", "Property360Degree" or "our", refer to the brand Property360Degree and company ("Company"). Irrespective of where you reside, you are contracting with Evocrat Technologies LLP, KLE Technological University (BVB), C Lite Building, Vidyanagar, Hubballi - 580031, KA, IN. Our collection use of personal information in connection with your access to and use of the Property360Degree Platform is described in our Privacy Policy.

Table of Contents :
1. Definitions
2. Scope of our Services
3. Eligibility, Using the Platform, Member Verification
4. Modification of these Terms
5. Account Registration
6. Account Types
7. Payment Obligation
8. Regulation Of Usage Of website/app
9. Terms specific for Property Manager and An owners
10. Terms specific for Tenants / End User
11. Terms specific for Property Managers
12. Termination Of Registration
13. Communication from us
14. Information for Users/Service Providers
15. Intellectual Property Rights
16. Disclaimer Of Warranties
17. No Liability
18. Indemnification
19. Links To Third Party Sites
20. Taxes
21. Dispute Resolution and Arbitration Agreement

1. Definitions:

1.1. Rent : A usually fixed periodical return made by a tenant of a property to the owner for the possession and use thereof at fixed intervals.

1.2. Tenant : A user who occupies land or property rented from an owner.

1.3. Property Manager : A property manager or estate manager is a person or firm charged with operating a real estate property for a fee, when the owner is unable to personally attend to such details, or is not interested in doing so. "Property Manager" refers to "Real Estate Agent", "Broker", "Builder" offering Property Management Service.

1.4. Owner : An owner is the one who owns a property and wishes to rent out the same to a tenant for a fixed monthly rent.

2. Scope of our Services:

2.1. Through the Property360Degree Platform, we provide an array of services for an owner, a tenant and a property manager which are mentioned in detail in this document. On the Platform, A Property Manager ("Property Manager") role can enlist himself on the portal in order to provide his services. "Property Manager" refers to "Real Estate Agent", "Broker", "Builder" offering Property Management Service, A Builder ("Builder") can advertise residential and commercial properties on sale / rent built or maintained by him. An owner ("An owner")/ "Owner" can advertise residential and commercial properties on sale / rent on the portal and at the same time a Tenant ("Tenant") can also look for properties available on rent and A Registered User ("User") can search for properties for sale, rent or purchase and hire a property manager ("Services").

2.2. You are permitted to post your requirements / advertisements on our Platform as long as such posting is genuine and is in accordance with the Terms. Further, with your consent, You may authorize any person, including a property manager, to carry out the postings on your behalf and such postings shall also be in accordance with the Terms. You shall be solely liable for any posting done by you or by any person on your behalf or with your consent.

2.3. As the provider of the Platform, Property360Degree may not own, create, sell, resell, provide, control, manage, offer, supply or deliver any Listings. The Listings are posted by the respective Property Managers or/and owners and they alone are responsible for their listings. Once a User makes a purchase / rents , he / she enters into a contract directly with the respective Property Manager or the owner. We are not and do not become a party to any contractual relationship between users, nor are we real estate brokers unless specified anywhere with any projects on our platform. Unless specifically specified anywhere on the Platform, we are not acting as an agent in any capacity for any User.

2.4. If you choose to use the Platform as Property Managers or owners, your relationship with us is limited to being an independent, third party contractor and not an employee, partner, director or agent and you act exclusively on your own behalf.

2.5. Due to the nature of the Internet, continuous and uninterrupted availability and accessibility of the Property360Degree Platform cannot be guaranteed.

3. Eligibility, Using the Platform, Member Verification:

3.1. You must be at least 18 years old and able to enter into legally binding contracts to access and use the Platform and to be an End User. By accessing or using the Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

3.2. We may make the access to and use of our Platform, or certain areas or features of the Property360Degree Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria.

