Terms and Conditions

Welcome to Avnester. These Terms and Conditions ("Terms") govern your access to and use of the Avnester website, mobile applications, and related services (collectively, the "Platform" or "Service") operated by Avnester ("we", "us", "our").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Platform. Your continued use of the Platform after any change to these Terms constitutes your acceptance of the revised Terms.

Avnester is an online real estate platform that connects property seekers (buyers and renters), property owners (sellers), real estate agents, and builders/developers across India. The Platform facilitates discovery of property listings, inquiries, lead generation, and related tools. We act as an intermediary and do not own, sell, or guarantee any property or transaction between users.

Platform / Service: The Avnester website, subdomains, applications, and APIs through which we offer our services.

User: Any person or entity that accesses or uses the Platform, whether registered or not.

Account / Subscriber: A User who has registered on the Platform (buyer, seller, agent, or builder).

Listing: A property listing (sale or rent) created and published on the Platform by a seller, agent, or builder.

Lead: A contact or inquiry (e.g. name, email, phone, message) sent by a User to a listing owner or agent through the Platform.

Credits: Virtual units used on the Platform to perform certain actions (e.g. contacting listing owners, sending inquiries) as per our then-applicable pricing and limits.

Content: Any text, images, videos, data, or other material submitted or displayed on the Platform by Users or by us.

RERA: The Real Estate (Regulation and Development) Act, 2016, and rules and regulations thereunder, as applicable in the relevant state(s).

You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Platform. By using the Platform, you represent that you meet these requirements and that you will use the Service in compliance with all applicable laws in India. If you are using the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

To access certain features (creating listings, contacting owners, managing leads, using agent or builder dashboards), you must register and maintain an account. You agree to provide accurate, current, and complete information during registration and to update it as needed.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must notify us promptly of any unauthorised use. We are not liable for any loss or damage arising from your failure to protect your credentials.

You may only hold one account per person or entity unless we expressly permit otherwise. We may suspend or terminate accounts that we reasonably believe violate this or any other part of these Terms.

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not:

Use the Platform in any way that violates any applicable law or regulation; scrape, crawl, or use automated means to collect data or content from the Platform without our prior written consent; impersonate any person or entity or misrepresent your affiliation; transmit any harmful, offensive, or illegal content or engage in harassment or abuse of other Users; attempt to gain unauthorised access to any part of the Platform, our systems, or other users' accounts; use the Platform to distribute spam, malware, or unsolicited communications; or resell, sublicense, or commercially exploit Platform content or data in a manner that competes with or undermines the Service.

We may suspend or terminate your access if we reasonably believe you have breached these Terms or engaged in conduct that is harmful to the Platform or other users.

Your content: If you post Listings or other Content on the Platform (as a seller, agent, or builder), you represent and warrant that you have the right to do so, including necessary rights from the property owner, and that the information you provide (including price, area, location, and images) is accurate to the best of your knowledge. You must comply with applicable laws, including RERA where it applies to your listing or project.

RERA: Where your listing or project falls under RERA, you must have and maintain all requisite registrations, approvals, and disclosures as required by the applicable RERA authority. You must not misrepresent the status, title, or encumbrances of any property.

Our role: Avnester does not verify the ownership, title, or accuracy of Listings. Any "verified" or similar tag on the Platform indicates only such verification as we explicitly describe (e.g. document checks) and must not be construed as a guarantee of title, area, price, or legal status. Users who transact (buyers, renters, or agents) must conduct their own due diligence.

We may remove or refuse to publish any Listing or Content that we believe violates these Terms, applicable law, or our policies, or that is otherwise harmful to the Platform. We do not guarantee that your Content will be displayed in any particular order or for any particular duration.

When you send an inquiry or contact a listing through the Platform, a Lead may be shared with the listing owner or agent in accordance with our functionality and your consent. Use of Leads (contact details and messages) must be limited to the purpose of the property inquiry and in compliance with applicable data protection and privacy laws.

