Terms & Conditions

Last Updated on 07 July 2024

DEFINITIONS:

Unless otherwise specified, the capitalized terms shall have the meanings set out below:

Account means and includes the account created on the Site, by the User, in accordance with the terms of the Agreement, registered with and approved by WallsnFences.com, Karving Technologies.
Agreement means and includes the Terms and Conditions, Privacy Policy, and any other such terms and conditions that may be mutually agreed upon between WallsnFences.com, Karving Technologies and the User in relation to the Services.
Applicable Law means and includes any statute, law, regulation, subordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision, or determination by, or any interpretation or administration of any of the foregoing by, any statutory or regulatory authority or government agency or any other authority, in each case having jurisdiction over the subject matter of this Agreement.
Broker means and includes all brokers, channel partners, sales agencies, and other third parties who/which negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease or such other form of transfer in relation to a plot, apartment or building, as the case may be, including marketing and promotion of such plot, apartment or building, for remuneration or fees or any other charges for their services whether as commission or otherwise and includes a person who introduces, through any medium, prospective parties to each other for negotiations and includes property dealers, brokers, middlemen by whatever name called and real estate agents as defined under the Real Estate (Regulation and Development) Act, 2016.
Computer Virus means and includes any computer instruction, information, data or programme that destroys, damages, degrades or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a programme, data or instruction is executed or some other event takes place in that computer resource.
Confidential Information means and includes all information that is not in the public domain, in spoken, printed, electronic, or any other form or medium, relating directly or indirectly to, the assets, business processes, practices, methods, policies, subscription plans, publications, documents, research, operations, services, strategies, techniques, agreements, contracts, terms of agreements, transactions, potential transactions, negotiations, pending negotiations, know-how, trade secrets, computer programs, computer software, applications, operating systems, software design, web design, work-in-process, databases, manuals, records and reports, articles, systems, material, sources of material, supplier identity and information, vendor identity and information, User identity and information, financial information, results, accounting information, accounting records, legal information, marketing information, advertising information, pricing information, credit information, developments, internal controls, security procedures, graphics, drawings, sketches, sales information, costs, formulae, product plans, designs, ideas, inventions, original works of authorship, discoveries and specifications, of WallsnFences.com and/or affiliates or their respective businesses, or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to WallsnFences.com in confidence.
Content means and includes any information and all data on the Site.
Government Authority means and includes any government, any state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory or administrative functions of or pertaining to government, or any other government authority, agency, department, board, commission or instrumentality or any political subdivision thereof, and any court, tribunal or arbitrator(s) of competent jurisdiction, and, any Government or non-Government self-regulatory organization, agency or authority; having jurisdiction over the Agreement and the Services contemplated under the Agreement.
Information Technology Act means the Information Technology Act, 2000.
Intellectual Property means and includes patents, inventions, know-how, trade secrets, trademarks, service marks, designs, tools, devices, models, methods, procedures, processes, systems, principles, algorithms, works of authorship, flowcharts, drawings, and other confidential and proprietary information, data, documents, instruction manuals, records, memoranda, notes, user guides, ideas, concepts, information, materials, discoveries, developments, and other copyrightable works, and techniques in either printed or machine-readable form, whether or not copyrightable or patentable, each of which is not in the public domain or would by its very nature fall within the public domain.
Intellectual Property Rights means and includes:
1. all right, title, and interest under including but not limited to patent, trademark, copyright under the Patents Act, 1970, Trade Marks Act, 1999 and Copyright Act, 1957 respectively; any statute or under common law including patent rights; copyrights including moral rights; and any similar rights in respect of Intellectual Property, anywhere in the world, whether negotiable or not;
2. any licenses, permissions and grants in connection therewith;
3. applications for any of the foregoing and the right to apply for them in any part of the world;
4. right to obtain and hold appropriate registrations in Intellectual Property;
5. all extensions and renewals thereof;
6. causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same;
7. any Confidential Information.
WallsnFences.com means and includes Karving Technologies, a company incorporated under The Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2018, having its registered office at Pune, India, including its officers, directors, employees, and representatives along with its Site.
Privacy Policy means and includes the privacy policy of WallsnFences.com more particularly described in Section II.
Prohibited Conduct means and includes the User's use of the Service in contravention of the Agreement and Applicable Law; violation of or the abetment of violation of third-party rights; infringement or misappropriation of WallsnFences.com's or any person's Intellectual Property Right; attempt to gain or assist another person/User to gain unauthorized access to the Site and/or Services or its related systems or networks; creation of internet links to the Site or "frame" or "mirror" any content on any other server or wireless or Internet-based device; sending spam, duplicated or unsolicited messages; usage or storage of obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or in violation of third-party privacy rights leading to harassment, annoyance, anxiety, or inconvenience to any person; modifying or making derivative works based upon the Service and/or impersonation in relation to any person or entity, claiming a false affiliation, accessing any other Account without permission, or falsely representing User Information.
Registration Data means and includes the mobile number, e-mail address, username, and such other particulars and/or information as may be required by WallsnFences.com and supplied by the User on initial application and subscription.
Personal Information means and includes details of Aadhaar Card, PAN Card, biometric information, financial information such as bank account, debit card, credit card details and such other sensitive information, of the User, and/or concerned person which personally identifies such User and/or person.
Services means and includes the services provided by WallsnFences.com within the territory of India to the User of the Site and shall include the provision of:
1. Connecting tenants and owners to find each other without paying any brokerage.
2. Services to the Users who wish to post their listings for the purposes of renting their property.
3. Services to the Users who wish to secure/buy a property through the Site.
4. Services to the Users pertaining to paperwork and documentation processing, relating to lease agreement registration, bank franking, police verification, and society approvals with regard to the rental property listed on its website.
5. Services to those who wish to purchase advertising space for their products or services on the Site.
6. Services to the Users who wish to receive advertisements and promotional messages on the Site and through emails and text messages.
7. Providing residents with a building-specific network to enable interaction with neighbors for sharing knowledge of the neighborhood.
8. Services to the Users allowing them to pay rental money to the other Users through the Site using third-party payment gateways.
9. Connecting the Users to various Third Party Service Providers for the provision of other related services.
Site means and includes the website owned, operated, and managed by Karving Technologies at the URL www.WallsnFences.com and also includes the mobile application owned, operated, and managed by Karving Technologies.
Terms and Conditions means and includes the terms and conditions contained in the Agreement more particularly set out in Section I.
Third Party Service Provider means and includes any service provider with whom WallsnFences.com has an agreement for the purposes of making services in addition to the Services available for the User.
User means any person who accesses the Site or avails Services on the Site for the purposes of hosting, publishing, sharing, transacting, displaying or uploading information or views, and whether as a tenant or as an owner looking for potential tenants, including other persons jointly participating in using the Site.
User Information means and includes Registration Data, Personal Information, and any other data, details or information in relation to the User, provided by the User to WallsnFences.com in relation to the Services, whether through the Site, e-mail or any other form of communication, agreeable to the User and WallsnFences.com.