4. Modification of these Terms:

4.1. Property360Degree reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Platform and update the "Last Updated" date at the top of these Terms. Even though we may not be legally required to, however, we may also provide you with notice of the modifications by email at least one (01) day before the date they become effective. In either of the case, once the Terms have been updated, it is deemed that You have been informed of the same. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement once the revised Terms become effective, your continued access to or use of the Platform will constitute acceptance of the revised Terms.

5. Account Registration:

5.1. You may register on our platform by selecting the desired plan, by choosing from the three available categories, i.e. Property Manager (May be used by an individual or builders), Owner or Tenant.

5.2. Since, you are aware of your credentials, you are solely responsible for protecting the confidentiality of your username and password and any activity under the account will be deemed to have been done by you. If you believe that your password has been stolen and maybe misused and you are unable to recover your account, you may contact us immediately and we shall temporarily suspend your account to avoid inconvenience to other users. You may, if so required, generate a new password on providing us with your registered email address and a few other details.

5.3. You hereby agree to the following covenants:

5.3.1. You shall provide true, accurate, current and complete information about yourself as prompted by the sign up process; and

5.3.2. You shall maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. In the event wherein you provide us with false and inaccurate details or we have a reason to believe that the information received is false, we hold the rights to permanently suspend your account and levy any penalty depending upon the nature of the information so provided.

6. Account Types: You can make accounts in three categories, namely:

6.1. Property Manager:

A Property Manager Account can be used by property managers in order to manage the properties they have in their portfolio. You shall also be able to connect the owner with the property to enable the interested users to connect with the Tenant as well. The features available under this Account are as follows:

6.1.1. Add Property:

As a property manager you may add all the properties you have subscribed to for either selling or renting. You may choose your account in accordance to your needs in and keep upgrading in order to manage more properties with advanced capabilities. You can modify the postings by adding the pictures and details which shall be available for all registered users.

6.1.2. Add Rent:

As a property Manager, you can also add properties available with you for rent. You may customize your posting with the rent amount, bond amount, availability of the property, etc.

6.1.3. Inspections:

As a property Manager, you can also schedule inspections in two methods, namely a. Property Management (Condition) Inspection and b. Inspection. Under a. You can schedule inspection to check the condition of the property under development or rented property or property on sale and whereas under b. You can mention the specific date and time at which the interested parties can come and view the property for rental and then apply online. It would also be used to show the property on sale.

6.1.4. Review of Applications:

Registered users upon uploading the required documents are allowed to apply online for a rental property. As a property manager, you may review the same and revert online.

6.1.5. Review history of existing rented properties:

Registered users are able to attach and manage historical information about the properties such as condition reports, electricity bills, water bills, repair invoices etc.

6.1.6. Document Upload:

You may upload documents of importance pertaining to the listed properties. These may include rent agreement, maintenance bills, electricity bills, etc.

6.1.7. Report Generation:

Your profile shall enable you to generate condition report with photos/videos and other details regarding the condition of the property.

6.1.8. Deletion of a Property:

You may, if so desired, request our customer care team to delete a property posted by you. However, if the same is also connected to its owner, our team shall first mediate with the Owner and his decision regarding the same shall be final and binding upon you.

6.1.9. Message:

You may use messaging capability to communicate with an owner and tenant respective to the properties. This enables clear communication which would avoid conflicts.

6.1.10. Renewal :

Tenants of the properties who wish to renew the rental agreement will be able submit the renewal electronically which you as property manager can review to accept or reject the application.

6.2. Property Owner:

A Property Owner Account can be used by property owners in order to manage the properties they wish to display on the site. The features available under this Account are as follows:

6.2.1. Add Property:

As a property Owner you may add all the properties you have subscribed to for either buying or selling. You may choose your account in accordance to your needs and keep upgrading in order to manage more properties with advanced capabilities. You can modify the postings by adding the pictures and details which shall be available for all registered users.

6.2.2. Add Rent:

As a property owner, you can post your properties for rent. You may customize your posting with the rent amount, bond amount, availability of the property, etc.

