1. Acceptance of Terms
By downloading, accessing, or using the 360Ghar mobile app, website, or any related services ("Services"), you agree to these Terms of Service ("Terms"). These Terms constitute a binding legal agreement between you and 360Ghar (operated by YORD LLC, USA, doing business as 360Ghar in India). If you do not agree with any part of these Terms, you must not use the Services. You affirm that you are at least 18 years old and legally competent to contract under Indian law (Indian Contract Act, 1872). If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.
2. Services Overview
360Ghar is a next-generation real estate platform for Indian properties. We provide an online venue for property owners ("Owners") and seekers ("Users") to interact. Key features include 360-degree virtual property tours, a swipe interface to like or pass properties, map-based property discovery, and scheduling of property visits via the app. Our team directly onboards properties by photographing them, verifying details, and collecting accurate location data to ensure authentic listings. Important: 360Ghar is a facilitator; all final real estate transactions (sale, rent, etc.) are agreements directly between the Buyer and Seller or Licensor and Licensee, as applicable. 360Ghar is not a party to any sale/rental agreement between users, and does not own the properties listed.
3. Account Registration and Security
To use certain features, you must create an account with accurate personal information. Required information at sign-up includes your full name, email, mobile number, date of birth, gender, and responses to onboarding questions; property Owners may need to provide property documents, ownership proof, and a government-issued ID for verification. You are responsible for maintaining the confidentiality of your account login credentials and all activities under your account. You agree to immediately notify 360Ghar of any unauthorized use of your account or security breach. We reserve the right to refuse registration or terminate accounts at our discretion if these Terms are violated.
4. User Obligations and Acceptable Use
By using our Services, you agree to the following obligations:
- Provide True Information: You represent and warrant that all information you provide (including property details if you are an Owner, and any personal or contact info) is truthful, accurate, and up-to-date. You will promptly update any information that becomes outdated or incorrect. You must possess all necessary rights and licenses to any content (e.g. property photos) you upload, and by posting such content you grant 360Ghar a non-exclusive, royalty-free license to use and display it on our platform.
- One Account; Personal Use: You may create only one account for your personal use (or one account per entity you officially represent). You will not impersonate any person or entity or misrepresent your affiliation in creating an account. You shall not share your login credentials with others or allow others to use your account.
- Compliance with Laws: You agree to use the Services only for lawful purposes and in compliance with all applicable laws and regulations of India. This includes real estate regulations such as the Real Estate (Regulation and Development) Act, 2016 (RERA) for property transactions, and any local laws. If you are an Owner or broker, you are responsible for ensuring compliance with RERA (e.g., registering the project if required) before listing. Users must verify all property details, including RERA registration numbers and ownership documents, before finalizing any transaction. 360Ghar strives to list only legally compliant properties, but does not guarantee that every listing meets all regulatory requirements; Users rely on listings at their own risk and should perform due diligence.
Prohibited Activities
You shall NOT engage in any of the following when using 360Ghar:
- Circumvention of Platform: You must not attempt to negotiate or finalize property deals outside of the 360Ghar platform with a party introduced through 360Ghar for the purpose of avoiding or reducing the service fees/brokerage due to 360Ghar. If you are introduced to a buyer/seller or landlord/tenant via 360Ghar, you agree not to complete a transaction with that party except through 360Ghar's facilitation and with payment of the applicable service charge to 360Ghar. Any attempt to circumvent 360Ghar in this manner is a material breach of these Terms. If a user directly or indirectly circumvents 360Ghar and enters into a transaction with another party introduced by 360Ghar, 360Ghar shall be entitled to its full brokerage fee from that user, notwithstanding any other arrangements made by the user to avoid such payment. 360Ghar reserves the right to recover such fees and take legal action in such cases.
- Unauthorized Use of Content: You will not copy, scrape, crawl, reproduce, republish, or exploit any data or content on 360Ghar for commercial purposes without our prior written consent. The platform's design, databases, images, and text are protected intellectual property. You receive a limited, revocable license to use the Services for your personal real estate needs. Any attempt to reverse engineer, decompile, or tamper with the app/website, or to bypass any technical protections is strictly prohibited.
- Interference and Security: You shall not use any robot, spider, site search/retrieval application, or other automated means to extract or index any portion of the Service (scraping) without 360Ghar's express permission. You must not attempt to gain unauthorized access to the Services or its related systems or networks, or probe or test the vulnerability of our security measures. Introducing any viruses, worms, malware, or any other destructive code is forbidden.