INTERPRETATION

Unless the context otherwise requires or a contrary indication appears:

Reference to any legislation or law shall include references to any such legislation or law as it may from time to time be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.
Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization, or governmental agency and shall include their respective successors and permitted assigns and in case of an individual shall include their legal representatives, administrators, executors and heirs, and in case of a trust shall include the trustee or the trustees for the time being.
Headings to Sections and Clauses are for ease of reference only and shall be ignored in the construction of the relevant Sections and Clauses.
The singular includes the plural and vice versa and words importing a particular gender include all genders.
The words ‘other' or ‘otherwise' and ‘whatsoever' will not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to.

ACCEPTANCE OF THE TERMS AND CONDITIONS

WallsnFences.com agrees to provide the User with and the User agrees to avail from WallsnFences.com the Services in accordance with and on the basis of this Agreement. The User's acceptance of the Terms and Conditions and Privacy Policy constitutes the Agreement between the User and WallsnFences.com, which shall replace all previous arrangements between the User and WallsnFences.com in relation to the Services and access to the Site.

The User undertakes to be bound by the Agreement each time the User accesses the Site or completes the registration process.

The User represents and warrants to WallsnFences.com that they are 18 (eighteen) years of age or above, and are capable of entering into, performing and adhering to the Agreement. Individuals under the age of 18 (eighteen) may access the Site or avail a Service only with the involvement, guidance, supervision and/or prior consent of their parents and/or legal guardians, through the Account of or under the guidance of such parent/legal guardian. WallsnFences.com shall not be responsible for verifying if the User is at least 18 years of age.

ACCESS TO THE SITE

First-time Users can access the Site for preliminary browsing without creating an Account.
The User undertakes and agrees to provide User Information, upload Content, and create an Account in order to retrieve specific information and avail the Services.
WallsnFences.com shall verify the Account by requesting a one-time password from the User. The User undertakes and agrees that a mobile number can only be used once to create an Account. The User is prohibited from creating multiple Accounts and WallsnFences.com reserves the right to conduct appropriate verification to detect such multiplicity of Accounts and take appropriate action.
The User undertakes to cooperate with any of WallsnFences.com's personnel in connecting with the User's access to the Site, as may be required by WallsnFences.com.

SUBSCRIPTION PLANS

WallsnFences.com offers a combination of Services which the User may subscribe to, subject to the need of the User, upon payment of applicable fees.
The subscription fee paid by the User is non-refundable except when the User selects the Money Back Plan, if any, as detailed on the Site.
WallsnFences.com reserves the right to revise the fee of any subscription plan without notice to the User at any time prior to, at the time of, during the tenor, or post-subscription of the plan by the User. WallsnFences.com shall intimate the User of such revised fees and the User undertakes to pay to WallsnFences.com the difference in the amount after such revision.

USER INFORMATION

WallsnFences.com shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and Intellectual Property Rights of and/or in relation to the User Information.
WallsnFences.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Information, in whole or in part.
WallsnFences.com reserves the right to withhold access, remove or discard any User Information from the Site, in whole or in part at its sole discretion.
WallsnFences.com shall have the right but not an obligation to maintain or forward any User Information and to verify the authenticity of any User Information made available to it through the Site or otherwise.

