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Terms and Conditions Everest Properties Services. Effective Date:- 14/03/2025

Welcome to Everest Properties, a property dealing platform for buyers, sellers, agents, and real estate professionals. By accessing or using our website (https://everestproperties.in), you agree to be bound by these Terms and Conditions ("Terms"). Please read them carefully, as they govern your use of our services.

Your use of the Site and services and tools are governed by the following Terms & Conditions, which are incorporated herein. By mere use of the Site, you shall be contracting with Everest Properties Pvt. Ltd., the owner of the Platform. These terms and conditions, including the policies, constitute your binding obligations with Everest Properties. Therefore, it is imperative that before using the platform, you acquaint yourself and understand the applicability and consequential application of these terms & conditions. When You use any of the services provided by Us through the Platform, including but not limited to (e.g., Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into these Terms and shall be considered as part and parcel of these Terms.

Defined Terms:

Unless otherwise specified, the capitalized words shall have the meanings as defined herein below:

  • "Agreement" shall mean and include the completed application form, its attachment(s), and the terms and conditions stated herein. It shall be deemed to have been executed at New Delhi.
  • "Company" is defined as Everest Properties Pvt. Ltd. ("the Company"), an existing Company under the Companies Act, 1956, and having its corporate office at (Defined Address).
  • "Date of Commencement" is the date indicating the acceptance of the application by the User to the service.
  • "Date of Termination" is the date of expiry mentioned in the notice or/and the letter of termination and/or the date when the services are supposed to end.
  • "everestproperties.in" is defined as the internet website or mobile application of the Company at (https://everestproperties.org.in/)
  • "My Subscriptions" contains time-to-time information and description of the Services for the User provided by the Company in writing or contained in the website (https://everestproperties.org.in/).
  • "Registration Data" is the database of all the particulars and information supplied by the User on initial application and subscription, including but without limiting to the User's name, telephone number, mailing address, account, and email address.
  • "User" includes everyone who is a Subscriber/Advertiser(s) and Browser/Visitor(s), either as an individual or corporate subscriber for the Services and the signatory, whose particulars are contained in the application form, and includes his successors and permitted assignees. "User" or "You" also includes any person who accesses or avails the Services provided by the Company for the purpose of hosting, publishing, sharing, listing, transacting, viewing, displaying, or uploading information or views and includes other persons jointly participating in using the Services provided by the Company.
  • Words referring to masculine include the feminine, and the singular includes the plural and vice versa as the context admits or requires; and Words importing persons include individuals, bodies corporate, and unincorporated entities.
1. Acceptance of Terms:-

By accessing or using Everest Properties Pvt. Ltd Web or Software., you confirm that you accept these Terms and agree to abide by them. If you disagree with any part of these Terms, please do not use our services.

2. User Eligibility:-

You must be at least 18 years old to register and use our platform. By using our services, you represent and warrant that you are of legal age and competent to enter into a binding agreement.

