Terms and Conditions

1. Introduction

Introduction

These terms of use ("Terms") represent a legally binding agreement between you and Baiyabasa Realty Services Limited ("Company," "We," "Baiyabasa," or "Us") regarding your use of our website old.baiyabasa.com (the "Site"), any related domains, and any services offered or deemed to be offered by the Company, including but not limited to content delivery through the Site or any internet-connected device ("Service"). By using the Site, you are entering into a contract with Baiyabasa Realty Services Limited, the owner of the platform. These Terms, along with our policies, form your binding obligations to Baiyabasa. Therefore, it's crucial that you familiarize yourself with these terms before using the platform.

Definition of Terms

Unless specified otherwise, the capitalized terms shall have the following meanings:

• "Agreement": The completed application form, attachments, and these terms and conditions.
• "Company": Baiyabasa Realty Services Limited, with its corporate office at Times Centre, NOIDA, U.P., and its website Baiyabasa.com.
• "Date of Commencement": The date when the user's application for service is accepted.
• "Date of Termination": The expiry date as mentioned in the termination notice or letter.
• "Baiyabasa.com": The Company's internet website or mobile application.
• "My Subscriptions": The page containing information and descriptions of the services provided to the user by the Company.
• "Registration Data": The database of all information provided by the user during registration.
• "User": Any individual or corporate subscriber, advertiser, visitor, or browser of the services, including their successors and assignees.

2. Terms and Conditions

Terms of Use

When you use any of our services through the platform, such as product or seller reviews, you are subject to the rules, guidelines, policies, and conditions specific to those services. These are integrated into these Terms and are considered part of this agreement.

Amendment of Terms

Baiyabasa reserves the right to amend or modify these terms and conditions at any time, with changes becoming effective immediately upon posting on the Site. You are encouraged to review these modifications regularly. Continued use of the Site following any changes will constitute your acceptance of the revised terms. Baiyabasa also reserves the right to suspend site operations for maintenance, content updates, or technical upgrades without prior notice.

Term Period

These Terms will continue to apply as long as you access the Site and use the services provided by the Company.

Services Offered

The Company offers a variety of internet-based services through its platform, which include:

• Posting user profiles or listings for property sales or rentals.
• Finding properties through Baiyabasa.com and its associated links.
• Placing print advertisements in any of the Company's group publications.
• Posting advertisements on Baiyabasa.com.
• Sending promotional messages via email and SMS.

Services can be purchased through various payment methods, and their use is subject to additional policies, including subscription fees, payment, refund, and cancellation policies.

User Eligibility

By using the Site, you represent that you are at least 18 years of age and are competent to enter into a binding contract. Individuals under 18 may use the Site only with the involvement and guidance of a parent or legal guardian. You agree to register and provide complete and accurate information, including your name, age, email, residential address, and contact number.

PG Listings & Platform

• Users are solely responsible for verifying the accuracy and genuineness of any PG listing. Baiyabasa is not liable for any fraudulent or misleading listings.
• Packages purchased for regular and PG listings on the current platform can be used until a new PG platform is launched. After that, remaining packages can only be used for non-PG listings on the current platform.
• PG listings will be visible on the current platform and migrated to the new platform post-launch until the listing's expiry.
• Users who buy a PG package must obtain a No Objection Certificate (NOC) from PG owners or operators.
• PG owners or operators must complete KYC as per Baiyabasa policy.

3. Financial Matters

Fee Structure

• Subscription fees are as stated on the "My Subscriptions" page or as updated by the Company.
• Fees are payable from the Date of Commencement.
• Users accessing the Site for property purchases are exempt from subscription fees unless Company policy changes.

Obligations and Representations of User/Subscriber

• Accurate Registration Data: Users must provide accurate and complete registration information.
• Data Verification: Users acknowledge that any data entered will undergo mandatory verification.
• Licenses and Approvals: Users are responsible for obtaining required licenses and approvals at their own cost.
• Compliance: Users must comply with all notices or instructions from the Company.
• Taxes and Costs: Users are responsible for all applicable taxes and costs.
• Information Management: Users are solely responsible for all information retrieved, stored, and transmitted.
• Confidentiality: Users must keep passwords and user identification confidential.
• Account Activity: Users are responsible for all activities under their display name and password.
• Unauthorized Access: Users must notify the Company immediately of any unauthorized use.
• Payment: Users must make prompt payment for subscription fees.
• Age Requirement: Users must confirm they are over 18 and legally competent.
• Equipment: Users are responsible for setting up equipment to access services.
• Advertisement Reflection: Online advertisements will be reflected after 48 hours.
• Data Usage Consent: Users agree that data may be saved, used, and commercially exploited by Baiyabasa.
• Intellectual Property: Users grant the Company non-exclusive rights over material in their listings.
• Indemnity: Users will indemnify Baiyabasa for third-party claims from information posted.
• Wrong Data: Users are solely responsible for incorrect data and may face legal action.