RIGHTS OF WallsnFences.com

WallsnFences.com, at all times, reserves the right to reject or disable an Account in the event of the User's violation of any Applicable Law or anything done by the User in contravention of this Agreement and including but not limited to any other reason in relation to the safe and secure operation of the Site.
Subject to Applicable Law, WallsnFences.com has an internal infrastructure in order to conduct a background check and verification of the User Information and the Account to ensure that Brokers are not registering themselves on the Site. In the event, a User is detected as a Broker, WallsnFences.com has the right to reject or disable such an Account without cause.
WallsnFences.com has the right to modify, suspend or terminate all or any part of the Services including its features, structure, fees and layout, and/or suspend or deactivate, whether temporarily or permanently, the User Account and/or User's access to the Site, at any time, without any prior notice to the User.
WallsnFences.com shall endeavor to provide the User with advance notice, without any obligation to do so, of any suspension or deactivation of the Site for the purposes of repair, any inspection or testing by a Government Authority, or for maintenance, upgradation, testing, or any other reason as WallsnFences.com may deem fit. WallsnFences.com shall use its best efforts to rectify any disruption or error on the Site and restore regular operations of the Site.
WallsnFences.com has the right to issue notifications, confirmations, and other communications to the User on the Site, through email, text message or any other form as may be agreed to by the User and/or send promotional or other relevant information in relation to the Services to the User. WallsnFences.com may also send users occasional email bulletins unless the Users have opted not to receive these emails. These emails may also contain neighborhood information, tips, and suggestions, or any other offer provided by a third party. WallsnFences.com does not take any responsibility for the validity of any of these offers. The Users shall have the right to unsubscribe from receiving any such notifications or promotional information at any time by sending a mail to [email protected].

EUROPEAN UNION DATA PROTECTION RIGHTS

Subject to applicable law and in accordance with the European Union General Data Protection Regulations (EU GDPR), WallsnFences.com acknowledges and undertakes to comply, on a best-effort basis, with the rights available to its users of European nationality/EU residents set out below:

The right to know the purposes for which the user information will be collected and used;
The right to access information that personally identifies the user;
The right to rectify incorrect information;
The right to delete or remove information after discontinuation of the services;
The right to data portability;
The right to restrict data or information from being processed; and
The right to opt out of providing or sharing information with WallsnFences.com.

Users of WallsnFences.com to whom the EU GDPR applies understand and acknowledge that these rights shall, at all times, be subject to applicable law and are not an exhaustive list of the rights available pursuant to the EU GDPR. The relevant users may exercise any of these rights by raising a personal and direct request with WallsnFences.com at [email protected].

USE OF INFORMATION

WallsnFences.com undertakes that the procurement, storage, usage, and dissemination of all information, including user information and/or content, as the case may be, pursuant to this agreement, shall at all times, including upon expiration of the services or termination of the agreement with the user, be in accordance with the Information Technology Act 2000, the rules made thereunder, and other relevant applicable laws.

The user hereby irrevocably and unequivocally authorizes WallsnFences.com to utilize user information for purposes including those set out below:

Provision of services in accordance with the agreement;
Disclosure of user information to its directors, officers, employees, advisors, auditors, counsel, or authorized representatives on a need-to-know basis for the provision of the services;
Contacting a third-party service provider and/or facilitating/enabling the services of a third-party service provider for the user pursuant to the arrangement between WallsnFences.com and such third-party service provider;
Conducting internal studies, consumer research, surveys, and preparing reports in connection with the services;
Entering the registration data for an account or receiving alerts, contacting a property seller/buyer; and
Sending alerts, contact details, promotional messages, and promotional calls, whether by WallsnFences.com itself or through its partners/vendors and sub-partners/sub-vendors;
Disclosing to third parties (including law enforcement agencies and the user's building management personnel) personally identifiable information where WallsnFences.com has reasonable cause to believe that the users are guilty of any prohibited conduct.

Third Party Services

Subject to the need and request of the user, WallsnFences.com shall engage, directly or indirectly, the services of third-party service providers from time to time in order to provide the services to the users, in accordance with the terms and conditions separately agreed to between WallsnFences.com and such third-party service provider.

WallsnFences.com may recommend services of a third-party service provider to the user to provide a one-stop-shop experience in relation to ancillary services, including but not limited to packaging and moving furniture, neighborhood information, or doorstep registration facilities to the user.

WallsnFences.com shall have the unequivocal consent of the user to share user information, in whole or in part, with the third-party service provider, without intimation to the user.

The site may serve as a platform for relevant and interested third-party service providers for the purposes of advertising or promoting their services in relation to the services provided by WallsnFences.com.

Nothing contained herein shall constitute or be deemed to constitute an agency, partnership, or association of persons for and on behalf of WallsnFences.com or any third-party service provider. The arrangement specified in this clause is strictly executed on a principal-to-principal basis, and each concerned person shall be bound by their distinct responsibilities, rights, liabilities, and obligations in accordance with the relevant bilateral agreement between such persons.

Tailored Advertising

The user acknowledges and agrees that third-party service providers may use cookies or similar technologies to collect information about the user's pattern of availing the services in order to inform, optimize, and provide advertisements based on the user's visits on the site and general browsing pattern, and report how third-party service providers' advertisement impressions, other uses of advertisement services, and interactions with these impressions and services are in relation to the user's visits on such third party's website.

WallsnFences.com also permits third-party service providers to serve tailored advertisements to the user on the site and further permits them to access their own cookies or similar technologies on the user's device to access the site or avail the services.

The user undertakes and agrees that when accessing the services from a mobile application, the user may also receive tailored in-application advertisements. Each operating system provides specific instructions on the prevention of tailored in-application advertisements.

