TERMS AND CONDITIONS

Asaan Homes, having its physical office address at Shop no. 121, Ten Singh Palace, Rakesh Marg, Ghaziabad 201001 (hereinafter also referred to as “Company”, “we”, “our” or “us”) operates www.asaanhouse.com including the related mobile site (hereinafter referred to as “Website”). The term “Service” means the Website operated by Asaan Homes.

This document is an electronic record in terms of the 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 and Conditions for access or usage of domain name www.asaanhouse.com, including the related mobile site.

If these Terms are modified in any way, they will be updated here. Regularly checking and reviewing this page ensures that you are updated. If we believe that the modifications are material, we will notify you of the changes by posting a notice on the Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

These Terms and Conditions (“Terms”) govern the use of the Services provided by Asaan Homes. By accessing and/or otherwise using the Services in any manner, you, therefore, agree that you have read and accepted these Terms. We reserve the right to modify these Terms, without notice, at any time. You understand that your continued use of the Services after these Terms have been modified constitutes your acceptance of these Terms as amended.

SECTION 1: AGREEMENT TO TERMS

By accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Website is at your own risk, including the risk that you might be exposed to content that is otherwise inappropriate.

The terms ‘customers(s)’, ‘user(s)’, “your” and ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.

SECTION 2: REGISTRATION, ACCOUNTS, AND PASSWORDS

A User(s) is required to create an account by using an email and password and providing the necessary details about them in order to use our Services.

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. User(s) are responsible for the personal protection and security of any password or email you may use to access the Website. You are responsible for all activity conducted on the Website that can be linked or traced back to your email or password. You are obligated to immediately report a lost or stolen password or email to our Customer Service. If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately.

Asaan Homes shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.

You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/ register using the identity of any other Person. You are responsible to maintain and promptly update the information provided while signing up or verifying or for any other purpose on the Website to ensure that the information provided by You is true, accurate, current, complete and not misleading at all times.

If You provide any information that is untrue, inaccurate, misleading, not current or incomplete or Company has reasonable grounds to believe that such information is untrue, inaccurate, misleading, not current or incomplete, or not in accordance with this Agreement, Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Website in any manner whatsoever. Should any other User or Person act upon such untrue, inaccurate, not current or incomplete information provided or verified by You, Company, and its Personnel shall not be liable for any damages, Losses, direct, indirect, immediate or remote, interests or claims resulting from such information to You or to any third party. You hereby agree and undertake to indemnify and hold harmless the Company, and its Personnel in accordance with the Indemnity clause contained in these Terms.

We reserve the right to access and disclose any information, including user names of accounts, and other information, to comply with applicable laws.

SECTION 3: SERVICES

Asaan Homes is providing a wide range of construction and related services with the help of third-party service providers that are listed on the Website (“Service Provider”). We empower our customers by providing detailed information and guidance on the quality, quantity, grade, and essential specifications of the raw materials to be used in the project. We offer our services to our customers seeking new construction, renovations, remodelling, and repairs for residential and commercial properties.

We have a technology-driven procedure that enables us to efficiently identify and separate the locally available qualified Service Providers who specialize in different aspects of construction. We will try to ensure that our contractors have the necessary skills, experience, and licenses to deliver high-quality construction services to our customers. However, Asaan Homes does not directly employ these Service Providers and do not guarantee their availability or suitability for specific projects.

SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR THE SERVICES THEY OFFER OR PROVIDE THROUGH THE WEBSITE. ASAAN HOMES DO NOT DIRECTLY EMPLOY THE SERVICE PROVIDERS. IN CASE OF ANY SERVICE-RELATED ISSUES, SERVICE PROVIDERS OR CUSTOMERS ARE NOT AUTHORIZED TO BIND THE COMPANY OR ITS REPRESENTATIVES.

Asaan Homes is committed to delivering construction services of the highest quality. We strive to adhere to industry standards and regulations throughout the construction process. However, customers acknowledge that the actual construction work is performed by our Service Provider, and Asaan Homes does not assume direct responsibility for the physical execution of the construction.