6.2.3. Inspections:

As a property owner, you can also schedule inspections in two methods, namely a. Property Management Inspection and b. Rental Inspection. Under a. You can schedule inspection to check the condition of the property under development or rented property or property on sale and whereas under b. You can mention the specific date and time at which the interested parties can come and view the property for rental and apply online.

6.2.4. Review of Applications:

Registered users upon uploading the required documents are allowed to apply for a property on rent. As a property manager, you may review the same and revert online.

6.2.5. Review history of existing rented properties:

Registered users are able to attach and manage historical information about the properties such as condition reports, electricity bills, water bills, repair invoices etc.

6.2.6. Document Upload:

You may upload documents of importance pertaining to the listed properties. These may include rent agreement, maintenance bills, electricity bills, etc.

6.2.7. Deletion of a Property:

As the owner of a listing, you shall be allowed to delete the same upon leaving a request with our customer care team through email, contact us form or telephone.

6.2.8. Message:

You may use messaging capability to communicate with a property manager and tenant respective to the properties. This enables clear communication which would avoid conflicts.

6.2.9. Renewal :

Tenants of the properties who wish to renew the rental agreement will be able submit the renewal electronically which you as owner can review to accept or reject the application.

6.3. Tenant:

With a Tenant profile, you will be able to view all the properties available for rental on property360degree.com. You may customize the search results as per your requirements. Your profile will enable you to:

6.3.1. Application for Rent:

Registration as a tenant shall allow you to apply for properties available for rent. You can apply for rent online by providing the information of the people who are going to live in the property. Potential tenants must upload their Identity proof documents along with the application.

6.3.2. Follow Properties and Property Managers:

You can follow the properties and property managers to get the updates by providing your details including your name, email address and phone number. You shall and agree to get auto-notification whenever there are updates to the properties or updates from property manager. Profile Linking shall enable you to be linked with the properties rented by you using our site.

6.3.3. Document Upload:

Like all other users, you will be able to upload, view and delete the documents regarding the properties previously or currently rented out by you. Certain documents will be viewed by all the parties associated with the property.

6.3.4. View Details:

Your profile shall be enabled to view contact details of both the owner/s and the property manager (if any). Along with the same you shall be able to view various documents in read only mode i.e. rent agreement. You will be able to view the property condition report generated by owner or property manager.

6.3.5. Renew lease agreement:

Application will remind to renew your agreement when it approaches towards expiry. You will be able request renewal towards the expiry using the application. Your application may be accepted or reject by owner or property manager. We as a platform provider will not be able to assist in this matter.

6.3.6. Messaging:

You may use messaging capability to communicate with a property manager and owner respective to the properties. This enables clear communication which would avoid conflicts.

7. Payment Obligation:

7.1. Registration as a user is free and upon selection of a plan, you shall get a month’s trial with all the features. You may upgrade or downgrade your account at any given point of time. The charges/fees for the various Services offered by us have been clearly set forth in the Platform. It is clear that there are both paid services and free services offered through the website/app and it is upto you to select whether you require free or paid services.

7.2. The details of cancellation and refund is provided within the Cancellation and Refund Policy. There are specific services which are offered directly by third party vendors and our role in such cases is only to post the availability of such services on our website/app. We will not be and cannot be held liable in any way whatsoever for such services or the quality of such services. Any payments thus made to such third parties on your personal capacity shall be your own responsibility and refunds of such payments cannot be demanded from us.

8. Regulation Of Usage Of website/app:

8.1. You as a user of this website/app agree and undertake to not:-

a) Reverse engineer, or
b) Modify, or
c) Copy, or
d) Distribute, or
e) Transmit, or
f) Display, or
g) Perform, or
h) Reproduce, or
i) Publish, or
j) Sub-license, or
k) Create derivative works from, or l) Transfer, or
m) Sell any information or software obtained from the website/app.

8.2. You agree not to use the Platform (including, without limitation, any services you may obtain through your use of the Platform): a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; b) to stalk, harass, or harm another individual or organization; c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; d) to interfere with or disrupt the website/app or servers or networks connected to the website/app.