Payment and Refund Guidelines

• A 50% administrative fee is charged on all orders, with the remaining 50% refunded on a pro-rata basis in case of cancellation, subject to usage. Refunds may take 4 to 6 weeks for processing.
• Subscription fees are payable as per the invoice issued by the Company.
• Any disputes over fees should not delay payment; excess amounts will be refunded if the dispute is resolved in the user's favor.
• Late payments may incur interest on the outstanding amount.
• Payments made via the iOS app are non-refundable.

Charge Reversal Policy

• Payment for services is required in full and in advance.
• Refunds are at the sole discretion of the Company.
• The Company may set off any payment made by the user against other amounts owed to the Company under different agreements or services.
• The Company is not responsible for delays in refunds due to third-party payment processing issues.

Money-Back Policy

• If a user is dissatisfied with responses from a listing using the Money-Back Package, they can request a refund via the feedback link, email, or customer care.
• To claim a refund, at least one property must have been posted using the package.
• The user will first be offered a free extension of the listing duration to evaluate responses again.
• If the user remains unsatisfied after the extension, the Company will initiate a refund.
• Refunds can only be requested within the listing's lifetime (60 days from posting).
• Refunds can only be initiated for the same Order ID and Customer Name as during booking.
• Refunds for online payments will be processed after deducting payment gateway charges.
• Refunds will be processed within 30 business days of receiving and accepting all relevant documents.

Governing Law and Jurisdiction: The terms are subject to the laws of India. Any legal action or proceeding related to your use of our services will be subject to the exclusive jurisdiction of the courts in New Delhi.

4. Service Termination and Suspension

Service Cancellation

• The Company reserves the right to cancel or stop any content from being published on its Site. Cancellation charges are outlined in the cancellation and refund policy.
• There is no cancellation or refund for platinum listing packages purchased via online payment (except by cheque or demand draft). Cancellation for cheque/demand draft orders can only be made before payment is processed by the Company.

Termination Clause

• Either party may terminate this agreement with 30 days' written notice.
• The Company may waive or shorten this period at its discretion. The Company may terminate immediately without notice if the user breaches any terms, if continuing the service is deemed not in the public interest, or if the user is declared bankrupt or enters into a compromise with creditors.

Liabilities Post Termination

• If the agreement is terminated, the user remains liable for subscription fees until the termination date.
• All amounts owed to the Company upon termination must be paid within 30 days.

Suspension of Service

• If the user fails to pay any amounts due, the Company may suspend the service, which may lead to termination. The user remains liable for all charges and fees incurred up to the suspension date.
• If the user subsequently pays the required amounts, the Company may, at its discretion, reconnect the service under terms it deems appropriate.

5. Security and Privacy

Security Measures

• Transactions on the Site are secure, with user information encrypted to prevent unauthorized disclosure. Credit and debit card information is not stored by the Company but is processed directly by the authorized payment gateway.
• Users are responsible for maintaining confidentiality of user identification and passwords and must notify the Company immediately if they suspect unauthorized use.
• The Company reserves the right to change or reassign user identification codes.
• The Company is not liable for unauthorized transactions resulting from theft or loss of user identification or passwords.

Personal Data

Your submission of personal information through this site is governed by our Privacy Policy.

Privacy Statement

Baiyabasa.com respects user privacy and is committed to protecting it. Click here to read the Privacy Policy. The Company collects user information through various advertising campaigns, which users voluntarily provide. This information is stored in the Baiyabasa.com database and is used exclusively by the Company. Third-party advertising companies display ads on various internet sites. Any unauthorized use or sharing of information by third parties will result in appropriate legal action by the Company, including indemnification for third-party claims.

