Terms and Conditions
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1. Introduction
Welcome to Vitalspace.in managed by (Vitalspace Management Pvt. Ltd.). By accessing or using the Platform, Users agree to be bound by these Terms and Conditions. The Platform acts as an online intermediary that facilitates connections between property owners, buyers, tenants, agents, and service providers for real estate-related activities.
2. Definitions
Unless the context otherwise requires, the following capitalized terms used in this Agreement shall have the meanings assigned to them hereunder. These definitions are intended to ensure clarity, avoid ambiguity, and establish the scope of rights and obligations between the Parties.
2.1. "User"
Means any person, whether an individual, company, firm, partnership, trust, association, or any other legal entity, who accesses, browses, registers on, or uses the Platform in any manner whatsoever. The term includes Subscribers, Advertisers, Browsers, and Visitors, and shall also include their respective successors, legal representatives, and permitted assigns. Any person interacting with the Platform, whether for hosting, publishing, listing, searching, transacting, or viewing information, shall be considered a "User".
2.2. "Subscriber"
Means a User who has registered on the Platform, either on a paid or free basis, and has been granted access to certain Services through a unique username and password. Such credentials may be created by the User or assigned by the Vitalspace.in (Vitalspace Management Pvt. Ltd.). The Subscriber is solely responsible for maintaining the confidentiality of login credentials and shall be the only authorized person to access the Services through such Account.
2.3. "Browser" / "Visitor"
Means any person who accesses or browses the Platform without registering or creating an Account and only views publicly accessible or unrestricted sections of the Platform. Such users are not entitled to access restricted features or Services that require authentication.
2.4. "Advertiser"
Means any User who uploads, posts, publishes, transmits, or otherwise makes available any content, including property listings, promotional material, or advertisements on the Platform, either directly or through the Services. This includes Users utilizing paid or free advertisement features such as listings, banners, or promotional campaigns.
2.5. "Account"
Means the account created by a User on the Platform upon successful registration and verification, enabling access to specific Services. The Account is personal to the User and shall not be transferred, shared, or assigned without prior authorization from the Vitalspace.in (Vitalspace Management Pvt. Ltd.).
2.6. "Agreement"
Means these Terms and Conditions, along with the Privacy Policy, application forms, service-specific terms, and any other policies, guidelines, or agreements entered into between the User and Vitalspace.in (Vitalspace Management Pvt. Ltd.). This Agreement constitutes a legal binding contract governing the relationship between the User and Vitalspace.in (Vitalspace Management Pvt. Ltd.).
2.7. "Platform" / "Website"
Means the website, mobile application, and any other digital interface owned, operated, or managed by the Vitalspace.in (Vitalspace Management Pvt. Ltd.), through which the Services are offered. This includes all subdomains, mobile applications, and associated technologies used to deliver the Services.
2.8. "Services"
Means all services made available by the Vitalspace.in (Vitalspace Management Pvt. Ltd.) through the Platform, including but not limited to:
- Providing an online marketplace for listing, advertising, and promoting properties for sale, rent, or lease
- Enabling Users to search, view, and access property-related information
- Facilitating communication and interaction between Users
- Providing advertising solutions such as featured listings, banners, and promotional campaigns
- Connecting Users with Third Party Service Providers for ancillary services
The Services are limited to acting as an intermediary platform and shall not be construed as Vitalspace.in (Vitalspace Management Pvt. Ltd.) acting as an agent, broker, or representative of any User unless expressly stated otherwise.
2.9. "Registration Data"
Means all information, details, and particulars submitted by the User at the time of registration or thereafter, including but not limited to name, contact details, email address, identification documents and any other information required for creating and maintaining the Account.
2.10. "User Information"
Means all data, information, and content provided, uploaded, shared, or transmitted by the User on or through the Platform, including Registration Data, Personal Information, preferences, communications, and any other material submitted in connection with the use of the Services.
2.11. "Personal Information"
Means any information that relates to an identified or identifiable User, including but not limited to identity documents (such as Aadhaar, PAN), contact details, or any other sensitive personal data as defined under applicable laws.