- Misuse and Harassment: You will not use the Services to harass, threaten, or harm 360Ghar staff, our field agents, other users, or any third parties. This includes refraining from abusive language, hate speech, or aggressive behavior during property visits or communication. Any form of violence, abuse, or misbehavior towards our team is strictly prohibited. If you engage in such conduct, 360Ghar may immediately terminate your account and services, and you agree to compensate 360Ghar for any losses or damages resulting from your misconduct. You may also be subject to legal consequences under applicable law.
- Content Standards: You are solely responsible for any content you post (such as property reviews, comments, or other user-generated content). Such content must adhere to our Content Guidelines (see Content Guidelines below) and not violate any law or rights of others. Prohibited content includes anything illegal, defamatory, obscene, invasive of privacy, misleading, or harmful (detailed in the Content Guidelines section). 360Ghar reserves the right to remove or moderate any user content that violates these Terms or our policies, or for any reason in our sole discretion, without notice.
- Platform Cooperation: You agree to comply with any instructions or rules provided on the platform. You will not disrupt the normal flow of the application (e.g., by repeatedly posting duplicate information, or by engaging in spamming, or by any actions that impose an unreasonable load on our infrastructure). If you are an Owner or property manager using a special dashboard or tools provided by 360Ghar, you will use those only for managing your own listings and not for any unauthorized purpose. 360Ghar may monitor usage and content to ensure compliance and quality.
5. Services Fee, Payment, and Non-Circumvention
Brokerage/Service Charges: 360Ghar provides end-to-end assistance in real estate transactions and charges a service fee (brokerage) upon successful deals. For property sales, 360Ghar charges a commission of 1% of the sale price from the Seller and 1% from the Buyer (total 2%). For property rentals (lease/license), 360Ghar charges 50% of one month's rent from the Landlord (Licensor) and 50% of one month's rent from the Tenant (Licensee). These fees are due and payable upon the parties entering a binding sale agreement or lease agreement, respectively. By using our Services and consummating a transaction introduced via 360Ghar, you agree to pay the applicable fees. Owners may be required to pay a small advance fee when listing a property to initiate on-site onboarding (photography, verification etc.); any such advance will either be adjusted against the final brokerage due at deal closure or refunded/waived as per promotional offers or at 360Ghar's discretion.
No Bypassing 360Ghar: As noted in Section 4, users (both property owners and seekers) must not bypass 360Ghar to avoid paying service charges. If you complete a sale or rental with a party you discovered through 360Ghar without routing the deal through us or without paying our fees, you will be in violation of these Terms. In such an event, 360Ghar reserves the right to calculate the fee that would have been due and demand payment from you. You agree that 360Ghar's determination of the fee and breach will be final and binding, and you will be liable to pay such fee along with any legal costs incurred in recovery. Furthermore, any transaction completed in this manner, without settling the service charge, may be deemed invalid by 360Ghar - we reserve the right to refuse to recognize or support such a transaction, and we may ban the offending parties from the platform.
No Refund Policy for Completed Deals: Service charges (brokerage) are considered earned by 360Ghar upon the execution of sale/rental agreements between the parties. These charges are non-refundable once a deal is concluded. If a deal falls through due to user fault or mutual disagreement after 360Ghar's services were rendered, 360Ghar may, at its sole discretion, decide on any refund or fee adjustment on a case-by-case basis, but is not obligated to do so. For any upfront listing fees or advances paid by Owners, refundability (if the property doesn't sell/rent) will be as per any listing agreement or specific terms communicated during listing; otherwise, such fees may be treated as non-refundable service charges for the onboarding effort.
Short Stay and Future Services: If 360Ghar introduces short-stay rentals or other value-added services (e.g. interior design, loan assistance, legal documentation services) where payments are handled online via our platform, separate terms (including payment terms, cancellation/refund policies) will be provided within the app for those services. By using those services, you agree to the additional terms. In absence of separate terms, these Terms apply. All online payments will be processed via approved payment gateways and you must provide accurate billing information. 360Ghar is not responsible for payment gateway downtime or errors.
6. Property Listings and Platform Role
Listing Authenticity: 360Ghar's team strives to verify and photograph each property listing. However, except where explicitly stated, information on listings is provided by Owners or gathered from them. 360Ghar does not guarantee that all property details (including availability, pricing, measurements, legal title, or approvals) are accurate or error-free. Users should independently verify crucial details (such as ownership documents, property area, or any required governmental approvals) before making decisions. By using the platform, you acknowledge that any reliance on listings is at your own risk. Owners are expected to provide only accurate information and have all rights to list the property; any false or misleading listing may be removed and the Owner may be liable for any losses or legal issues arising from such misinformation.