Once a client engages in our Services, we will enter into a written service agreement that outlines the scope of work, project timeline, specifications, and any specific terms or conditions relevant to the project. This agreement will be mutually agreed upon and signed by both parties.

Any modifications or changes to the agreed-upon Services must be documented in writing through change orders. These change orders will specify the nature of the changes, associated costs, and any adjustments to the project timeline. Asaan Homes and the client must mutually agree upon and sign these change orders before implementing the modifications.

Users understand and agree that the services provided are subject to these terms and conditions. Any disputes or issues regarding the services should be addressed directly with the Company.

SECTION 4: ELIGIBILITY CONDITIONS

In order to use the Website, You need to be 18 (eighteen) years of age or older in accordance with the Indian Contract Act, of 1872 and the Indian Majority Act, of 1875. The Website may only be used or accessed by such Persons who can enter into and perform legally binding contracts under the applicable laws. Asaan Homes shall not be liable in case of any false information is provided by the User including the User’s age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable laws.

Asaan Homes disclaim all liability arising out of such unauthorised use of the Website and any third-party liability arising out of Your use of the Website if You are a minor.

SECTION 5: ELECTRONIC COMMUNICATION

By using the Website, you understand that we may send you communications (including text messages, electronic mail, or WhatsApp messages) or data regarding our Services. You agree to receive such communications from us.

Unless such email is necessary to provide you with information related to a Service, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding bookings, service utilization, promotions, marketing, special offers, improvements, or other updates.

Users may provide their email addresses to us in order to receive communication from us, such as newsletters, promotional offers, updates, and other marketing material. By providing us with their email address, users consent to receive such communications from us, including promotional emails, offers, and updates. Users may opt-out of receiving these communications at any time by following the unsubscribe instructions included in the email.

We may also use email to communicate with users about their accounts, services, or other non-promotional matters related to our website. Users agree that any email communication sent by us to the email address provided by them shall be deemed to have been received by them.

Users are responsible for ensuring that the email address provided to us is accurate and up-to-date. We shall not be liable for any damages or losses arising from any failure by the user to provide an accurate or up-to-date email address.

Users acknowledge that email communications may not be secure and may be subject to interception, unauthorized access, or alteration. We shall not be liable for any damages or losses arising from any interception, unauthorized access, or alteration of email communications sent to or received from users.

You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with the Company. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.

SECTION 6: ACCURACY OF THE INFORMATION

The information provided on our website is intended for general informational purposes only. While we strive to ensure the accuracy and reliability of the information, we make no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of the information.

Users acknowledge that any reliance on the information provided on our website is at their own risk. We disclaim all liability for any inaccuracies, errors, or omissions in the information and for any actions taken based on the information available on our website.

Users are encouraged to independently verify the accuracy and completeness of any information obtained from our website before relying on it. They should consult appropriate professionals or experts for specific advice or information related to their particular circumstances.

We reserve the right to modify, update, or remove any information on our website at any time without prior notice. However, we do not guarantee that the information on our website will always be up-to-date or free from errors. Also, We have no obligation to update any information on our Website.

Users are responsible for ensuring the accuracy and truthfulness of any information they provide to us through our website, including during the registration or account creation process. We shall not be liable for any damages or liabilities arising from inaccurate or misleading information provided by users. You agree that it is your responsibility to monitor changes to our Website.

SECTION 7: MODIFICATIONS TO THE PRICE AND SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Asaan Homes reserves the right to amend the rates and fees at any time at its sole discretion. A change in fees shall not impact any booking that has been confirmed before the revised rates structure on the Website. Charges and fees that user pay are final and non-refundable unless determined by Asaam Homes or required by applicable law.

Please note: All the Charges including labour charges, Fees and other prices mentioned on the Website are inclusive of all taxes.

SECTION 8: LICENSE

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your personal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if third-party content is at issue).

SECTION 9: INITIAL BOOKING

Asaan Homes provides a tentative estimate of labour for your project on our website, subject to applicable terms and conditions. This estimate serves as an initial assessment based on the information filled in by the client. However, please note that the actual required labour for your project will be informed by our Service Providers after verifying the details filled in on the Website during their first visit to the project site.