It is to be noted that WallsnFences.com does not guarantee the accuracy, integrity, or quality of any content provided by such third-party service providers. Further, the users' interactions with such third-party service providers found on or through the services provided by WallsnFences.com on the site, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the users and the third-party service providers. In no event shall WallsnFences.com be liable for any damages arising out of any interaction between the user and such third-party service provider. The information provided on the site is provided to the users on an "AS IS, WHERE IS" basis.

WallsnFences.com PLATFORM

The users agree and acknowledge that WallsnFences.com is only an online platform that allows users to interact with each other for the purpose of listing their property on the site and/or searching for appropriate options. The users further understand and accept that:

The users are ultimately responsible for choosing and/or interacting with other users on the site, and WallsnFences.com is only a facilitator that shall not be held responsible or liable for the selection and/or interaction of the users with other users on the site.
WallsnFences.com may provide the users with profile previews of other users who may be suitable to tender to the requirements of the users based on information that the users provide to WallsnFences.com. Please note that WallsnFences.com does not recommend or endorse any other user (i.e., it does not endorse any house owners and tenants registered on the site); and
WallsnFences.com does not make any representations or warranties with respect to the other users or the property listed by them. WallsnFences.com shall not be liable, for any reason whatsoever, for any disputes amongst the users, and there is no liability on WallsnFences.com for the consequences that the users may be subjected to while dealing with other users on the site.

Information regarding all the users and/or any third party whose services the users avail through the site as displayed on the site is intended for general reference purposes only. Such information is mainly self-reported by the users and/or the third party and may change from time to time or become outdated or inaccurate. The users are encouraged to independently verify any such information they see on the site with respect to the other users or the property listed by them.

The users understand and agree that any interactions and associated issues with the other users and/or the third parties with whom the users interact through the site or the third party whose services the users avail through the site, including but not limited to any service-related issues, any prohibited conduct issues, or any fraudulent activity, are strictly amongst the users and/or the third party. The user shall not hold WallsnFences.com responsible for any such interactions and associated issues. If the users decide to engage with other users, the users do so at their own risk.

WallsnFences.com cannot assure that all the transactions will be completed, nor does WallsnFences.com guarantee the ability or intent of the users to fulfill their obligations under any transaction. WallsnFences.com advises the users to perform their own investigation prior to selecting and/or interacting with other users on the site.

WallsnFences.com PAY TERMS & CONDITIONS

Role

Any registered user of the site may choose to make rent payments, maintenance payments, and payment of security deposits/token amounts through the payment gateway(s) authorized by WallsnFences.com. In this regard, the users are asked to provide customary billing information such as name, financial instrument information, which shall include the bank account number, IFSC code of the user, the details of the landlord to whom the payment has to be made, and the address of the property with regard to which the rent or security deposit is to be paid. Users may also be asked to provide a copy of the rental agreement pursuant to which such rent payments are being made. The users must provide accurate, current, and complete information while making the payment through the site, and it shall be the user's obligation to keep this information up-to-date at all times. The users are solely responsible for the accuracy and completeness of the information provided by them, and WallsnFences.com shall not be responsible for any loss suffered by the user as a result of any incorrect information, including payment information provided by the users.

Except for WallsnFences.com's limited role in processing the payments that registered users authorize or initiate, WallsnFences.com is not involved in any underlying transaction between the user, any other user, any third person, or any service providers. WallsnFences.com is not a bank and does not offer any banking or related services. WallsnFences.com may use the services of one or more third parties (each a "Processor") to provide the service and process the user's transactions. Further, WallsnFences.com does not guarantee payment on behalf of any registered user, other user, or processor and explicitly disclaims all liability for any act or omission of any user or processor. WallsnFences.com is neither an agent of the lessor or lessee nor any registered user. WallsnFences.com acts solely as an intermediary which facilitates payments between the registered users making the payment and the intended third-party beneficiaries.

Authorization

The user acknowledges that WallsnFences.com is authorized by the user to hold, receive, and disburse funds in accordance with the user's payment instructions provided through the site for the purposes of facilitating the transfer of monies to the intended beneficiary as specified by the user on the site.

Fees

The user agrees that they may be charged a service charge by WallsnFences.com for using the site to make rental payments or payment of security deposits.

Transaction Limits

WallsnFences.com may delay, suspend, or reject a transaction for any payment(s) for any reason, including without limitation if WallsnFences.com suspects that the transaction subjects it to financial or security risk or is unauthorized, fraudulent, suspicious, unlawful, in violation of the terms of this agreement, subject to dispute, or otherwise unusual.

Chargebacks

The amount of a transaction may be charged back or reversed to the user (a "Chargeback") if the transaction:

Is disputed by the sender;
Is reversed for any reason;
Was not authorized, or WallsnFences.com has reason to believe that the transaction was not authorized;
Is allegedly unlawful, suspicious, or in violation of the terms of this agreement.

The users owe WallsnFences.com and will immediately pay WallsnFences.com the amount of any chargeback and any associated fees, fines, or penalties assessed by WallsnFences.com's processor, processing financial institutions, or payment networks.

Liability

The Users agree not to hold WallsnFences.com responsible and/or liable for any issue or claim arising out of any dispute whatsoever between the User and the Processor and/or the User and the User’s bank or financial institution. Additionally, please note that WallsnFences.com shall not be responsible for any additional fees or charges deducted by the Processors while processing payments in connection with the User’s transaction and WallsnFences.com disclaims all liability in this regard. Further, the Users may also be subject to additional terms and conditions imposed by such Processors and the Users should review these terms and conditions before authorizing any payments through the Processors.

