Terms Of Use
Last updated: 07 June 2025
These Terms of Use govern access to and use of www.yhataw.com, operated by YHATAW Real Estate Facilitators Pvt. Ltd.
General
- This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
- This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.yhataw.com.
- The domain name www.yhataw.com ("Website"), is owned and operated by YHATAW Real Estate Facilitators Pvt. Ltd. ("Company") a Private Company limited by shares, incorporated under the provisions of the Companies Act, 2013, and having its registered office at Corporate Office 3rd Floor, 306, Time Tower Metro Station, Mehrauli-Gurgaon Rd, Indian Airlines Pilots Society, Sushant Lok Phase I, Sector 28, Gurugram, Haryana 122002, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- For the purpose of these Terms of Use ("Terms"), wherever the context so requires: the term 'You' & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872; the terms 'We', 'Us' & 'Our' shall mean the Website and/or the Company, as the context so requires; the terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of the Website by the User is solely governed by these Terms as well as the Privacy Policy ("Policy", available at website), and any modifications or amendments made thereto by the Company from time to time, at its sole discretion. Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User's unequivocal acceptance of these Terms and the aforementioned Policy, and the User expressly agrees to be bound by the same. The User expressly agrees and acknowledges that the Terms and Policy are co-terminus, and that expiry / termination of either one will lead to the termination of the other, save as provided in Section 3 hereunder.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User's act of visiting any part of the Website constitutes the User's full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
The Services
- We are professional real estate consultants offering a 360 degree services towards real estate investments. Below mentioned are the list of services:
- Property Identification – We provide assistance in property search through our technical research and analysis to match customer requirement.
- Transactional Support – The sales team helps during Site visits, Pricing / Inventory Negotiation.
- Financial & Administrative Support – We have a dedicated team which aids the customer for Mortgage & Financial services, Administrative & Legal support.
- Product Portfolio – We cater into all kinds of properties; categorized as Residential (primary & resale), Commercial, Leasing, Land, Global projects, Affordable Housing, Investor Projects, Structured offerings etc.
- Portfolio Structuring & Management – We help diversify our clients' real estate portfolios around the globe and are pioneers in bringing Global Properties with the best payout options to Indian investors.
- Service for Life – We assign a "Dedicated Relationship Manager" for customer assistance for life.
Eligibility
- The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
Term
- These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until: the User continues to access and use the Website; or the Transaction between the Parties, if any, concludes to the satisfaction of both Parties — whichever is longer. The Parties agree that certain portions of these Terms ("Sections"), such as Sections 12, 13, 14, & 16, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
Termination
- The Company reserves the right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in Clause 3 hereinabove.
Online Service Platform
- The Website is an online service platform that gives advises and recommendations regarding real estate properties across the globe.
Communication
- By using this Website, and providing his/her contact information to the Company through the Website, the User hereby agrees and consents to receiving calls, autodialed and/or pre-recorded message calls, e-mails and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the User wishes to stop receiving any such marketing or promotional calls / email messages / text messages, the User may send an e-mail to the Company. The User agrees and acknowledges that it may take up to seven (7) business days for the Company to give effect to such a request by the User.
- The User expressly agrees that notwithstanding anything contained herein above, he/she may be contacted by the Company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
- It is expressly agreed to by the Parties that any information shared by the User with the Company shall be governed by the Policy.
Charges
- The use of this Website by the User, such as browsing the Website is free of cost. The User is only required to pay for the services availed by the User of the Website. However, the Company reserves the right to amend this no-fee policy and charge the User for any or all services offered / rendered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
Security
- Transactions on the Website are secure and protected. Any information entered by the User when transacting on the Website is encrypted to protect the User against unintentional disclosure to third parties. The User's credit and debit card information is not received, stored by or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
User Obligations
- The User agrees and acknowledges that he/she is a restricted user of this Website, and is bound not to cut, copy, distribute, modify, recreate, reverse engineer, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website, except with prior express written permission of the Company. Unlimited or wholesale reproduction or copying of the content for commercial or non-commercial purposes is expressly prohibited.
- The User agrees not to access (or attempt to access) the Website and/or its materials or services by any means other than through the interface provided by the Website, including via deep-links, robots, spiders, or other automated tools, which may lead to suspension or termination of access. The User acknowledges that the products/services displayed on the Website are the property of third parties marketing through the Company's platform, and the Company bears no responsibility for that content, though objectionable content can be reported for removal at the Company's discretion.
- Where the Website permits the User to post or upload data/information, the User undertakes that such material is not offensive or objectionable and complies with applicable laws. Such material may be removed immediately and without notice, and access may be permanently revoked, at the Company's sole discretion.
- The User further undertakes not to: abuse, harass, threaten, defame or violate the legal rights of others; disrupt access to the Website or its servers/networks; impersonate any person or entity; publish unlawful, harmful, defamatory, obscene, or otherwise objectionable content; infringe any copyright, patent, or trademark; upload viruses or corrupted files; probe or test the Website's security or breach its authentication measures; collect or store data about other users; use the Website for any unlawful purpose; violate any applicable code of conduct, law, or these Terms; threaten public order or India's sovereignty/security; publish false or misleading information; trade in prohibited or restricted items; disrupt the Company's service providers; or solicit/advertise to other users outside the Website's intended use.