Upon the first visit of our Service Providers to the project site, they will review and verify the details filled in on the Website. They will assess the scope of work, required labour, and any specific project requirements. Based on this evaluation, they will inform you of the final actual labour required for your project.

Our Service Providers will also discuss the steps or stages involved in completing your project. They will outline the progress milestones and corresponding payment percentages that are applicable to your project. These steps of jobs and payment percentages will be communicated to you in a clear and transparent manner, allowing you to understand the payment structure and schedule.

Upon finalizing the actual labour and payment details, a mutual agreement will be reached between Asaan Homes and the client. This agreement will encompass the scope of work, payment terms, project timeline, and any other relevant terms and conditions.

At the final step of booking, the Website shares a booking OTP with the user and by filling that OTP in the Website, the booking will be confirmed. Booking details will receive by the user through SMS notification. A booking is considered confirmed only upon receiving a confirmation notice from our Website

Telephonic Verification: After booking through our website, we prioritize the verification of user details. To ensure accuracy, we arrange a telephonic call with the user to verify the information provided on the website and re-confirm the scheduled date and time for the physical verification.

Assigning the Service Provider: Our Website allows users to conveniently make bookings as per their preferences. We make every reasonable effort to assign a Service Provider based on the chosen booking date and slot. However, if we are unable to arrange a service provider as per the requested slot, we advise users to consider changing their booking date and time for a more suitable arrangement.

Cancellation of Booking: If a user cancels their booking before the site visit, whether through the website or during telephonic verification, no cancellation charges apply. However, once we have arranged the site visit and the user subsequently decides not to proceed further due to dissatisfaction with the estimate or any other reason, a minimum fee of Rs. 200/- will be applicable as site visit charges.

Substitution: In the event of the non-availability of the assigned or selected service provider, we will offer a substitute Service Provider registered with us. This ensures that the user's needs are met with the best possible alternative option.

SECTION 10: PAYMENT TERMS

Asaan Homes retains the right to levy charges on users for the utilization of services offered through our platform, as well as any additional facilities provided. During the initial booking process on our website, users will receive information about the estimated labour costs and payment terms. However, please note that the actual labour charges may be subject to revision upon the Service Providers' first site visit.

In respect of facilitating to the client that the services can avail by them, users shall be required to pay to the service providers, the amount settled by them at the time of their first site visit, as well as any additional services requested by the user, out-of-pocket expenses incurred by the Service Providers, and expenses related to the procurement of necessary materials for project completion. Asaan Homes reserves the right to apply a convenience fee or facilitating fee, (referred to as "Fees") for the booking process and payment transfers to the service providers. It is important for users to be aware that the final bill may include additional charges.

Please be aware that charges and fees may significantly vary in certain geographical areas during periods of high demand. While Asaan Homes will make reasonable efforts to inform users about such charges and fees, users are ultimately responsible for all charges and fees incurred under their account, regardless of their prior knowledge of these charges.

Users acknowledge and agree that labour charges consist of Asaan House convenience charges collected from the service providers, in addition to the labour fees directly paid to the service providers themselves.

Asaan Homes utilizes the services of a third-party payment processor to facilitate secure and efficient payment transactions. By engaging our services, you agree to comply with the terms and conditions set forth by the third-party payment processor for processing payments.

Please Note: In accordance with the payment terms and conditions set by Asaan House, if the customer decides to put the work on hold, there will be minimum charges applicable. For each day of the hold period, a charge of Rs. 500/- will be levied for the technician and Rs. 250/- for the helper. These charges are solely applicable during the period of work suspension by the customers.

When making payments through a third-party payment processor, you may be required to provide certain payment information, such as credit card details, bank account information, or other relevant payment details. You acknowledge that this information will be securely transmitted and stored by the third-party payment processor in accordance with their privacy and data security practices.

By providing your payment information, you authorize the third-party payment processor to charge the agreed-upon amount for the services provided by Asaan Homes. You also acknowledge that the payment processor may use various fraud prevention measures to ensure the security of transactions and protect against unauthorized use of payment information.

