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Terms and Conditions

Terms & Conditions

Hill-MaxAdvisors is Hill Station Real Estate Consulting & Advisory and having its office at Heritage Cottage, University of Ranichauri, Chamba, Tehri, Uttarakahnd. This website www.hill-max.com is owned by Hill-MaxAdvisors and these terms and conditions constitute a legally binding agreement between Hill-Maxand the Clients for use of this website and services mentioned therein. Hill-Maxreserves the right to modify this terms and conditions at any time without notice and it shall be effective from the time of such modifications displayed in this website. Clients shall read this terms and conditions periodically.

Hill-Maxexclusively lists and advises Uttarakhand hill station real estate and clients shall post only hill station properties and restricted for irrelevant or non hill station property posting as it will affect the user experience of this website and business reputation of Hill-MaxAdvisors.

By accessing the website or registering in the website or clicking “I agree to Hill-MaxAdvisors Terms & Conditions”, the client agree to be bound by this terms and conditions. Hence Clients shall read this terms and conditions before use of this website in any manner. If the client does not agree to any of the terms and condition, they shall not use this website and the services mentioned therein.

  1. DEFINITIONS
    1. ‘Agreement’ means and includes the completed forms in the website, the completed application forms, any agreement signed between Hill-Maxand a Client to carry out or intends to carry out services and the terms and conditions mentioned hereunder. This agreement the Client and Hill-Maxgoverns their use of this website.
    2. ‘Client’ means and includes any person or entity, by whatever name they are called and wherever they are located, who visit / browse this website, who uses this website and service therein or with whom Hill-Maxhas entered into an agreement for providing any services on its offer.
    3. ‘Services’ means and includes
      • The services offered to clients for posting their property in this website to advertise online and offline to sell or rent. This website is an online platform for advertisement and exchange of information between clients for Free (herein after referred as Free Listing Ad Plans) and for a listing fee (herein after referred as Lead Based Ad Plans). Only within Uttarakhand state alone, Hill-Maxprovides extended support till scheduling the registration or signing the rental agreement to clients to sell or rent out properties for a marketing fee on percentage of sale value or (herein after referred as Task Based Ad Plans) and this specific extended service is not applicable for other states at present.
      • The services offered to clients to buy or hire property which is purely exchange of information between clients. Only within Uttarakhand state alone, Hill-Maxprovides extended support till scheduling the registration or signing the rental agreement to these clients to buy or hire properties for a service fee under the Task Based Ad Plans and this extended service is not applicable for other states at present.
      • The services offered to clients for property management such as construction support, renovation support and property monitoring. These services are limited to Uttarakhand state alone at present, wherein Hill-Maxprovides only support / advisory services for a fee and never do any direct construction or renovation.
    4. The ‘Content’ means and includes but not limited to information, data, images, sketches, photos and videos.
    5. The ‘Property’ means and includes but not limited to independent house, villa, apartment, farm houses, residential plot, agricultural land, estates, commercial land and commercial buildings
    6. The ‘Closure of deal’ means scheduling the registration in the case of property sale / buy or signing the rental / lease agreement in the case of rent / hire / lease a property.
    7. The ‘Act’ means and includes The Indian Contract Act, 1872, The Legal Metrology Act, 2009, The Information Technology Act,2000, Intellectual Property Laws and any other act for the time being in force, as amended and read with any rules and regulations that might be framed there under. By accessing this website, the Client agrees that the Indian law shall be governing this terms and conditions.
  2. GENERAL PROVISIONS
    1. Nullity or invalidity of one or multiple provisions of these terms and conditions shall not affect the validity of the remaining provisions.
    2. The application of any deviating terms and conditions general or otherwise in use by the client is expressly precluded.
  • POSTING, PLANS AND LISTING MANAGEMENT
    1. Only hill station properties are eligible for posting in this website and by clients hold the legal rights of the property or have got proper permission from the owners of the property to advertise online.
    2. The clients can post their property for sale or rental advertisement in this website by choosing any one of the advertisement plans which are available in three different categories “Free Ad Plan”, “Lead Based Ad Plans” and “Task Based Ad Plans”.
    3. Registration with Hill-Maxis must for the clients to post a property in all the cases. And the clients can view their advertisement performance at any point of time through their Hill-Maxaccount only.
    4. In the “Free Ad Plan” and “Lead Based Ad Plans”
      • Hill-Maxwill pass on the contact details / leads of the Clients who advertise (Seller or Property Owner) to the Clients who need the specific property (Buyer or Tenant) and vice versa, for further proceedings between them.
      • Hill-Maxis an online platform for advertisement and never guarantees or warrantees the quantity of leads to the adverting clients since it depends on the market demand for the specific properties at the time of advertisement.
      • Refer Membership page of this website for more details about the fee structures and features.
      • The clients (Sellers or Property Owners) who understand and agree to it shall alone post their property under the “Free Ad Plan” or “Lead Based Ad plan” for sale or rent in this website.
