Terms of Service
Last updated: January 2025
Welcome to ThePropBook ("Service," "Platform," "we," "our," or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you and ThePropBook, governed by the laws of India, including the Information Technology Act, 2000, the Indian Contract Act, 1872, the Consumer Protection Act, 2019, and the Real Estate (Regulation and Development) Act, 2016 (RERA).
1. Service Description
ThePropBook is an online property marketplace platform that facilitates:
- Property Listings
Search, browse, and list residential, commercial, and event properties
- Lead Management
Connect buyers with sellers, brokers, and builders
- Transaction Facilitation
Secure booking and payment processing for property transactions
- Professional Tools
Dashboards for brokers and builders to manage listings and leads
2. Acceptance of Terms
By accessing, registering, or using ThePropBook, you acknowledge that:
- You have read, understood, and agree to be bound by these Terms
- You are at least 18 years old and have legal capacity to enter into contracts
- You will comply with all applicable Indian laws and regulations
- You will provide accurate, current, and complete information
- You are responsible for maintaining the confidentiality of your account
3. User Accounts and Registration
3.1 Account Creation
To use certain features, you must create an account by providing:
- Valid email address and phone number
- Accurate personal or business information
- Strong password (minimum 8 characters)
- Verification documents as required (for brokers/builders)
3.2 Account Responsibilities
- Account Security
You are solely responsible for all activities under your account
- Immediate Notification
Notify us immediately of any unauthorized access or security breach
- Account Accuracy
Keep your account information updated and accurate
- One Account Per User
You may not create multiple accounts without our written permission
4. Service Usage Rules
4.1 Permitted Use
You may use ThePropBook to:
- Search and browse property listings for personal or business purposes
- List properties you own or are authorized to represent
- Communicate with other users through our secure messaging system
- Access professional tools and dashboards (for registered brokers/builders)
4.2 Prohibited Activities
You must NOT:
- Violate any Indian laws, including IT Act, 2000, RERA, Consumer Protection Act
- Post false, misleading, or fraudulent property information
- Infringe on intellectual property rights of others
- Upload malicious code, viruses, or harmful software
- Harass, abuse, threaten, or harm other users
- Spam, send unsolicited communications, or engage in phishing
- Impersonate any person, entity, or organization
- Use automated systems (bots, scrapers) without authorization
- Interfere with platform operations, security, or performance
- Circumvent security measures or access unauthorized areas
5. Property Listings and Content
5.1 Listing Requirements
All property listings must comply with RERA regulations and include:
- RERA Registration Number
For projects registered under RERA (mandatory for new projects)
- Accurate Property Details
Area, location, specifications, amenities, and pricing must be truthful
- Legal Documents
Title deeds, approvals, completion certificates, and other relevant documents
- Current Pricing
All prices must be current, include applicable taxes, and comply with RERA pricing norms
- Authentic Images
Only real property images; no stock photos or misleading visuals
5.2 Content Ownership and License
By uploading content to ThePropBook, you grant us:
- Non-exclusive License
To use, display, distribute, and modify your content for platform operations
- Worldwide Rights
To use content across all ThePropBook platforms and marketing materials
- Moderation Rights
To review, edit, or remove content that violates our policies
You retain ownership of your content but are responsible for ensuring you have rights to grant this license.
6. Fees and Payment Terms
6.1 Service Fees
ThePropBook may charge fees for:
- Premium Listings
Enhanced visibility and featured placement of property listings
- Lead Subscriptions
Monthly or annual subscriptions for access to qualified leads
- Transaction Commissions
Percentage-based commission on successful property transactions
- Professional Services
Additional services like property verification, photography, etc.
6.2 Payment Processing
- Payment Methods
UPI, Credit/Debit Cards (Visa, Mastercard, RuPay), Net Banking, Digital Wallets
- GST Compliance
All fees are inclusive of applicable GST as per Indian tax laws (currently 18%)
- Payment Security
All transactions processed through PCI-DSS compliant payment gateways
- RBI Compliance
Payment processing complies with Reserve Bank of India guidelines
- Refund Policy
Refunds governed by our separate Refund Policy and Consumer Protection Act, 2019
7. Intellectual Property Rights
All intellectual property on ThePropBook, including but not limited to:
- Trademarks, logos, and brand names (ThePropBook, ThePropBook logo)
- Software, code, algorithms, and platform architecture
- Design, graphics, user interface, and user experience elements
- Content, documentation, and marketing materials
are protected under the Copyright Act, 1957, Trademarks Act, 1999, and Patents Act, 1970. Unauthorized use, reproduction, or distribution is strictly prohibited and may result in legal action.
