Property Peak – Terms and Conditions

1. Introduction and Acceptance

Welcome to Property Peak, a sole proprietorship firm operated by Mr. Nirav Darji, with its registered address at G202 Sankal Residency, Vavol, Gandhinagar, Gujarat – 382016, India ("we", "us", "our", "Company"). These Terms and Conditions ("Terms") form a legally binding agreement between Property Peak and you ("User", "you", "your") governing your access to and use of our website www.propertypeak.in ("Website", "Platform") and all related services, including property listing, searching, inquiries, and facilitation of real estate transactions (collectively, the "Service").

By accessing, browsing, registering, or using the Service in any manner, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and any applicable laws, including the Real Estate (Regulation and Development) Act, 2016 ("RERA"). If you do not agree, you must immediately cease using the Service.

These Terms apply to all users, including buyers, sellers, renters, real estate agents, brokers, developers, and visitors. We reserve the right to refuse access to the Service to anyone for any reason at any time.

2. Eligibility and Account Management

2.1 Eligibility Criteria

To use the Service, you must be at least 18 years old and possess the legal capacity to enter into binding contracts under Indian law, including the Indian Contract Act, 1872. Minors under 18 may only use the Service under the supervision and with the express consent of a parent or legal guardian, who agrees to be bound by these Terms.

If you are using the Service on behalf of an entity (e.g., a company or organization), you represent that you have the authority to bind that entity to these Terms.

2.2 Account Registration and Security

Certain features require creating an account by providing accurate, complete, and current information, such as your name, email address, phone number, and any other details requested. You must update this information as needed to keep it accurate.

You are solely responsible for maintaining the confidentiality of your account credentials (e.g., username and password) and for all activities occurring under your account. Notify us immediately at contact@propertypeak.in of any unauthorized use or security breach.

We may verify your identity and require additional documentation, such as proof of identity or address, to prevent fraud or ensure compliance with laws.

2.3 Account Suspension or Termination

We reserve the right to suspend or terminate your account if you provide false information, violate these Terms, or engage in prohibited activities. Upon suspension or termination, you must cease all use of the Service.

3. Services Offered

3.1 Core Services

Property Peak operates as an online platform facilitating:

• Listing and advertising of properties for sale, purchase, rent, or lease.

• Property search tools, including filters for location, price, size, and amenities.

• Connection services between buyers, sellers, landlords, tenants, agents, and developers.

• Access to real estate market insights, guides, and tools for inquiries or lead generation.

• Optional premium services, such as featured listings or verified badges.

We do not act as a real estate agent, broker, or intermediary under RERA; we merely provide a platform for information exchange.

3.2 Service Limitations and Modifications

The Service is provided "as is" and "as available." We may modify, suspend, or discontinue any part of the Service without notice or liability, including due to technical issues, legal requirements, or business decisions.

We do not guarantee the availability, accuracy, or completeness of any information on the Platform, and users must independently verify all details.

4. User Responsibilities and Prohibited Conduct

4.1 Provision of Accurate Information

You must provide truthful, complete, and up-to-date information in all interactions, including listings, inquiries, and communications. Misleading or false information may result in account termination and legal action.

4.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal purpose or in violation of laws, including RERA, anti-money laundering regulations, or data protection laws.

• Post content that is defamatory, obscene, harassing, discriminatory, or infringes on third-party rights.

• Impersonate others, create multiple accounts to manipulate the Platform, or engage in spam.

• Interfere with the Platform's functionality, such as hacking, introducing viruses, or using automated scripts without permission.

• Collect or harvest user data without consent.

• Violate intellectual property rights by copying or distributing content without authorization.

4.3 Obligations for Real Estate Professionals

If you are an agent, broker, developer, or similar professional:

• You must be duly registered under RERA where applicable and comply with all licensing requirements.

• Disclose all material facts about properties, including legal status, encumbrances, and RERA registration details.