2.12. "Confidential Information"
Means any and all non-public, proprietary, technical, financial, commercial, or business-related information disclosed by the Vitalspace.in (Vitalspace Management Pvt. Ltd.) or any User, whether in written, oral, electronic, or any other form. This includes pricing details, customer data, and any information designated as confidential or which, by its nature, ought reasonably to be considered confidential.
2.13. "Content"
Means all data, text, images, graphics, audio, video, property listings, advertisements, and any other material or information made available on or through the Platform, whether provided by the Vitalspace.in (Vitalspace Management Pvt. Ltd.), Users, or third parties.
2.14. "Intellectual Property"
Means all intangible property rights including but not limited to inventions, designs, trademarks, copyrights, patents, trade secrets, know-how, software, databases, and proprietary information owned or licensed by the Vitalspace.in (Vitalspace Management Pvt. Ltd.).
2.15. "Intellectual Property Rights"
Means all rights, title, and interest in Intellectual Property, whether registered or unregistered, including rights under applicable laws relating to patents, trademarks, copyrights, and any other similar rights, along with all applications, renewals, and extensions thereof.
2.16. "Applicable Law"
Means any statute, law, regulation, rule, ordinance, judgment, order, or directive issued by any legislative, judicial, or regulatory authority having jurisdiction over the subject matter of this Agreement.
2.17. "Government Authority"
Means any national, state, or local government, regulatory body, administrative authority, court, tribunal, or any other entity exercising governmental or statutory powers.
2.18. "Broker"
Means any person or entity acting as an intermediary in real estate transactions, including sale, purchase, lease, or rental of property, for a fee, commission, or other consideration, and includes real estate agents as defined under the Real Estate (Regulation and Development) Act, 2016.
2.19. "Third Party Service Provider"
Means any independent third party engaged by Vitalspace.in (Vitalspace Management Pvt. Ltd.) to provide additional or ancillary services to Users, including but not limited to verification agencies, packers and movers, or financial service providers.
2.20. "Unauthorized User"
Means any person who accesses or attempts to access the Platform or Services without proper authorization or without having a legal or contractual right to do so, but shall nonetheless be bound by the provisions of this Agreement.
2.21. "Prohibited Conduct"
Means any act or omission by a User that violates this Agreement or Applicable Law, including but not limited to unauthorized access, misuse the Platform, infringement of intellectual property, transmission of unlawful or harmful content, or any activity that disrupts the functioning of the Services.
2.22. "Computer Virus"
Means any malicious code, program, or software designed to disrupt, damage, or gain unauthorized access to computer systems, data, or networks.
2.23. "RERA"
Means the Real Estate (Regulation and Development) Act, 2016, including any amendments, rules, or regulations made thereunder.
3. Interpretation
3.1. Unless the context otherwise requires, any reference to applicable laws or statutes shall include such laws as amended, modified, or re-enacted from time to time along with any subordinate legislation made under them;
3.2. Any references to a person shall include individuals, companies, partnerships, trusts, governmental authorities, and any other legal entities, along with their respective successors, legal representatives, and permitted assignee;
3.3. Any words used in the singular shall include the plural and vice versa, and words importing any gender shall include all genders, headings and titles used in this Agreement are for convenience only and shall not affect the interpretation of the provisions; and general words such as "including," "other," or "otherwise" shall not be interpreted as limiting the scope of the words preceding them but shall be construed in their widest sense.
4. Acceptance of Terms
4.1. By accessing, using, or subscribing to the Services provided on this Platform, the User acknowledges that they have read, understood, and accepted these Terms and Conditions as a whole.
4.2. The Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right to modify, update, or revise these Terms at any time, and such changes become effective immediately upon posting on the Platform.
4.3. The User agrees and undertakes to be bound by the terms of this Agreement each time the User accesses, browses, or uses the Platform, or completes the registration process.
4.4. The User represents and warrants that they are at least eighteen (18) years of age and possess the legal capacity to enter into, perform, and adhere to this Agreement. Users below the age of eighteen (18) may access or use the Platform or Services only under the supervision, guidance, or with the prior consent of their parent or legal guardian. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be responsible or liable for verifying the age or legal capacity of any User.
