1. User obligations and account registration
This section sets the ground rules for how users must conduct themselves on your platform.
- Eligibility: State the minimum age requirement for users (e.g., 18 years old) and their legal capacity to enter into a binding contract.
- Account security: Users are responsible for safeguarding their login credentials and for all activities that occur under their account.
- Accurate information: Users must provide true, accurate, and current information during registration and when posting content. Your site can reserve the right to suspend or terminate accounts that provide false information.
- Prohibited conduct: Prohibit activities such as:
- Using the site for any unlawful purpose.
- Posting offensive, vulgar, or defamatory content.
- Misrepresenting affiliations or impersonating others.
- Attempting to introduce viruses or interfere with the site’s security.
- Automated data extraction (scraping) without explicit consent.
2. Disclaimers and limitation of liability
A real estate website typically functions as an intermediary and is not responsible for the accuracy of third-party content. This section limits your legal exposure.
- Informational purpose only: State that the website’s content is for informational purposes and should not be construed as legal, investment, or real estate advice.
- User due diligence: Emphasize that users are responsible for independently verifying any property details, title authenticity, and the credentials of builders or sellers. The website is not liable for any inaccuracies.
- Platform liability: Explicitly state that you are not a party to transactions between users and will not be held liable for any loss, damage, or legal issues arising from such interactions.
- “As is” basis: State that the service is provided “as is,” without warranties of any kind. This protects you from claims related to site interruptions, errors, or inaccuracies.
3. Content and intellectual property rights
Protecting your site’s content and managing user-generated content is vital.
- Ownership: State that all intellectual property on the website (logos, design, software) belongs to you or your licensors.
- User-provided content: Specify that when a user uploads content (e.g., photos, descriptions), they grant the website a license to use it. Some sites may also claim full ownership of user-contributed content.
- Infringement claims: Include a procedure for users to report any alleged intellectual property infringements.
4. Compliance with Indian law
Adherence to Indian regulations is mandatory for real estate websites operating in the country.
- RERA compliance: Require all builders, developers, and agents who list properties to comply with the Real Estate (Regulation and Development) Act (RERA) in their respective states. Include a disclaimer that the website does not verify RERA registration and users must do so independently.
- Consumer Protection Act: Acknowledge that you must ensure fair practices and provide accurate information in line with this Act.
- Legal Metrology Act: If property area is a critical detail, reference the need for standard units of measurement (e.g., square meters) as required by this Act.
- Information Technology Act, 2000: Reference this act for matters related to data protection and liability of intermediaries.
5. Governing law and jurisdiction
This clause specifies which country’s and state’s laws govern the agreement and where any legal disputes will be heard.
- For a business based in India, this typically means stating that the T&Cs are governed by the laws of India and that the courts in a specific city (e.g., Delhi, Hyderabad) have exclusive jurisdiction.
6. Privacy and data protection
Reference your separate Privacy Policy and the handling of user data.
- Ensure the Privacy Policy is comprehensive and compliant with India’s Digital Personal Data Protection (DPDP) Act.
7. Grievance officer
Under India’s IT Rules, it is mandatory for certain online platforms to appoint a Grievance Officer.
