You as a Consumer, Builder, DSA, Bank, HFC, NBFC or the Company represented by you (hereinafter “You” or “Your”) and Home Equity India Private Limited , with domain name WhatsLoan.com (hereinafter “WhatsLoan”) governs your use of our website, mobile suit of Products & Services, CRM for your property sales and sales productivity and platform to connect you with DSAs, Home/Property Buyers, Banks, HFCs and NBFCs.

Terms

This document consists of the following terms and conditions (hereinafter the “General Terms”), if any, specific to use of individual Products & Services (hereinafter the “Specific Terms”). The General Terms and Specific Terms are collectively referred to as the “Terms”. Specific Terms shall override the General Terms in case of doubt.

User Acceptance

You must be of legal age of 18 Years to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a check box or clicking on a button indicating your acceptance of the terms.

Our Products & Services

We provide an array of Products & Services for real estate sales and marketing, sales productivity for mobile collaboration and management, email client, chat client, organiser, customer relationship management mobile app and CRM application. You may use the Products & Services for your business use or for internal business purpose in the organisation that you represent. You may buy the Products & Services online or offline, by paying online or offline on our website .You are allowed to create and edit content with your user account and if you choose to do so, you can update share and publish your content.

Subscription on Trial Basis

We may offer certain Products & Services from time to time ("Trial Period”) for the purpose of encouraging you to try our Products & Services without any obligation on you to buy a subscription. You agree that we have the sole authority and discretion to determine the period of time for Trial. You will be under no obligation to buy a subscription to use any paid Service as a result of your subscription to any Trial Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Trial Offer with or without notice to you. You agree that WhatsLoan will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Trial Period for any reason.

Change in User Terms

We may modify the Terms upon notice to you at any time through an announcement or by sending an email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing WhatsLoan notice by email within 30 days of being notified of the availability of the modified Terms if the Terms are modified in a manner that substantially affects your rights in connection with the use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.

Personal Data Privacy

Personal information you provide to WhatsLoan through the Service is governed by WhatsLoan Privacy Policy. Your selection to use the Products & Services indicates your acceptance of the terms of the WhatsLoan Privacy Policy. You are responsible for maintaining the confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur under your user account and you agree to inform us immediately of any unauthorized use of your user account by email to contact@whatsloan.com or We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Contact Terms

The Service may include certain communications from WhatsLoan, such as product announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Fees & Payments

Our Products & Services are available under subscription plans of multiple durations. Payments for subscription plans can be made online by use of our payment gateway. Your subscription will not be automatically renewed at the end of each subscription period unless you renew with the payment again. If you do not wish to renew the subscription, you must inform us within 30 days prior to the renewal date. We have 30 days Refund Terms for your convenience. Please see our Refund Terms. From time to time, we may change the price of any of our Products & Services. Any increase/decrease in charges will not apply until the expiry of your current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Refunds

Refund Terms govern your subscriptions to the listing on our mobile app or purchase of Products & Services for building branded app along with Sales CRM for builders and our other Products & Services through the website www.whatsloan.com. Please read this carefully as it sets out your rights with respect to your purchases, including important limitations and exclusions. Your registration with us and placement of an order with online or offline and payment constitutes your agreement that these terms apply to the order.

If you are not fully satisfied with your purchase of subscription to the mobile listing or for your own app/s release and our other services, you can get your money back upon the terms and conditions set forth below. However, we are confident that most of the refunds can be avoided with assistance from our trained service personnel.

Conditions

Subscription to Mobile App Listing & Builder Branded App, Sales CRM & our Other Services Subscription to Mobile App Listing & Builder Branded App, Sales CRM & Other Services
Home Buy App Subscription License Fee You have the unconditional right to claim and receive a full refund of the payment for the subscription for listing on Home Buy Mobile App within 30 days following the day of your purchase. No refund will be made available after this refund period is over. The refund may apply only to the first time listing bought through the website www.whatsloan.com or by offline mode, except the ones obtained for impersonified registrations on the website. Any purchase of the subscription free or at a discount price is non-refundable.
Builder Branded App and Builder Sales CRM Non-refundable , other than , builder content is not good enough to publish Builder Branded App within 30 days after the payment , in which case 25% of the payment done will be deducted.
Renewal Fees for Technical support Service There will no refund for the renewal of listing or the continuing branded app on app store, even if the project is called off for reasons.
Package Upgrades Home Buy to Builder Branded App & Sales CRM Non-Refundable

Refund Procedure

  • All refund requests must be submitted to our contact@whatsloan.com
  • The decision about whether to grant a refund request is made within 3 working days.
  • If the refund is granted, the user must remove all copies of the listings from our Apps or any of its derivatives and should not use the listings on our Apps.

Limitations of Use

In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer the Products & Services or otherwise make it available to any third party; (ii) provide any service based on our Products & Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (vi) use the Products & Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of WhatsLoan; (vii) violate any applicable local, state, national or international law; and (viii) create a false identity to mislead any person as to the identity or origin of any communication.

Spam

You agree to be solely responsible for the contents of your transmissions through our Products & Services. You agree not to use our Products & Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use our Products & Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Products & Services if there are reasonable grounds to believe that you have used the Products & Services for any illegal or unauthorised activity.