Asaan Homes shall not be held liable for any errors or issues arising from the actions or omissions of the payment processor. We rely on the services of a third-party payment processor to facilitate payment transactions, and any errors or discrepancies in the payment process are the responsibility of the payment processor.

In the event of an unsuccessful payment transaction, the resolution and refund process will be governed by the terms and conditions set forth by the payment processor. Asaan Homes will cooperate with the payment processor to ensure that any money debited from your account is credited back in accordance with the payment processor's policies and procedures.

SECTION 11: NO ENDORSEMENT

This Website may contain links to other Web sites or references to other Service Providers. Asaan Homes does not assume responsibility for the accuracy or the appropriateness of the information contained at such other sites nor does it endorse the services advertised or sold thereon or provided by any companies or other Service Providers mentioned in this Website.

SECTION 12: CONFIDENTIALITY

Asaan Homes is committed to maintaining the confidentiality of the personal and business information that we collect from users of our website. We understand that the privacy and security of your information are important to you, and we take all reasonable measures to protect your information from unauthorized access, use, or disclosure.

By using our website, you agree to maintain the confidentiality of any information that you may receive or have access to as a result of using our website, including but not limited to information about Asaan Homes, our services, our customers, and our business practices.

You agree not to use any information obtained through our website for any purpose other than to engage with Asaan Homes for legitimate business purposes. You also agree not to disclose any confidential information obtained through our website to any third party without the express written consent of Asaan Homes.

We reserve the right to take legal action against any user of our website who violates this confidentiality clause or any other provision of our terms and conditions.

SECTION 13: USER’S CONDUCT

The Customer undertakes that it shall conduct itself in accordance with all applicable laws, in a respectful, courteous manner, and allow Service Providers a safe and conducive environment to provide the Services. The Customer agrees that it will be solely responsible, (a) to ensure its own safety and security, and that of the Service Providers: (b) not to undertake or assist in any unlawful, immoral or illegal activity (c) for any unauthorised use of the Website whilst using the Website.

In the event that you fail to provide a suitable environment or behave in a discourteous, disrespectful, abusive, or otherwise inappropriate manner towards the Service Providers, they reserve the right to refuse to perform the services.

We also reserve the right to take appropriate action, including withholding access to our services and limiting your future access, if we find that you have behaved in a manner that is discourteous, disrespectful, abusive, inappropriate, or unlawful towards any service provider. Our decisions in such cases are made at our absolute discretion.

You agree that in the event a Service Provider(s) behaves in a manner that is discourteous, disrespectful, abusive, inappropriate or in violation of the user, you shall be required to report such incident to support@asaanhouse.com at the earliest but in any event within 24 hours of the incident. We will take appropriate action against this after investigating the matter.

SECTION 14: NO-DISCRIMINATION

Asaan Homes values diversity and strictly prohibits any form of discrimination. We are committed to ensuring equal treatment and opportunities for all users, irrespective of their race, colour, place of birth, marital status, caste, religion, gender, sexual orientation, disability, or any other characteristic.

Discrimination based on any characteristic is strictly forbidden. We expect all users, including Service Providers and Customers, to uphold the principles of equality, respect, and fairness in their interactions. We provide equal access and opportunities to all Customers and Service providers ensuring a level playing field for Service Providers and fair consideration for customers.

If any user encounters or witnesses discriminatory behaviour, we encourage them to report it promptly. We have established mechanisms for reporting such incidents and take all reports seriously. Upon receiving a report, we will conduct a thorough investigation and take appropriate action, which may include disciplinary measures against the offending user.

Compliance with our non-discrimination policies is paramount, and we reserve the right to take necessary actions, such as warnings, account suspension, or termination, against any user found to be engaging in discriminatory practices.

SECTION 15: USER’S RESPONSIBILITY

Accurate Information: It is the user's responsibility to provide accurate and complete information during the booking process or any other interactions with Asaan Homes. This includes personal details, contact information, project requirements, and any other relevant information. Any discrepancies or inaccuracies in the provided information may affect the service delivery and outcomes.