8.3. You also agree to not list properties that are fake, misleading and/or banned on the Platform. In the event where you post such products, you agree to indemnify us against any and all expenses incurred by us to delete such products, or to settle such disputes arisen because of the same, or any other event related.

8.4. You consent to not submit any descriptions, photographs, information including but not limited to financial or contact to the Platform unless you have received all the necessary rights whether in writing or orally and from the owner of such property or the power-of-attorney holder, including the photographer and/or copyright owner of any photographs, to publish and advertise the said property(s) on the website/app.

9. Terms specific for Property Manager and An owners:

Terms applicable to all Listings

9.1. When creating a Listing through the Platform you must (i) provide complete and accurate information (such as listing description, location, and other relevant details), (ii) disclose any deficiencies, restrictions and requirements that apply and (iii) provide any other pertinent information requested by Us. You are responsible for keeping your Listing information up-to-date at all times.

9.2. You are solely responsible for setting a price (including any Taxes if applicable) for your Listing ("Listing Fee").

9.3. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

9.4. Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Product/Services. We reserve the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

10. Terms specific for Tenants / End User:

10.1. You shall at the time of showing interest in the Listing, be aware of the Listing Fees and not cause the Builder and/or An owner or Property Manager any loss due to Your incapability to purchase/rent the Listed Product/Service.

10.2. As a Tenant, you agree to get the required documentation completed within the duration mentioned in the Listing description and to pay the owner/Property Manager in accordance to the Listing terms provided by the owner/Property Manager.

10.3. You also agree to abide by the Terms and Conditions of the Rent Agreement, whether online or offline.

10.4. You agree to indemnify Property360Degree in case of any loss or legal action taken against us due to your inability to abide to the agreement signed subsequent to viewing of the listing on our Platform.

11. Terms specific for Property Managers:

11.1. As a Property Manager, you agree to provide the promises services in a time bound manner and not cause any damage to the repute of the Platform.

11.2. You also agree to provide the requisite services to the End Users as sought and promised for before the initiation of the contract with either of the Stake holders.

11.3. You also agree to indemnify Property360Degree against any loss or legal action taken against us due to your inability to abide to the agreement signed subsequent to viewing of the listing on our Platform.

12. Termination Of Registration:

Without limiting any other remedies, we reserve the right to terminate your account at any given point of time if;

(a) You are found or suspected to have engaged in fraudulent activity in connection with the use of our services,

(b) We are of the opinion that you have breached these terms or any other legal document/s contained within the website/app or such other reasons as deemed fit by us, with or without assigning any reasons/evidence thereof.

13. Communication from us:

As part of the services offered to you, we may need to communicate with you via e-mail, phone, SMS or otherwise (see our Privacy Policy to learn more about communications). You hereby agree to receive such communications that are specific to your account and necessary for the normal functioning of the services, including one or more welcome e-mails that help inform new users about various features of the Services. By becoming a registered member of Property360degree and/or using the Services, you agree to receive certain communication from us from time to time. You hereby confirm that, you do not have any objection to receiving emails, messages (SMS or any other mode) calls from Property360degree, its group companies, affiliates and subsidiaries.

14. Information for Users/Service Providers:

Because certain areas of the Platform are designed to help users discover new rental or purchasing opportunities, you may browse some sections of the Platform for any apartment complex/building, even if you have not yet registered. However, you will not be able to read or post any reviews or ratings in these sections without having registered/rented/purchased through our Platform.

15. Intellectual Property Rights :

15.1. All logos, brands, trademarks and service marks ("Marks") appearing in the Platform are the properties either owned or used under license by Property360degree. All rights accruing from the same, wholly and solely vest with us. The access to this website/app does not confer upon you any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner, whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.

15.2. Property360degree respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India, where that Company is registered and also other countries, where the Platform is available in this respect. Property360degree shall respect the Intellectual Property Rights of the users as well as third parties. In a case where a User/s are found to be using website/app to infringe the Intellectual Property Rights of Property360degree or others, Property360degree will be free to terminate with immediate effect, the said User/s account forthwith without any notice to the user.