5. Registration / Use of the Platform
5.1. Users may access the Platform for preliminary browsing without the need to create an Account.
5.2. To access specific information or avail certain Services, the User must provide accurate User Information, upload relevant verification documents, and create an Account on the Platform.
5.3. Users agrees and undertakes to provide true, accurate, current, and complete information during the registration process and to update and maintain such information from time to time to ensure its accuracy and completeness.
5.4. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall verify the Account by requesting a one-time password (OTP) from the User. Each mobile number can be used only once to create an Account. Users are strictly prohibited from creating multiple Accounts.
5.5. Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right to verify and detect multiple Accounts and take any necessary action to prevent misuse.
5.6. The User agrees to cooperate with Vitalspace.in (Vitalspace Management Pvt. Ltd.) personnel for any assistance or verification required to access the Platform and its Services.
6. Unauthorized Access
6.1. The User shall be solely responsible for maintaining the confidentiality and security of their Account credentials, including username, password, and any other login details, and shall be liable for all activities conducted through such Account.
6.2. The User agrees to immediately notify Vitalspace.in (Vitalspace Management Pvt. Ltd.) upon becoming aware of any unauthorized access to, or misuse of, their Account or any other breach of security relating to the Platform.
6.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) may, upon receipt of such notification, take such actions as it deems appropriate, including suspension or termination of the Account. However, Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be liable for any loss, damage, or consequences arising from any unauthorized access or use of the Account, including any delay or failure by the User in reporting such breach.
6.4. The User is advised to periodically update and safeguard their Account credentials to ensure the continued security and integrity of their Account and User Information.
7. Listing and Contents
7.1. Listing Content and Rectification
7.1.1. All property listings, descriptions, images, audio-visual materials, and related content (collectively referred to as "Content") are provided, uploaded, or published by Users and are intended solely for informational and marketing purposes.
7.1.2. The User represents and warrants that they have obtained all necessary rights, permissions, and authorizations, including from the property owner, lawful occupier, or authorized representative, and any copyright holder of images or media, prior to submitting or publishing any Content on the Platform. The User further undertakes that all such Content shall be true, accurate, complete, and not misleading in any manner.
7.1.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not exercise editorial control over such Content and does not independently verify, endorse, or guarantee the accuracy, authenticity, legality, or completeness of any listing or information made available on the Platform.
7.1.4. The User agrees to disclose all material information in relation to the property, including but not limited to title, ownership, possession, encumbrances, approvals, dimensions, and compliance with Applicable Law, including RERA, and shall ensure that all listings are in full compliance with applicable legal and regulatory requirements.
7.1.5. Vitalspace.in (Vitalspace Management Pvt. Ltd.) may, at its sole discretion, require the User to furnish supporting documents to substantiate the accuracy or legality of any listing or Content and reserves the right to remove, suspend, or modify such Content in the absence of satisfactory verification.
7.1.6. By submitting Content on the Platform, the User grants Vitalspace.in (Vitalspace Management Pvt. Ltd.) a non-exclusive, display, reproduce, modify, adapt, publish, and promote such Content for the purpose of operating, marketing, and improving the Platform and its Services.
7.1.7. The User agrees that listings or any part thereof may be searchable, displayed, accessed, downloaded, or shared by other Users of the Platform, and Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall have the right to determine the manner, format, and placement of such listings.
7.1.8. In the event that any inaccuracy, discrepancy, or inappropriate or unlawful Content is identified by any User, such User may report the same through the Platform, and Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right, at its sole discretion, to review, verify, rectify, modify, suspend, or remove such Content in accordance with its internal policies and Applicable Law.
7.2. Prohibited Content and User Conduct
7.2.1. The User agrees and undertakes not to upload, post, transmit, or otherwise make available any Content that:
- (a) is false, misleading, unlawful, defamatory, obscene, harmful, or in violation of Applicable Law;
- (b) infringes any Intellectual Property Rights or other proprietary rights of any third party; or
- (c) contains viruses, malware, or any harmful code intended to disrupt or damage the Platform or its Users.
7.2.2. The User shall not:
- (a) attempt unauthorized access to the Platform or impersonate any other person or entity;
- (b) interfere with or disrupt the integrity, security, or performance of the Platform or Services; or
- (c) use the Platform for any fraudulent, illegal, or unauthorized purpose.
