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Term & Condition

Terms & Conditions

Terms and conditions outline the rules, rights, and responsibilities of users and service providers, ensuring clarity and protecting both parties in transactions and interactions.

 Effective Date: [01-01-2025]

1. Introduction

KiraayePe ("Platform"), operated by Techthastu Pvt Ltd (registered under the Companies Act, 2013), is an intermediary as defined under Section 2(1)(w) of the Information Technology Act, 2000. The Platform facilitates direct communication between residential property owners ("Owners") and prospective tenants ("Tenants"). By accessing or using the Platform, users agree to comply with these legally binding terms.

Key Clarifications:

  • The Platform acts solely as a communication channel and does not participate in, endorse, or guarantee transactions between Users.
  • KiraayePe is not a real estate broker, agent, or legal advisor and assumes no liability for User interactions.

2. Scope of Services

KiraayePe provides the following services:

  1. Free Listings for Residential Properties:
    1. Owners may list residential properties (apartments, houses, PG accommodations) free of charge.
    2. Listings must include accurate details (location, rent, amenities, images/videos).
  2. Tenant Access:
    1. Tenants can search, view listings, and initiate secure in-app chats with Owners.
    2. No fees are charged to Tenants for accessing or using the Platform.
  3. No Transactional Involvement:
    1. KiraayePe does not handle rental payments, document verification, or agreement drafting.
    2. All negotiations (rent, deposit, lease terms) occur directly between Users.
  4. Future Paid Services:
    1. Commercial property listings or premium subscriptions (e.g., for corporate spaces) may be introduced later under separate terms.

3. User Eligibility

  • Age & Competency:
    • Users must be at least 18 years old and legally competent to enter contracts under the Indian Contract Act, 1872.
    • Minors or legally incapacitated individuals are prohibited from using the Platform.
  • Owner Requirements:
    • Owners must own or have legal authority (e.g., power of attorney, leaseholder rights) to list the property.
    • False claims of ownership may result in legal action under Section 420 of the IPC (Fraud).
  • Tenant Requirements:
    • Tenants must provide accurate information (e.g., employment details) to Owners during negotiations.

4. Property Listings

  1. Owner Responsibilities:
    1. Accuracy: Listings must truthfully describe the property’s condition, amenities, and legal status.
    2. Compliance: Properties must comply with local municipal laws (e.g., occupancy certificates under RERA).
    3. Updates: Owners must promptly mark listings as "Rented" or remove them once leased.
  2. Platform Rights:
    1. Verification: KiraayePe may request ownership documents (e.g., sale deed, Aadhaar) for verification.
    2. Removal: Listings violating laws (e.g., discriminatory demands based on caste/religion under Article 15) or these terms will be removed without notice.
    3. No Endorsement: KiraayePe does not endorse or guarantee the legality, safety, or quality of any listing.

5. Tenant Responsibilities

  1. Due Diligence:
    1. Tenants must independently verify:
      1. Ownership/legal status of the property.
      2. Accuracy of rent, deposit, and amenities.
      3. Compliance with local rental laws (e.g., rent control acts).
    2. KiraayePe is not liable for discrepancies or fraud.
  2. Conduct:
    1. Use the chat feature respectfully; harassment, spamming, or abuse may lead to account termination.
    2. Contact details (phone/email) may be shared only after mutual consent via the Platform.

6. No Brokerage or Guarantees

  1. Zero Fees:
    1. KiraayePe charges no brokerage, commissions, or hidden fees for residential services.
  2. No Guarantees:
    1. Matches: The Platform does not guarantee successful Tenant-Owner matches.
    2. Property Condition: KiraayePe is not responsible for false claims about amenities, safety, or legality. (after Report we take Action)
    3. Fraud Prevention: While we use AI and manual audits, Users must exercise caution.

7. Data Usage & Privacy

  • Collection:
    • Personal data (e.g., name, phone, email) is collected as per our Privacy Policy.
    • Sensitive data (e.g., Aadhaar) is stored securely under SPDI Rules, 2011.
  • Sharing:
    • Contact details are shared only after mutual consent via the Platform’s chat system.
    • Users may opt out of non-essential communications.
    • Internal we can use information for New Features, Promotion or update.
  • Compliance:
    • We adhere to the IT Act, 2000 and the Digital Personal Data Protection Act, 2023 (once enacted).

8. Prohibited Activities

  1. Content Restrictions:
    1. Posting fake listings, commercial properties, or illegal content (e.g., discriminatory preferences).
    2. Sharing contact details before mutual consent to bypass the Platform.
  2. Security Violations:
    1. Reverse-engineering, hacking, or introducing malware into the Platform.
    2. Spamming Owners/Tenants with unsolicited offers.
  3. Consequences:
    1. Violations may result in account suspension, legal action, or reporting to law enforcement.

9. Dispute Resolution

  • User Responsibility:
    • All disputes (e.g., payment defaults, property condition) must be resolved directly between Users.
  • Platform Mediation:
    • KiraayePe may mediate at its sole discretion but bears no obligation or liability for outcomes.
  • Legal Jurisdiction: Disputes under these terms shall be subject to the courts of Dwarka, New Delhi, India.

10. Limitation of Liability

KiraayePe is not liable for:

  1. User Fraud: Misrepresentation by Owners (e.g., fake ownership) or Tenants (e.g., unpaid rent).
  2. Technical Issues: Data loss, downtime, or unauthorized access despite reasonable security measures.
  3. Indirect Damages: Loss of profits, mental distress, or reputational harm arising from Platform use.
  4. Third-Party Links: Content or services on external websites linked from the Platform.

11. Modifications

  • Updates: KiraayePe may modify these terms with 30 days’ notice dashboard alerts.
  • Acceptance: Continued use after changes constitutes acceptance. Users may terminate accounts if they disagree.
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