Fraud and restrictions

WallsnFences.com may ask for additional documents (like Rental Agreement, Owner/Tenant PAN, Maintenance Bill) where it deems necessary, including in case the transaction looks suspicious. [WallsnFences.com will refund the full amount (excluding the nominal processing fees collected by WallsnFences.com) without any deductions if WallsnFences.com determines it is not a valid rent/token/security deposit/ maintenance payment or if such payment is fraudulent. A valid rent/security deposit payment is one where there exists a legally valid rental agreement between the tenant and the landlord with the rent amount equivalent to what is being transferred on WallsnFences.com Pay. A valid maintenance payment is one where there exists a maintenance bill between the payer and the society/RWA.

Refunds

[In case, WallsnFences.com is not able to facilitate transfer of the rent amount to the beneficiary account due to any technical difficulties, WallsnFences.com will refund the payment back to the source.] The Users are advised not to transfer the rent directly to the landlord until a refund ID is generated and sent to the Users through email and SMS.

The Users acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of the User’s access to and use of the payment Services remains with the Users. If the Users permit or authorize another person to use their WallsnFences.com account in any way, the Users shall be responsible for the actions taken by that person. Neither WallsnFences.com nor any other party or Processor involved in creating, producing, or delivering the payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these payments terms.

WallsnFences.com Packers and Movers Terms & Conditions

Risk of Consignment: The consignments accepted for dispatch through our lorries are carried entirely at the owner's risk. Users are advised to keep their cash, jewelry, and valuables in safe custody during the course of the service. The use of rope for goods transfer is at the sole discretion of the Users. Any concerns the Users may have during or after the service should be immediately brought to our notice. WallsnFences.com shall not be liable for any mishaps or for any loss or damage other than negligence that the Users may incur in connection with engaging the services. All agreements and damage claims arising from the service must be brought to the notice of the company through our helpdesk.
Insurance of Freight: Users are advised to assess the inventory properly for any damages before handover. WallsnFences.com recommends the ‘Insurance of Freight'.

Particulars of the WallsnFences.com Transit Insurance:

For any missing item, the User must immediately obtain a Non-delivery Certificate (NDC) or shortage form from the Company. In the absence of an NDC, the claim will not be processed.
Claims related to missing items must be made within 2 days from the completion of the service.
If damage occurs during delivery, the User must immediately obtain an LR copy and a damage report certificate from the Company.
Premises Accessibility: To ensure smooth service, the Users are required to inform WallsnFences.com in advance if the vehicle can enter the premises or lane, the distance from the vehicle to the lift/house gate, and the maximum time the vehicle can remain on the premises.
Packing Materials: The packing materials used by WallsnFences.com are the property of the company and will be taken back on the same day of unloading. If not returned, rent will be charged as per the policy.
Fee Adjustments: The fees quoted by WallsnFences.com are subject to change based on various factors. If the movement date, inventory, or distance changes after payment confirmation, a revised quotation may be provided. The fees charged by WallsnFences.com do not include dismantling work (such as carpentry, electrical fittings), Mathadi (Union Labour & related) charges, or arranging work (e.g., pipes, gas filling, extra wire, fittings). Materials for such tasks will be purchased separately at the User's expense.
Payment Mode: The mode of payment for the service will be determined at the sole discretion of WallsnFences.com.
Unforeseen Circumstances: If, due to unforeseen circumstances, it is not reasonably practicable for either party to perform the service, the liability, if any, shall be limited to the token amount paid by the User for the service. If the User cancels the service after WallsnFences.com reaches the pickup location, the transportation charges will be borne by the User. However, the token amount will be fully refundable if the service is cancelled at least 1 day before the service date.
Unavailability of Service in Kerala: Please note that unloading and unpacking services are not available in the state of Kerala, India.

CREDIT BUREAU CREDIT SCORE TERMS & CONDITIONS

BY EXECUTING THIS AGREEMENT / CONSENT FORM, THE USER EXPRESSLY AGREES TO ACCESS THE CREDIT BUREAU CREDIT INFORMATION REPORT AND CREDIT SCORE, AGGREGATE SCORES, INFERENCES, REFERENCES, AND DETAILS (AS DEFINED BELOW) (TOGETHER REFERRED TO AS "CREDIT INFORMATION"). THE USER HEREBY ALSO IRREVOCABLY AND UNCONDITIONALLY CONSENTS TO SUCH CREDIT INFORMATION BEING PROVIDED BY THE CREDIT BUREAU TO THE USER AND WALLSNFENCES.COM THROUGH THE USE OF CREDIT BUREAU TOOLS, ALGORITHMS, AND DEVICES, AND THE USER HEREBY AGREES, ACKNOWLEDGES, AND ACCEPTS THE TERMS AND CONDITIONS SET FORTH HEREIN.

Information Collection, Use, Confidentiality, No-Disclosure, and Data Purging:

WallsnFences.com shall access the User's credit information as the User's authorized representative, and WallsnFences.com shall use the credit information solely for the limited end-use purpose related to the services the User intends to avail from WallsnFences.com. WallsnFences.com shall not aggregate, retain, store, copy, reproduce, republish, upload, post, transmit, sell, or rent the credit information to any other person. The information cannot be copied or reproduced other than as agreed herein and in furtherance of CICRA. The parties agree to protect and maintain the confidentiality of the credit information both online and offline. The credit information shared by the User, or received by WallsnFences.com on the User's behalf, shall be destroyed, purged, or erased promptly within one (1) Business Day from the completion of the transaction or end-use purpose for which the credit information report was procured.