    5. In the “Task Based Ad Plans” (Featured, Premium and Exclusive Properties)
      • Hill-Maxwill coordinate between the client who advertises (Seller or Property Owner) and the Clients who need the property (Buyer or Tenant) from this website listing till closure of the deal (Sale or Rent out the property) instead of just passing on the leads between them.
      • In addition to online advertisement, Hill-Maxprovides extended support to the advertising clients and the clients who need the property till scheduling registration or signing the rental agreement but never guarantees or warrantees the successful completion of the deal since it depends on the market demand for the specific properties at the time of advertisement.
      • If a buyer doesn’t find a matching property from this website listing, Hill-Maxmay source and offer a matching property to the buyer and it shall be treated as an offer under the “Task Based Ad Plan” and all the terms and conditions mentioned herein shall apply to it
      • In the event of successful closure of deal, the advertising clients agree and indemnify to pay the marketing fee in addition to the listing fee (which has been collected in advance as a token of advance) and the clients who wish to buy or rent the property (Buyer or Tenant) agree and indemnify to pay the service fee to Hill-Maxfor the service rendered by Hill-Maxtill scheduling registration or signing the rental agreement.
      • Refer Membership page of this website for more details about the fee structures and features.
      • The clients (Sellers or Property Owners) who understand and agree to these terms and Conditions shall alone post their property under the “Task Based Ad plans” for sale or rent in this website.
      • The clients (Buyers or Tenants) who understand and agree to these terms and conditions shall alone choose the “Featured”, “Premium” and “Exclusive” tag properties in this website listing.
      • By clicking the view contact / entering mobile number / entering OTP received / submitting any forms / clicking “I agree to Hill-MaxTerms & Conditions” in this website, the client who wish to buy the specific property (Buyer) or who wish to hire / lease the specific property on rental or lease basis (Tenant) agrees to these terms and conditions and legally bound to pay the applicable service fee to Hill-Max, in the event of successful closure of deal (buy or hire / lease a property)
    6. Specific advertisement plans are valid for certain period of time and the advertisements will be displayed till such period only irrespective of this website downtime for maintenance or due to any other reason.
    7. Hill-Maxshall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Hill-Maxand Hill-Maxshall have the right to modify the property listing in the exercise of its rights under these terms and conditions.
    8. While Hill-Maxshall take all reasonable efforts for data backup however, the Clients shall be solely responsible for retaining back-up copies of all information, photographs and other materials posted on this website and furnished to Hill-Max.
    9. The Clients agree and consent Hill-Maxfor placement of advertisement / sign boards at the site with Hill-Maxname for promotion as and when required by Hill-Max.
    10. Hill-Maxshall have the authority to promote the listed properties through any other link, social medial platforms, online and offline resources at its discretion without any intimation to the Clients who posted it in this website. The Clients who agree to this alone shall post their property in this website. Hill-Maxreserves the right to remove part of the content or edit it or amend it.
  1. PROHIBITED & RESTRICTED ACTIVITIES
    1. The clients are restricted to post
      • any irrelevant properties (non hill station properties) including properties at foot hills
      • any property which is in landslide or other restricted areas of hills
      • any property on which they don’t have legal right or they don’t have legal authorization to represent it or belongs to others
      • any property which has litigation or pending cases in the court of law
      • any unlawful, evasive, misleading or incorrect contents
      • Trademarks and Patents infringing contents
      • any information belonging to others or content which may cause inconvenience / trouble to others or content objectionable to others in any manner
    2. The clients shall not share their Hill-Maxaccount details to others for any activities in this site.
    3. The clients shall not copy, download, edit, alter, duplicate the content of this website (including images, videos and sketches) and use it anywhere else directly or indirectly.
    4. The clients shall not use this website and the services therein for any unlawful purpose or in a way which may affect the reputation, business interest and operation of Hill-Max.
    5. The clients shall not access or attempt to access anything in this website beyond the service offered to them or beyond the access authorized to them.
    6. The clients shall not breach or attempt to breach the security system of this website / its server in any manner.
    7. The clients shall not upload or attempt to upload any virus or virus containing software / program / content / image / video or Spam creating contents into this website / its server and shall not do any other harmful things which may affect this website / its server in any manner.
    8. The clients shall not do anything which may overload this website and its server.
    9. The clients shall not involve in activities like repeatedly posting a same property in free listing and any other activities which may affect the user experience of this website, reputation and business interest of Hill-Max.
    10. In order to evade the marketing fee payable to Hill-Max, the clients (Sellers and Property Owners) shall not contact or deal with the other Clients (Buyers or Tenants), or vice versa, directly or indirectly, who has been introduced / brought into business contact by HILL-MAXunder the “Task Based Ad Plans” and through HILL-MAXefforts and cost.

