TERMS & CONDITIONS FOR USER

These Terms & Conditions ("Terms") govern your access to and use of the Settlewise mobile application, website, and related services (collectively, the "Platform"), operated by [Settlewise Legal Entity Name, CIN, Registered Office at Gandhinagar, Gujarat, India] ("Settlewise", "we", "us", "our").

By downloading the app, creating an account, or using the Platform in any manner, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Platform.

1. ABOUT Settlewise

1.1 What Settlewise is

Settlewise is a technology platform used for efficiently renting and leasing residential, commercial, industrial and agricultural spaces across India without paying any undeserving brokerage fees.

1.2 Role of Settlewise

Settlewise:

  • acts primarily as a marketplace for connecting landlords and tenants;
  • acts secondarily as an intermediary to facilitate communication, KYC, and certain payment and documentation tools;
  • is not a broker, agent, property dealer, or representative of either party; and
  • is not a party to any rental, lease, or licence agreement between users.
1.3 No Brokerage – Only Platform Fees

Settlewise does not charge brokerage. We may charge subscription fees, listing fees, platform/service fees, and paid feature fees ("Platform Fees"). Our revenue model may evolve, and future models may be introduced, but Settlewise will not charge "brokers' commission" as traditionally understood.

1.4 Territory

The Platform is accessible Pan India, with an initial focus on Tier 1 cities. The Target user base is nationwide, but the governing law and jurisdiction remain as defined in Section 28 below.

1.5 Definitions
  • I."Account" means the unique user profile created on the Application, consisting of personal information, login credentials, activity logs, and associated settings, which enables the User to access restricted features of the Application. The Company may suspend, terminate, or modify the same for compliance, fraud-prevention, or security-related reasons.
  • II."Applicable Laws" means all statutes, rules, regulations, guidelines, government notifications, and judicial or administrative orders applicable to the use of the Application, including real estate, IT and data protection laws.
  • III."Application" or "App" refers to the digital platform (including mobile application, website, APIs, and related infrastructure) owned by the Company, through which Users may access real-estate listings, information, tools, and Services. This includes all updates, upgrades, and modified versions.
  • IV."Company", "We", "Us", or "Our" means Settlewise, including its directors, employees, affiliates, subsidiaries, licensors, representatives, and permitted assignments. This definition extends legal protection to the entire organisational structure.
  • V."Company Content" means all Content created, owned, or licensed by the Company, including proprietary software, databases, data models, UI/UX elements, market insights, verification indicators, branding materials, and all other intellectual property.
  • VI."Content" refers to all forms of data, text, images, videos, graphics, documents, maps, listings, messages, metadata, and other material made available on or through the Application, whether generated by the Company, Users, or integrated third parties.
  • VII."Effective Date" means the date from which these Terms come into force, or the date on which the User first accesses the Application after such Terms are updated, whichever is earlier.
  • VIII."Force Majeure Event" means any event beyond the reasonable control of the Company that prevents, delays, or disrupts performance, including natural disasters, pandemics, cyber-attacks, network outages, server failures, governmental restrictions, or other similar circumstances.
  • IX."Intellectual Property" or "IP" means all proprietary rights, whether registered or unregistered, including copyrights, trademarks, trade names, logos, software code, databases, patents, trade secrets, algorithms, and UI/UX components belonging to the Company.
  • X."Listing" means any property-related advertisement or posting submitted by a User (including owners, brokers, or developers) for publication on the Application. The Company does not guarantee the accuracy or authenticity of Listings and may remove them at its discretion.
  • XI."Personal Information" has the meaning assigned under applicable data protection statutes and includes any information capable of identifying an individual, such as name, phone number, email, address, identification documents, and device-related data.
  • XII."Privacy Policy" means the Company's policy governing the collection, processing, storage, transfer, and protection of Personal Information, forming an integral part of these Terms and subject to periodic revisions.
  • XIII."Prohibited Activity" means any User conduct expressly restricted under these Terms, including fraudulent behaviour, false property representations, illegal transactions, data scraping, reverse engineering, harassment, misuse of communication features, or any activity that violates Applicable Laws.
  • XIV."Services" means all tools, functionalities, and features offered through the Application, including property listing services, search and filtering tools, communication channels, lead generation, verification processes, data analytics, mapping features, and any new services introduced by the Company.
  • XV."Terms" or "Terms and Conditions" means these terms governing access to and use of the Application, including any amendments, supplements, rules, or additional guidelines issued by the Company from time to time.
  • XVI."Third-Party Content" means all information or material produced or provided by third parties - such as advertisements, external data, embedded services, or external links - displayed or accessible on the Application. The Company is not responsible for errors or claims arising from such content.
  • XVII."Third-Party Service Provider" means any independent contractor or external entity offering services integrated into or available through the Application, including payment gateways, verification agencies, cloud partners, mapping technologies, analytics providers, and advertisement partners.
  • XVIII."User", "You", or "Your" means any individual or legal entity that accesses, browses, downloads, registers on, or interacts with the Application, including unregistered visitors, property owners, brokers, developers, prospective buyers, tenants, and service providers.
  • XIX."User Content" means any Content that a User uploads, submits, posts, transmits, or provides through the Application, including property images, descriptions, documents, reviews, and communications. Users are solely responsible for ensuring the accuracy and legality of their User Content.
  • XX."Outdated / Misleading Photos" means any photographs, videos, or visual content that do not reasonably represent the present condition, layout, size, amenities, location, or usability of the property as on the date of listing. This includes images that are materially edited, selectively framed, staged, filtered, taken from a different unit or sample property, or are so old that they no longer reflect changes due to wear and tear, renovation, damage, removal of amenities, or alteration of surroundings.
  • XXI."Misconduct" means repeated, intentional, or negligent conduct by a Landlord User such as uploading or retaining misleading or outdated photos, failing to update or correct flagged content after notice, refusing to provide clarification or verification when reasonably requested, repeatedly listing unavailable or misrepresented properties, or engaging in any behaviour that undermines user trust or violates these Terms or violates law in any way. Upon such misconduct, Settlewise may at its discretion seek clarification, hide or remove listings, and in cases of repeated or serious misconduct, restrict, suspend, or terminate the Landlord User's access in accordance with these Terms.