7.2.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right, without obligation, to monitor, review, or remove any Content that violates this Agreement or Applicable Law and to take appropriate action, including suspension or termination of the User's Account.
7.3. Content Moderation
7.3.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) may employ automated tools, including artificial intelligence-based systems, and/or human moderation mechanisms to identify, review, and manage Content on the Platform for compliance with this Agreement and Applicable Law.
7.3.2. Such moderation processes may result in the approval, rejection, modification, or escalation of Content for further review; however, Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not guarantee the accuracy, completeness, or reliability of such moderation systems.
7.3.3. Users acknowledge that any reliance on Content available on the Platform shall be at their sole risk, and they are advised to independently verify all property-related information, including title, ownership, and legality, prior to entering into any transaction.
7.4. Ownership Verification and Confidentiality
7.4.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) may, at its discretion, require Users to submit proof of ownership or other supporting documents at the time of listing a property for the purposes of verification. Such documents are collected and maintained in good faith and are intended solely for internal verification processes.
7.4.2. Vitalspace.in (Vitalspace Management Pvt. Ltd.) undertakes to maintain reasonable confidentiality of such documents and shall not disclose them except as required under applicable law. However, it is clarified that Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not guarantee the authenticity, legality, or validity of such documents.
7.5. Limited Scope of Verification
7.5.1. Any verification carried out by the Vitalspace.in (Vitalspace Management Pvt. Ltd.) is limited in scope and may include basic checks with regards to photographs and location details only.
7.5.2. Any verification on the website/platform shall not be construed as legal validation or confirmation of ownership, title, or accuracy of any listing. Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not conduct legal due diligence, title verification, or ownership authentication. The ownership and title of the property remain the sole responsibility and liability of the User posting such listing.
7.6. User Responsibility and Verification
7.6.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) strongly advises the Users to independently verify the accuracy, authenticity, and reliability of all information, including property details, ownership, title, pricing, and specifications prior to entering into any transaction.
7.6.2. Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not endorse any listing or User-generated content and shall not be responsible or liable for any misrepresentation, fraud, or inaccuracy.
7.6.3. All Users acknowledge that any access and use of such information and services shall be at their own discretion and risk.
8. Disclaimer and Limitation of Liability
8.1. Intermediary Status
8.1.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) operates as an intermediary within the meaning of applicable laws, including the Information Technology Act, 2000, and provides an online platform for the listing, display, and discovery of real estate properties.
8.1.2. The platform Vitalspace.in managed by Vitalspace Management Pvt. Ltd., is not a broker, agent, or representative of any User and is not a party to any transaction between Buyers, Sellers, or Third parties. All dealings, negotiations, and transactions are carried out directly between Users at their own discretion, risk, and responsibility.
8.2. No Warranty and "As Is" and "As Available" Basis
8.2.1. The content, services, listings, and materials available on the platform are provided on an "as is" and "as available" basis, without warranties or representations of any kind, whether express or implied.
8.2.2. Vitalspace.in (Vitalspace Management Pvt. Ltd.) expressly disclaims all warranties including but not limited to implied warranties of merchantability, non-infringement of third-party rights, accuracy, authenticity, or reliability of information, and freedom from malware or viruses from the website/platform.
8.3. Representation Disclaimer
8.3.1. All prices, rates, measurements, and property-related details on the platform are approximate, indicative, and based on information provided by Users, and may change without notice. Such information is provided solely for informative purposes.
8.3.2. The information displayed does not constitute a binding offer, invitation, or recommendation by the Vitalspace.in (Vitalspace Management Pvt. Ltd.), and Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not guarantee its authenticity or accuracy.
8.3.3. The final transaction terms, including pricing and other conditions, are subject to independent negotiation between the parties without any involvement of Vitalspace.in (Vitalspace Management Pvt. Ltd.).
8.3.4. Images and visuals are for representative purposes only and may not reflect the actual condition or features of the property, Users are advised to verify the same independently.
8.4. No Guarantee of Conversion
8.4.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not guarantee any response, inquiry, lead generation, or successful transaction arising from any listing or advertisement displayed on the website/platform.