Platform License for Listings: By creating a property listing or submitting content to 360Ghar, the Owner grants 360Ghar a worldwide, royalty-free, sublicensable license to use, reproduce, modify (e.g. for formatting), and display the content (e.g., photos, descriptions) on our platform and in marketing materials, for the purpose of showcasing the property and providing services to users. This license lasts until the content is removed from the platform. Owners represent that the content is owned by them or they have permission to grant this license, and that the content does not infringe any third-party rights.
No Endorsement or Agency: 360Ghar is not an agent or fiduciary of any user, except that it facilitates communications and assists in paperwork between parties. While 360Ghar has field agents ("360Ghar Team") who show properties and assist in negotiations, these agents act to facilitate the transaction and do not create any agency relationship with either party that would make 360Ghar a legal representative of the buyer or seller. 360Ghar does not guarantee that buyers or tenants will perform their obligations or that sellers or landlords will honor their commitments. We do not endorse any user or property; we only provide a platform and preliminary verification. All decisions about engaging in a transaction are made solely by the users. 360Ghar will not be liable for any default, fraud, misrepresentation, or failure to complete a transaction by any party introduced through our platform.
Scheduling Visits: Users can request property site visits through the app. 360Ghar will coordinate with the Owner and confirm a visit time. Owners agree to provide reasonable access to their property for scheduled visits. Users must behave professionally and safely during site visits. Any damage caused by a visitor during a site visit is the visitor's responsibility. 360Ghar team may accompany the visitor, but the ultimate arrangement of a site visit (e.g., property access, keys) is the Owner's responsibility. 360Ghar is not liable for any incident, injury, or loss that occurs during a site visit - visitors enter properties at their own risk and should exercise due caution.
7. Content and Community Guidelines
All users must adhere to the Content Guidelines (see below) when posting any content (such as reviews, comments, or descriptions). Prohibited content or activity includes, but is not limited to, the following non-exhaustive list, which incorporates the requirements of India's IT Act and rules:
- Content that belongs to someone else and is posted without rights or permission (e.g., using someone's else's photos or description without consent).
- Content that is defamatory (damaging someone's reputation with false information), obscene, pornographic, or paedophilic in nature. This includes any indecent or sexually explicit material.
- Content that infringes any intellectual property rights including copyright, trademark, patent, or trade secrets of a third party. (For example, do not upload floor plans or images from another website unless you have rights.)
- Material that is invasive of another's privacy, including personal information of others without consent, or breaches someone's bodily privacy. This also covers harassing or insulting content targeted at someone's gender, or any personal attribute.
- Hate speech or harassment: Content that is insulting or incites hostility toward any individual or group based on race, religion, caste, ethnicity, gender, sexual orientation, etc., is strictly forbidden. Likewise, any form of bullying, stalking, or trolling other users or our staff is not allowed.
- False or misleading information: You must not knowingly post false information or impersonate another person. Do not deceive others about the origin of your posts, or spread information that is patently false or misleading in nature and could be perceived as factual. For instance, posting fake property listings, false reviews, or false claims (like "sold by owner" when it's not) is prohibited.
- Content that promotes illegal activities or is otherwise unlawful. This includes any information that could constitute or encourage a criminal offense, violate any law, or provide instructions for illegal activities. Any content relating to money laundering, gambling, or other unlawful transactions is disallowed.
- Content that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order, or is capable of causing incitement to any cognizable offense or prevents investigation of any offense, or is insulting to another nation. In short, any content that could fall foul of national security or public order laws is banned.
- Content that could be considered spam or advertising: Unsolicited promotions, repetitive postings, or content that is unrelated to real estate in the context of our platform are not allowed. You may not advertise competing services or post referral codes, links, or promotional content for anything outside 360Ghar without permission.
- Malicious software or code: You must not upload or share any files that contain viruses, trojans, worms, spyware, malware, or other harmful code that could damage or interrupt the Services or other users' devices. Any attempt to phish or collect personal data from others through deceptive means is forbidden.
- Any content that otherwise violates any law in force or these Terms.
360Ghar reserves the right (but not the obligation) to pre-screen, refuse, or remove any user content that violates these guidelines or for any other reason at our sole discretion. We may also disable or suspend the accounts of repeat violators or those who post extremely egregious content. Users shall remain solely responsible for the content they post and may be held legally accountable for unlawful content (e.g., under defamation, copyright, or IT Act provisions). If you come across any content that violates our guidelines or appears unlawful, you can report it as described in the Takedown Policy section.
8. Privacy and Communications
Your privacy is important to us. Please refer to our Privacy Policy (below) for details on how we collect, use, store, and disclose your personal information. By using the Services, you consent to our collection and use of personal data as outlined in the Privacy Policy.