2. ACCEPTANCE & CONSENT (CLICKWRAP)

2.1 When you:
  • install or access the app,
  • sign up or create an account,
  • click "I Agree", "Sign Up", "Register", "Continue" or similar, or
  • continue using the Platform after an update,

you are deemed to have read, understood and accepted these Terms and our Privacy Policy.

2.2 You acknowledge that this T&C is not the Rent Agreement.

Separate rent/lease agreements will govern individual transactions between landlords and tenants.

3. ELIGIBILITY

3.1 You must:
  • be at least 18 years old;
  • be legally capable under the Indian Contract Act, 1872; and
  • not be disqualified or prohibited under any law,

to use the Platform as a registered user.

3.2 Minor / legally incapable users

Minors or otherwise legally incapable persons are not permitted to create accounts or be parties to rental transactions on the Platform. They will be filtered out through KYC requirements and may not lawfully use Settlewise to enter binding agreements.

3.3 Use on behalf of an Entity

If you act on behalf of a company, firm, HUF, trust or any other entity, you represent that you are duly authorised to bind such entity to these Terms; in that case, "you" includes such entity.

4. USER CATEGORIES

4.1 Landlord Users

Users who list or manage properties as:

  • owners,
  • valid power of attorney (POA) holders, or
  • family members or authorised representatives of owners,

are "Landlord Users". Landlord Users warrant they have proper authority to list, show, and offer the property for rent/lease.

4.2 Tenant Users

Users who search for, express interest in, visit, or take properties on rent/lease via the Platform are "Tenant Users".

4.3 Single Account – Dual Role

A single account may act as both Landlord and Tenant. However, each role carries distinct responsibilities under these Terms.

5. ACCOUNT REGISTRATION & SECURITY

5.1 Accurate Information

You must provide accurate, complete, and current information at registration and keep it updated.

5.2 You are responsible for:
  • protecting your login credentials (password, OTP, device access),
  • all activity through your account, and
  • ensuring secure logout and device protection.
5.3 Compromise of Credentials

If you suspect unauthorised use of your account, you must immediately notify us at:

  • Contact: +91 99988 22554
  • Email: team@settlewise.in

Until such notice, Settlewise may rely on any activity from your account as authorised by you.

5.4 We may suspend or terminate your account at any time, with or without notice, if:
  • we detect suspicious, fraudulent or abusive activity;
  • you violate these Terms or any law;
  • We are directed by any court, authority, or law enforcement.