The clients who use this website agree to the above terms of prohibited & restricted activities and indemnify to pay the losses to Hill-Max, if they violate any of these terms.

  1. QUOTE FOR PROPERTY MANAGEMENT SERVICES
    1. Every offer or quotation issued by Hill-Maxis without obligation.
    2. A quotation shall not oblige Hill-Maxto carry out the job or a component of the quotation according to the corresponding price component.
    3. Hill-Maxshall not be bound by apparent errors or flaws in its/ its quotations to Clients. Any incomplete or incorrect details furnished in it shall not entitle the client to derive any rights there from.
    4. An agreement is concluded through a process of offer and acceptance thereof. If the offer stipulates that an agreement is only concluded once it has been signed by the client, then that agreement shall only come into effect once the relevant document, drawn up by Hill-Max, has been signed by the client and has been returned to Hill-Max.
  2. PAYMENT TERMS
    1. Listing fee is received for advertising the property online on this website and it is 100% advance payment only.
    2. Marketing fees mentioned for the extended support till scheduling the registration to sell a property under the “Task Based Ad Plans” shall be paid by the Client who advertised the property / property owner (Seller) upon closure of deal and before the registration of that property without protest and such client hereby indemnify it.
    3. Service Fee mentioned for the extended support till scheduling the registration to buy a property under the “Task Based Ad Plans” shall be paid by the client who wish to buy (Buyer) upon closure of deal and before the registration of that property without protest and such client hereby indemnify it.
    4. Marketing fees mentioned for the extended support to rent or lease a property under the “Task Based Ad Plans” shall be paid by the client who advertised the property / property owner on or before signing the rental or lease agreement for that property without protest and such client hereby indemnify it.
    5. Service Fee mentioned for the extended support to hire or lease a property under the “Task Based Ad Plans” shall be paid by the client who wish to hire (Tenant) on or before signing the rental or lease agreement for that property without protest and such client hereby indemnify it.
    6. In the event of failure to make the marketing fee by the client who posted / advertised their property in this website to sell (Seller) and the service fee by the client who wish to buy the property (Buyer) upon closure of deal and before registration, Hill-Maxreserves all the rights to proceed with legal actions against the client who refuse to pay such fee to recover the same on the day of registration or after registration at Hill-Maxdiscretion and all the cost towards this shall be to the account of such client.
    7. In the event of failure to make the marketing fee by the client who posted / advertised their property in this website to rent/lease (Property Owner) and the service fee by the client who wish to hire / lease the property (Tenant) upon closure of deal and on or before the day of signing the rental / lease agreement, Hill-Maxreserves all the rights to proceed with legal actions against the client who refuse to pay such fee to recover the same and all the cost towards this shall be to the account of such client.
    8. In any case of payment delay, Hill-Maxreserves the right to charge and claim interest at the rate of 1% per month till the time of final payment receipt.
    9. The Hill-Maxshall reserve the right of revising, altering or amending the fee, payment terms or the general terms and conditions at its own discretion any time without prior notice to clients.
    10. As the online payments, debit card or credit card payments are done through third party payment gateways, for any issues that rise while transacting through these payment gateways, Hill-Maxshall not be made responsible for the payments made by Clients.
    11. Hill-Maxwill not store or keep any credit/ debit card data of clients
    12. Hill-Maxshall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the client’s account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
    13. Fee for services other than property posting such as construction support, renovation support and property monitoring are customized and based on the client’s requirement. The payment terms for such services shall be as per the offers submitted by Hill-Maxto the clients from time to time.
  • REFUND TERMS
    1. Listing fee is received for advertising the property online on this website. Once the property is posted on this website, it is not refundable for any reason and under any circumstances.
    2. If the client upgrades his property advertisement to a better plan, the previous listing fee amount shall be forfeited and shall not be refunded at any circumstances.
    3. Marketing Fee and Service Fee payment made by clients are for the service rendered by Hill-Maxfor the closure of deal and it shall not be refundable for any reason and under any circumstances.