8.4.2. Any payments of subscription with regards to plans/package made to the Vitalspace.in (Vitalspace Management Pvt. Ltd.) are solely for the purpose of providing visibility, presence, and duration of listings on the website/platform and do not assure any outcome or conversion.
8.5. Technical Risks
8.5.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be responsible or liable for any technical malfunction, interruption, delay, data corruption, unauthorized access, hacking, virus transmission, or failure of systems, servers, or communication networks.
8.5.2. The platform may be temporarily unavailable due to maintenance, upgrades, or technical issues, and Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be liable for any consequences arising thereof.
8.5.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third Party on the website/platform. These third parties may permit the User to opt out of tailored advertisement at any time, however, to the extent advertising technology is integrated into the Service, the User may still receive advertisements and related updates even if they choose to opt out of tailored advertising. Vitalspace.in (Vitalspace Management Pvt. Ltd.) assumes no responsibility or liability whatsoever for the User's receipt or use of such tailored advertisements.
8.6. Limitation of Liability
8.6.1. Notwithstanding anything to the contrary contained herein and to the extent permitted under applicable law, Vitalspace.in (Vitalspace Management Pvt. Ltd.), its directors, officers, employees, agents, and affiliates shall not be responsible or liable whatsoever for any direct, indirect, incidental, special, consequential, or exemplary damages whatsoever, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the use of, inability to use, or reliance upon the platform, its content, or any transactions entered into between Users.
8.6.2. Notwithstanding anything contained herein, the total liability of Vitalspace.in (Vitalspace Management Pvt. Ltd.) under this Agreement shall not exceed the amount paid by the User for the Services.
8.7. No Professional or Investment Advice
8.7.1. Nothing contained on the website/platform shall be construed as legal, financial, or real estate advice, or as an offer or solicitation to invest. Users are advised to conduct independent enquiries and seek professional advice before making any decisions. Real estate transactions involve inherent risks, and Users undertake such transactions at their own discretion.
9. Privacy Policies
9.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) respects the privacy of its Users and is committed to protecting and safeguarding all Personal Information and User Information in accordance with its Privacy Policy, which forms an integral part of this Agreement. Users are encouraged to review the Privacy Policy available on the Platform to understand the manner in which their information is collected, used, stored, and processed.
9.2. The User acknowledges and agrees that any information, including Personal Information, property details, contact information, and other data voluntarily provided by the User on or through the Platform, may be collected, stored, processed, and used by Vitalspace.in (Vitalspace Management Pvt. Ltd.) for the purpose of providing Services, facilitating property-related interactions, marketing, and improving the Platform. The User further consents to such information being shared with other Users, Advertisers, or Third-Party Service Providers for legitimate business purposes, and understands that Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be responsible for the use of such information by such third parties.
9.3. By accessing or using the Platform, the User expressly consents to being contacted by Vitalspace.in (Vitalspace Management Pvt. Ltd.), its representatives, or associated third parties via calls, messages, email, or other communication modes for purposes related to the Services or relevant offerings.
9.4. The User acknowledges that any information or content made publicly available on the Platform, including profile details or listings, may be accessed, used, or shared by other Users or third parties, and Vitalspace.in (Vitalspace Management Pvt. Ltd.) does not control or assume responsibility for such use. Users are advised not to share any sensitive information that they do not wish to make public.
9.5. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall take reasonable technical and organizational measures to protect User Information from unauthorized access, misuse, or disclosure. However, the Platform does not guarantee absolute security, and the User acknowledges that transmission of information over the internet involves inherent risks.
9.6. Any feedback, suggestions, or communications provided by the User to Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall be deemed non-confidential, and the Company shall be free to use such information without any restriction or obligation to compensate the User.
10. Subscription Plans
10.1. User's intending to list, advertise, or avail any Services on the Platform shall be required to select and subscribe to a valid subscription plan or package, as may be made available by Vitalspace.in (Vitalspace Management Pvt. Ltd.) from time to time. The features, duration, and scope of Services shall be governed strictly by the terms of the selected plan.
