1. GENERAL
a) This document is an electronic record under the terms of the Information Technology Act, 2000, and applicable rules, including amended provisions related to electronic records in various statutes. It is generated by a computer system and does not require physical or digital signatures.
b) This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates publishing rules, regulations, privacy policy, and terms of use for access or usage of www.thewhitelistedestates.in.
c) The domain name www.thewhitelistedestates.in (“Website”) is owned and operated by The Whitelisted Estates Pvt. Ltd. (“Company”), a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at Corporate Office 3rd Floor, 306, Time Tower Metro Station, Mehrauli-Gurgaon Road, Indian Airlines Pilots Society, Sushant Lok Phase I, Sector 28, Gurugram, Haryana 122002. For the purposes of this document, “Company” shall, unless repugnant to the context, include its representatives, administrators, employees, directors, officers, agents, successors, and assigns.
d) For these Terms of Use (“Terms”), the following definitions apply:
i) The terms ‘You’ and ‘User’ refer to any legal person or entity accessing or using the services provided on this Website, who is legally competent to enter into binding contracts under the provisions of the Indian Contract Act, 1872.
ii) The terms ‘We,’ ‘Us,’ and ‘Our’ refer to the Website and/or the Company, as applicable.
iii) The terms ‘Party’ and ‘Parties’ refer to the User and the Company individually and collectively, as required by the context.
e) Section headings in these Terms are for organizational purposes only and hold no legal or contractual value.
f) The Website’s use by the User is governed by these Terms and the Privacy Policy (“Policy,” available on the Website), along with any modifications or amendments made by the Company at its sole discretion. Visiting the Website or using its services constitutes the User’s unequivocal acceptance of these Terms and the Policy. Both are co-terminus, meaning termination of one leads to the termination of the other, unless specified otherwise in Section 3.
g) These Terms and the Policy constitute a legally binding agreement between the User and the Company. The User agrees to abide by all applicable rules, guidelines, and policies that are incorporated into these Terms. The User acknowledges that no signature is necessary to bind these Terms, as access or use of the Website signifies full acceptance.
h) The Company reserves the right to amend these Terms without prior notice. The User agrees to periodically review these Terms to remain informed of updates. Continued use of the Website implies consent to any changes. As long as the User complies with these Terms, they are granted a personal, non-exclusive, non-transferable, revocable, and limited privilege to access and use the Website.
SERVICES
The Whitelisted Estates offers comprehensive real estate consulting services. Below is an overview of the services provided:
- Property Identification: Assistance in property searches using technical research and analysis to match customer requirements.
- Transactional Support: Support during site visits, pricing negotiations, and inventory selection.
- Financial & Administrative Support: Assistance with mortgage and financial services, as well as legal and administrative support.
- Product Portfolio: Expertise in residential (primary and resale), commercial, leasing, land, global projects, affordable housing, investor projects, and structured offerings.
- Portfolio Structuring & Management: Diversifying real estate portfolios globally and bringing global properties with attractive payout options to Indian investors.
- Service for Life: Assigning a “Dedicated Relationship Manager” for lifetime customer support.
2. ELIGIBILITY
The User represents and warrants that they are legally competent to enter into binding agreements under the Indian Contract Act, 1872, and other applicable laws. Users who are not competent under the law are prohibited from using this Website.
3. TERM
These Terms remain valid and binding as long as:
a) The User continues to access and use the Website; or
b) Any transaction between the Parties concludes to their mutual satisfaction, whichever is longer.
Certain sections (e.g., Sections 12, 13, 14, & 16) will remain in effect indefinitely, even after termination.
4. TERMINATION
The Company reserves the right to unilaterally terminate the User’s access to the Website and its services at any time without prior notice or cause. The User is bound by these Terms until their expiration as described in Section 3.
5. ONLINE SERVICE PLATFORM
The Website functions as an online service platform offering guidance and recommendations on real estate properties across the globe.
6. COMMUNICATION
By using this Website and providing their contact information to Ashiana Housing Ltd. through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails, and SMSs from Ashiana Housing Ltd. and/or any of its affiliates or partners at any time, subject to this Policy. In case the User wishes to stop receiving such marketing or promotional calls, emails, or messages, they may send an e-mail to [ ] with the subject [ ]. The User acknowledges that it may take up to seven (7) business days for Ashiana Housing Ltd. to process such a request.