    4. Hill-Maxexclusively deals with hill station properties and hence Clients shall not post irrelevant properties or non hill station properties or foot hill properties in this website. If posted, Hill-Maxreserves the rights to cancel such property postings without assigning any reason to the client and refund only 50% of the listing fee payment made. On repeated such postings by a client, Hill-Maxshall not refund any listing fee and reserves the right to take legal actions on the client and make claim for the loss of Hill-Maxbusiness reputation and hindrance to the quality of this website service.
    5. In case of any other payment set offs agreed by Hill-Max, Hill-Maxhas the sole discretion and it reserves its right without prejudice to other rights and remedies that it may have under the applicable laws in force. HILL-MAXshall not guarantee whatsoever for the accuracy or timeliness of the refunds reaching client’s bank accounts.
  • PRIVACY POLICY
    1. The clients agree to the privacy policy of Hill-Maxmentioned in page of this website.
  1. INTELLECTUAL PROPERTY (IP) RIGHTS
    1. Logos, Brands and Trademarks appearing in this website are the intangible assets / properties that are either owned by Hill-Maxor used under license by Hill-Maxfrom its associates. Hill-Maxand its associates own and reserve all rights pertaining to it. Use of these Logos, Brands and Trademarks in any form or manner is strictly prohibited and any violation of this would be an offence under applicable laws.
  2. MAIN OBLIGATIONS OF CLIENT
    1. The clients, who wish to buy or rent a property from the Hill-Maxproperty listing in this website, shall verify all the details about the property as well as its right, title, ownership, lien etc. on their own.
    2. The clients who advertise the property under “Task Based Ad Plans” (Featured, Premium and Exclusive Plans) shall pay the marketing fee upon closure of deal and before registration in the case of sale of a property or on or before signing the rental / lease agreement, in the case of rent / lease of a property
    3. The clients who wish to buy or rent a property displayed “Task Based Ad Plans” (Featured, Premium and Exclusive Plans) shall pay the service fee upon closure of deal and before registration in the case of sale of a property or on or before signing the rental / lease agreement, in the case of rent / lease of a property.
    4. If a property is sold out or rented out by the client through any other source, the client shall intimate the same to Hill-Max on contact@hill-max.com or delete their posting through their Hill-Maxaccount within 7 days from the date of sale or rent out.
    5. If the government or any statutory body or any bank or court, blocked the property survey number of a property restricting the sale of it for any reason, the client who posted / advertised the property shall delete his posting from this site within 7 days from the day of receipt of notice from government or came to know about such event.
    6. The Client agrees to Hill-Maxfor saving the data entered and for using it commercially at the discretion of Hill-Max
    7. The clients shall treat any information obtained from this website as personal for their intended purpose and confidential. The Client shall not copy, download and present or promote it in any other form with or without alteration in any other online or offline sources for any reason.
    8. The client shall be required to inform Hill-Max of all facts and circumstances that may affect the execution of the agreement by Hill-Max, both at the beginning and during the duration of the agreement.
    9. The client shall furnish all information and documents reasonably required to enable the execution and realization of the objectives of the agreement.
    10. The client gives consent to Hill-Max and its associates to send alerts, promotional messages and promotional calls by entering email id or mobile number on this website for any purpose. If the Client does not want to receive these kinds of messages, they shall not submit their mobile email id or number in this website.
    11. If clients conclude an agreement, partly or fully, on behalf of another person, natural or legal person, then by entering into that agreement they affirms that they are authorized to that effect. The client in addition to the legal person shall be jointly and severally liable for the obligations ensuing from the agreement.
  3. DISCLAIMER
    1. Hill-Max displays the properties in this website only for online advertisement purpose and shall not responsible for the performance of any advertisement in any manner. Hill-Max does not guarantee or warrantee for the quantity or quality of response / leads to the clients for their property displayed / advertised on this website.
    2. Hill-Max does not guarantee or warrantee for the successful sale completion or leasing or renting out of a property listed by the clients in this website.
