Hills & Wills Real Estate Private Limited is a Company incorporated under the Companies Act, 2013 (Act No.18 of 2013), having its registered office at 51A/68C, P&T Colony, Tuticorin, Tamil Nadu-628008. This Hills & Wills www.hillsandwills.com along with its services available on any other online sites / platforms (herein after referred to as “Hills & Wills”) is owned by Hills & Wills Real Estate Private Limited. These terms and conditions along with the privacy policy provide the guidelines for the usage of Hills & Wills by a User and constitute a legally binding agreement between Hills & Wills and the User (herein after referred to as ‘Agreement’).
Hills & Wills is an online platform for listing property Ad and providing intermediary service under the Information Technology Act, 2000 for the Users by exchange of information between the User who lists property Ads and the User who search for it with or without subscription to interact among themselves for the purpose of property selling / buying / renting / leasing across Indian hill stations alone. Within Tamil Nadu state alone Hills & Wills provides extended supports for needy User under TNRERA registration in specific hill stations.
BY ACCESSING / BROWSING HILLS & WILLS AT ANY TIME OR REGISTERING IN HILLS & WILLS OR CLICKING “I AGREE TO HILLS & WILLS TERMS & CONDITIONS” OR FILLING ANY FORMS IN THIS HILLS & WILLS OR USING HILLS & WILLS IN ANY OTHER MANNER, THE USER UNDERTAKES AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS MENTIONED HEREUNDER AND ENTER INTO THIS AGREEMENT WITH HILLS & WILLS WHICH SHALL REPLACE ALL PREVIOUS ARRANGEMENTS BETWEEN THE USER AND HILLS & WILLS TO ACCESS HILLS & WILLS AND SERVICES MENTIONED THEREIN. THE USERS SHALL READ THIS TERMS AND CONDITIONS BEFORE USE OF HILLS & WILLS IN ANY MANNER WHATSOEVER. IF THE USER DOES NOT AGREE TO ANY OF THE TERMS AND CONDITIONS AND PRIVACY POLICY, THEY SHALL NOT USE OR ACCESS HILLS & WILLS AND THE SERVICES MENTIONED THEREIN.
HILLS & WILLS RESERVES THE RIGHT TO MODIFY THIS TERMS AND CONDITIONS AND PRIVACY POLICY AT ANY TIME WITHOUT NOTICE AND IT SHALL BE EFFECTIVE FROM THE TIME AND DATE ON WHICH SUCH MODIFICATIONS ARE DISPLAYED IN HILLS & WILLS. THE USERS SHALL READ THIS TERMS AND CONDITIONS PERIODICALLY AND PRIOR TO USE HILLS & WILLS AT ANYTIME. IT IS PRESUMED THAT THE REGISTERED USERS ARE ALSO AWARE OF ANY MODIFICATIONS WHATSOEVER IN THE TERMS AND CONDITIONS THAT HAS TAKEN PLACE POST THEIR REGISTRATION WITH HILLS & WILLS.
I. DEFINITIONS
‘Account’means and includes the account created on this website by the User in accordance with the terms of the Agreement through registration and approved by Hills & Wills.
‘Act’ means and includes The Real Estate Regulation and Development Act (RERA), 2016, The Indian Contract Act, 1872, The Legal Metrology Act, 2009, The Information Technology Act, 2000, Intellectual Property Laws, Copyright law and any other act for the time being in force, as amended and read with any rules and regulations that might be framed thereunder. By accessing this website, the User agrees that the Indian laws shall be governing this terms and conditions.
‘Advertiser’ means those who advertised a property on the website for sale / rent / lease and includes owner, builder, promoter who are the legal owners of a property and real estate agency, individual realtor those who got authorization, permission or power of attorney from the legal owner of a property to advertise it on this website.
‘Agreement’ means and includes the completed forms in the website, the completed application forms, any email / WhatsApp confirmations by User to Hills & Wills, this Terms & Conditions, Privacy Policy stated in this website, any other terms and conditions agreed upon between the Users and Hills & Wills in writing with respect to the Service. This agreement shall be deemed to have been executed at Tuticorin, Tamil Nadu, India.