6. User Responsibilities and Restrictions

Restricted Activities

• Users must not allow anyone other than authorized persons to use the service.
• Users must not resell or assign their rights or make unauthorized commercial use.
• Users must use the service only for the purpose for which it was subscribed.
• Users must comply with all applicable laws in India.
• Users must not print, download, duplicate, or copy, delete, vary, or amend any data or personal information posted by other users, except their own.
• Users must not use the service for any unlawful or fraudulent purpose.
• The service must not be used to send or receive offensive, abusive, indecent, obscene, defamatory, or menacing messages.
• Users must not sell their listings to any third party.
• Users must not post information that causes threats, harassment, annoyance, or inconvenience.
• Users must not infringe upon the intellectual property rights of others.
• Users must not use someone else's information except as necessary for transactions.
• Users must not violate or attempt to violate site security or gain unauthorized access.
• Users must not introduce viruses, worms, or harmful components.
• If a user violates these terms, the Company may delete materials, suspend access, or seek legal remedies. The Company may blacklist the user and forfeit unutilized fees as liquidated damages.
• Users must avail services only for lawful purposes. Unauthorized use of material protected by intellectual property rights, or obscene, defamatory, or libelous material, is prohibited.
• The Company opposes spam and prohibits all forms of it.
• Users must not use automated means like "deep-link" or "page-scrape" to access or monitor the site.
• Users must not attempt to gain unauthorized access to the platform.
• Users must not engage in unsolicited advertising or solicitation.
• Users are responsible for ensuring content does not infringe rights, contain libelous or unlawful information, or mislead others.

Use of Provided Data

• All intellectual property rights related to the services of Baiyabasa.com shall be the exclusive property of the Company.
• The Company may use data provided by users for its purposes or share it with associated companies or selected third parties.
• The Company will retain all data provided by users, even after termination, for exclusive use per the service agreement.
• By entering their mobile number on Baiyabasa.com, users consent to receiving promotional SMS and calls from the Company and its partners, even if the number is on a DNC list.

External Links and Resources

The content of websites, services, goods, or advertisements linked to our site is not controlled or maintained by us, and we are not responsible for their availability, content, accuracy, or privacy practices. Hyperlinks to third-party websites are provided for convenience and do not imply endorsement by Baiyabasa Realty Services Limited. You use these links entirely at your own risk.

The Company does not: (a) offer warranties regarding the use of links; (b) guarantee the accuracy, completeness, or adequacy of any third-party websites, services, goods, or advertisements; (c) endorse any third-party websites, services, goods, or advertisements.

The Company is not liable for damages or losses from using or relying on information on linked websites. Third-party advertisements are paid for by advertisers; clicking them is not an endorsement by Baiyabasa. The third-party advertiser is solely responsible for claims, offers, and delivery of goods or services.

The Company may recommend or provide access to third-party software, applications ("Apps"), products, or services ("Third-Party Services"). Your purchase or use of these is solely between you and the third-party provider. The Company does not control or advise on commercial or contractual terms between users and third-party providers. Using Third-Party Services is at your own risk. The Company does not make representations or warranties regarding quality, value, or saleability. The Company is not responsible for errors, omissions, non-performance, or breach of contracts between users and third-party providers. The Company operates as an online advertisement platform and intermediary and does not possess or control products or services offered. The Company is not obligated to intervene in disputes between users and third-party providers. Under no circumstances will the Company be liable for damages resulting from Third-Party Services. You agree to indemnify the Company from claims arising from your use of Third-Party Services. We do not offer refunds for goods purchased from Third-Party Services.

7. Legal and Liability

Violation of Terms & Conditions

If the terms are violated, the Company may take legal action, including immediate deletion of offending material, account cancellation, or exclusion of violators. The Company will cooperate with investigations by relevant authorities. If necessary, the Company may release user information to minimize liability.

Errors and Omissions

Occasionally there may be errors, inaccuracies, or omissions on the site, including in product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors and update or cancel orders if needed, even after an order has been placed. However, we are not obligated to update information on the site, except as required by law.

Liability Limits

The User agrees that the Company and its affiliates, directors, officers, and employees are not liable for any direct, indirect, incidental, special, or consequential damages arising from the use or inability to use the Service, including damages for lost profits, data, or use. The Company is not liable for damages from service interruptions. The Company is not responsible for shortages or non-fulfillment due to technical failures. The Company is not liable for downloading fees, airtime, ISP connection costs, or other charges. The Company is not responsible for malfunction or damage to mobile devices from use of the Baiyabasa mobile application.

Compensation

The User agrees to indemnify and hold harmless the Company and its directors, employees, and agents from any claims arising from the advertisement or posting of property on the Site, including infringement of third-party rights or violations of applicable laws.

Non-Exclusive Resolution

Termination or expiration of this Agreement does not prevent either party from seeking other available remedies. Both parties remain responsible for any fees due up to the effective date of termination.