Our credit system may require you to spend Credits to contact listing owners or to use certain features. Credits are consumed as per the rules in effect at the time of use. We do not guarantee any conversion, response, or outcome from any Lead or use of Credits. Refunds or credit reinstatement for unused or failed actions are subject to our then-applicable policy.

Where the Platform offers paid services (e.g. Credits, listing boosts, subscriptions, or agent/builder fees), you agree to pay the applicable fees at the rates and terms displayed at the time of purchase. All fees are in Indian Rupees (INR) unless stated otherwise. Payment may be collected by us or our designated payment processors.

Unless otherwise stated, fees paid are generally non-refundable. We may, at our sole discretion, offer refunds or credits in specific circumstances (e.g. failed transactions or as required by law). Any refund policy we publish on the Platform will apply to the extent stated.

The Platform, including its design, branding, logos, and original content (excluding User Content), is owned by or licensed to Avnester. You may not copy, modify, distribute, or create derivative works from our Platform or content without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your personal or internal business use in accordance with these Terms.

By submitting Content to the Platform, you grant us a non-exclusive, royalty-free, worldwide licence to use, store, display, and distribute that Content in connection with operating and promoting the Platform, subject to our Privacy Policy and applicable law.

The Platform and all content and services are provided on an "as is" and "as available" basis. To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

Avnester acts as an intermediary under applicable law (including the Information Technology Act, 2000). We do not guarantee the accuracy, completeness, or legality of any Listing, Lead, or User Content. We are not a party to any transaction between users and do not provide legal, tax, or financial advice. You should seek independent professional advice before entering into any property transaction.

To the maximum extent permitted by applicable law, Avnester and its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of or in connection with your use of the Platform or these Terms, whether in contract, tort, or otherwise.

Our total liability for any claim arising out of or related to the Platform or these Terms shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim, or one thousand Indian Rupees (INR 1,000), whichever is greater. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.

You agree to indemnify, defend, and hold harmless Avnester and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your breach of these Terms; (c) your Content or conduct; (d) your violation of any law or third-party rights; or (e) any dispute between you and another User.

We may suspend or terminate your account and access to the Platform at any time, with or without notice, if we believe you have breached these Terms or for any other reason we deem necessary for the operation or security of the Platform.

You may stop using the Platform at any time. Termination does not affect provisions that by their nature should survive (including disclaimers, limitation of liability, indemnity, and governing law).

Upon termination, your right to use the Platform ceases. We may retain and use your data as permitted by our Privacy Policy and applicable law.

We may modify these Terms at any time. We will post the updated Terms on the Platform and may notify you by email or through the Platform for material changes. The "Last updated" date at the top will be revised accordingly.

Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the new Terms. If you do not agree, you must stop using the Platform.

These Terms are governed by the laws of India. Any dispute arising out of or in connection with these Terms or the Platform shall be subject to the jurisdiction of courts at Coimbatore, Tamil Nadu, India.

Nothing in these Terms shall restrict your right to approach the consumer forum or any other forum having jurisdiction under applicable Indian law, including the Consumer Protection Act, 2019.

In accordance with the Information Technology Act, 2000, the IT (Intermediary Guidelines) Rules, 2021, and the Digital Personal Data Protection Act, 2023, we have appointed a Grievance Officer to address your concerns.

Our Grievance Officer will acknowledge your complaint within 24 hours and endeavour to resolve it within 15 days of receipt.

To file a grievance, please use our Grievance Redressal Form at /grievance.

If you are not satisfied with the resolution provided, you may escalate your complaint to: the Data Protection Board of India (for data protection matters under the DPDP Act, 2023), or the appropriate Consumer Forum under the Consumer Protection Act, 2019.

If you have any questions about these Terms and Conditions, please contact us at support@avnester.com.

For grievances, please use our Grievance Redressal Form at /grievance.