Notwithstanding the above, the User agrees that they may still be contacted by Ashiana Housing Ltd. or its affiliates/partners regarding any services availed of on the Website or matters related thereto.
Any information shared by the User with Ashiana Housing Ltd. shall be governed by the Privacy Policy.
7. CHARGES
Browsing the Website is free of cost for the User. However, the User is required to pay for any services availed via the Website. Ashiana Housing Ltd. reserves the right to amend its no-fee policy and introduce charges for any or all services provided. Users will be notified of such changes when accessing the Website and will have the option to decline the services. Changes, unless specified otherwise, will take effect immediately upon notification.
8. SECURITY
Transactions on the Website are secure and encrypted to safeguard against unintentional disclosure of User information to third parties. Ashiana Housing Ltd. does not store or retain Users’ credit/debit card details. All sensitive payment information is handled directly by authorized payment gateways compliant with the regulations and requirements of respective banks and financial institutions.
9. USER OBLIGATIONS
The User acknowledges they are a restricted user of this Website and agree to the following obligations:
a) Not to cut, copy, modify, distribute, reverse engineer, or create derivative works of any content or software from the Website without express written permission from Ashiana Housing Ltd.
b) Not to use automated methods (e.g., deep-linking, bots, spiders) to access the Website. Such activities may lead to immediate suspension or termination of access.
c) To ensure that any uploaded or posted content complies with applicable laws and is not offensive or objectionable. Any such content deemed inappropriate will be removed without notice, and User access may be revoked.
d) Not to engage in activities such as impersonation, disruption of Website services, or posting content that is illegal, harmful, defamatory, or in violation of intellectual property rights.
e) To comply with all applicable laws, regulations, and guidelines when using the Website.
Ashiana Housing Ltd. reserves the right to disclose User information to authorities for legal or investigative purposes as deemed necessary.
10. SUSPENSION OF USER ACCESS AND ACTIVITY
Ashiana Housing Ltd. may suspend or terminate User access without prior notice if:
a) The User breaches these Terms or the Privacy Policy.
b) The User provides inaccurate or misleading information.
c) The User’s actions cause harm to the Website, its Users, or the Company.
11. INDEMNITY AND LIMITATIONS
The User agrees to indemnify and hold harmless Ashiana Housing Ltd., its employees, officers, and affiliates from any claims or liabilities arising from User actions, including non-compliance with obligations, infringement of third-party rights, or violation of laws.
Ashiana Housing Ltd. is not liable for any indirect, incidental, or consequential damages, including loss of data, profits, or use, arising from the use of the Website or its services.
12. INTELLECTUAL PROPERTY RIGHTS
All intellectual property, including trademarks, designs, and content on the Website, are the exclusive property of Ashiana Housing Ltd. Users may not use any intellectual property without express permission.
The User acknowledges that products displayed on the Website belong to respective third-party owners and that Ashiana Housing Ltd. does not own their intellectual property.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
Ashiana Housing Ltd. provides the Website and its services “as is” and disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.
The Company is not liable for errors, omissions, or damages arising from the use of Website services or products.
14. SUBMISSIONS
Users grant Ashiana Housing Ltd. a royalty-free, perpetual license to use any ideas, comments, or suggestions submitted via the Website. The User warrants that such submissions do not infringe third-party rights.
15. DISPUTE RESOLUTION AND JURISDICTION
All disputes will be resolved through Alternate Dispute Resolution (ADR):
a) Mediation: Parties will first attempt to resolve disputes amicably within 30 days.
b) Arbitration: Unresolved disputes will be referred to arbitration in Mumbai, conducted in English by a sole arbitrator appointed by Ashiana Housing Ltd.
The Terms are governed by Indian laws, and disputes fall under the jurisdiction of Mumbai courts.
16. NOTICES
All communication regarding disputes must be sent in writing to Ashiana Housing Ltd.’s registered office via Registered Post Acknowledgment Due (RPAD) or Speed Post Acknowledgment Due (SPAD).
17. MISCELLANEOUS PROVISIONS
a) Entire Agreement: These Terms, read with the Privacy Policy, constitute the final agreement between the User and Ashiana Housing Ltd.
b) Waiver: Failure to enforce any provision does not constitute a waiver of rights.
c) Severability: If any provision is deemed invalid or unenforceable, the remaining provisions remain effective.