Waiver of Rights

The Company's failure to exercise or enforce any right or provision does not constitute a waiver. If any provision is found invalid, the court should uphold the parties' intentions and the remaining provisions shall continue in full effect.

Complete Agreement

This Agreement represents the complete and exclusive agreement between the parties, superseding all prior agreements. It may only be modified or any rights waived through a written document executed solely by the Company.

Law and Jurisdiction

• There is no agency, partnership, joint venture, or franchiser-franchisee relationship between the Company and any User.
• The User agrees that any claim or cause of action related to use of the Service or these Terms must be filed within 30 days of the incident or be permanently barred.
• All information received from the user is provided in good faith and believed to be true and compliant with applicable laws.
• This Agreement and any disputes are governed by Indian law, with the courts in Delhi, India having exclusive jurisdiction.

Acknowledgment and Acceptance of Terms and Conditions

The terms and conditions outlined above constitute the entire agreement between the User and the Company, replacing all previous arrangements. By completing the registration process or checking the "I have read and accept the Terms of Use" box, the User agrees to be bound by all terms and conditions.

We strive to make Baiyabasa.com a pleasant and effective experience. If you observe any material or behavior that may violate these Terms & Conditions, please inform us.

Notices

All notifications will be considered delivered when sent: (a) to the User at the address provided on the Application Form; (b) to the Company at the address specified in writing. Invoices and payments should be directed to the Company's Finance department, legal notices to the legal department. Notice is regarded as given upon personal delivery and upon receipt of acknowledgment from an overnight courier.

Grievance Redressal: Any complaints, concerns, or reports of content violations or breaches should be directed to the designated Grievance Officer via written communication or email at [email protected].

Website: old.baiyabasa.com

Baiyabasa Realty Services Limited, 3A-Hindustan House, PLOT NO 334, GGP Square, RASULGARH, BHUBANESWAR, ODISHA 751010, India. Phone: 8484800333. Email: [email protected]

8. Disclaimers

PropWorth Disclaimer

The information and opinions on this website/app are general guidelines for informational purposes only. They are not intended as legal, financial, or real estate advice. While we strive for accuracy, we do not guarantee completeness or currency. Users should seek independent professional advice before making decisions. Baiyabasa.com is not liable for any loss, damage, or expenses incurred by users relying on the information provided.

Legal Metrology Disclosure

Users must indicate property area in standard units of measurement as per the Legal Metrology Act, 2009 (base unit: meter). The Company is not liable for any law infringement by users.

RERA Disclosure

Project developers, builders, and real estate agents must comply with RERA Act 2016 and obtain necessary registration. They must disclose all required information on the Site. We do not guarantee compliance or registration under the Act. The Company is not liable for any claims related to inaccuracies. Users are advised to refer to respective RERA websites for complete information before making decisions.

Rental Agreement Disclosure

• "User" or "Tenant" refers to any individual or entity searching for rental property and submitting details on the Company's portal.
• The Company acts solely as a facilitator between the User/tenant and landlord and does not serve as an agent for either party. Transactions are on a principal-to-principal basis.
• Users voluntarily provide confidential information at their own risk. The Company or its partners/vendors may contact the User for facilitating the rent agreement process.
• Users are responsible for seeking independent legal advice regarding stamp duty for lease deeds/rent agreements. The Company does not provide legal opinions.
• The Company does not sell stamp papers but facilitates the transaction.
• The Company has not verified the property title or condition. Users must conduct their own due diligence.
• Users and landlords are responsible for any tax or liability arising from their transaction and must indemnify the Company against any claims.
• The Company will not be held responsible for disputes between the User/tenant and landlord.
• Orders cannot be canceled or refunded. In rare cases where the service is not fulfilled, the Company will provide the best resolution possible, including a refund if necessary.

9. Specialized Services

Home Loan Services

• By opting for Home Loan services, the User authorizes Baiyabasa and Financial Institutions to contact them.
• Loan approval and disbursement are at the discretion of financial institutions. The Company acts as a third-party facilitator.
• Rates and terms displayed are indicative; actual terms depend on the financial institution's assessment.
• The Company does not guarantee loan approval or service quality from financial institutions.
• The Company does not collect payments for home loan services from Users.
• The Company is not responsible for verifying User information or liable if the loan application is rejected.
• The Company may share User information with financial institutions and brokers.
• The Company will not mediate disputes between Users and financial institutions.
• Information about financial institutions is from public sources and subject to change.
• Fulfillment services are available only in select cities and for certain profiles.
• Home loans are subject to RBI regulations. The Company is not liable for regulatory changes.

