Welcome to Property Nukkad (available at www.propertynukkad.com). These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (the “User”, “you”, or “your”) and Property Nukkad (“Company”, “we”, “us”, or “our”) governing your access to and use of our platform, services, and website.
By accessing, registering, or listing a property on Property Nukkad, you acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy. If you do not agree, you must immediately cease using the platform.
1. Eligibility & Acceptance of Terms
- Age and Capacity: You must be at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872 to use this platform.
- Acceptance: Your continued use of the platform—whether as a guest browsing listings or a registered user posting ads—constitutes explicit acceptance of these Terms.
2. Nature of Service & Intermediary Status
- IT Act Compliance:Property Nukkad operates solely as an “Intermediary” as defined under Section 2(1)(w) of the Information Technology Act, 2000. We provide a digital marketplace for users to post, search, and view real estate listings.
- Not a Broker or Party to Transactions:We do not own, sell, rent, or develop any of the properties listed on the platform.We are not a party to any negotiation, agreement, or transaction between property buyers, sellers, tenants, and landlords. Property Nukkad does not charge a brokerage fee on the final sale/rent amount unless specifically contracted otherwise in writing.
3. RERA Compliance & Statutory Disclaimers
The Real Estate (Regulation and Development) Act, 2016 (RERA) governs real estate transactions in India.
- For Buyers and Tenants:You are strongly advised to independently verify the legal title of the property, the physical condition, and the RERA registration status of the project on the respective State Government’s RERA website before making any financial commitment. Property Nukkad does not guarantee or endorse the RERA compliance of any listing.
- For Builders, Promoters, and Agents (Listers):By listing a property, you warrant that your listing complies with all local laws and RERA regulations.You are legally mandated to explicitly display your valid RERA Registration Number for applicable projects.We reserve the right to remove any listing immediately and without notice if found to be RERA non-compliant.
4. User Obligations & Conduct (IT Rules 2021)
In compliance with Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree not to host, display, upload, modify, publish, transmit, store, update, or share any information that:
- Belongs to another person and to which you do not have a legal right.
- Is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, or racially/ethnically objectionable.
- Infringes any patent, trademark, copyright, or other proprietary rights.
- Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading.
- Contains software viruses, computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the platform.
- Attempts to scrape data, run bots, or extract contact information for bulk marketing without our explicit written permission.
Property Nukkad reserves the right to terminate your account and remove your listings within 36 hours of actual knowledge of any such violation, in accordance with Indian law.
5. Telemarketing, DND Override & Communication
- Consent to Contact:By creating an account, posting an inquiry, or dropping a lead on Property Nukkad, you explicitly consent to be contacted by Property Nukkad, its employees, and our registered third-party real estate partners (builders, agents, and owners) via phone call, SMS, WhatsApp, and Email.
- TRAI Override:You acknowledge that this consent overrides any registration on the National Do Not Call Registry (NDNC) or Do Not Disturb (DND) list.Calls and messages initiated under this clause shall not be deemed as “Unsolicited Commercial Communication” under TRAI regulations.
6. Intellectual Property Rights
- Platform Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code on the website (excluding User Content) are owned by Property Nukkad and protected by Indian copyright and trademark laws.
- User Content License: By uploading property photos, descriptions, and data (“User Content”), you grant Property Nukkad a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute your content for the purpose of operating and promoting the platform. You warrant that you own the rights to the photos and text you upload.
7. Fees, Paid Services & Refund Policy
- Certain features, such as “Premium Listings,” “Featured Ads,” or “Agent Subscriptions,” may carry a fee. All fees are clearly stated at the point of checkout and are inclusive/exclusive of GST as indicated.
- Refunds: All payments made to Property Nukkad are non-refundable. If your paid listing is removed due to a violation of these Terms (e.g., uploading fake property photos or fraudulent information), no refund will be issued.
8. Limitation of Liability
- “As-Is” Basis:The platform is provided on an “as-is” and “as-available” basis.We make no warranties regarding the accuracy, completeness, or reliability of any property listings.
- No Liability for Loss:To the maximum extent permitted by Indian law, Property Nukkad, its directors, and employees shall not be liable for any direct, indirect, incidental, or consequential financial losses, property disputes, deposit forfeitures, or damages arising out of transactions initiated through our platform.Your dealings with third parties found on the platform are strictly at your own risk.
9. Indemnification
You agree to indemnify and hold harmless Property Nukkad, its affiliates, and employees from any claim, demand, damages, or legal expenses (including attorney’s fees) arising out of your breach of these Terms, your submission of fraudulent listings, or your violation of any third-party rights or applicable laws (including RERA).
10. Grievance Redressal Mechanism
In accordance with the IT (Intermediary Guidelines) Rules, 2021, and the Consumer Protection (E-Commerce) Rules, 2020, we have appointed a Grievance Officer to handle user complaints.
Grievance/Nodal Officer:VivekaRaizada
Email Address: Email- info@propertynukkad.com
Contact Number:7900216565
Office Address:Office No-2, H-53, Sector-63, Noida, UP
We will acknowledge all grievances within 24 hours and resolve them within 15 days of receipt.
11. Governing Law & Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of India.Any disputes arising out of or related to these Terms or your use of the website shall be subject to the exclusive jurisdiction of the competent courts located in NOIDA jurisdiction, India.