Compliance with Terms and Conditions: Users are expected to carefully read, understand, and comply with the terms and conditions set forth by Asaan Homes. This includes any guidelines, policies, or instructions provided on our website or communicated through other channels. Failure to adhere to these terms and conditions may result in limitations on service provision or termination of the user's access to our platform.

Safe and Appropriate Environment: Users are responsible for ensuring a safe, clean, and appropriate environment for Service Providers to perform their tasks. This includes providing necessary facilities, and equipment, and adhering to safety regulations. Any negligence or failure to provide a suitable environment may result in Service Providers refusing to perform the services.

Respectful Conduct: Users are expected to treat Service Providers with courtesy, respect, and professionalism. Any behaviour that is discourteous, disrespectful, abusive, or otherwise inappropriate towards service providers is strictly prohibited. Asaan Homes reserves the right to take appropriate action, including limiting or withholding access to services, if users engage in such behaviour.

Legal Compliance: Users are responsible for complying with all applicable laws, regulations, and legal requirements related to their projects and interactions with Service Providers. This includes obtaining necessary permits, licenses, and permissions as required by the relevant authorities. Asaan Homes disclaims any responsibility for any legal violations or consequences arising from the user's non-compliance with applicable laws.

SECTION 16: PRIVACY AND USAGE OF COOKIES

Asaan Homes will not intentionally disclose any personally identifying information about you to third parties, except where Asaan Homes, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms. By using the Website, you signify your acceptance of Asaan Homes’ Privacy Policy.

Members signing up for the Website are opting in to receive newsletters and other special offers through emails/notifications from the Website. If you do not wish to receive these emails, you may opt-out anytime.

Please refer to our Privacy Policy and Cookies Policy

SECTION 17: INTELLECTUAL PROPERTY RIGHTS

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and reinstatements thereof, now or hereafter in force and effect worldwide.

All material and content on the Website, including images, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by the domestic as well as international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us.

The compilation of all content on the Website is our exclusive property and is protected by domestic as well as international copyright and database rights laws.

You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modi?cation of the materials, use of the materials on any other Website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

SECTION 18: REVIEWS AND FEEDBACK

Asaan Homes allows the posting of customer reviews for the services you have purchased and the Service Provider you have hired from the Website. We love hearing from our customers! So, if you would like to share your thoughts about our Services, please feel free to leave a review on our website. By submitting a review, you acknowledge that your comments may be used on our website or in our marketing materials. We reserve the right to edit or remove any reviews that contain inappropriate or offensive language. Any customer failing to comply with the Terms may be expelled and refused continued access to, the ability to post reviews in the future.

Under no circumstances will we, our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees, or representatives be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed by anyone other than the Company itself are solely the opinions of those customers and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.

You also acknowledge and agree that any feedback, including, but not limited to, suggestions, comments, ideas, or other information, provided by you in the form of email or other submissions (collectively, “Feedback”) to us is non-confidential and you hereby grant Company, its affiliates, subsidiaries, successors, and assigns an irrevocable, worldwide, transferable, nonexclusive, royalty-free, and fully sublicensable right to use such Feedback for any purpose without any compensation or attribution to you.

SECTION 19: WEBSITE SECURITY

You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.

As a user of this website you undertake:

  1. Not use our website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website; or in any way that is unlawful, illegal, fraudulent, harmful, or in connection with any unlawful, illegal, fraudulent, or harmful activity or purpose;\
  2. Not use our website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
  3. Not conduct any systematic or automated data collection activities, including without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our website without our express written consent;
  4. Not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
  5. Not to use this website to make unauthorised attempts to access or interfere with any of our systems or third-party networks;
  6. Not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  7. Not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third-party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
  8. To inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.

Asaan Homes is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

SECTION 20: DISCLAIMER OF WARRANTIES

ASAAN HOMES MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE.