PG Services

• Baiyabasa serves as an online platform facilitating connections between Users and PG Owners, not as an agent.
• Users/Tenants must agree to stay in their selected PG for a minimum of 3 months.
• Users voluntarily share personal information at their own risk. The Company is not responsible for misuse by third parties.
• The Company does not guarantee PG quality. Users should verify through physical inspection.
• The Company does not mediate rent agreement terms between User and PG Owner.
• The Company has not verified property title or condition. Users should conduct due diligence.
• The Company will not be a party in disputes between Users and PG Owners.
• PG Fulfilment service applies only to PGs labeled "MB Fulfilled" and is currently available only in Delhi/NCR.

Tenant Verification Process

• The Company acts as a connector between Users and Service Providers for tenant verification, not as an agent.
• Users voluntarily share personal information at their own risk. Use is governed by the Privacy Policy.
• The Company does not guarantee service quality. Users should resolve issues with the Service Provider.
• Tenant consent is required; it is not the Company's responsibility to obtain it.
• The Company does not verify or provide opinions on tenant character or credibility.
• Full refund if cancellation occurs before tenant details are shared and within 30 days of purchase. No refund after details are shared or beyond 30 days.

Home Assistance

• The Company connects Users with Service Providers for home services without acting as an agent.
• Services are governed by terms of respective Service Providers (e.g., UrbanCompany, Nakoda DCS, HiCare).
• Full refund for cancellations 24+ hours before service. 50% refund for cancellations 4–24 hours prior.
• Users can reschedule once without fee if done 12+ hours before. Rescheduling within 4–12 hours may incur a fee.
• If the Service Provider fails to show up, Users are eligible for full refund or free rescheduling.

Property Evaluation

• The Company connects Users with Service Providers for property inspection without acting as an agent.
• Full refund for cancellations 48+ hours before service. 50% refund for cancellations 24 hours prior.
• No refunds for cancellations on the service day or after service completion.

Vastu Consultation

• The Company connects Users with Vastu consultants without acting as an agent.
• The Company is not responsible for outcomes from Vastu consultations.
• Full refund before any documents/details are shared. 50% refund after details are shared.

Rent Payment Service

• The Company operates as an intermediary between tenant and landlord, not as an agent.
• Users confirm the service is used exclusively for rental payment based on accurate information and a valid rental agreement.
• The Company advises Users to safeguard credit card information. The Company is not responsible for unauthorized disclosure.
• Users are responsible for verifying landlord details before making rent payments.
• The Company is not responsible for refunds if incorrect landlord details are provided.
• Users must save and securely store payment receipts.

Legal Assistance

• The Company acts as an online platform connecting Users with Service Providers for legal services, not as an agent.
• 100% refund before any documentation is provided. 50% refund before verification begins (after partial documentation). No refund after all documentation is provided.

Relocation Assistance

• The Company partners with Service Providers for Packers and Movers services as a facilitator only.
• 100% refund for cancellations up to 48 hours before service. No refund within 0–48 hours.
• Reschedule: once free if 12+ hours before; may incur fee within 4–12 hours or 0–4 hours.
• Full refund or free reschedule if Service Provider no-show.
• Insurance charges are additional unless otherwise specified.
• Disputes between User and Baiyabasa resolved through arbitration in Delhi under the Arbitration & Conciliation Act, 1996.

Tenant Assurance Plan

Baiyabasa functions as an online platform connecting Property Owners, Potential Tenants, and Service Providers/Brokers. Baiyabasa does not act as an agent for any party.

Guaranteed Tenant Plan (GTP) for Bhubaneswar: Available to Property Owners subscribing through Baiyabasa in Bhubaneswar, Odisha. Upon subscription, prior property listings will be deactivated during the plan. No commission/brokerage to Service Provider/Broker. 28-day guarantee: if property not leased within 28 days, Owner is eligible for full refund plus bonus of up to Rs. 7,000. Owner grants exclusive rights to Baiyabasa for 28 days. Refund forfeited if Owner rejects two tenant options that meet preferences, or independently leases the property. Owner must cooperate with Service Provider/Broker. 100% refund if no Service Provider/Broker assigned within 5 working days. GTP Plan available only in Bhubaneswar, Odisha.

Cancellation: Owners may cancel within 5 working days of activation for full refund (excluding bonuses), unless a Service Provider/Broker has already been assigned. No cancellations or refunds after 5 days.