• Ensure listings comply with advertising standards and do not mislead users.

5. Property Listings and User-Generated Content

5.1 Listing Guidelines

Listings must include accurate details such as property location, size (using carpet area as defined under RERA), price, specifications, legal title, availability, and any encumbrances. Photos and descriptions must be genuine and not misleading.

All projects must comply with RERA registration requirements if applicable, and you must provide the RERA registration number in listings.

5.2 Content License and Ownership

By submitting content (e.g., listings, photos, reviews), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display, and distribute it for operating and promoting the Service. You retain ownership but warrant that you have all necessary rights to the content.

5.3 Content Moderation

We may review, edit, or remove content that violates these Terms, is inaccurate, or is otherwise objectionable, without notice. We are not responsible for user-generated content and disclaim liability for any reliance on it.

6. Intellectual Property

All content on the Platform, including text, graphics, logos, software, and trademarks, is owned by Property Peak or its licensors and protected under Indian copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works without our written permission.

We respect intellectual property rights and will respond to valid notices of infringement in accordance with applicable laws.

7. Privacy and Data Handling

7.1 Data Collection and Use

We collect and process personal data as described in our Privacy Policy, in compliance with the Digital Personal Data Protection Act, 2023, and other relevant laws. This includes data from registrations, listings, and interactions.

7.2 Data Sharing

We may share your data with third parties, such as real estate professionals you contact, service providers, or authorities as required by law. We implement reasonable security measures but cannot guarantee absolute security.

7.3 User Consent

By using the Service, you consent to our data practices. You may request access, correction, or deletion of your data by contacting us.

8. Fees, Payments, and Refunds

8.1 Fee Structure

Basic access is free, but premium features (e.g., boosted listings) may incur fees, disclosed at the time of purchase. All fees are non-refundable unless specified otherwise.

8.2 Payment Process

Payments must be made via approved methods. You are responsible for all taxes, duties, and charges. We may change fees with notice.

8.3 Refunds and Cancellations

Refunds are at our discretion and subject to applicable laws. No refunds for services already rendered.

9. RERA Compliance and Disclosures

9.1 Platform Role

Property Peak is not a real estate agent under RERA and does not guarantee project compliance. Users must verify RERA registration and details independently with the Gujarat Real Estate Regulatory Authority (GUJRERA).

9.2 Developer and Agent Obligations

All listed projects must be RERA-registered if required (e.g., over 500 sq m or 8 units). Developers must deposit 70% of buyer funds in an escrow account and provide quarterly updates.

9.3 User Rights Under RERA

Buyers have rights to timely possession, defect liability, and refunds for delays. We disclaim liability for non-compliance by third parties.

10. Disclaimers and Limitation of Liability

The Service is provided without warranties. We disclaim all liability for losses arising from use, including indirect, consequential, or punitive damages. Our total liability shall not exceed fees paid by you in the preceding 12 months.

Users must verify all information independently; we are not liable for disputes between users or with third parties.

11. Indemnification

You agree to indemnify and hold harmless Property Peak, its proprietor, employees, and affiliates from claims, damages, or losses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

12. Termination and Survival

You may terminate your account by contacting us. We may terminate for any reason. Provisions such as indemnification, disclaimers, and governing law survive termination.

13. Dispute Resolution and Governing Law

These Terms are governed by Indian laws. Disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 1996, in Gandhinagar, Gujarat, with courts there having exclusive jurisdiction.

14. Modifications to Terms

We may update these Terms at any time, with changes effective upon posting. Continued use constitutes acceptance.

15. Miscellaneous

These Terms constitute the entire agreement. If any provision is invalid, others remain enforceable. No waiver of rights unless in writing.

16. Contact Us

For questions, contact:
Property Peak
G202 Sankal Residency, Vavol
Gandhinagar, Gujarat - 382016
Email: contact@propertypeak.in
Phone: +91 99982 54595

Last Updated: July 15, 2025