DRAFT TEMPLATE — This document is a working draft prepared for Owner Keys and has not been reviewed by a lawyer. Before publishing, have this reviewed by counsel licensed in India, particularly for RERA applicability to the property-listing features and DPDP Act, 2023 compliance for the Car QR contact-data feature.
1. Introduction
These Terms and Conditions ("Terms") govern access to and use of the Owner Keys website, mobile application, and related services (collectively, the "Platform"), operated by Owner Keys, having its registered office at Gokavaram, Rajamahendravaram, Andhra Pradesh 533101 ("Owner Keys", "we", "us", or "our").
By registering on, accessing, or using the Platform in any capacity, you ("User", "you") agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules applicable to specific features. If you do not agree, you must not use the Platform.
2. Definitions
- "Platform" means the Owner Keys website, mobile application(s), and any associated services.
- "Listing" means any advertisement, information, or content submitted by a User for a property intended for sale or rent.
- "Property" includes land, flats/apartments, plots, commercial spaces, and individual/independent houses.
- "Registered User" means a person or entity that has created an account under one of the three registration categories described in Clause 4.
- "Car QR Service" means the vehicle QR-code feature described in Clause 9.
- "Cash Transaction" means any exchange of money, tokens, advances, deposits, or consideration of any kind between Users, or between a User and any third party, in connection with a Listing.
3. Acceptance of Terms
Use of the Platform constitutes acceptance of these Terms in full. We may update these Terms from time to time as described in Clause 19. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.
You must be at least 18 years of age and legally competent to enter into a binding contract under the Indian Contract Act, 1872, to register on the Platform.
4. Registration Categories
Owner Keys offers three types of registration. Each category may be subject to separate verification requirements, fees, and listing privileges as displayed on the Platform at the time of registration.
4.1 Corporate Registration
- For builders, developers, real estate firms, property management companies, and other registered business entities.
- Requires submission of valid business/company registration documents, GST registration (where applicable), authorized signatory details, and any other documentation Owner Keys may reasonably request.
- Corporate accounts may be permitted to post a higher volume of Listings and may be subject to a separate commercial agreement or fee schedule.
- The entity is responsible for ensuring that all individuals operating the account on its behalf are duly authorized.
4.2 Agent Registration
- For individual real estate agents, brokers, or intermediaries who list properties on behalf of property owners or clients.
- Requires submission of identity proof, address proof, and, where applicable under state law, a valid RERA agent registration number.
- Agents must disclose their agent status on every Listing they post and must not misrepresent themselves as the property owner.
- Agents are solely responsible for the accuracy of the mandate/authorization they claim to hold from the property owner and for compliance with applicable real estate agent regulations.
4.3 Individual Registration
- For private individuals listing their own property for sale or rent, or seeking to buy/rent a property.
- Requires basic identity verification (e.g., a government-issued ID and a verified mobile number/email).
- Individual Users listing a property confirm that they are the owner or have lawful authority to offer the property for sale or rent.
4.4 Common Registration Conditions
- Users must provide accurate, current, and complete information at registration and keep it updated.
- Owner Keys reserves the right to verify, reject, suspend, or terminate any registration at its sole discretion, including where information provided is false, misleading, or incomplete.
- One person/entity may not maintain multiple accounts within the same category to circumvent listing limits or fees, unless expressly permitted.
5. Property Listing Services
Registered Users may list Properties for sale or rent, including but not limited to: land/agricultural land, flats/apartments, plots, commercial spaces (offices, shops, warehouses, etc.), and individual/independent houses.
- Listings must include accurate details of the Property, including location, area/dimensions, ownership/title status, price or rent expectation, and any material defects or encumbrances known to the lister.
- Owner Keys does not verify, certify, or guarantee title, ownership, physical condition, legal compliance (including RERA registration where applicable), or the accuracy of any Listing.
- Duplicate, misleading, fraudulent, or unauthorized Listings may be removed without notice, and the associated account may be suspended or terminated.
- Users must comply with applicable laws, including the Real Estate (Regulation and Development) Act, 2016 (RERA) and applicable state rules, where such laws apply to the Property or transaction being listed.
6. Nature of the Platform
Owner Keys is strictly an information and listing platform. It connects prospective buyers, tenants, sellers, and landlords with one another by displaying Listings submitted by Users. Owner Keys is not a real estate broker, agent, valuer, surveyor, escrow agent, or party to any transaction between Users.