Credit bureau may include Equifax or Experian.

Definitions:

Capitalized terms used herein but not defined above shall have the following meanings:

"Business Day" means any day (other than a public holiday) on which banks are open for general business in Mumbai.
"Credit Information Report" means the credit information, scores, aggregates, variables, inferences, or reports which shall be generated by the Credit Bureau.
"Credit Score" means the score that will be mentioned in the Credit Information Report, computed by the Credit Bureau.
"CICRA" refers to the Credit Information Companies (Regulation) Act, 2005, read with the Credit Information Companies Rules, 2006, and the Credit Information Companies Regulations, 2006, and includes any other rules and regulations prescribed thereunder.

CONTENT ON THE SITE

WallsnFences.com shall make efforts to ensure that the content on its site is monitored to avoid any contravention of Applicable Law and this Agreement. In this regard, the Users represent and warrant that they shall not:

Attempt or assist anyone else in gaining unauthorized access to the Site or WallsnFences.com's related systems or networks (including, but not limited to, impersonating another User or using a false identity or address to gain access to the Site);
Use the Site to violate the Intellectual Property Rights of any person (including, but not limited to, posting pirated music, computer programs, or links to such material on the Site or the User's Profile);
Send spam or otherwise send duplicative or unsolicited messages in violation of Applicable Laws;
Send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violative of third-party privacy rights;
Send or store material containing harmful software such as viruses, worms, Trojan horses, or other malicious code, files, scripts, agents, or programs;
Interfere with or disrupt the integrity or performance of the Service or its data;
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Service or any content contained in or made available through the Service;
Modify or make derivative works based on the Service or the Content of WallsnFences.com;
Create internet "links" to the Site or "frame" or "mirror" any content on any other server or device;
Reverse engineer or access the Service to:
- Build a product competitive with the Service,
- Build a product using ideas, features, functions, or graphics similar to those of the Service, or
- Copy any ideas, features, functions, or graphics contained in the Service.

USER GENERATED CONTENT

The Site may contain user-generated content ("UGC"), which WallsnFences.com does not pre-screen, and which may reflect the opinions of Users or experts. These views do not represent WallsnFences.com's opinions, beliefs, or values. WallsnFences.com does not claim any ownership rights to the text, files, images (including photos), videos, sounds, musical works, or any UGC submitted or published by Users on the Site. After posting any UGC on the Site, Users continue to own the rights they may have in that UGC, subject to the limited license set out here. WallsnFences.com will make its best efforts to monitor, edit, or remove such UGC when it deems necessary. However, WallsnFences.com does not guarantee the accuracy, completeness, or updating of content on the Site, nor does it guarantee that the content will not offend or upset any person or infringe upon third-party Intellectual Property Rights.

Users expressly acknowledge and agree that WallsnFences.com will not be liable for any losses or damages (whether direct or indirect) caused by any activity undertaken by the User based on any UGC.

INTELLECTUAL PROPERTY

WallsnFences.com respects the Intellectual Property Rights of others and expects its Users to do the same. The User is solely responsible for the ownership or right to use any information submitted via the Site. The User may not use the Site to transmit or reproduce another person's Intellectual Property. The User shall be liable for any infringement of WallsnFences.com's Intellectual Property Rights, including but not limited to the following acts:

Misrepresenting User information or content as their own property;
Using the content directly or indirectly, publicly or privately, to charge brokerage from Users or third parties;
Using the content to display broker-like behavior.

The User shall not upload, post, or otherwise make available on the Site any Intellectual Property without the express permission of the concerned owner, and the User shall be solely liable for any damage resulting from any infringement of such Intellectual Property.

WallsnFences.com reserves the right to initiate appropriate legal proceedings against any User or third party for the infringement of its Intellectual Property Rights, in accordance with Applicable Law.

The User further accepts and agrees that WallsnFences.com shall retain Intellectual Property Rights on all information and data provided or shared by the User on the Site.

OPERATIONAL HAZARDS / COMPUTER VIRUS ATTACKS

WallsnFences.com does not warrant that the Site or any other software utilized by the company for internal purposes shall remain free from harmful components or operational hazards such as computer viruses, worms, trojans, or other related components that might pose a threat to the information held by WallsnFences.com.

WallsnFences.com will endeavor to keep the Site secure from bugs, viruses, or other technical issues in compliance with industry best practices. However, the company will not be held liable for any damage or injury caused due to performance issues, errors, omissions, interruptions, deletions, defects, delays in operation, computer viruses, link failures, site crashes, malfunctions, software/hardware issues, unavailability of networks, communication line failures, theft, destruction, or unauthorized access to or alteration of information, whether due to negligence or otherwise.

RENTAL AGREEMENT

When the User chooses to avail the rental agreement services from WallsnFences.com, the User and the concerned property owner shall provide Personal Information as required for successful completion of the rental agreement registration.