3.PG Listing and PG Platform:-
  • 1. The User is solely and completely responsible to verify the accuracy, reliability and genuineness of the listing made on Everest Properties Pvt. Ltd, Everest Properties Pvt. Ltd is no way shall be whether directly or indirectly responsible for any fraud or cheating that may arise due to any fake or incorrect listing.
  • 2. That the package bought from Everest Properties Pvt. Ltd can be used to post regular as well as PG listings on the current Everest Properties Pvt. Ltd Platform only till the launch of the new PG platform. In this case, however, if the User has any portion remaining of his/her/its package, User can use it only in the current Everest Properties Pvt. Ltd platform for listings other than PG.
  • 3. That all PG listings will be visible on the current platform. However, post launch of PG Platform, these listings would be migrated to the new platform and shall be visible till the expiry duration of the listings.
  • 4. That the User, who buys a separate PG pack, hereby agrees that in order to improve genuine listings and have authorised Sellers, the Company mandates the agent(s) posting listings against specific PGs to obtain NOC from the PG owners or Operators.
  • 5. PG owners or Operators shall be required to complete KYC as per Everest Properties Pvt. Ltd policy.
I. Subscription Fees
  • The applicable rate of the Subscription Fees for the Service provided shall be such as mentioned in the "My Subscriptions" page or as may be prescribed by the Company from time to time.
  • Liability for the Subscription Fees shall accrue from the Date of Commencement.
  • All individual Users who access or make posting of information on the Site for the purpose of buying property shall be exempted from the application of this clause unless there is a change in policy as per discretion of the Company.
II. Payment & Refund clause:-
  • For all services bought, 50% of the order amount would be towards the activation/administration fees & the rest 50% would be refunded on pro-rata basis in case of cancellation considering the usages of the services. Customer agrees that the refund process may take around 4 to 6 weeks after the complete documentation has been received by the Finance team of Everest Properties Pvt. Ltd for processing such refund. It is made clear that all refunds are subject to discretion of Everest Properties Pvt. Ltd and cannot be claimed as a matter of right.
  • Where Subscription Fees accrues it shall be payable at or within such time as stated in the invoice(s) issued by the Company to the User.
  • The Subscription Fees shall be paid by the User on demand. In case the user disputes the same for any reason whatsoever, he shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company's deciding the dispute in the User's favour, the Company shall refund to the User any excess amount paid by the User without any interest.
  • Any delay in the payment by the User of any sums due under this Agreement, the Company shall have the right to charge interest on the outstanding amount from the date the payment became due until the date of final payment by the User.
  • Payments made to the Company through IOS app shall not be refundable under any circumstances, including but not limited to the termination of this Agreement for whatever reason.
Owner’s Services:
  • The Owner’s Service once subscribed shall be non-refundable, however, Company may refund the amount in the event a property is not linked with the package so bought. In such an event 50% of the order amount would be towards the activation/administration fees and shall be forfeited & the rest 50% would be refunded on pro-rata basis considering the usage of the customer. Customer agrees that the refund process may take around 6 to 8 weeks after the complete documentation has been received by the Finance team of Everest Properties Pvt. Ltd for processing such refund.
  • If it is brought to the notice of the Company that the User is not the Owner of the property, instead is a Builder/Agent, in such an event the listing would be deactivated without any notification and the amount paid shall be forfeited
IV. CHARGE BACK POLICY:-
  • Payment for the services offered shall be on 100% advance basis.
  • Payment for service once subscribed to by the subscriber, is not refundable and any amount paid shall stand appropriated.
  • Refund if any will be at the sole discretion of the Company only
  • User acknowledges and agrees that the Company at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by user to the Company under any other agreement or commercial relationship towards other products/services
  • The Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.
III. Obligations and Representations of User/Subscriber :-
  • 1. To provide accurate, complete and correct registration data on initial application for the Services.
  • 2. The User agrees that any data entered on the Site will be subject to mandatory verification process by the Company.
  • 3. Any and all licenses, permits, consents, approvals and intellectual property or other rights as may be required for using the Service shall be obtained by the User at his own cost.
  • 4. The User will ensure compliance with all notices or instructions given by the Company from time to time to enable the use of the Service.
  • 5. The User understands and agrees that the User is responsible for all applicable taxes and for all costs that are incurred in using the Site service(s).
  • 6. The User shall be solely responsible for all information retrieved, stored and transmitted by him.
  • 7. The User shall keep confidential and not disclose to any person the User's password and user identification and all activities and transmission performed by the User through his user identification.
  • 8. The User shall be responsible for all the activities that occur on his/its display name and password.
  • 9. The User agrees to immediately notify the Company of any unauthorized use/breach of his/its password or account and ensure to exit from the account at the end of each session.
  • 10. The User shall immediately notify the Company of any unauthorized use of the User's account or any other breach of security known to the User.
  • 11. The User shall promptly make the payment to the Company towards the Subscription Fees as and when it becomes payable.
  • 12. To ensure that he/she is above 18 years in age and competent to enter into the contract.
  • 13. The User shall be responsible for the set-up or configuration of his equipment for access to the Services.
  • 14. User hereby declares that he/it is fully aware that the online advertisements were placed with everestproperties.in shall be reflected after 48 hours and agree to the stipulated 48 hours of processing.
  • 15. The User agrees that any data entered into herein can and shall be saved, used and commercially exploited by Everest Properties Pvt. Ltd as deemed fit by them.
  • 16. The User shall give out to the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable right (through multiple tiers) to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in your listings. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by the User on everestproperties.in with the exception of trading data, credit card numbers, checking account numbers, etc. "Individually Identifiable User Data" shall mean that subset of "User Data" that can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The User Data shall be deemed to be the property of everestproperties.in. The User shall make all reasonable efforts to ensure that it is accurate and complete and not misleading in any manner.
IV. Intellectual Property Rights:-

All logos, brands, trademarks, and Service marks ("Marks") appearing in Everest Properties Pvt. Ltd are the properties either owned or used under license by Everest Properties Pvt. Ltd or its associates. All rights accruing from the same, statutory or otherwise, shall wholly vest with Maits associates. The access to Everest Properties Pvt. Ltd does not confer upon the User any license or right to use in respect of these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offense under the prevailing laws of India.

Everest Properties Pvt. Ltd respects the Intellectual Property Rights of all, it has and will continue to adhere to all the laws applicable in India in this respect. Everest Properties Pvt. Ltd shall protect and respect the Intellectual Property Rights of the users as well as third parties to the best of its ability. In a case where a User(s) are found to be using Everest Properties Pvt. Ltd as a platform to infringe the Intellectual Property Rights of others, Everest Properties Pvt. Ltd will be free to terminate this Agreement forth with without any notice to the user.

Allowing Users to access Everest Properties Pvt. Ltd grants the Users a limited, non-exclusive, non-assignable, revocable license (the "License") to access and use the Services, provided that the User complies with the terms and conditions of the Agreement.

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Site's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Site and other distinctive brand features of the Site are the property of the Company. Furthermore, to the Site created by the Company, the Company shall be the exclusive owner of all the designs, graphics, and the like, related to the Site.

8. Limitation of Liability:-

To the maximum extent permitted by law, Everest Properties Pvt. Ltd and its affiliates are not liable for any direct, indirect, incidental, or consequential damages resulting from your use of the platform, including but not limited to property transactions, content accuracy, or third-party interactions. Your use of the site is at your own risk.

9. Disclaimer of Warranties

Everest Properties Pvt. Ltd is provided on an "as is" and "as available" basis. We make no warranties regarding the accuracy, completeness, or reliability of the information and services on our platform. We do not guarantee continuous or error-free access to our platform.

10. Indemnification

You agree to indemnify and hold Everest Properties Pvt. Ltd, its affiliates, employees, and agents harmless from any claims, damages, losses, liabilities, and expenses arising from your use of the platform, violation of these Terms, or infringement of any third-party rights.

11. Modifications to Terms

Everest Properties Pvt. Ltd reserves the right to modify these Terms at any time. We will provide notice of significant changes, and your continued use of the platform following any modifications constitutes acceptance of the updated Terms.

12. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of ……... Any disputes arising from these Terms or your use of the platform shall be resolved in the courts of ……..

13. Contact Information

Grievance Officer Name:

Contact: 92669965

E-mail: info@EverestProperties.in

Business Address: .