Owner Keys does not participate in, facilitate, hold, process, or have any involvement in negotiations, agreements, payments, or the physical handover of any Property between Users.
7. No Responsibility for Cash Transactions
- Owner Keys is not responsible or liable, in any manner whatsoever, for any Cash Transaction, advance payment, token amount, security deposit, brokerage, commission, or any other monetary exchange between Users or between a User and any third party.
- Owner Keys does not handle, hold, guarantee, or process any payments related to the sale, purchase, or rental of any Property listed on the Platform.
- Owner Keys is not responsible for any dispute, loss, fraud, misrepresentation, breach of contract, or criminal act arising from or connected to any transaction, negotiation, or agreement entered into between Users, whether or not initiated through the Platform.
- Owner Keys is not a party to, and assumes no liability under, any sale agreement, rental agreement, lease deed, or other legal instrument executed between Users.
- All legal, financial, and physical due diligence, negotiation, documentation, registration, and payment matters are the sole responsibility of the Users involved in a transaction.
8. User Due Diligence Obligation
Users are strongly advised, and by using the Platform acknowledge their responsibility, to independently verify all details of a Listing — including ownership documents, title deeds, encumbrance certificates, identity of the counterparty, RERA registration status (where applicable), and any other relevant records — before making any payment, signing any document, or proceeding with a transaction.
- Meet counterparties and inspect the Property in person before any payment or agreement.
- Verify identity documents and ownership/authorization proof independently, including through a licensed advocate where appropriate.
- Avoid making advance payments, token amounts, or deposits without appropriate legal documentation and safeguards.
- Report suspected fraudulent or misleading Listings to Owner Keys promptly.
Owner Keys shall not be held responsible for any loss, damage, or harm — financial or otherwise — arising from a User's failure to conduct adequate due diligence.
9. Car QR Service
9.1 Description
The Car QR Service allows a vehicle owner to affix a unique QR code (issued or generated through the Platform) to their vehicle. When scanned by another person — for example, in the event of improper/blocked parking or a road accident — the QR code enables limited contact with the vehicle owner or their designated emergency contact(s), without publicly displaying the owner's personal contact number.
9.2 Purpose and Permitted Use
- To allow another person to notify the vehicle owner in case the vehicle is causing a parking obstruction.
- To allow another person involved in or witnessing an accident to contact the vehicle owner or their emergency contact.
- The Car QR Service is a convenience/communication feature only and is not an emergency response, roadside assistance, insurance, or towing service.
9.3 How Contact Is Enabled
- Scanning the QR code will route the scanning person to a masked contact option (such as a call-masking link, in-app message, or limited contact form), or, where the owner has expressly configured it, may display the owner's or emergency contact's phone number directly.
- Owner Keys may limit the number of scans, contact attempts, or the information displayed to prevent misuse, spam, or harassment.
9.4 Owner Responsibilities
- The vehicle owner is responsible for providing accurate contact details (own and/or emergency contact) and keeping them updated.
- The vehicle owner is responsible for physically affixing the QR code to their vehicle in a visible manner, if choosing to use the Service, and for its condition/legibility.
- The vehicle owner is responsible for obtaining consent from any third party listed as an "emergency contact" before adding their details to the Service.
9.5 Limitation of Liability for Car QR
- Owner Keys does not guarantee that the QR code will be scanned, that a scan will result in successful contact, or that the owner/emergency contact will respond in time or at all.
- Owner Keys is not liable for any loss, damage, injury, delay, or consequence arising from a failure of the Car QR Service to connect a scanning party with the vehicle owner or emergency contact, including in accident or emergency situations.
- The Car QR Service does not replace, and Users must still contact, applicable emergency services (police, ambulance, fire) directly in the case of an accident or emergency.
- Owner Keys is not responsible for the conduct of any person who scans the QR code or the vehicle owner/emergency contact once mutual contact is established.
9.6 Data Collected
To operate the Car QR Service, Owner Keys will collect and store the vehicle owner's name, contact number, vehicle details, and (where provided) one or more emergency contacts' names and numbers. This data is processed in accordance with our Privacy Policy and applicable data protection law, including the Digital Personal Data Protection Act, 2023. Users may update or withdraw this information at any time through their account, subject to Clause 13.
10. User Obligations and Prohibited Conduct
Users agree not to:
- Post false, misleading, fraudulent, or duplicate Listings, or misrepresent ownership, authorization, or agent status.
- Use the Platform for any unlawful purpose, including money laundering, benami transactions, or circumventing applicable property or tax laws.