‘A to Z Sale Assistance’ means an Add-On support by Hills & Wills to the User who listed property for sale which includes enquiry call handling, site visit handling for the User who wishes to buy it, bank loan assistance, co-ordination in documentation and registration and excludes negotiation, commercial terms / dealings and legal aspects of the property which shall be handled between the Users who wish to sell and buy. This service is only and exclusively limited to the territorial jurisdiction of State of Tamil Nadu and presently at Kodaikanal and Nilgiris only.
‘A to Z Buying Assistance’ means an Add-On support by Hills & Wills to the User upon their request who wish to buy a property but does not find a match in the website property listing. It includes property sourcing digitally or vide real estate network, site visit assistance, bank loan assistance, co-ordination of documentation and registration and excludes negotiation, commercial terms / dealings and legal aspects of the property which shall be handled between the Users who wish to sell and buy. This service is only and exclusively limited to the territorial jurisdiction of State of Tamil Nadu and presently at Kodaikanal and Nilgiris only.
‘Closure of deal’ means scheduling the registration in the case of sale/purchase of property or signing the rental / lease agreement in the case of rent / lease of a property.
‘Contact Count’ means the number of property advertiser contact details a buyer can view in the website which depends on the subscription plan they had purchased.
‘Content’ means and includes but not limited to information, data, images, sketches, photos and videos whatsoever.
‘Hills & Wills’ includes Hills & Wills Real Estate Private Limited, its directors, employees, representatives and this website www.hillsandwills.com.
‘Privacy Policy” means the policy as provided in the privacy policy page of this website.
‘Property’ means and includes residential properties like independent houses, row houses, villas, bungalows, apartments, service apartments, studio apartments, farm houses, residential plots, residential lands, agriculture lands, farm lands, estates, cottages and commercial properties like shop, office space, supermarket, homestay, hostel, hotel, restaurant, factory, warehouse, commercial land and other immovable properties situated in the hill stations or hills across India.
‘Services’ means and includes the services provided by Hills & Wills to the Users:
‘User’ means and includes any person or entity, by whatever name they are called and wherever they are located, who visit / browse this website, who list / advertise / subscribe on this site, who uses this website and service therein or with whom Hills & Wills has entered into an agreement for providing any services on its offer.
II. GENERALPROVISIONS
III. Ad POSTING, LISTING AND ADVERTISEMENT MANAGEMENT
The Users understand, agree and acknowledge that only properties located in hill stations across India are strictly eligible for posting in this Hills & Wills for sale / rent / lease under Free or Paid Ad plans by a User (may be owner / power of attorney / builder / promoter / dealer) who hold the legal rights of the property or have obtained prior permission / power of attorney from the legally entitled owner of the property to advertise such property online. and such Ad Posting can be done only after registration and creating a Hills & Wills account using their email id and a valid Indian mobile phone number and by onetime password (OTP) verification from their registered mobile number. A User is authorized to create only one account and barred from creating additional accounts using different email Id or mobile number. When a User chose to list their property for sale under the free Ad plan which is under 'Privacy Mode' and hence their contact details will be shielded which is available to the User who wish to buy it upon subscription only (Paid Membership Buyers) and the User who understands this and agrees to it alone shall post their property on free Ad plan. When a User choose to list thier property for sale under the paid Ad plan, they have the options to choose between 'Privacy Mode' and 'Explore Mode' (in which the advertiser contact details will be abvailable to the User who use to buy it upon just registration and without subscription) and it shall be their responsibility to select the mode upon understanding the difference between them. After publishing a Ad on Hills & Wills, the User posted it will not be able to edit any of its content from their account and if they need alteration, they shall send an official request from their registered email id to help@hillsandwills.com or through Help section form in Hills & Wills by verifying their registered mobile number referring their property code and request made through any other mode from the abovementioned shall strictly be not entertained. Hills & Wills does not verify the authenticity of the ownership / Ad content or compliance of the property to the statutory requirements / approvals in accordance to law in force or endorse any Ad / the content in it. In case, the property is covered under the RERA, the User who wish to post that property Ad shall ensure compliance to all requirements of RERA act, disclose all information as required by the appropriate authority / RERA and display it in the Ad without fail for the visibility of the Users who are interested to buy such property and furnish them to Hills & Wills as and when required. The user agrees that Hills & Wills shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Hills & Wills. If the property listed is sold out / rented out / leased out while it is live / before the end of Ad validity, the User who advertised it shall delete their property Ad from the listing through their account dashboard immediately and without fail in order to avoid inconvenience to the Users who wish to buy / rent property and not to affect Hills & Wills listing user experience. The Ad plans and listing fee shall be as specified in https://www.hillsandwills.com/post-property-ad or special package offers to builder / promoters given in writing on case to case basis and any liability of listing fee commence from the time of property Ad posting on Hills & Wills.