YOU USE THIS WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THIS WEBSITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF ASAAN HOMES HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ASAAN HOMES PROVIDES THIS WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND ASAAN HOMES SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THE WEBSITE SHALL BE TO DISCONTINUE ACCESSING THE WEBSITE AND CEASE FROM USING THE INFORMATION OR MATERIAL OBTAINED.

YOU AGREE THAT ASAAN HOMES SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF, OR RELIANCE UPON THE WEBISTE OR ANY OF ITS CONTENT.

NO INFORMATION OR ADVICE PROVIDED ON THIS WEBSITE BY ASAAN HOMES, OR BY ASAAN HOMES’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.

YOU AGREE AND ACKNOWLEDGE THAT SOLICITING OR RECEIVING SERVICES FROM ANY SERVICE PROVIDER INDEPENDENTLY IS SOLELY AT YOUR OWN RISK, AND IN SUCH EVENT, YOU WAIVE ANY RIGHTS THAT YOU MAY HAVE UNDER THESE TERMS.

ASAAN HOMES MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:

  1. AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;
  2. THAT THIS WEBSITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
  3. THAT THIS WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
  4. AS TO THE QUALITY OR VALUE OF ANY OF ASAAN HOMES’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU OBTAIN VIA THE WEBSITE; OR
  5. THAT ANY ERRORS ON THIS WEBSITE WILL BE CORRECTED.
SECTION 21: THIRD-PARTY WEBSITE DISCLAIMER

By accessing and using any third-party websites, you acknowledge and agree that Asaan House is not responsible for the content, accuracy, or safety of these external websites. You further understand that the Terms, privacy policies, and any other guidelines governing these websites are solely the responsibility of the respective third parties.

You agree to read and thoroughly review the policies of any third-party website before accessing or utilizing their services. It is your sole responsibility to understand and comply with their terms and conditions. Any interactions, transactions, or relationships formed with third-party websites are solely between you and the respective third party, and Asaan House shall not be liable for any damages or losses arising from such interactions.

Asaan House strongly advises users to exercise caution and use their discretion when accessing third-party websites. Your use of these websites is entirely at your own risk, and Asaan House disclaims any responsibility for the consequences of your actions or reliance on the information, services, or products provided by these external websites.

SECTION 22: LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Asaan Homes, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors and assigns, shall have no liability, relating to Your use of or access to (or inability to access) this Website, your use of any information or material contained therein, for:

  1. Any and all claims for damages for actual, consequential, incidental, exemplary, special, or punitive damages even if Asaan Homes is advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
  2. For direct damages, actually proven, exceeding INR 5,000 (Rupees Five Thousand). This limitation shall be enforced even if it causes an exclusive remedy to fail in its essential purpose.

Asaan Homes reserves the right, at any time, in Company’s sole and exclusive discretion, to amend, modify, suspend, or terminate this Website, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Asaan Homes shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL ASAAN HOMES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND ASAAN HOMES DISCLAIMS ANY AND ALL, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN ANY WAY RELATING TO OR ARISING FROM THE USE OR MISUSE OF THE WEBSITE.

SECTION 23: EXEMPTION FROM LIABILITY FOR MIS-INCIDENTS

Asaan Homes operates solely as a facilitator and does not directly engage in providing services to the customers. Our primary objective is to develop a platform that safeguards the rights of stakeholders, including Users and Service Providers. However, any mis-incident that occurs as a result of natural calamities such as earthquakes, heavy rain, interruptions in electrical supply, or mishandling of the structure, or the usage of low-grade materials, is solely the responsibility of the customers. Asaan Homes is not accountable for such incidents and hereby disclaims any and all related responsibilities and charges.

In the event of injuries sustained by Service Providers, or users during the course of their work, both stakeholders bear individual responsibility. Asaan Homes disclaims any liability and charges in connection with such incidents.

SECTION 24: INDEMNIFICATION

You agree to defend, indemnify, and hold Asaan Homes, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of this Website.

Asaan Homes reserves the right to assume exclusive control of its defence in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Asaan Homes. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Asaan Homes.