- Harass, threaten, defraud, or misuse contact information obtained through a Listing or the Car QR Service.
- Scrape, copy, or misuse data from the Platform, including Listings or contact details, for unsolicited marketing or any purpose unrelated to a genuine property or vehicle-related inquiry.
- Upload content that infringes any third party's intellectual property, privacy, or other rights.
11. Content Ownership and Listing Accuracy
- Users retain ownership of the content (photos, descriptions, documents) they upload but grant Owner Keys a non-exclusive, royalty-free license to display, reproduce, and distribute such content on the Platform and in related promotional materials for the purpose of operating the Service.
- Users are solely responsible for the accuracy, legality, and completeness of the content they submit, including Property Listings and Car QR contact details.
- Owner Keys may edit formatting, remove, or reject content that violates these Terms, without any obligation to do so.
12. Fees and Payments to Owner Keys
Certain registration categories, listing types, or the Car QR Service may involve a subscription, listing, or service fee payable to Owner Keys, as displayed on the Platform at the relevant time. Any such fee is strictly for use of the Platform's services (e.g., listing visibility, QR code issuance) and is separate from, and unrelated to, any Cash Transaction between Users described in Clause 7. Fees paid to Owner Keys are non-refundable except as required by law or expressly stated at the time of payment.
13. Privacy and Data Protection
Owner Keys collects and processes personal data (including identity documents for verification, contact numbers, Listing details, and Car QR contact information) in accordance with our Privacy Policy, which forms part of these Terms. By using the Platform, Users consent to such collection, storage, and processing, including sharing limited contact details with other Users as necessary for the Platform's core functions (e.g., enabling a scanning party to reach a vehicle owner).
Users may request access to, correction of, or deletion of their personal data, subject to Owner Keys' legitimate need to retain certain records (e.g., for fraud prevention or legal compliance).
14. Intellectual Property
The Owner Keys name, logo, website, app, and all underlying software, design, and content (excluding User-submitted content) are the property of Owner Keys or its licensors and are protected under applicable intellectual property laws. Users may not copy, reproduce, or create derivative works from the Platform without prior written consent.
15. Disclaimers and Limitation of Liability
- The Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including as to accuracy, completeness, or fitness for a particular purpose of any Listing or Car QR information.
- Owner Keys does not guarantee uninterrupted, error-free, or secure access to the Platform.
- To the maximum extent permitted by law, Owner Keys' aggregate liability to any User for any claim arising out of or relating to the Platform shall not exceed the amount, if any, paid by that User to Owner Keys in the twelve (12) months preceding the claim.
- In no event shall Owner Keys be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profit, loss of property, or loss arising from a transaction, accident, or dispute between Users.
16. Indemnification
Users agree to indemnify and hold harmless Owner Keys, its officers, employees, and affiliates from any claim, loss, liability, damage, or expense (including reasonable legal fees) arising out of: (a) their use of the Platform; (b) any Listing or Car QR information they submit; (c) any Cash Transaction or agreement they enter into with another User or third party; or (d) their breach of these Terms or applicable law.
17. Suspension and Termination
- Owner Keys may suspend or terminate any account, at its sole discretion and without prior notice, for violation of these Terms, suspected fraud, or misuse of the Car QR Service.
- Users may deactivate their account at any time through account settings or by contacting support; certain records may be retained as required by law.
- Termination does not affect any rights or liabilities accrued prior to termination, including obligations under Clauses 7, 15, and 16.
18. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with these Terms or the Platform shall first be attempted to be resolved through good-faith negotiation, failing which it shall be subject to arbitration under the Arbitration and Conciliation Act, 1996, seated at Rajamahendravaram, Andhra Pradesh, in the English language. Subject to the foregoing, the courts at Rajamahendravaram, Andhra Pradesh shall have exclusive jurisdiction.
19. Amendments
Owner Keys may revise these Terms from time to time to reflect changes in the law, the Platform's features, or business practices. Material changes will be notified through the Platform or by email/SMS where feasible. Continued use after such changes take effect constitutes acceptance of the revised Terms.
20. Force Majeure
Owner Keys shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including natural disasters, government action, internet or telecom outages, or other events of force majeure.
21. Contact Information
For questions, complaints, or grievances regarding these Terms, the Platform, or the Car QR Service, please contact:
- Grievance Officer: Grievance Officer
- Email: legal@ownerkeys.com
- Phone: +91 98765 43210
- Registered Address: Gokavaram, Rajamahendravaram, Andhra Pradesh 533101