1. DEFINITIONS
For the purposes of these Terms:
“Company” means HAWK EYE REALTY VENTURES PVT LTD, including its successors, permitted assigns, subsidiaries, affiliates, representatives and authorised personnel.
“User”, “you” or “your” means any person accessing, browsing or using the Website.
“Project” means any real-estate project, layout, development, property, plot, villa, apartment, house, farm site or other property displayed or referred to on the Website.
“Content” includes all text, information, photographs, images, graphics, videos, drawings, plans, brochures, maps, specifications, descriptions, logos, trademarks and other material appearing on the Website.
2. ACCEPTANCE OF TERMS
2.1 By accessing or using the Website, you agree to comply with these Terms and all applicable laws and regulations.
2.2 These Terms constitute a legally binding understanding between you and the Company concerning your use of the Website.
2.3 The Company reserves the right to modify, amend, supplement or replace these Terms at any time without prior notice. The updated Terms shall become effective upon being published on the Website.
2.4 Your continued use of the Website after any modification constitutes your acceptance of the revised Terms.
3. PURPOSE OF THE WEBSITE
3.1 The Website is primarily intended to provide general information regarding the Company's real-estate projects, properties, services, developments, offers and activities.
3.2 Information available on the Website is provided for general informational and promotional purposes and shall not, by itself, constitute an offer, invitation to offer, allotment, sale agreement, conveyance, commitment or contractual obligation on the part of the Company.
3.3 Any purchase, booking, allotment, sale, transfer or other transaction relating to a property shall be governed exclusively by the applicable application form, booking form, allotment letter, agreement for sale, sale deed, conveyance deed or other definitive document executed between the parties.
4. PROJECT AND PROPERTY INFORMATION
4.1 The Company makes reasonable efforts to ensure that information published on the Website is accurate and up to date.
4.2 However, project details may change from time to time due to statutory requirements, approvals, development requirements, market conditions, architectural changes, availability, governmental directions or other circumstances.
4.3 Accordingly, photographs, artistic impressions, layouts, plans, dimensions, specifications, amenities, landscaping, elevations, maps, location references and other representations displayed on the Website may be indicative and subject to change.
4.4 Computer-generated images, photographs, illustrations, renderings and artistic impressions are for representation purposes only and may not represent the actual finished property.
4.5 The actual development may differ from images, illustrations, photographs or representations displayed on the Website.
4.6 Users are advised to independently verify the relevant project documents, approvals, title documents, sanctioned plans, specifications, measurements, development status, applicable charges and other material particulars before making any investment or purchase decision.
5. PRICES, OFFERS AND AVAILABILITY
5.1 Prices, payment plans, discounts, promotional offers, schemes, amenities, specifications and availability displayed on the Website are subject to change without prior notice.
5.2 Unless specifically stated otherwise, quoted prices may not include applicable taxes, registration charges, stamp duty, development charges, maintenance charges, infrastructure charges, statutory levies, utility charges, legal charges or other applicable costs.
5.3 Any price or offer displayed on the Website shall not constitute a final or binding quotation unless expressly confirmed in writing by an authorised representative of the Company.
5.4 Promotional offers may be subject to additional terms and conditions, eligibility criteria, limited availability and specified validity periods.
5.5 The Company reserves the right to withdraw, modify or discontinue any offer or scheme, subject to applicable law and contractual obligations already undertaken.
6. NO RELIANCE ON WEBSITE INFORMATION
6.1 While the Company endeavours to maintain accurate information, the Website may contain inadvertent errors, omissions, typographical mistakes or outdated information.
6.2 Users should not make any investment, financial, legal or other decision solely on the basis of information available on the Website.
6.3 The Company recommends that prospective purchasers conduct their own due diligence and obtain independent professional advice, including legal, financial, tax and technical advice, wherever appropriate.
6.4 Information provided by employees, marketing personnel, channel partners, agents or other representatives shall not modify the Company's contractual obligations unless expressly incorporated into a written agreement executed by an authorised signatory of the Company.
7. PROPERTY DUE DILIGENCE
7.1 Prospective purchasers are encouraged to independently verify all material aspects of a property before entering into any transaction.
7.2 Such verification may include, as applicable:
title and ownership;
encumbrances;
survey and measurements;
land classification;
conversion approvals;
planning permissions;
layout approvals;
applicable restrictions;
statutory approvals;
taxes and charges; and
any other matter relevant to the proposed transaction.
7.3 Nothing on the Website shall be interpreted as a substitute for independent legal or technical due diligence.
8. WEBSITE CONTENT
8.1 The Company may publish text, photographs, videos, brochures, maps, drawings, floor plans, layouts, specifications, project updates and other Content.
8.2 The Company reserves the right to modify, update, remove or replace any Content at any time.
8.3 Information relating to future development, proposed amenities, infrastructure or surrounding developments may be subject to approvals, permissions, feasibility and other conditions and shall not be treated as an unconditional commitment unless specifically agreed in writing.
9. LOCATION AND MAP INFORMATION
9.1 Location maps and geographical representations provided on the Website are intended for general reference and identification purposes.
