1. Introduction and Acceptance
These Terms and Conditions ("Terms") govern your access to and use of the website, applications, offices, sales offices, marketing materials, and services of Krishna Land Developers Pvt. Ltd. ("Company", "we", "us", "our"), a company incorporated under the laws of India and having its registered office at Ahmedabad, Gujarat, India, engaged, inter alia, in the business of land development for residential, commercial, or mixed-use purposes, development and marketing of plotting schemes, and sale, purchase, and trading of land and land-related assets.
By accessing our website/application, submitting an enquiry, booking a plot/unit, signing any agreement with us, or otherwise availing our services, you ("Customer", "User", "you") agree to be bound by these Terms, our Privacy Policy, and any project-specific or transaction-specific agreement executed between you and the Company. If you do not agree with these Terms, please do not use our website or avail our services.
In the event of any conflict between these Terms and a specific, duly executed agreement (such as an Agreement to Sell, Sale Deed, Allotment Letter, or Booking Form) between you and the Company for a particular transaction, the terms of such specific agreement shall prevail to the extent of the conflict.
2. Definitions
You agree to use this website only for lawful purposes related to searching for real estate land parcels, submitting inquiries, or consulting advisory teams. Specifically, you agree not to:
- "Project" means any land development, plotting scheme, layout, township, or real estate project undertaken by the Company, whether for residential, commercial, or mixed use.
- "Booking" means a provisional reservation of a plot/unit made by the Customer against payment of booking/token amount, subject to these Terms.
- "Agreement" means the Agreement for Sale, Sale Deed, Allotment Letter, or any other definitive document executed between the Company and the Customer for a specific plot/unit.
- "RERA" means the Real Estate (Regulation and Development) Act, 2016 and the rules and regulations framed thereunder, including by the Gujarat Real Estate Regulatory Authority or the relevant State authority.
- "Applicable Law" means all applicable Indian statutes, rules, regulations, notifications, circulars, and orders, as amended from time to time, and, where relevant to overseas Customers, any applicable foreign exchange and cross-border transaction regulations, including FEMA and RBI guidelines.
3. Nature of Services
The Company is engaged in land development, including but not limited to development of residential, commercial, or mixed-use projects, plotting schemes/layouts, and trading (purchase and sale) of land parcels. The Company may act as a developer, seller, or facilitator/intermediary in a given transaction, and the specific capacity in which the Company is acting shall be disclosed in the relevant Booking Form/Agreement for that transaction.
All information regarding a Project, including layout plans, amenities, specifications, images, renders, brochures, and marketing material, is indicative and intended to give a general idea of the Project. Such material does not constitute an offer or warranty and is subject to change as per approvals from competent authorities, design requirements, or operational necessities. The final specifications shall be as set out in the Agreement and applicable RERA registration/disclosures for the Project, where such registration is required under law.
4. Eligibility
The services and Bookings offered by the Company are available only to individuals who are 18 years of age or older and who are legally competent to enter into a binding contract under the Indian Contract Act, 1872, or the applicable law of their jurisdiction of residence. Non-Resident Indians (NRIs), Overseas Citizens of India (OCIs), and foreign nationals must ensure their own compliance with FEMA, RBI guidelines, and any other applicable foreign investment/ownership regulations prior to booking, and the Company may require additional documentation from such Customers.
5. Enquiry, Booking, and Allotment
Any enquiry, expression of interest, or Booking made by a customer is subject to verification, availability, and acceptance by the Company. The Company reserves the right to accept or reject any Booking at its sole discretion, including where documentation or payment is incomplete, or where the Booking does not meet the Company's internal policies.
A Booking shall be provisional until the Customer executes the definitive Agreement and makes payment as specified therein. No right, title, or interest in any plot/unit shall be deemed to be created in favour of the Customer merely upon payment of a token/booking amount, until the execution of the appropriate Agreement and, where applicable, registration of the conveyance/sale deed in accordance with law.
The Company reserves the right, prior to execution of the Agreement, to modify the layout, plot numbering, dimensions, or allotment of any plot/unit due to statutory requirements, approvals from competent authorities, or bona fide operational reasons, and shall inform the Customer of any such material change.
6. Pricing, Payment Terms, and Taxes
The price of a plot/unit, payment schedule, and mode of payment shall be as set out in the Booking Form/Agreement. All prices are exclusive of applicable taxes, duties, cesses, stamp duty, registration charges, GST, and other statutory levies, unless expressly stated otherwise, and such amounts shall be payable by the Customer in addition to the base price.
Timely payment of all instalments as per the agreed schedule is the essence of the Agreement. Delay in payment may attract interest/late payment charges as specified in the Agreement, and continued default may result in cancellation of the Booking/Agreement and forfeiture of amounts as set out in Clause 9 below.
All payments shall be made only through banking channels (cheque, demand draft, NEFT/RTGS, or other recognised electronic mode) in the name of the Company or such account as communicated in writing by the Company. The Company shall not be responsible for payments made in cash or to any unauthorised person/account.
7. Title, Due Diligence, and Documentation
The Company shall provide such title-related documents and disclosures as are required under Applicable Law, including under RERA, for the relevant Project. Customers are strongly advised and encouraged to independently verify title, encumbrance status, and statutory approvals relating to the land/Project, including through their own legal counsel, prior to making any payment or executing any Agreement.
The Company shall use reasonable efforts to ensure that all necessary approvals, permissions, and registrations (including RERA registration, where applicable) for a Project are obtained from the competent authorities prior to marketing/sale, to the extent required by Applicable Law. Details of such approvals/registrations, where applicable, shall be made available to the Customer upon request or as required under RERA disclosure norms.