16. Disclaimer Of Warranties:

ALL INFORMATION AND SERVICES PROVIDED BY US THROUGH THE website/app ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROPERTY360DEGREE DOES NOT WARRANT THAT THE SERVICES OFFERED ARE FREE OF ERRORS OR MISTAKES. PROPERTY360DEGREE DOES NOT WARRANT OR REPRESENT THAT DEFECTS OR LIMITATIONS IN THE SERVICES WILL BE CORRECTED, NOR DO WE WARRANT OR REPRESENT THAT THE SERVICES SHALL BE AVAILABLE CONTINUOUSLY. CERTAIN UNCONTROLLABLE CIRCUMSTANCES MAY CAUSE THE SERVICES TO BE INTERRUPTED. WE PROVIDE NO REMEDIES FOR SUCH SERVICE INTERRUPTIONS. IN ADDITION, WE PROVIDE NO REMEDIES FOR ANY LOSS OF DATA RESULTING FROM USE OF THE SERVICES.

WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, HARDWARE, SOFTWARE OR ANY OTHER, DUE TO ACCESS, DOWNLOAD OR USAGE OF CONTENTS FROM THE PLATFORM. THE CONTENT OF THE PLATFORM MAY OR MAY NOT INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CONTENT IS FREQUENTLY UPDATED WITH REFERENCE TO IMPROVEMENTS AND CORRECTIONS WITHOUT NOTICE.

17. No Liability:

17.1. We provide a platform for sellers/an owners/property managers, etc. to display properties for sale or rent on our Platform. Unless explicitly stated in any part of the website/app, we are not involved in the actual transactions between buyers and sellers of any goods or services or any users posting any information/listings on the website/app.

17.2. We however, provide Property Management Services for which we may be held liable to a limited extent as discussed within this document. We absolutely have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items offered through the website/app. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchase of items they have committed to buy. In addition, note that there are risks of dealing with people acting under false pretense. We expect that you will use caution when using the website/app. You understand and agree that we do not guarantee the accuracy or legitimacy of any listing, leads, posting, information by other users. You further agree that we are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of the website/app or as a result of any sale, purchase of goods and services with other users of the website/app. Property360degree is not liable in any manner to any third party/User for any content/listing, posted by the Users on the website/app.

17.3. Property360degree reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the properties and/or other goods and services posted on any part of the website/app without prior notice.

18. Indemnification:

You agree to indemnify, defend and hold harmless Property360degree, its officers, directors, employees and agents from any claim, cost, expense, judgment or other loss incurred due to violation of the terms and conditions contained in this Terms by You.

19. Links To Third Party Sites :

The website/app may provide links to web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the website/app. You agree that Property360degree is not responsible for the availability/accuracy of content including but not limited to opinions, advice, statements and advertisements provided on third party web sites. You agree to bear all risks associated with the use of such content and for acting upon such content. You are requested to be informed about the terms and conditions and the privacy policies posted by respective websites. We are not responsible for any loss or damage of any sort You may incur from usage of contents of third party website/apps.

20. Taxes:

20.1. As a Property Manager, an Owner or User of the Platform you are solely responsible for determining your obligations to report, collect, remit or include any applicable direct or indirect tax. ("Taxes").

20.2. Tax regulations may require us to collect appropriate Tax information from Property Managers, Builders or An owners, or to withhold Taxes from payouts to Property Managers, Builders or An owners.

21. Dispute Resolution and Arbitration Agreement:

21.1. This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in India; or (ii) do not reside in India, but bring any claim against Us in India.

21.2. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Property360Degree each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact our customer service team by emailing or calling us. If after a good effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

21.3. Agreement to Arbitrate. You and Property360Degree mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the the Platform, the Host Services, or the Collective Content (collectively, "Disputes") will be settled by binding arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Property360Degree agree that the arbitrator will decide that issue.