9.2 Distances, travel times, landmarks, connectivity and location references may be approximate.
9.3 Such information may change due to road development, infrastructure projects, changes in routes, traffic conditions, governmental decisions or other circumstances.
9.4 Users should independently verify location-related information before making a purchase decision.
10. USER ENQUIRIES AND SUBMISSIONS
10.1 Users may submit their name, contact details, enquiry details or other information through forms or other communication facilities available on the Website.
10.2 By submitting such information, you represent that the information provided by you is accurate and belongs to you or that you are authorised to provide it.
10.3 You consent to the Company contacting you regarding your enquiry, requested information, property, project or services, subject to applicable law and the Company's Privacy Policy.
10.4 The Company may use reasonable means of communication including telephone calls, SMS, email, WhatsApp or other communication channels, where legally permitted.
10.5 Submission of an enquiry does not create any contractual relationship between you and the Company.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 All Content appearing on the Website, including but not limited to text, photographs, graphics, logos, trademarks, service marks, designs, layouts, videos, software and other material, is owned by or licensed to the Company unless otherwise stated.
11.2 Such Content is protected under applicable intellectual property laws.
11.3 No User may copy, reproduce, modify, distribute, publish, transmit, display, sell, license, create derivative works from or commercially exploit any Website Content without the prior written permission of the Company.
11.4 You may access and view the Website for personal and lawful purposes only.
12. TRADEMARKS
12.1 All trademarks, service marks, trade names, logos and brand elements displayed on the Website belong to the Company or their respective owners.
12.2 Nothing contained on the Website grants any licence or right to use any trademark, logo or brand name without prior written permission.
13. PROHIBITED USE
You agree not to:
- a. use the Website for any unlawful purpose;
- b. impersonate any person or entity;
- c. provide false, misleading or fraudulent information;
- d. interfere with the security or operation of the Website;
- e. attempt to gain unauthorised access to any part of the Website;
- f. introduce viruses, malware or other harmful code;
- g. scrape, copy or systematically extract Website Content without permission;
- h. use automated systems to access the Website in a manner that adversely affects its operation;
- i. infringe the intellectual property rights of the Company or any third party; or
- j. use Website Content for unauthorised commercial purposes.
14. THIRD-PARTY WEBSITES AND SERVICES
14.1 The Website may contain links to third-party websites, applications, maps, social media platforms or other external services.
14.2 Such links are provided for convenience and do not constitute an endorsement or recommendation by the Company.
14.3 The Company does not control and is not responsible for the content, availability, security, privacy practices or terms of third-party websites.
14.4 Users access third-party websites at their own risk and should review their respective terms and privacy policies.
15. WEBSITE AVAILABILITY
15.1 The Company shall endeavour to keep the Website available and functional.
15.2 However, the Company does not guarantee uninterrupted, error-free or continuous availability of the Website.
15.3 The Website may occasionally be unavailable due to maintenance, upgrades, technical failures, internet connectivity issues, security incidents or circumstances beyond the Company's reasonable control.
16. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by applicable law, the Website and its Content are provided on an “as available” and “as is” basis.
The Company does not warrant that:
- a. the Website will always be available;
- b. the Website will be free from errors or omissions;
- c. all information will always be current or complete;
- d. the Website will be free from viruses or other harmful components; or
- e. the Website will meet every User's specific requirements.
Nothing in these Terms shall exclude or restrict any warranty, right or remedy that cannot lawfully be excluded or restricted under applicable law.
17. LIMITATION OF LIABILITY
17.1 To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive loss arising from the use of or inability to use the Website.
17.2 This includes, where legally permissible, loss of profits, business opportunities, anticipated savings, goodwill or data.
17.3 The Company shall not be responsible for decisions made by a User solely on the basis of information displayed on the Website.
17.4 Nothing in these Terms shall limit or exclude liability where such limitation or exclusion is prohibited by applicable law.
18. INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless the Company, its directors, officers, employees, representatives and authorised agents from claims, losses, liabilities, damages, costs and expenses arising out of:
- a. your breach of these Terms;
- b. your unlawful use of the Website;
- c. your violation of any applicable law;
- d. your infringement of any third-party rights; or
- e. any false, misleading or unauthorised information submitted by you.
This clause shall not apply to the extent that the relevant claim or loss is finally determined to have resulted from the Company's fraud, wilful misconduct or other liability that cannot legally be excluded.
19. FORCE MAJEURE
The Company shall not be liable for any delay or failure in performing an obligation arising from circumstances beyond its reasonable control, including natural disasters, floods, earthquakes, fire, epidemic, pandemic, war, terrorism, civil unrest, strikes, governmental actions, court orders, regulatory restrictions, infrastructure failure, internet or telecommunications failure or other events of force majeure.
20. CONFIDENTIALITY
20.1 Information submitted through the Website may be handled in accordance with the Company's Privacy Policy and applicable law.
20.2 Users should not submit confidential, proprietary or commercially sensitive information through publicly accessible portions of the Website unless specifically requested by the Company.
21. PRIVACY
21.1 The collection, use, storage and processing of personal information shall be governed by the Company's Privacy Policy and applicable Indian data protection and privacy laws.