6. SERVICES PROVIDED

6.1 Settlewise may provide, among other things:
  • Property listing services for rental/lease;
  • Search and discovery tools for tenants;
  • In-app chat and communication tools (including masked calling);
  • KYC and property verification workflows;
  • Escrow-based token and rent payment facilitation (via payment partners);
  • Digital rent/lease agreement facilitation tools;
  • Rating, review and feedback systems;
  • Future premium features for enhanced visibility, analytics, automation, and safety.

We may add, modify, or withdraw features at our discretion.

7. FEES, SUBSCRIPTIONS & PREMIUM FEATURES

7.1 Settlewise may charge Users:
  • subscription fees;
  • listing fees;
  • paid feature fees (e.g., premium visibility, priority listings);
  • other convenience/service charges.
7.2 Display of Fees

The nature and amount of fees will be displayed on the Platform and may be changed at any time.

7.3 Non-Refundable

Unless explicitly stated otherwise, Platform Fees are non-refundable, especially where services have been activated or used.

7.4 Premium Features

Premium Features are optional. Their purchase does not guarantee:

  • a particular number of leads;
  • successful rental outcome;
  • specific kind of tenant or landlord;
  • profitable or safe transaction.

8. ESCROW, PAYMENTS & REFUNDS

8.1 Token & Rent Payments

The Platform supports token payments and may support advance rent and other amounts through an escrow facility operated by one or more payment partners ("Payment Partners").

8.2 Who Holds Token?

Token amounts and certain rent payments may be held in escrow, not by the landlord or tenant directly, until conditions specified in our policies or the transaction flow are met (e.g., agreement signing, move-in confirmation).

8.3 Refunds, Partial Refunds & Refund Timeline

If a proposed transaction is cancelled or does not proceed for any reason, including where the parties mutually decide not to go ahead, any refund of token amount or other payments made through the Platform shall be governed by Settlewise's applicable cancellation and refund policy and the escrow mechanism in place at the relevant time.

As a general and user-friendly approach, where a tenant cancels within twenty-four (24) hours of making the payment, the entire amount paid shall be eligible for a full refund. Where cancellation occurs after twenty-four (24) hours, fifty percent (50%) of the amount paid may be refunded, depending on the stage of the transaction, escrow conditions, and Platform policies then in force.

Approved refunds shall be initiated by Settlewise within Forty eight (48) hours of confirmation of cancellation, subject to verification and escrow release, and the actual credit to the User's account shall depend on banking or payment-gateway timelines.

Settlewise may revise or further liberalise its refund policies from time to time based on user feedback, operational experience, and product evolution, and any such updates shall be notified or displayed on the Platform.

8.4 Landlord Cancellation

If a landlord cancels last-minute after receiving token via escrow, Settlewise may, under its then-applicable policy, provide one or more options (for example):

  • full or partial refund of token;
  • credit for future booking;
  • assistance in finding an alternative property;
  • any combination of above,

subject to law and product design. The exact options will be displayed on the Platform and may change over time.

8.5 Tenant Cancellation

If a tenant cancels at the last minute, the applicable deductions, if any, will depend on Platform policies in force at that time and may evolve with experience and feedback.

8.6 Release of Funds

Settlewise may:

  • hold funds until certain milestones (e.g., agreement signing, key handover, move-in OTP confirmation) as and when such features are implemented;
  • withhold payouts where a dispute exists or fraud is suspected.
8.7 No Liability for Banking/Network Issues

Settlewise is not liable for:

  • bank/UPI failures;
  • delays in refund/execution caused by banks, payment gateways or networks;
  • wrong account numbers or details entered by Users;
  • unauthorized payments made outside the Platform.
8.8 Chargebacks

Chargebacks are handled as per Payment Partner rules and law. Settlewise may temporarily freeze or reverse payments in case of chargebacks or suspected fraud.

9. KYC, IDENTITY & PROPERTY VERIFICATION

9.1 Documents

For KYC and verification, Settlewise may ask for:

  • PAN, Aadhaar and other IDs (e.g., driving licence);
  • property ownership documents;
  • electricity bills, property tax receipts;
  • other documents deemed appropriate.
9.2 POA & Family Members

Listings may be created by:

  • legal owners;
  • valid POA holders;
  • authorised family members.
9.3 Verification Badges

A "Verified Owner" or similar badge only means:

  • certain documents were provided and checked at a point in time, and
  • basic verification steps were taken.