IV. ADD-ON SUPPORTS
The User understand, agree and acknowledge that Extended Reach Add-On support is applicable to specific Ad plans and A to Z Sale Assistance Add-On support is applicable for specific hill stations (At present in Kodaikanal, Ooty, Coonoor, Kotagiri, Gudalur and rest of Nilgiris alone) which are optional and can be enabled or extended upon payment from the account dashboard for the purpose of increasing the property Ad visibility / reach only and site visit & advertisement assistance (applicable only in the case of A to Z Sale Assistance) and Hills & Wills does not guarantee any response, buyer or sale closure or involve in the legal / commercial aspects of the property sale process. The User further agrees that the Add-On Supports or Extended Services are valid till the Ad plans validity or such service validity whichever is earlier. The Add-On support / extended support fee shall be as specified in the respective services on the User account dashboard.
V. SUBSCRIPTION MANAGEMENT
The User understand, agree and acknowledge that the contact details of the advertiser of the Ads mentioned "Paid Listing for Buyers' can be viewed / received by the users who wish to buy it, upon payment of subscription fee and if the User happen to contact a sold out property, they shall report sold out from their account dashboard and only a view count will be redeemed by Hills & Wills upon verification about such claim and in no case the subscribtion fee will be refunded. In the case of *tagged A to Z sale assistance extended support enabled property Ad, Hills & Wills 'Client Assistance Team Member' will be connected instead of the property advertiser to the User who wish to buy the property and a contact count in this regard will never be redeemed and the User who agrees to this alone shall subscribe for a *Tag property. Further the User understands and agrees that the subscription plans cannot be upgraded and unused contact count upon the expiry of a subscription plan will lapse automatically and it cannot be carried forward in any manner or redeemed. The subscription fee shall be as specified in https://www.hillsandwills.com/property-buyers-plan.
VI. PAYMENT TERMS
The Users understand, agree and acknowledge that the listing fee, subscription fee, Add-On support fee and extended support fee (including the Site Visit & Advertisement Assistance fee in A to Z Sale Assistance) is 100% advance. The User further agrees and indemnifies to pay the Marketing fee to Hills & Wills for the A to Z sale assistance upon sale closure on or before the registration date and in any case of any delay in such payment, Hills & Wills reserves the right to charge and claim interest at the rate of 1.5% per month till the time of receipt of the final payment. As the online payments, debit card or credit card payments are done through third party payment gateways and payment aggregators, Hills & Wills shall not be made responsible for the payments made by Users for any issues that rise while transacting through these payment gateways and payment aggregators. Hills & Wills will not store or keep any credit/ debit card data of Users.
VII. REFUND TERMS
The Users understand, agree and acknowledge that the listing fee, subscription fee, Add-On support fee and extended support fee are non refundable and not interchangeable with another property listing or service. In the case of A to Z sale assistance, the Site Visit & Advertisement Assistance fee shall be adjusted in the Marketing fee payable to Hills & Wills upon sale closure. Further the User understand and agree that Hills & Wills reserves the right to decline an extended support for any reason but not limited to unsafe access to the site and in such case the fee paid for the extended support alone shall be returned to the User and not the listing fee. In case of any other payment set offs agreed by Hills & Wills, it has 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. Hills & Wills shall not guarantee whatsoever for the accuracy or timeliness of their funds reaching User’s bank accounts. In any case the refund shall be limited to the amount paid by the User to Hills & Wills.
