These Terms of Use (“Terms”) govern your access to and use of this website and the services offered through it by Shubh Laabh Propmart Private Limited, a company incorporated under the Companies Act, with its primary office at 41, NRI City Centre Rd, NRI City, Omega II, Greater Noida, Uttar Pradesh 201308 (“we”, “us”, “our”). By accessing the website, browsing listings or submitting any form, you agree to be bound by these Terms, our Privacy Policy and our Disclaimer. If you do not agree, please do not use the website.
Eligibility
You may use this website only if you are at least 18 years of age and competent to contract under the Indian Contract Act, 1872. If you use the website on behalf of a company, firm or other person, you confirm that you are authorised to bind them to these Terms.
Our Role
- We are a property consultant and real estate agent that facilitates the purchase, sale and lease of resale residential, commercial and industrial property and land. Unless expressly stated in writing, we are not the owner, developer or promoter of any property shown on the website.
- Any agreement to sell, sale deed, lease deed or other contract is made directly between the buyer and the seller (or lessee and lessor). We are not a party to that contract and do not guarantee its performance, the title of the property, or any payment between the parties.
- Our registration as a real estate agent under the Real Estate (Regulation and Development) Act, 2016 (“RERA”) with the Uttar Pradesh Real Estate Regulatory Authority, where applicable: details available on request.
- Where we act as a channel partner for a developer’s new project, the project’s own RERA registration number will be stated in the relevant communication. You should verify it on the website of the relevant State RERA before making any payment.
Listings and Information
- Each listing describes one specific resale unit or plot. Details such as price, area, floor, facing, condition, occupancy, amenities, photographs and availability are provided by or on behalf of the property owner and are published for general information only.
- We take reasonable care to keep listings accurate and record when availability was last confirmed with the owner, but we do not warrant that any listing is complete, current, error-free or still available.
- Areas may be stated on a carpet, built-up, super built-up or plot basis, as indicated on each listing. Figures may differ from the registered documents; the area stated in the registered sale deed or lease deed shall prevail.
- Photographs, floor plans, site plans and illustrations may be indicative and are not to scale. Furniture, fittings and décor shown may not form part of the sale.
- Nothing on the website constitutes an offer, invitation to offer, commitment or allotment, and nothing on it forms part of any contract.
Prices, Charges and Taxes
- Prices shown are the owner’s asking price and are indicative and negotiable unless marked otherwise. They may change without notice.
- Unless expressly stated, prices exclude stamp duty, registration fees, transfer or mutation charges levied by the development authority or society, GST (where applicable), maintenance deposits, pending dues, preferential location charges, club or parking charges, legal fees, loan processing charges and our brokerage.
- Stamp duty and registration charges are governed by the law of the State where the property is situated and are payable by the party responsible under that law and the agreement between the parties.
Buyer’s Due Diligence
You are solely responsible for verifying a property before making any payment or signing any document. Before you commit, you should independently verify, with the assistance of a qualified advocate where appropriate:
- the seller’s title and the complete chain of title documents, and that the seller is legally entitled to sell;
- an encumbrance certificate and that the property is free from mortgage, lien, litigation, attachment or third-party claims;
- the sanctioned building plan, completion or occupancy certificate and other approvals, and that the construction conforms to them;
- for authority leasehold property (for example, in Noida, Greater Noida or along the Yamuna Expressway), the lease terms, transfer permission and transfer charges payable to the authority;
- clearance of property tax, maintenance, electricity, water and society dues, and any no-objection certificate required from the society, bank or authority; and
- the physical condition, boundaries and actual area of the property.
Any assistance we provide with documents is facilitative only and is not a substitute for independent legal advice.
Seller’s Obligations
- If you submit a property to us, you confirm that you are its lawful owner or are duly authorised by every owner, and that the information, photographs and documents you share are true, complete and not misleading.
- You must disclose any mortgage, loan, dispute, tenancy, pending dues, unauthorised construction or other fact that may affect the sale or its value.
- Nothing about your property is published without your confirmation. We may decline, suspend or remove any listing at our discretion, including where information cannot be verified.
- You are responsible for any taxes arising on the sale or lease, including capital gains tax and tax deducted at source as required by law.
Brokerage and Fees
- Browsing the website and sending enquiries is free of charge.
- Our brokerage or consultancy fee is payable only if it has been agreed with you in writing (including by email or WhatsApp) before the relevant service, and it becomes due as set out in that agreement. GST is charged extra as applicable.
- If a buyer or tenant introduced by us, or any person acting for them, concludes a transaction for the introduced property directly or through another party, the agreed brokerage remains payable.
- We issue a proper tax invoice for every fee we receive.