For the purposes of this Agreement, the User and the concerned property owner agree:

Not to hold WallsnFences.com liable for any dispute that may arise between them at any time;
Not to hold WallsnFences.com liable for any loss or damage incurred due to fraudulent, negligent acts, or prohibited conduct by another User;
To bear the registration or stamp duty charges on the rental agreements or any associated agreements as per Applicable Law and not hold WallsnFences.com liable for any penalties due to insufficient payments;
Not to hold WallsnFences.com liable for any damages incurred due to sharing information for registering the rental agreement;
To disclose additional information to third parties and/or WallsnFences.com as may be required to complete the registration process.

DISCLAIMER

The information and opinions available on the Site in relation to the Services are mere guidelines for the purposes of providing general information on the subject. The exchange of property and any other information through or on the Site is not an offer and/or recommendation from/by WallsnFences.com.

The Content should not be regarded as legal, financial, or real estate advice for the User. WallsnFences.com advises the User to make independent inquiries and obtain professional advice before making legal, financial, or real estate decisions. The measurements, prices, and locations provided on the Site are approximate, and no responsibility is taken by WallsnFences.com for any error, omission, or misunderstanding in construing those particulars.

The Services are chosen and used at the User's risk and discretion, and WallsnFences.com makes no representations or warranties, express or implied, to the User in relation to the Services or otherwise regarding this Agreement, including the implied warranties of merchantability and fitness for a particular purpose.

The User understands and acknowledges that the User assumes certain risks prior to interacting with other Users, persons, or Third-Party Service Providers on and through the Site. The User shall be solely responsible for such User's personal assessment of specific requirements with regard to interaction with other Users, persons, or Third-Party Service Providers.

WallsnFences.com expressly disclaims any liability or responsibility whatsoever arising from any Content/listing posted on the Site, made available to WallsnFences.com by any User or any third party, or any deficiency in service caused to the User due to a Third-Party Service Provider.

WallsnFences.com does not warrant the Services or the results obtained from the use of the Services, nor that the Services will meet the User's expectations or requirements, or that the Site will be uninterrupted or free from any technical errors.

WallsnFences.com is not responsible for the accuracy or reliability of any third-party reports, market information, studies, and analysis made available on the Site, nor for any external web links mentioned on the Site.

WallsnFences.com does not have the obligation to physically meet, conduct background or police verification of the Users. The terms “genuine verified owner” and “genuine verified tenants/buyers” on the Site refer to WallsnFences.com's algorithm-based technological process, whereby Brokers are prohibited from accessing the Site and availing the Services. This is on a best-effort basis and has its limitations. WallsnFences.com accepts User Information in good faith and shall not be held responsible with regard to the bonafides of the Users.

WallsnFences.com shall not be liable for any damages, expenses, costs, or losses incurred from the User's engagement in Prohibited Conduct and availing services of Third-Party Service Providers.

WallsnFences.com shall not be held liable or responsible for indemnifying, refunding, or reimbursing any User for any loss, damages, or expenses suffered or incurred by such User as a consequence of the suspension or deactivation of the User's Account.

WallsnFences.com shall not be liable for any third-party fees, costs, charges, or expenses incurred by the User for accessing the Site or availing the Services. WallsnFences.com shall not be liable in respect of any disputes or legal proceedings between the User and such third party for any reason whatsoever. Any such disputes or proceedings shall be resolved outside the Site without any reference or recourse to WallsnFences.com.

WallsnFences.com neither has access to, nor does the Agreement govern the use of cookies or other tracking technologies that may be placed by Third-Party Service Providers on the Site. These parties may permit the User to opt-out of tailored advertisements at any time. However, to the extent advertising technology is integrated into the Services, the User may still receive advertisements and related updates even if they choose to opt-out of tailored advertising. WallsnFences.com assumes no responsibility or liability whatsoever for the User's receipt or use of such tailored advertisements.

WallsnFences.com shall not be liable for the non-performance, defective performance, or late performance of any of the Services or any of its obligations under this Agreement to such extent and for such period of time if such non-performance, defective performance, or late performance is due to acts of God, war (declared or undeclared), civil insurrection or unrest, acts (including failure to act) of any Governmental Authority, riots, revolutions, fire, floods, strikes, lock-outs, or industrial action.

GRANT OF RIGHTS TO WallsnFences.com'S FINANCE PARTNERS

Notwithstanding anything contained herein and in WallsnFences.com's Privacy Policy, the User authorizes WallsnFences.com to share with its finance partners any and all information that the User may provide in relation to the use of the Site for availing the products and/or services of WallsnFences.com's finance partners.

By clicking on the "Apply Now/Submit" tab:

The User agrees and authorizes WallsnFences.com's finance partners to contact the User and communicate with the User over emails, telephonic calls, or SMS on the mobile number mentioned on the Site, or through any other communication mode, to verify the details provided by the User on the Site or during registration on the Site.
The User confirms that the User would like to know through the above-mentioned communication modes about various offers and promotion schemes relating to various products/services offered by WallsnFences.com's finance partners or its group companies, from time to time.
The User further agrees and confirms that the laws in relation to unsolicited communication referred to in the "National Do Not Call Registry" (the "NDNC Registry") as laid down by the Telecom Regulatory Authority of India will not be applicable for such communication/calls/SMS received from WallsnFences.com's finance partners, its group companies, employees, representatives, and/or agents.
The User authorizes WallsnFences.com's finance partners to exchange and share all information and details, as provided by the User on the Site, with third parties, including but not limited to WallsnFences.com's finance partners' group companies, service providers, financial institutions, credit bureaus, telecommunication companies, statutory bodies, etc., for customer verification, personalization of products or services, credit rating, data enrichment, marketing or promotion of services or related products of WallsnFences.com's finance partners or that of its associates and affiliates or for enforcement of the User's obligations. In this regard, the User agrees that it shall not hold WallsnFences.com's finance partners (or any of its group companies or its/their employees/agents/representatives) liable for using/sharing of the information as stated above.
The User understands and agrees that pursuant to this application form, the User will be required to submit documents to the satisfaction of WallsnFences.com's finance partners and accept the loan terms and conditions as prescribed by WallsnFences.com's finance partners in relation to the products and/or services applied by the User.