10.2. All listings and Services shall be provided strictly in accordance with the subscription plan or package selected by the User. Upon expiry of the applicable plan or package, all associated Services, including but not limited to listing visibility, promotional benefits, and access to features, shall automatically cease unless renewed by the User.
10.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be responsible or liable for any loss, missed opportunity, reduction in visibility, or any other consequence arising due to the expiry or non-renewal of the subscription plan.
11. Payment Terms and Unauthorized Transactions
11.1. All Payments for subscriptions or services shall be made only via. cheque or authorized online bank transfer in the name of Vitalspace.in (Vitalspace Management Pvt. Ltd.).
11.2. Vitalspace.in (Vitalspace Management Pvt. Ltd.) hereby clarifies that no employee, agent, or representative of Vitalspace.in (Vitalspace Management Pvt. Ltd.) is authorized to accept payments in cash, personal bank accounts, or personal UPI payment services.
11.3. Any payment made contrary to this clause shall be at the sole risk of the User, and Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be responsible or liable whatsoever for any loss, fraud, or misappropriation arising from such transactions.
11.4. Any payment made by Users to third parties in relation to any listing or property shall be at the sole responsibility of such Users. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be responsible or liable whatsoever for any loss, fraud, or misappropriation arising from such transactions.
11.5. All payments made towards subscription plans or services are non-refundable and non-transferable, unless expressly stated otherwise.
12. Account Suspension, Restriction and Termination
12.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right, at its sole discretion, to suspend, restrict, or terminate access to the website/platform, in whole or in part, immediately and without prior notice, if a User:
- violates any provision of this Disclaimer or the platform's Terms of Use;
- engages in illegal, fraudulent, deceptive, or unauthorized activities;
- posts inaccurate, misleading, or prohibited content;
- interferes with or disrupts the operation of the platform, servers, or network;
- misuses payment systems or attempts unauthorized transactions; or
- otherwise acts in a manner detrimental to the interests, reputation, or operations of Vitalspace.in (Vitalspace Management Pvt. Ltd.).
12.2. Upon suspension or termination, the User shall not be entitled to any refund of subscription fees, listing charges, or payments made for services.
12.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right, at its sole discretion, and without any obligation to provide prior notice, to remove, suspend or disable access to any content or listing posted by a User in connection with, or as a result of the Suspension or Termination of such users access to the platform.
12.4. Users acknowledge and agree that the decision of Vitalspace.in (Vitalspace Management Pvt. Ltd.) to suspend or terminate accounts shall be final, and shall not be obligated to provide any reasons or enter into any correspondence regarding such action, except as required by applicable law.
13. Intellectual Property Rights
13.1. All content, including but not limited to text, design, layout, graphics, logos, software, and other materials on the platform, are the exclusive property of Vitalspace.in (Vitalspace Management Pvt. Ltd.) and are protected under applicable intellectual property laws. Unauthorized use, reproduction, or distribution of such content is strictly prohibited.
13.2. All third-party trademarks, logos, service marks, trade names, and other intellectual property or proprietary rights referenced, displayed, or used on this website are, and shall remain, the exclusive property of their respective owners. Any such third-party marks or content are used for identification, reference, or informational purposes only, and their use does not imply any affiliation with, sponsorship by, or endorsement from the respective trademark or rights owners, unless expressly stated otherwise.
14. Force Majeure
14.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be liable for any failure or delay in performance due to events beyond its reasonable control, including but not limited to acts of god, natural disasters, government actions, war, civil unrest, strikes, technical failures, or disruptions in communication systems.
15. Indemnity
15.1. The User hereby agrees to indemnify, defend, and hold harmless Vitalspace.in (Vitalspace Management Pvt. Ltd.), its directors, officers, employees, representatives, and affiliates from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses, including reasonable legal fees and disbursements, arising out of or in connection with:
- (a) any breach or non-compliance with the provisions of this Agreement by the User;
- (b) any misuse or unauthorized use of the Platform or Services;
- (c) any violation of Applicable Law, including but not limited to the provisions of RERA;
- (d) any infringement of Intellectual Property Rights or other rights of any third party;
- (e) any inaccurate, false, misleading, or unlawful Content or User Information provided by the User; or
- (f) any disputes, transactions, or interactions between Users, including but not limited to buyers, sellers, tenants, Brokers, or Third Party Service Providers.