Communication Consent: By registering with 360Ghar, you consent to receive communications from us or our partners/agents via phone calls, SMS, email, WhatsApp, or in-app notifications related to the Services. You agree that we may send you informational as well as promotional messages about property listings or related services, even if your number is on Do-Not-Disturb (DND) registries. We will ensure such communications comply with applicable telecom regulations. If you prefer not to receive promotional communications, you may opt-out by following the unsubscribe instructions in those messages or by adjusting your account settings. However, you may still receive transactional messages (e.g., visit confirmations, account alerts) until your account is deleted.
360Ghar (or its agents) may also contact you to: understand your requirements, offer assistance in your property search or sale, provide updates on deals you are involved in, or gather feedback. Such calls may be recorded for quality and training purposes and to assist in fulfilling your requirements. By accepting these Terms, you give us express consent to make such calls or messages and to record them for the purposes stated. If you do not wish to be contacted for promotions, please use the opt-out methods provided; note that opting out of promotional contact may limit your awareness of new features or deals.
9. Limitation of Liability
Service "As Is": The Services are provided on an "as is" and "as available" basis, without warranty of any kind. 360Ghar and its affiliates expressly disclaim all warranties, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will meet your requirements or be uninterrupted, secure, or error-free. While we aim for accuracy, we do not warrant the accuracy or reliability of any information obtained through the Service (such as property details, pricing, availability, or user reviews). Use of the platform is at your own risk.
No Liability for Transactions: 360Ghar is not involved in the final transaction between users, and has no control over the quality, safety, legality, or integrity of the properties or the parties. We cannot and do not guarantee that a buyer or tenant will complete a transaction or that a seller or landlord will convey title or lease as agreed. Any dispute between users is solely between those parties, though we may try to facilitate resolution. 360Ghar takes no responsibility and assumes no liability for any disputes, claims, losses, or damages arising out of transactions between users. In the event of a dispute between you and another user, you release 360Ghar (and our officers, employees, and agents) from all claims, demands, and damages arising out of or in any way connected to such dispute. We are not obligated to mediate or resolve disputes, but if we choose to provide input, any suggestion or decision by 360Ghar is offered only to assist and shall not make 360Ghar liable for the outcome.
Consequential Damages Waiver: Under no circumstances will 360Ghar or its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or exemplary damages arising from or relating to your use of or inability to use the Services (including but not limited to loss of profits, data loss, or business interruption), even if we have been advised of the possibility of such damages. This limitation applies to any damages stemming from any transactions or interactions with other users or third-party service providers accessed through 360Ghar.
Liability Cap: To the fullest extent permitted by law, the maximum aggregate liability of 360Ghar (including our parent company and affiliates) for all claims arising from your use of the Services or these Terms shall not exceed the amount (if any) you have paid to 360Ghar as service fees in the 2 months immediately preceding the event giving rise to the claim. If you have paid no fees, 360Ghar's liability shall be zero, to the extent allowed by law. This limitation is cumulative and not per-incident.
Release of "Deficiency of Service" Claims: You agree that, given the nature of the Services (facilitative platform and not guaranteed outcomes), you shall not bring any claim against 360Ghar for deficiency of service under the Consumer Protection Act or any other law for any issue arising out of the Services. In the event of any technical failure, downtime, data loss, or other service shortcomings, 360Ghar will endeavor to assist but will not be liable for any compensation beyond, at most, refunding any amount you paid for an undelivered paid feature (if applicable).
Third-Party Services: The Services may integrate or connect with third-party services (for example, map services, payment gateways, legal document providers, or social media for login). 360Ghar is not responsible for the availability or accuracy of third-party services, nor the content, products, or services on or available from such third parties. Your use of third-party services (e.g., clicking a link to a legal service provider or using a payment processor) is at your own risk and may be subject to that third party's terms. 360Ghar disclaims liability for any acts or omissions of third-party service providers, and you agree that 360Ghar is not liable for any loss or claim you may have against any third party.
No Warranty of Data Security: While 360Ghar takes industry-standard measures to protect data, we do not warrant that the platform will be free from data loss, hacks, viruses, or security breaches. Any transmission of data via our app or website is at your own risk. See the Privacy Policy for details on our security practices.
10. Indemnification
You agree to indemnify, defend, and hold harmless 360Ghar, its parent company (YORD LLC) and affiliates, and each of their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) that arise out of or relate to: (a) your use or misuse of the Services; (b) your breach of any provision of these Terms or any policy incorporated herein; (c) your violation of any law or regulation or of any rights of any third party (including intellectual property or privacy rights) through the platform; or (d) any content you provide or actions you take that cause harm to someone or to 360Ghar. This obligation will survive termination of your account or these Terms.