“I, as a subscriber/User of the services offered through the web portal WallsnFences.com, do hereby expressly authorize WallsnFences.com and any of their business associates to call/SMS my/our registered phone numbers (as provided by me/us to WallsnFences.com). I hereby expressly state that such authorization shall override the national Do-Not-Disturb Registry (“DND”), even if the phone numbers in question are registered under the DND list of national Consumer preference registry (NCPR/NDNC). I/We also undertake that I/We will not make any complaints to NDNC for any calls received from WallsnFences.com services/products, and shall indemnify WallsnFences.com and any of its business associates for having engaged in any such practice. I realize, acknowledge, and expressly authorize WallsnFences.com to make the initial communication (via Call/SMS/Email/WhatsApp) for the purposes of confirmation of my credentials provided by me. I hereby authorize WallsnFences.com and its business associates to continue contacting me via any of the modes of communication listed above, till such time as I expressly opt-out/unsubscribe from the service offered by WallsnFences.com. Till such time, WallsnFences.com and its business associates shall have all rights to continue communicating with me, and I shall completely indemnify them against any liability that may arise as a result of such authorization to communicate. Such indemnification shall extend to court cases and suits and all lawyer/advocate fees, even if the dispute is never subjected to judicial scrutiny.”

LIMITATION OF LIABILITY

WallsnFences.com's total aggregate liability under this Agreement and in relation to anything which WallsnFences.com has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of WallsnFences.com arises.

INDEMNITY

WallsnFences.com and its officers, directors, employees, and agents collectively at all times shall be held indemnified against any losses, costs, expenses, claims, suits, and/or damages (including reasonable attorney fees) incurred and/or suffered by WallsnFences.com, whether directly or indirectly, resulting from an act or a failure to act, of any User, person, or Third-Party Service Provider for any reason whatsoever and against any claims, suits, and/or legal proceedings initiated by third parties, including but not limited to the User's:

Breach of any terms of this Agreement;
Third-party claims arising from an infringement or alleged infringement of such third party's Intellectual Property;
Claims made by any Government Authority due to the User's violation of Applicable Law; or
Actual or alleged gross negligence or willful misconduct in connection with the User's use of the Services or this Agreement.
A fraudulent act committed by a User which results in loss or damage, suffered or incurred by any other User or by any third party.

REAL ESTATE REGULATORY AUTHORITY

For the purposes of this Agreement and Services related thereto, it shall be deemed that the Users are aware of the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India. WallsnFences.com recommends that the Users periodically visit the concerned RERA website for updates and information in relation to any property listed on the Site, prior to finalizing any deal or transaction.

WallsnFences.com does not endorse or advertise any property listed on the Site and shall not be held liable for listing any property on its Site where such property is in violation of the rules made under RERA of the concerned state. Further, it shall not be deemed by the Users that WallsnFences.com has any connection or relation with the parties listing their properties on the Site.

USER GRIEVANCE

Any User grievance relating to the discrepancies or misuse of information provided to WallsnFences.com may be addressed to the grievance officer, whose details are provided below, appointed by WallsnFences.com for this purpose.

Name: Jayesh Naik
Designation: Vertical Head
Email Id: [email protected]

The grievance officer shall address the grievance within one month of the date of receipt of such grievance from the User.

GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs) / REPORT A FRAUD

Law Enforcement Agencies (LEAs) can send legal requests/notices to us at [email protected] or [email protected] for assistance with user details. Additionally, if you have any queries, you can also call our Customer Helpline at +91 8830362687, available seven days a week, between 10:00 AM to 6:00 PM. We will try to respond within 72 hours of receiving the request.

WAIVER AND SEVERABILITY

No failure or delay by WallsnFences.com in exercising any right or remedy shall operate as a waiver of that right or remedy.

In the event that any of the terms and conditions of this Agreement are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not render the remaining terms and conditions invalid or unenforceable as a whole.

The invalid or unenforceable provision shall be construed in a manner that reasonably reflects the original intent of the party (in this case, WallsnFences.com) while drafting it.

AMENDMENT

WallsnFences.com reserves the right to change, update, or modify this Agreement, in whole or in part, without prior notice to the User. However, a notification of such changes, updates, or modifications will be made available on the Site.

The User's uninterrupted and continued use of the Services and the Site shall be deemed as acknowledgment and acceptance of the changes, updates, or modifications to this Agreement.

GOVERNING LAW AND JURISDICTION

Any action, claim, dispute, or difference arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination (hereinafter referred to as "Dispute") shall be governed by and construed in accordance with the laws of India. The courts in Pune shall have exclusive jurisdiction over any Disputes arising from this Agreement.

Notwithstanding anything to the contrary herein, WallsnFences.com shall not be restricted from instituting proceedings in courts or tribunals outside Pune that it may, in its sole discretion, deem appropriate and convenient.