15.2. The obligations contained in this Clause shall survive the termination or expiry of this Agreement.
16. Waiver and Severability
16.1. No failure, delay, or omission by Vitalspace.in (Vitalspace Management Pvt. Ltd.) in exercising any right, power, or remedy under this Agreement shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise thereof preclude any further exercise of the same or any other right, power, or remedy available under Applicable Law.
16.2. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, in whole or in part, by any court or Government Authority of competent jurisdiction, such provision shall, to the extent of such invalidity or unenforceability, be severed from this Agreement, and the remaining provisions shall continue to remain valid, binding, and enforceable.
16.3. Any provision so declared invalid or unenforceable shall be interpreted or modified, to the extent permissible under Applicable Law, in a manner that most closely reflects the original intent and commercial purpose of Vitalspace.in (Vitalspace Management Pvt. Ltd.) while drafting such provision.
17. Notice
17.1. Any Notices or other communication required or permitted hereunder, including those regarding modifications to these terms, will be in writing and given by Vitalspace.in (Vitalspace Management Pvt. Ltd.) via info@vitalspace.in posted on the Platform or by other means as may be determined by Vitalspace.in (Vitalspace Management Pvt. Ltd.).
18. Governing Laws and Jurisdiction
18.1. Any action, claim, dispute or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (Dispute) shall be governed by and construed in accordance with the laws of India and the courts in Ahmedabad shall have exclusive jurisdiction over Disputes arising out of this Agreement. Notwithstanding anything contained herein, Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall not be restricted or withheld from instituting proceedings in courts/ tribunals of any jurisdiction other than Ahmedabad that it may in its sole discretion deem appropriate and convenient.
19. User Grievances and Redressal Mechanism
19.1. In compliance with Applicable Law, including the provisions of the Information Technology Act, 2000 and rules made thereunder, Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall designate a Grievance Officer for the purpose of addressing User complaints and grievances.
19.2. Users may raise complaints in relation to, including but not limited to:
- (a) misuse or unauthorized use of the Platform;
- (b) fraudulent, misleading, or prohibited listings;
- (c) breach of Terms and Conditions;
- (d) unauthorized use or disclosure of Personal Information; or
- (e) any other matter relating to the Services.
19.3. The Vitalspace.in (Vitalspace Management Pvt. Ltd.) shall acknowledge and endeavor to resolve such complaints within such time as may be prescribed under Applicable Law.
19.4. The details of the Grievance Officer, including contact information, shall be made available on the Platform.
20. Amendment
20.1. Vitalspace.in (Vitalspace Management Pvt. Ltd.) reserves the right, at its sole discretion, to amend, modify, update, or revise these Terms and Conditions, in whole or in part, at any time, to reflect changes in Applicable Law, business practices, Services, or for any other operational, legal, or regulatory reasons.
20.2. Any such amendments, modifications, or updates shall be effective immediately upon being published or made available on the Platform, unless a later effective date is expressly specified.
20.3. Vitalspace.in (Vitalspace Management Pvt. Ltd.) may, but shall not be obligated to, notify Users of such changes through email, notifications on the Platform, or other appropriate means; however, it shall be the responsibility of the User to periodically review these Terms and Conditions to remain informed of any updates.
21. User Acknowledgment
21.1. The User's acknowledge that they have read, understood, and agreed to this Disclaimer and that they shall use the platform at their own risk, undertake independent due diligence, and accept that Vitalspace.in (Vitalspace Management Pvt. Ltd.) is merely a facilitator and shall not be responsible or liable whatsoever for any transaction, outcome, or dispute.
21.2. The Users acknowledge and agree that Vitalspace.in (Vitalspace Management Pvt. Ltd.), and/or its employees, agents, or authorized representatives, may contact them from time to time for purposes including but not limited to verification of information, promotional notifications, property offers, property-related information, and market updates, through modes of communication such as email, whatsapp, or other registered contact details provided by the Users. The Users further consent to receive such communications and agree that such contact shall not be deemed unsolicited or a violation of any privacy regulations.