In the event a third-party lawsuit or regulatory action is brought against 360Ghar due to your conduct, 360Ghar will have full authority to defend or settle the matter, and you will cooperate fully as reasonably required. You may not settle any claim against 360Ghar without our prior written consent. Without limiting the generality of the foregoing, you unilaterally agree to indemnify and hold 360Ghar (and its officers, directors, employees, and agents) harmless from any claims or demands, including legal fees, arising out of your use of 360Ghar or your breach of these Terms. This includes, for example, any claim by another user that you failed to pay the required brokerage or that you posted defamatory content, etc., or any governmental penalty due to illegal content you posted.
11. Termination of Service
These Terms are effective unless and until terminated by either you or 360Ghar. You may stop using the Services at any time by deleting your account. 360Ghar may, in its sole discretion, suspend or terminate your account and access to Services at any time, with or without notice, for any valid reason including but not limited to: violation of these Terms or policies, extended periods of inactivity, your request to delete account, or technical or security issues. We may also remove or disable any content you posted, and/or ban you from creating new accounts, at our sole discretion. In case of termination due to your breach, you remain liable for any obligations (such as payment of outstanding fees or damages) accrued before termination.
If you are a paid customer for any premium features, and we terminate without cause, we may provide a pro-rated refund for any remaining unused period of a prepaid service (if applicable). However, no refund is due if termination is for your breach of Terms or misuse of the platform.
Upon termination, Sections regarding Limitation of Liability, Indemnity, Governing Law, Dispute Resolution, and any other clauses which by their nature should survive will continue to be in effect.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. The courts of Gurgaon, Haryana, India shall have exclusive jurisdiction over all disputes arising from or relating to these Terms or the Services. You agree that any such dispute shall be filed only in the appropriate courts located in Gurgaon (Gurugram) District, and you hereby consent and submit to the personal jurisdiction of those courts.
Waiver of Certain Actions: To the extent permitted under applicable law, you agree not to initiate or participate in any class action or joint litigation concerning any dispute with 360Ghar. All claims will be pursued on an individual basis. You also agree that you will not sue 360Ghar or its associates in any jurisdiction other than Gurgaon, and any legal action brought elsewhere in violation of this clause shall be null and void or transferred to Gurgaon courts upon our request. Users agree that they will not attempt to hold 360Ghar liable or sue for matters that the users have agreed are under 360Ghar's discretion or for which liability is disclaimed by these Terms. In any event, the parties shall first attempt to resolve disputes amicably through negotiations or mediation before resorting to litigation.
(For clarity: This clause does not restrict a user's rights under law to seek redress, but it defines the forum and means by which claims should be raised. Users also explicitly agree that 360Ghar's decisions in operational matters (such as content removal, fee assessment for circumvention, etc.) are final, conclusive, and binding in the context of using the platform.)
13. Miscellaneous Provisions
- Changes to Terms: 360Ghar may amend or update these Terms from time to time. We will notify users of material changes via app/website notification or email. Updated terms will be effective upon posting unless stated otherwise. Continued use of the Services after changes constitutes acceptance of the revised Terms. If you do not agree to the changes, you should discontinue use of the Services.
- Entire Agreement: These Terms, along with the Privacy Policy and any other policies or guidelines posted on the platform, constitute the entire agreement between you and 360Ghar regarding the use of Services, superseding any prior agreements. Any waiver of any provision of the Terms will be effective only if in writing and signed by 360Ghar.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
- No Waiver: 360Ghar's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing.
- Assignment: You may not assign or transfer your rights or obligations under these Terms to any third party without our prior written consent. 360Ghar may freely assign these Terms (for instance, in the event of a merger, acquisition, or internal reorganization) without notice or consent.
- Relationship: Nothing in these Terms shall be deemed to constitute a partnership, joint venture, or employment relationship between you and 360Ghar. You and 360Ghar are independent contracting parties. You have no authority to bind 360Ghar or represent 360Ghar as an agent in any way.
- Notices: Any notices or communications to users may be made via email, postal mail, notification on our app/website, or any other contact method you provide. Official notices to us (e.g., legal notices) should be sent to the contact provided in our Grievance Redressal section, unless a specific legal notice address is given. Notices will be considered received: (a) if by email, when the email is sent (provided no bounce or error is received); (b) if by courier, when delivered; (c) if by registered post, on delivery confirmation; or (d) if by platform notification, on your next login or 24 hours after posting, whichever is sooner.