    3. The Services offered by Hill-Max in one area may differ or not available in other area due to various reasons. Hill-Max never warranty to clients in an area to provide services offered in other area.
    4. The content of properties listed in Hill-Max website is shown in ‘as is where is’ and ‘as available’ basis without any warranties. Therefore a client agrees to not lodge any claim either directly or indirectly against Hill-Max in the event of non-availability or difference in the conditions and information of the properties listed.
    5. It is the sole responsibility of the clients to evaluate the correctness, completeness, precision and helpfulness of opinions, services, advices, real estate and other related information listed in this website.
    6. It is the sole responsibility of the clients to do the back ground check of each other (Seller and Buyer) in the case of sale of a property listed in this website or offered by Hill-Max
    7. It is the sole responsibility of the clients to do the back ground check of the tenant in the case of renting / leasing a property listed in this website or offered by Hill-Max.
    8. Hill-Max scope of extended support under “Task Based Ad Plan” is limited till scheduling the registration and shall not be responsible for the registration in the case of sale of a property. Similarly Hill-Max scope is limited till signing the rental / lease agreement and not responsible for anything beyond it in the case of rent / lease of a property.
    9. Any client who transacts with Hill-Max through its website or otherwise shall disclaims all warranties, direct or indirect, statutory or otherwise against Hill-Max in respect of any issues arise out of the accuracy and completeness of information, fitness of properties dealt with, contents of the listings, computer software and viruses and any other rights regarding services of Hill-Max.
    10. Hill-Max shall not be liable for damage results from incorrect or incomplete details or information supplied by the client which got displayed or passed on for further process.
    11. Hill-Max shall never be liable for damage incurred by any client, which can be attributed to the tenant of the property.
    12. Clients are advised to be cautious while engaging third parties advertised in this website or introduced by Hill-Max. Hill-Max shall never be liable for engaging such third parties by the clients and for any damage resulting from their actions. Clients agree that they engage such third parties at their own responsibility and will not link Hill-Max or make any claim on Hill-Max in the event of any dispute among themselves.
    13. If a client access the services of this website from outside India, the client is fully responsible for the compliance of laws of the country from where the client access the services of this website and also applicable International Laws and conventions. HILL-MAXis not liable for any violations of these laws and conventions and the client is fully responsible for it. If any damage whatsoever happens to HILL-MAXdue to such violations, HILL-MAXshall claim the damages from that client.
    14. HILL-MAXis not responsible for any damages of any kind arising out of or relating to the use or the inability to use HILL-MAXwebsite, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, the clients were intimated or advised of the possibility of such damages.
    15. HILL-MAXshall never warrants to clients that the access to this website will be uninterrupted or error-free or free from any computer viruses.
    16. In any circumstance, HILL-MAXmaximum liability under this agreement shall be limited to the amount of fee paid by the client to HILL-MAX.
    17. HILL-MAX assists the clients in site visit under Task Based Ad Plans in specific area but it shall be the sole responsibility of the property owner who advertised the property. HILL-MAX shall not be liable for any cost incurred by its clients towards site visits or fulfillment of site visit or result out of it.
    18. HILL-MAX shall not be responsible for any dispute arising between its clients for any reason. In case of any dispute between the clients, the clients hereby agree not to make HILL-MAX as a party of the dispute in any manner and not to make any claim against HILL-MAX or its employees or its realtor agents. HILL-MAX clients shall deal among themselves on their own responsibility.
    19. HILL-MAXshall not be liable for any loss of information due to any reason and disruption or termination of the service
    20. HILL-MAXshall not be liable for any delay in delivery of email or SMS to the clients on usage of this website.
    21. HILL-MAXshall not be responsible for the legal aspects or lien of the property listed in this website in any way and it shall be the sole responsibility of Clients to wish to buy to verify the same before they decide to buy it.
    22. HILL-MAXaccepts no responsibility for checking/verifying the accuracy of information, content, image and video submitted or posted by the Clients for advertisement.
  • CANCELLATION, SUSPENSION AND TERMINATION