21.2 By using the Website, you acknowledge that you have read and understood the applicable Privacy Policy.
22. CHILDREN
The Website is intended for use by persons who are legally capable of entering into binding arrangements under applicable law.
The Company does not knowingly solicit personal information from children in circumstances where such collection is prohibited by applicable law.
23. CHANGES TO THE WEBSITE
The Company reserves the right to modify, suspend, discontinue or restrict access to any part of the Website at any time, with or without notice, subject to applicable law.
24. TERMINATION OF ACCESS
The Company may restrict or terminate your access to the Website if it reasonably believes that you have:
- a. violated these Terms;
- b. engaged in fraudulent or unlawful activity;
- c. attempted to compromise the Website's security; or
- d. otherwise misused the Website.
Termination of access shall not affect rights or obligations that have accrued prior to such termination.
25. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of Chennai, Tamil Nadu, India.
Nothing in these Terms shall deprive a consumer or customer of any mandatory statutory rights or remedies available under applicable law.
26. JURISDICTION
Subject to applicable law and the jurisdiction conferred upon statutory and regulatory authorities, courts having competent jurisdiction at [CITY, STATE], India, shall have jurisdiction in respect of matters arising out of or relating to these Terms.
27. SEVERABILITY
If any provision of these Terms is held to be invalid, unlawful or unenforceable, such provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue to remain valid and enforceable.
28. WAIVER
Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision subsequently.
29. ENTIRE UNDERSTANDING
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the terms governing your use of the Website.
However, in relation to any specific property transaction, the executed transaction documents shall govern the rights and obligations of the parties to the extent of any inconsistency, subject always to applicable law.
30. ASSIGNMENT
The Company may assign or transfer its rights and obligations under these Terms to an affiliate, successor or entity acquiring substantially all of its relevant business or assets, subject to applicable law.
The User may not assign or transfer any rights or obligations under these Terms without the Company's prior written consent.
31. NO AGENCY OR PARTNERSHIP
Nothing contained in these Terms or on the Website shall be construed as creating a partnership, joint venture, agency, employment or fiduciary relationship between the User and the Company.
No User is authorised to represent or bind the Company unless expressly authorised in writing.
32. AUTHORISED REPRESENTATIONS
32.1 Only representations and commitments made by duly authorised representatives of the Company and incorporated into appropriate written transaction documents shall be binding upon the Company.
32.2 Marketing materials, advertisements, social media posts, third-party listings and other promotional material shall not, by themselves, modify the terms of an executed agreement.
32.3 Users are advised to obtain written confirmation from the Company regarding any material representation before relying upon it.
33. NO GUARANTEE OF INVESTMENT RETURNS
Unless expressly stated in a legally binding document and permitted under applicable law, the Company does not guarantee or represent that any property will appreciate in value or generate any particular return, rental income, profit or investment benefit.
Any statement concerning potential appreciation, future development or investment prospects is indicative and should not be treated as a guarantee of future performance.
34. BROKER / CHANNEL PARTNER REPRESENTATIONS
Where the Company's properties are marketed through brokers, channel partners, agents or other intermediaries, such persons shall not have authority to modify the Company's contractual terms, provide unauthorised commitments or make representations contrary to the Company's official documentation.
The Company shall not be bound by any unauthorised representation, assurance, promise or commitment made by an intermediary, except to the extent otherwise required under applicable law.
35. FRAUD PREVENTION
Users are advised to deal only with authorised representatives and official communication channels of the Company.
The Company shall not be responsible for payments made to unauthorised persons, bank accounts, intermediaries or entities claiming to represent the Company, except where liability is imposed upon the Company under applicable law.
Before making any substantial payment, Users should independently verify the payment instructions and relevant transaction documents with the Company.
36. COMMUNICATIONS
By using the Website or submitting an enquiry, you agree that the Company may communicate with you regarding your enquiry or requested services through legally permissible communication channels.
You may request cessation of promotional communications in accordance with applicable law and the Company's applicable communication preferences.
37. ELECTRONIC RECORDS
Electronic communications, records, acknowledgements and transaction-related communications may be maintained by the Company in accordance with applicable law.
Where legally permissible, such electronic records may constitute evidence of communications between the parties.
38. UPDATES TO THESE TERMS
The Company may periodically review and update these Terms to reflect changes in:
applicable laws and regulations;
business practices;
Website functionality;
services;
security requirements; or
regulatory requirements.
The revised version shall be published on the Website with an updated “Last Updated” date.
39. CONTACT INFORMATION
For questions, concerns or clarifications regarding these Terms, please contact:
HAWK EYE REALTY VENTURES PVT. LTD.
Registered Office: Flat S2 Block 1, Amrut Regency, Judges Colony, 2nd Cross Street, Noombal, Chennai - 600 077
Administrative Office: 17/3 ICF Colony Main Raod, TNHB Phase III Scheme, Ambattur, Chennai – 600 058
Email: ssk@hawkeye-india.com
Telephone: +91 90032 53555 +91 95001 11228
Website: www.hawkeye-india.com