Payments and Fraud Prevention
- We will never ask you to pay token, booking or advance money for a property into the personal account of any employee or agent. Payments towards the purchase price are made only to the seller’s own bank account, by banking channels, after title and identity have been verified.
- Cash transactions are restricted by law. Under the Income-tax Act, cash of ₹20,000 or more may not be accepted in connection with a transfer of immovable property, and cash of ₹2,00,000 or more may not be received in a single transaction. We do not facilitate unaccounted or benami transactions.
- Always confirm payment instructions directly with us using the official numbers on this website. If you receive a suspicious request in our name, please report it to us immediately.
- We may require identity documents and information about the source of funds where required under the Prevention of Money Laundering Act, 2002 or other applicable law.
Communications
By submitting a form, you consent to be contacted by us by phone call, WhatsApp, SMS or email in relation to your request and related property options, including where your number is registered on the National Customer Preference Register (DND). You may withdraw this consent at any time as described in our Privacy Policy.
Acceptable Use
You agree not to:
- submit false, misleading, fraudulent or spam enquiries or listings, or impersonate any person;
- submit a property you are not authorised to sell or lease;
- contact owners listed through us in order to avoid our agreed brokerage;
- scrape, copy, crawl or harvest listings, maps, photographs or contact details by automated or manual means for any commercial purpose;
- attempt to gain unauthorised access to the admin area, private data or other users’ information, or interfere with the website’s security or operation; or
- use the website for any purpose that is unlawful or prohibited by these Terms.
Intellectual Property
The website’s design, text, logos, photographs taken by us, graphics, listing compilations and software belong to Shubh Laabh Propmart Private Limited or its licensors and are protected by the Copyright Act, 1957 and the Trade Marks Act, 1999. You may view and share pages for your personal, non-commercial use only. You may not reproduce, republish, frame or commercially exploit any content without our prior written permission. Developer names, project names and logos are the property of their respective owners and are used for identification only. Maps are provided for your personal reference only.
Third-Party Links and Services
The website may link to third-party services such as WhatsApp, Google Maps, authority and RERA websites, and banks. We do not control and are not responsible for their content, availability, accuracy or privacy practices.
Disclaimer of Warranties
The website, its content and its tools are provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including as to accuracy, completeness, availability or fitness for a particular purpose. Please read our Disclaimer, which forms part of these Terms.
Limitation of Liability
To the fullest extent permitted by law, we, our directors, employees and agents shall not be liable for any indirect, incidental, special or consequential loss, or any loss of profit, opportunity or data, arising from your use of the website, your reliance on any information on it, any transaction between buyers and sellers, or any act or omission of a buyer, seller, developer, lender or authority. Our total liability for any claim relating to our services shall not exceed the brokerage or fee actually received by us for the specific service giving rise to the claim. Nothing in these Terms limits any liability that cannot be limited under applicable law.
Indemnity
You agree to indemnify and hold harmless Shubh Laabh Propmart Private Limited, its directors, employees and agents from any claim, loss, liability or expense (including reasonable legal fees) arising from your breach of these Terms, any information you submit, or your dealings with any other party.
Suspension and Termination
We may suspend or restrict your access to the website, decline any enquiry or listing, or end any engagement without notice if we reasonably believe that you have breached these Terms or applicable law, or have acted fraudulently.
Force Majeure
We shall not be responsible for any delay or failure caused by events beyond our reasonable control, including natural calamities, epidemics, government or authority orders, changes in law, strikes, network or hosting failures, or cyber attacks.
Governing Law and Disputes
These Terms are governed by the laws of India. The parties shall first attempt to resolve any dispute amicably within thirty (30) days of written notice. Failing that, the dispute shall be referred to arbitration by a sole arbitrator appointed by mutual consent under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Greater Noida, Uttar Pradesh, and the proceedings shall be conducted in English. Subject to the foregoing, the courts at Gautam Buddh Nagar, Uttar Pradesh shall have exclusive jurisdiction. Nothing in this clause limits any right you may have under the Consumer Protection Act, 2019 or before the RERA authority.
General
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force. Our failure to enforce any right shall not be a waiver of it. These Terms, together with the Privacy Policy, the Disclaimer and any written brokerage agreement, form the entire agreement between you and us regarding the use of the website.
Changes to These Terms
We may amend these Terms at any time by posting the updated version on this page with a revised date. Your continued use of the website after any change means that you accept the updated Terms.
Contact and Grievances
Shubh Laabh Propmart Private Limited
41, NRI City Centre Rd, NRI City, Omega II, Greater Noida, Uttar Pradesh 201308
Email: shubhlaabhpropmart@gmail.com
Phone: +91-9811370088, +91-8700078000, +91-8700083000
Complaints are acknowledged within forty-eight (48) hours, and we try to resolve them within thirty (30) days.