8. Disclaimers and Limitations
8.1 Platform Disclaimer
ThePropBook is provided "as is" and "as available" without warranties of any kind. We do not guarantee:
- The accuracy, completeness, or reliability of property listings
- That properties are available, legal, or suitable for your needs
- Uninterrupted, error-free, or secure platform operation
- That transactions will be completed successfully
- Compatibility with all devices, browsers, or operating systems
8.2 Limitation of Liability
To the maximum extent permitted by Indian law, ThePropBook shall not be liable for:
- Indirect, incidental, special, or consequential damages
Including lost profits, data loss, or business interruption
- Property disputes or legal issues
Between buyers, sellers, brokers, or builders
- Third-party actions
Including fraud, misrepresentation, or breach of contract by other users
- Technical failures
System downtime, data loss, or security breaches beyond our reasonable control
Our total liability for any claim shall not exceed the amount you paid to us in the 12 months preceding the claim, or ₹10,000, whichever is lower.
9. Indemnification
You agree to indemnify, defend, and hold harmless ThePropBook, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:
- Your use or misuse of the platform
- Your violation of these Terms or any applicable laws
- Your violation of any third-party rights
- Inaccurate, false, or fraudulent property listings or information
- Your breach of any representations or warranties
10. Termination
10.1 Termination by You
You may terminate your account at any time by:
- Contacting our customer support
- Using the account deletion feature in settings
- Sending written notice to legal@thepropbook.com
Upon termination, your right to use the platform immediately ceases. We may retain your data as required by law or for legitimate business purposes.
10.2 Termination by Us
We reserve the right to suspend or terminate your account immediately, with or without notice, for:
- Violation of these Terms or our policies
- Fraudulent, illegal, or harmful activity
- Non-payment of fees or charges
- Misrepresentation or false information
- Any reason we deem necessary to protect platform integrity
11. Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of courts in Gurugram, Haryana, India.
11.2 Dispute Resolution Process
In case of disputes, parties agree to:
- Step 1: Good Faith Negotiation
Attempt resolution through direct communication within 30 days
- Step 2: Mediation
If negotiation fails, engage in mediation through a mutually agreed mediator
- Step 3: Arbitration
If mediation fails, disputes shall be resolved through arbitration under the Arbitration and Conciliation Act, 2015
- Step 4: Court Proceedings
Only if arbitration is not applicable or fails, parties may approach courts in Gurugram
11.3 Consumer Protection
As per the Consumer Protection Act, 2019, consumers have the right to:
- File complaints with our Grievance Officer
- Approach Consumer Disputes Redressal Commissions
- Seek remedies for unfair trade practices or deficient services
12. Compliance with Indian Laws
Users must comply with all applicable Indian laws, including but not limited to:
- Information Technology Act, 2000
And rules thereunder (IT Rules, 2021)
- Real Estate (Regulation and Development) Act, 2016 (RERA)
Compliance with RERA registration and disclosure requirements
- Consumer Protection Act, 2019
Fair trade practices and consumer rights
- Digital Personal Data Protection Act, 2023
Data privacy and protection obligations
- Foreign Exchange Management Act, 1999
For NRI transactions and foreign investments
- Goods and Services Tax (GST) Laws
Tax compliance for transactions
- Prevention of Money Laundering Act, 2002
KYC and AML compliance for high-value transactions
13. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified through:
- Email notification to registered users
- Platform notification or banner
- Updated “Last updated” date on this page
Your continued use of ThePropBook after such changes constitutes acceptance of the modified Terms. If you do not agree, you must discontinue use and terminate your account.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original.
15. Contact Information
ThePropBook Legal Department
Email: legal@thepropbook.com
Phone: +91 123 456 7890
Address: 123 Business Park, Sector 18, Gurugram, Haryana 122015, India
Grievance Officer: grievance@thepropbook.com
As per IT Act, 2000, we will respond to grievances within 30 days.
By using ThePropBook, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, please do not use our platform.