When the property is sold out or rented out or for any other reason pertaining to the Clients, the clients shall delete their property posting made by them in this website though their HILL-MAXaccount or by sending an email request for cancellation on contact@hill-max.com within 7days from the day of sale or rent out without fail.

HILL-MAXreserves all the rights to cancel / delete any property posting and advertisement on this website, terminate or suspend the access of the Client to this website and related links on its sole discretion and without assigning any reason what so ever or notice to the client, if HILL-MAXfounds or believes that the Client has violated any of these terms and conditions or any applicable law or objected by anyone else. The client is restricted from claiming any damages from HILL-MAXfor such cancellation or suspension or termination.

  • MAINTENANCE OF WEBSITE / SERVER

HILL-MAXreserves all the rights to do the maintenance of this website and its server as and when required without any notice or assigning reasons to the Clients. In such cases, HILL-MAXshall not be liable for any commercial loss or damage to the Clients or data loss due to service interruption.

  • ARBITRATION

In case of disputes, HILL-MAXand its clients shall have the right to go for arbitration and settle the disputes between themselves before brining such disputes before the Court. In such case, HILL-MAXshall reserve the right to identify a sole Arbitrator who is a third party, independent and neutral person. The decision of the Arbitrator shall be final and binding on both the parties to the dispute. The proceedings of the Arbitration shall be governed by the provisions of The Arbitration & Conciliation Act, 1996 and the place of arbitration shall be Tehri, Uttarakhand.

  1. JURISDICTION

In case of any dispute or any other matter related to HILL-MAXor this terms and conditions, the Hon. Courts in Tehri, Uttarakahnd shall have the exclusive jurisdiction irrespective of the place where the client resides or from where the client accessed / used this website or where the client availed the service

  • GRIEVANCE & NOTICE

Any notice to HILL-MAXshall be in English language and shall be addressed ONLY to HILL-MAX office mentioned under of this website.

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