8. Possession, Development, and Delay
The Company shall endeavour to complete development works (such as roads, common infrastructure, and amenities, as applicable to the Project) and hand over possession within the timeline specified in the Agreement, subject to receipt of timely payments from the Customer and subject to Force Majeure events described below.
Any delay attributable to Force Majeure events, orders of any court/authority, delay in grant of statutory approvals, or delay caused by the Customer's own default (including delay in payment or documentation) shall not be construed as a delay attributable to the Company, and the Customer shall not be entitled to claim compensation for such period.
9. Cancellation, Refund, and Forfeiture
A Customer may seek cancellation of a Booking/Agreement by submitting a written request to the Company. Upon such cancellation:
- If cancellation is sought by the Customer without any default on the part of the Company, the Company may deduct the booking amount and/or such reasonable percentage of the amounts paid towards administrative, marketing, and processing costs, as specified in the Agreement, and refund the balance amount within the timeline specified therein.
- If cancellation is due to the Customer's default in payment despite reasonable notice, the Company may cancel the Booking/Agreement and forfeit amounts to the extent permitted under the Agreement and Applicable Law.
- Refunds, where due, shall be processed only to the original payment source/bank account of the Customer, subject to applicable statutory deductions (such as TDS), within the timeframe specified in the Agreement.
Nothing in this Clause shall be construed to override any specific and more favourable cancellation/refund terms agreed in the Agreement or mandated under RERA for the Project.
10. Force Majeure
The Company shall not be liable for any failure or delay in performance of its obligations due to events beyond its reasonable control, including but not limited to acts of God, natural calamities, fire, flood, earthquake, epidemic/pandemic, war, civil unrest, strikes, governmental action or inaction, non-availability of essential materials, court orders/injunctions, or any change in law/policy affecting the Project.
11. Marketing Material and Disclaimer
Images, artist's impressions, 3D renders, sample layouts, and models used in marketing the Project are for illustrative purposes only and may not represent the exact specifications, scale, or final appearance of the developed Project. The Customer acknowledges that final measurements, specifications, and layout shall be as per the Agreement and applicable approved plans.
12. Customer Obligations
The Customer agrees to:
- Provide true, accurate, and complete information and documentation to the Company;
- Provide true, accurate, and complete information and documentation to the Company;
- Comply with all applicable laws, including those relating to registration, stamp duty, and taxation, in connection with the transaction;
- Not use the plot/unit for any illegal, unauthorised, or unlawful purpose; and
- Comply with the layout rules, common area regulations, and any association/society rules applicable to the Project, if and when constituted.
13. Intellectual Property
All content on the Company's website, brochures, and marketing materials, including logos, trademarks, project names, layouts, designs, images, and text, are the intellectual property of the Company or its licensors and may not be copied, reproduced, distributed, or used without the Company's prior written consent.
14. Limitation of Liability
To the maximum extent permitted under Applicable Law, the Company's aggregate liability towards a Customer arising out of or in connection with a transaction shall not exceed the amount actually paid by such Customer to the Company in respect of the specific plot/unit/transaction giving rise to the claim. The Company shall not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profit or anticipated business, arising from the use of its website, services, or any Project.
Nothing in these Terms shall be construed to limit or exclude any liability, right, or remedy that cannot be limited or excluded under RERA, the Consumer Protection Act, 2019, or any other mandatory Applicable Law.
15. Indemnification
The Customer agrees to indemnify and hold harmless the Company, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of the Customer's breach of these Terms, the Agreement, or Applicable Law, or arising out of any false, inaccurate, or misleading information/documentation provided by the Customer.
16. Confidentiality
Both parties agree to keep confidential the commercial terms of the Agreement and any proprietary or confidential information exchanged during the transaction, except where disclosure is required by law, by a competent authority, or for enforcement of rights under the Agreement.
17. Third-Party Services and Links
Our website/application may contain links to, or facilitate engagement with, third-party service providers (such as home loan providers, legal consultants, or interior designers). The Company does not guarantee or warrant the services of such third parties, and any engagement with them is at the Customer's own discretion and risk, governed by the terms of such third party.
18. Amendment of Terms
The Company reserves the right to modify, amend, or update these Terms at any time, with such changes becoming effective upon posting on the Company's website. Continued use of the website/services after such changes shall constitute acceptance of the revised Terms. Changes shall not, however, adversely affect rights already vested in a Customer under a duly executed Agreement.
19. Dispute Resolution
The parties shall first attempt to resolve any dispute, difference, or claim arising out of or in connection with these Terms or any Agreement amicably through mutual discussion within 30 (thirty) days of a written notice raising the dispute.
In the event the dispute is not resolved amicably, the same shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator to be appointed by the Company (or, where required by law, through mutual agreement of the parties). The seat and venue of arbitration shall be Ahmedabad, Gujarat, and the language of arbitration shall be English or any mutually agreed. The above shall not preclude either party from seeking interim relief from a competent court, or from approaching the appropriate RERA authority/adjudicating officer or consumer forum in relation to matters falling within their statutory jurisdiction.
20. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 19 above, the courts at Ahmedabad, Gujarat alone shall have exclusive jurisdiction over any matters arising out of or in connection with these Terms.
21. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable under Applicable Law, such provision shall be severed, and the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
22. Waiver
No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise of such right, power, or remedy.
23. Entire Agreement
These Terms, together with the Privacy Policy and any project/transaction-specific Agreement, constitute the entire understanding between the Customer and the Company with respect to the subject matter herein and supersede all prior discussions, representations, or agreements, whether oral or written, except as expressly incorporated herein.
24. Contact Us
For any queries or grievances relating to these Terms, please contact: Krishna Land Developers Pvt. Ltd. Ahmedabad, Gujarat, India –
- Address: [Registered Office Address], [PIN Code]
- E-mail: [company email ID]
- Phone: [company contact number]