Inactive Accounts

We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 30 days. In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. The data deletion policy may be implemented with respect to any or all of the Products & Services. Each product will be considered an independent and separate for the purpose of calculating the period of inactivity. In other words, activity in one of the product is not sufficient to keep your user account in another active.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Products & Services does not grant WhatsLoan the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Whatsloan’s commercial, marketing or any similar purpose. But you grant WhatsLoan permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.

User Generated Content

You may transmit or publish content created by you using any of the Products & Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Products & Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Products & Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Products & Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that WhatsLoan will have the right to block access to or remove such content made available by you if WhatsLoan receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Products & Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by WhatsLoan for this purpose. For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Products & Services and If you wish to protest any blocking or removal of content by WhatsLoan, you may contact us at contact@whatsloan.com.

Logo & Trademarks

WhatsLoan, whatsloan.com domain name, WhatsLoan logo, the names of individual Products & Services and their logos are trademarks of Home Equity India Private Limited. You agree not to display or use, in any manner, the WhatsLoan trademarks, without Whatsloan’s prior permission.

Copyrights

Reporting, Notice & Takedown

Home Equity India Private Limited respects the intellectual property rights of others and expects users of Products & Services to do the same.

If you discover any content or Listing on Products & Services, here in referred to as “Our Products & Services” that you believe infringes your rights you may either contact by mail or write to us directly, in the manner provided below, or approach us through the procedure set out under the applicable provisions of the Information Technology Act.

If you have a good faith belief that your copyright has been infringed through any Third Party Property Listing, you may follow the below process:

You could send a notice to us or our designated copyright agent by email to timmana.gouda@whatsloan.com / timmana.gouda@homequity.in or by physical mail to the following address:

Managing Director, Home Equity India Private Limited No 305, Classique Mansion, 6th Cross, HAL II Stage, Indiranagar, Bangalore-56008, Karnataka, INDIA

Your notice must contain the following details –

  1. A statement clearly identifying and describing your copyrighted work claimed to be infringed on our Web & Mobile Products.
  2. Please clearly identify and describe the infringing material(s) or the work(s) uploaded on our Web & Mobile Products that you claim to be infringing in nature with adequate particulars such as name of uploader, title of the work(s), language of the work(s), duration of the work(s) etc.
  3. Please clearly identify and describe the location where the material that you claim is infringing is located on our Web & Mobile Products or in the case of more than one such material, the location where each of such material(s) that you claim are infringing are located.
  4. Please mention your full name, designation, address, telephone number, and email address so that we may contact you in the case of any clarifications, or, in the case any counter-request is received by the uploader.
  5. A statement that the information in your notice is accurate and that you are the copyright or intellectual property owner of the work(s) claimed to be infringed, or that you are authorised to act on the copyright or intellectual property owner's behalf in this regard.
  6. Please include a statement, if you are the owner, that you have not authorized or permitted the infringing activity in any manner, or, if you are acting on behalf of the owner, that you have a good-faith belief that the use of the material complained of is not authorized by the copyright or intellectual property owner, its agent, or the law.
  7. In case you are sending the notice via email, please sign the email with a valid electronic signature as required under applicable provisions of the Information Technology Act, 2000 and related rules.

Please ensure that your notice is in compliance with the requirements stated above without which we would not be in a position to act upon your notice

Disclaimer

You expressly understand and agree that the use of the Products & Services is at your own risk. The Products & Services are provided on home buy and loan as a service basis. Whatsloan expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of fit for a particular purpose. Whatsloan makes no warranty that the Products & Products & Services will be uninterrupted, timely, secure, or error free. Use of any material downloaded or obtained through the use of our Products & Products & Services shall be at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the Products & Services or the download of any such material. No advice or information, whether written or oral, obtained by you from Whatsloan, its employees or representatives shall create any warranty not expressly stated in the terms.

Limited Liability

You agree that Whatsloan shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the service, even if Whatsloan has been advised of the possibility of such damage. In no event shall Whatsloan’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you towards such service.

Indemnity

You agree to indemnify and hold harmless WhatsLoan, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Products & Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Products & Services, except where such use is authorized by WhatsLoan.

LEGAL JURISDICTION

You agree to inform us if you come across any listing or posting that is offensive or violates our listing policy or infringes any intellectual property rights by sending a mail to contact@whatsloan.com to enable us to keep our Mobile Apps working effectively to meet user needs. We reserve the right to take down any posting, listing or information and or limit or terminate our Services and further take all reasonable legal steps to prevent the misuse of our Mobile Apps in keeping with the letter and spirit of these Terms. In the event you encounter any problems with the use of our Website Mobile Apps or such Products & Services you are requested to report the problem by sending an e-mail to contact@whatsloan.com . The information provided on our Mobile Apps or our Website is based on our data which is collected from various publicly known sources viz, your websites, documents and maps including our proprietary data resources, and from the inputs of unidentifiable sources . It ought to be considered as a guideline and not accurate data or content. While care has been taken for groundwork, no responsibility is accepted for the accuracy as whole or in part. This information is absolute our property. It shall not be reproduced in any form, in part or whole, without our prior written permission. The information is provided on an "as is" and "as available to us" basis. We expressly disclaim warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Courts at Bangalore, Karnataka, India shall have the exclusive jurisdiction in all matters relating to the use of this Policy, irrespective of the territory and jurisdiction of your access to the Website and our Mobile Apps.

Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to contact@whatsloan.com within 30 days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the Terms of Use. You have the right to terminate your user account if WhatsLoan breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees. Termination of user account will include denial of access to all Products & Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.

Updated in October 2016