SECTION 25: GOVERNING LAW AND JURISDICTION

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in all respects in accordance with the Laws of India and the courts at Ghaziabad, Uttar Pradesh, India shall have exclusive supervisory jurisdiction over all matters in connection with any such dispute or any lawsuit arising from or related to this Agreement.

The rights and duties created shall be interpreted and enforced in India according to the Laws of India. You and the Company consent to jurisdiction and venue in Ghaziabad, Uttar Pradesh, India for any lawsuit arising from or related to this Agreement.

SECTION 26: NOTICES

Legal notices must be served on the email address provided in the ‘Contact Us’ clause. Notice will be deemed given 48 hours after the email is sent unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

SECTION 27: LEGAL DISPUTES

If a dispute arises between you and Company, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting us, all legal notices and formal disputes should be sent to Company’s email id in accordance with the above-mentioned Clause.

Any dispute, controversy, claim or breach arising out of or in relation to this Agreement, including any questions, issues or disputes concerning its existence, validity or termination, shall be referred to arbitration in accordance with the Arbitration and Conciliation Act, 1996, of India. The arbitral tribunal shall consist of 1 (One) arbitrator appointed by Asaan Homes. The arbitration shall be conducted in the Hindi language at Ghaziabad, Uttar Pradesh, India. Depending on the consent of the parties, the arbitrator may decide to hold proceedings at any other location. Each party shall bear its own costs in relation to the arbitration proceedings, including legal fees, expenses, and any other costs incurred. Unless otherwise agreed, the parties shall be responsible for their respective costs and expenses associated with the arbitration process.

The parties involved in the arbitration process shall maintain strict confidentiality and shall not disclose any information related to the arbitration proceedings to any person, except on a need-to-know basis or to their legal advisors. Confidentiality shall be upheld unless disclosure is required by law.

SECTION 28: REMOVAL OF DOUBTS

Notwithstanding anything stated in this Regulation for any unforeseen issues arising, and not covered by this regulation, or in the event of differences of interpretation, the CEO of the Company may take a decision as he/she may deem fit. The decision of the CEO shall be final.

SECTION 29: MISCELLANEOUS

1. Severability

The provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this, agreement. If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that as amended, It is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

2. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

3. Waiver

If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

4. Amendments

Notwithstanding anything contained hereinbefore, Asaan Homes may amend and implement the Terms, whenever required, in the interest of maintaining the standard and improving user experience without any prior notice and you shall be governed by such Terms so implemented from time to time. Please review the Terms from time to time on a regular basis since your ongoing use is subject to the Terms as amended. Regularly checking and reviewing this page ensures that you are updated on the terms and conditions governing your use of the Services.

If we believe that the modifications are material, we will notify you of the changes by posting a notice on our Website, or emailing you at the email address provided to us by you, and as we may deem appropriate. What constitutes a material change will be determined by us, at our sole and absolute discretion.

5. Force Majeure

No one shall be liable for any delay or failure in performance due to events outside the defaulting Party's reasonable control, including without limitation acts of God, earthquake, riots, war, acts of terrorism, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control.

SECTION 30: TERM AND TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Upon termination of this Agreement for any reason: (a) the Users’ rights to use the Services will cease immediately, the registration with Us and the Account of the User will cease to apply, and We may block the User's access to the Website; (b) the User must pay to the Company all amounts due and owing to the Company at the date of termination, owed prior to the date of termination; (c) the Parties must cease acting in a manner that would imply a continuing relationship between the Parties and all activities contemplated under this Agreement.

The following Sections will survive termination of this Agreement together with any other terms of this Agreement which by their nature do so: Privacy, Intellectual Property Rights, Indemnities, Liability, Termination and Governing Law and Dispute Resolution.

Termination of this Agreement will not prejudice any rights of the Parties that may have accrued prior to such termination.

SECTION 31: CONTACT US

After reviewing this policy, if you have any additional questions, concerning these Terms and Conditions, please contact us by sending an email to privacy@asaanhouse.com by adding the word “Terms” in the subject line.

Grievance Officer
Name: Sidharth Nigam
Designation: Grievance Officer
Email: privacy@asaanhouse.com