VIII. PROHIBITED & RESTRICTED ACTIVITIES
The User is restricted to post
User of age below 18 years shall not access or use this Hills & Wills in any manner. Hills & Wills shall not liable for any activity done in this Hills & Wills by people who are not capable of entering into contract as provided under the Indian Contract Act, 1872.
The user is bound to maintain the confidentiality of their Hills & Wills account details and the contact details which they viewed / received through their subscription and shall not share them to others for any purpose.
The User shall not copy, download, edit, alter, duplicate, store, share or distribute the content / data available on Hills & Wills (including images, videos and sketches) to use it in whole or in parts elsewhere directly or indirectly for any purpose. Further the User shall not copy any of the Hills & Wills business models, concepts, logics, Hills & Wills features, services, program models, coding, contents or services to create a similar or competitive business for Hills & Wills in any way with or without modifications / derivations.
The User shall not use Hills & Wills and the services therein for any unlawful purpose or in a way which may affect the reputation / business interest / operation of Hills & Wills and any other activities which may affect the user experience of this Hills & Wills (including but not limited to creation of multiple accounts on Hills & Wills or involve in activities like repeatedly posting a same property in free listing) and its reputation / business interest in any manner or in any manner violating the local / state / national laws / rules / acts / regulations in force.
The User shall not access or attempt to access anything in this Hills & Wills beyond the service offered to them or beyond the access authorized to them and shall not try to access Hills & Wills’s server / database / source code / programs / logics / computers / website in any unauthorized manner through any software tools / technologies. The User shall not breach or attempt to breach the security system of this Hills & Wills / its server in any manner. The User shall not involve in monitoring, destabilizing, corrupting, mirroring and disturbing the use of Hills & Wills with the aid of any technology / software tools in any manner.
The User shall not upload or attempt to upload any virus or virus containing software / program / content / image / video or Spam creating contents into this Hills & Wills / its server and shall not do any other harmful things which may affect this Hills & Wills / its server in any manner. The User shall not do anything which may overload or unsafe for Hills & Wills / its server.
The User who uses Hills & Wills agrees to the above terms of prohibited & restricted activities, understands any violation on this will lead to civil or criminal liability and indemnifies the loss incurred upon Hills & Wills for breach of any of the above mentioned terms
IX. MAIN OBLIGATIONS OF USER
The User agrees to read and understand this terms and conditions (including privacy policy) prior to use of Hills & Wills services every time and comply to the notifications issued by Hills & Wills time to time. If they do not agree with any of the terms and conditions mentioned in this agreement, they shall not either use Hills & wills services in any manner or request clarifications by sending a request through help section form.
The User created an account shall be solely responsible and liable for all the activities through their account. They shall maintain their account details safely without sharing it to anyone and by having strong password and resetting it frequently. The User shall report Hills & Wills immediately upon they notice any unauthorized use of their account or any breach of security. The User shall enter correct / accurate data in their account profile (including their address) while creating the account and agrees to update the profile immediately upon change of mobile number / email id / address.
The User who has registered with Hills & Wills irrevocably and unconditionally authorize Hills & Wills for sharing their contact details / content of the Ad to the users who wish to buy / sell / rent / hire / lease it, employees / directors / advocates / auditors of Hills & Wills for providing the intended service, statutory agencies upon request and third parties who is part of the intended service. The user agree / undertake to post only the property belongs to them or authorized to represent it by the title owner / post a property in compliance to laws / enter correct data about the property and indemnify Hills & Wills from any objections or claim made by any third party / statutory body with respect to an Ad displayed / service availed by them.
The User who wish to post a property Ad is ultimately responsible to post their Ad and shall upload at least one photograph and video (if possible) of the property in reasonably good quality, precise property description with essential data about a hill property (including view from the property / water source / electricity source / access way / plantation), clear mentioning about the restrictions if any as per the local laws of the state where the property is located (for Users from other states to buy it) and attend verification calls by Hills & Wills without fail for approval of the property Ad to list it / to ensure property availability at any time. The User also agrees that the approval of Ad posted for publishing it on Hills & Wills listing will take at least 2 working days and subject to they submit the details as mentioned above and attend to verification call by Hills & Wills.