- The User hereby expressly authorises the Company/Website to disclose information relating to the User to law enforcement or government officials where necessary in connection with investigation of possible crimes or to satisfy a valid judicial order, law, or regulation.
- The Company has no obligation to monitor materials posted on the Website but reserves the right to remove or edit content that violates, or is alleged to violate, applicable law or these Terms. The User remains solely responsible for content they post, and represents that they hold all necessary rights to such content and that it does not infringe any third party's rights or contain unlawful material.
Suspension of User Access and Activity
- The Company may, in its sole discretion, limit the User's access or activity, suspend or terminate membership, or refuse access, without notice or cause, if: the User breaches these Terms or the Policy; the User has provided wrong, inaccurate, incomplete or incorrect information; or the User's actions may cause harm, damage or loss to other users or to the Website/Company.
Indemnity and Limitations
- The User agrees to defend, indemnify and hold harmless the Website and the Company, its employees, directors, officers, agents and successors, against any claims, liabilities, damages, losses, costs and expenses arising from the User's actions or inactions, breach of obligations, or infringement of applicable laws, including intellectual property rights, statutory dues, defamation, or privacy violations.
- The Company/Website shall not be liable for any special, incidental, indirect, consequential or punitive damages arising from use of or access to the Website, regardless of the theory of liability, including loss of use, data, or profits.
- These limitations apply to the maximum extent permitted by law. Should any statute or regulation impose liability on the Company/Website that these Terms seek to exclude, the Terms and Policy will be deemed terminated one day before such statute comes into force. This Section survives termination or expiry of the Terms and/or Policy.
Intellectual Property Rights
- Nothing in these Terms grants the User any right to use the Website's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as expressly permitted. All such intellectual property, along with material, designs, and graphics created by the Website, are the exclusive property of the Company.
- The User may not use any intellectual property displayed on the Website in a manner likely to cause confusion among users or that disparages the Company/Website, as determined at the Company's sole discretion.
- Products displayed on the Website are the creations of their respective owners; no intellectual property in such products transfers to the Website, the Company, or the User. The Company merely provides a platform on which such products are listed.
- Any reproduction or infringement of third-party intellectual property by the User may result in legal action by the rights owners. This Section survives termination or expiry of the Terms and/or Policy.
Disclaimer of Warranties and Liabilities
- Except as expressly stated on the Website, all products/services are offered on an "as is" basis without warranty of any kind, express or implied, including implied warranties of merchantability or fitness for a particular purpose.
- The User agrees that they access and transact on the Website at their sole risk, using their own best judgment before any purchase or use of information displayed on the Website.
- The Website and Company accept no liability for errors, omissions, or damage arising from use or misuse of any product or service availed of through the Website, and do not guarantee uninterrupted, error-free, or virus-free operation. The User accepts all associated risks.
- This Section survives termination or expiry of the Terms and/or Policy.
Submissions
- Any comments, ideas, suggestions or other content contributed by the User to the Website is deemed to include a royalty-free, perpetual, irrevocable, non-exclusive license for the Company to use, reproduce, publish, distribute, or create derivative works from such content in any media, without additional approval or consideration.
- The User represents and warrants that they own or control all rights to content they contribute, and that such use does not infringe any third party's rights. The User agrees to indemnify the Company against any claims arising from such content, and the Company reserves the right to defend itself and recover associated costs from the User.
Dispute Resolution and Jurisdiction
- Disputes arising from the formation, interpretation, or performance of these Terms will be resolved through a two-step Alternate Dispute Resolution (ADR) mechanism. This Section survives termination or expiry of the Terms and/or Policy.
- Mediation: the Parties will first attempt to resolve any dispute amicably. If unresolved within thirty (30) days of one Party notifying the other of a dispute, the matter proceeds to arbitration.
- Arbitration: disputes unresolved by mediation are referred to a sole arbitrator appointed by the Company, whose award is final and binding. Each Party bears its own costs unless the arbitrator directs otherwise. Arbitration is conducted in English, with Mumbai, Maharashtra as the seat of arbitration.
- These Terms, the Policy, and any related agreements are governed by the laws of India, and the Courts at Mumbai hold exclusive jurisdiction over any disputes arising between the Parties.
Notices
- Any communication relating to a dispute or grievance experienced by the User should be sent in writing to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
Miscellaneous Provisions
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company, superseding all prior communications or agreements relating to the subject matter.
- Waiver: Failure by either Party to enforce any provision of these Terms at any time does not affect that Party's right to enforce it later, and no single waiver of a breach constitutes a waiver of any other or continuing breach.
- Severability: If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions remain valid and enforceable to the fullest extent permitted by law, and the affected provision will be reformed to the minimum extent necessary while preserving the Parties' original intent.