The User who posted their property Ad on this Hills & Wills shall respond to the enquiry calls by the User who wish to buy it in proper manner / within a reasonable time without fail. If the government or any statutory body or any bank or court, blocked the survey number of the property or restricted the sale / let out of it for any reason, if a property listed on Hills & Wills is sold out / rented out or if the User decide to not sell / let out after posting the Ad, the User who posted the property shall delete their Ad from Hills & Wills immediately and without fail upon knowing about such event.
The User who requested A to Z sale assistance for their property sale shall provide complete details about the property, Google location, property address, care taker contact details, fullest co-operation and make necessary arrangement to Hills & Wills for hassle free and safe site visits. The User also agrees to furnish all information and documents reasonably required to enable the execution and realization of the objectives of this extended support without delay and pay the marketing fee upon closure of deal and on or before the time of registration without fail. The advertiser understands and agrees that any site visit appointment by a User shall be undertaken by Hills & Wills only upon prior appointment confirmation.
The User who wishes to buy a property from Hills & Wills listing they shall verify all the details about the property as well as its rights, title, ownership, lien, approvals, compliance to statutory body / laws (including RERA), etc. on their own before making a buy decision and shall directly deal the negotiation / commercial terms with the User who advertised that property for sale.
The User who wishes to buy a custom property in specific hill stations within Tamilnadu and requested Hills & Wills to source it under A to Z buying assistance, shall provide the mandatory details of hill station / locality where the property is required / type of property / size of property / amenities / budget and pay the service fee upon closure of deal and on or before the date of registration without fail. Further such User understands and agrees that a site visit shall be offered by Hills & Wills if a suitable property is available and upon prior appointment confirmation.
The user shall find and download the relevant invoice from their account dash board anytime but within 15 days from the date of their Ad or Subscription plan expiry, except the invoices for the Marketing fee payment in A to Z Sale assistance and Service fee payment in the A to Z buying assistance which will be sent to their registered email id.
The User registering on this Hills & Wills irrevocably and unconditionally authorize Hills & Wills for saving the data entered by them (except their financial / credit card / debit card data) in Hills & Wills data base for using it in any manner, retain the data as the asset of Hills & Wills and use it even after the expiry or termination of their account or service opted by them and deciding strategy for promotion of an Ad on YouTube and or Google / video creation, at the discretion of Hills & Wills.
The User gives consent to Hills & Wills and its associates to send alerts, notifications, promotional messages and promotional calls by entering email id or mobile number on Hills & Wills for any purpose. If the User does not want to receive these kinds of messages, they shall not submit their email id or mobile number in Hills & Wills and not use any of its service.
If User 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 User in addition to the legal person shall be jointly and severally liable for the obligations ensuing from the agreement.
Hills & Wills shall not liable in any manner whatsoever for any kind of consequences arising out of breach of the above mentioned obligations of the user.
X. CANCELLATION, SUSPENSION AND TERMINATION
Hills & Wills reserves all the rights to cancel / delete any Ad from the listing, terminate or suspend the access of the User to Hills & Wills and related links on its sole discretion and without assigning any reason what so ever or notice to the User, if Hills & Wills finds or has reasons to believe that the User has violated any of these terms and conditions or any applicable law or objected by anyone else or the firm reported bankruptcy / closure. The User is restricted from claiming any damages from Hills & Wills for such cancellation or suspension or termination. In addition, Hills & Wills shall also cancel / suspend / terminate an Ad and or Account if it is reported by any statutory body / government about any unlawful activity or violation of law by the User in any manner and in such case Hills & wills reserves all the rights to share all the related information requested by them for investigation.
XI. MAINTENANCE OF HILLS & WILLS / SERVER
Hills & Wills reserves all the rights to do the maintenance / upgradation / testing of this Hills & Wills and its server as and when required without any notice or assigning reasons to the Users. In such cases, Hills & Wills shall not be liable for deactivation of any Ad / account, unavailability of services, any commercial loss or damage to the Users or data loss due to service interruption.
XII. RIGHTS OF HILLS & WILLS
The Users understand, agree and acknowledge that
Hills & Wills reserves the right to
Hills & Wills shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied and otherwise used on Hills & Wills / the YouTube or Google promotion strategy of Add-On support / the Video creation strategy for the property photo shoot extended support / the Advertisement strategy of an Ad for which A to Z sale assistance enabled by a User / the Sourcing strategy of a property requested under A to Z buying assistance by a User.
In the event of failure to pay the marketing fee by a User in A to Z Sale Assistance or service fee by a User in A to Z Buy Assistance on or before the date of registration, Hills & Wills reserves all the rights to proceed with legal actions against such defaulting User / Users to stop the registration or to recover such fee after registration at the discretion of Hills & Wills and all the cost incurred towards this payment recovery shall be to the account of such defaulting User / Users.
XIII. PRIVACY POLICY
The Users agree to the privacy policy of Hills & Wills mentioned in privacy policy page of Hills & Wills (https://www.hillsandwills.com/privacy-policy)
XIV. INTELLECTUAL PROPERTY (IP) RIGHTS
Logos, Brands and Trademarks appearing in this Hills & Wills are the intangible assets / properties that are either owned by Hills & Wills or used under license by Hills & Wills from its associates. Hills & Wills and 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. Hills & Wills reserves all rights granted to them under copyright law. ©️ 2021- 2022, hills & wills or its affiliates.
XV. DISCLAIMER
The User understand, agree and acknowledge that
Any User who uses Hills & Wills hereby undertake to disclaim all warranties, direct or indirect, statutory or otherwise against Hills & Wills in respect of any issues arise out of the accuracy and completeness of information or service, fitness of properties dealt with, contents of the listings, computer software and viruses and any other rights regarding all the services of Hills & Wills.
XVI. LIMTATION OF LIABILITY
The User understand, agree and undertake that Hills & Wills, its directors and its employees are not liable for any damage occurred by use or unable to use any of the Hills & Wills services including declination / termination of a service or any issue arising between the Users by using its services. In any extraordinary circumstance, the maximum liability upon Hills & Wills under this agreement shall only be limited to the amount of fee that has been paid within 30 days time frame by the User to Hills & Wills without any interest and irrespective of the country from where the User availed the service. The User also understand, agree and undertake to not lodge any complain or claim any demand in any form including consumer relief for unable to complete / non fulfillment of a service under a transaction by Hills & Wills due to technical issues / software issues / server issues / internet issues / third party service provider issues / force major / any other reason whatsoever.
XVII. VIOLATION OF THIS AGREEMENT
In case of violation by the User from any of the above terms and conditions either reported or Hills & Wills on its own finds any violation by the User or Hills & Wills believes any of the content / action by the User may affect any of its business interest, Hills & Wills reserves the rights to suspend / terminate the Ad / account immediately and / or take necessary legal action (Civil and or Criminal action as applicable) under applicable laws / acts and / or make claim for damages (both tangible and intangible) caused by such violation from the violated User at the discretion of Hills & Wills.
XVIII. ARBITRATION
In case of any disputes, Hills & Wills and its Users shall have the right to go for arbitration and settle the disputes between themselves before brining such disputes before the Court. In such case, Hills & Wills shall 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 Tuticorin, Tamil Nadu and the User who agrees to this shall alone access Hills & Wills and use any of its service.
XIX. JURISDICTION
In case of any dispute or any other matter related to Hills & Wills or this terms and conditions, the Hon. Courts in Tuticorin, Tamil Nadu shall have the exclusive jurisdiction irrespective of the place where the User resides or from where the User accessed / used this Hills & Wills or where the User availed the service
XX. GRIEVANCE & NOTICE
Any notice to Hills & Wills shall be in English language and shall be addressed ONLY to Hills & Wills registered office mentioned under reach us page of this Hills & Wills.
Any complaint, breach of these terms and conditions, grievance and abuse of this Hills & Wills shall be reported to Mr.M.C.K.Chinnathambi Pandian, Grievance Officer and ONLY at help@hillsandwills.com.