It does NOT mean:

  • conclusive legal title,
  • clean litigation/mortgage status,
  • absence of encumbrances, or
  • guarantee of genuine identity.
9.4 Fake or Mismatched Documents

If identity or property documents don't match or appear suspicious, Settlewise may:

  • refuse or revoke verification;
  • block or remove listings;
  • suspend or terminate the account.
9.5 Requests for Verification

Users may request that another user complete KYC verification. Settlewise may, at its discretion, nudge that user but is not obliged to compel verification or reveal private information.

9.6 Government APIs & DigiLocker

Settlewise may use:

  • Government APIs,
  • DigiLocker, or
  • other regulated services

to verify identity and documents, now or in future phases.

9.7 No Selfie Requirement

Settlewise currently does not require a selfie + ID facial match for KYC. This may be introduced later, subject to law and policy.

10. PROPERTY LISTINGS & "SUCCESSFUL LISTING"

10.1 Mandatory Data

To list a property, Landlord Users must provide:

  • address and basic location details;
  • property type (residential, commercial, industrial, agricultural, hostel/PG, etc.);
  • key amenities, restrictions, rent, deposit;
  • property documents for KYC;
  • photos (strongly recommended, but not mandatory at MVP).
10.2 Successful Listing Definition

A property will be treated as a "successful listing" when:

  • landlord KYC is completed and approved; and
  • property KYC is completed and approved.
10.3 Accuracy of Listings

Landlord Users are solely responsible for ensuring that:

  • photos are not misleading or grossly outdated;
  • details (size, location, rent, terms) are accurate and updated;
  • any material issues, known defects, or restrictions are fairly disclosed.
10.4 Outdated/Misleading Photos

Tenants may flag misleading content via feedback/report tools. Settlewise may:

  • request clarification or updated photos;
  • hide or take down the listing;
  • restrict the Landlord User in case of repeated misconduct.
10.5 Litigation/Mortgage Status

Settlewise does not require mandatory disclosure of unrelated litigation/mortgage, but:

  • landlord is responsible for ensuring that letting the property does not violate any law, mortgage terms, or court order;
  • The landlord bears all legal consequences of non-compliance.
10.6 Already-Rented or Reserved Properties

Property KYC and feedback mechanisms aim to reduce false availability, especially common in broker-heavy markets, but Settlewise cannot guarantee that a listed property is not simultaneously offered elsewhere. Repeated incidents may lead to blacklisting.

10.7 CCTV, Pets, Safety Indicators

Landlord Users shall disclose whether:

  • CCTV is installed;
  • pets are allowed;
  • any basic safety or risk aspects (to the extent features exist in the Platform).

Settlewise may, in future, add safety marker features and "certificates" or warnings, but is under no obligation to do so for all properties.

10.8 Inactivity & Auto-Unlisting

Settlewise does not automatically unlist properties purely due to time-based inactivity at MVP stage. However, we may:

  • nudge the landlord to reconfirm availability;
  • unlist properties where repeated reports of non-availability occur.

11. COMMUNICATION & CONTACT MASKING

11.1 Users may communicate via:
  • in-app chat;
  • masked phone calls;
  • request/interest forms;
  • system notifications.
11.2 Masking

User phone numbers will generally be masked until a certain stage (e.g., scheduled visit, agreement step), as configured on the Platform. Privacy is a high priority.

11.3 No Spam Calls Policy

Settlewise's model explicitly avoids harassing call centres. We aim to use technology (notifications, in-app messages) rather than aggressive calling. Users should not receive persistent spam calls from Settlewise or its partners.

11.4 Direct Communication Outside Platform

If Users exchange their personal numbers and communicate outside the Platform, Settlewise:

  • is not responsible for any such communication;
  • cannot monitor or control such interactions;
  • disclaims liability for any harassment or misconduct outside the Platform.

12. PROPERTY VISITS & SAFETY

12.1 Requesting a Visit

Tenants may express interest to visit a property through the Platform.

12.2 Shared Details

The Platform will share property details and limited owner details (possibly masked) sufficient for scheduling.

12.3 Tenants are encouraged to:
  • share visit details with a trusted contact;
  • visit during reasonable hours;
  • exercise caution and due diligence.
12.4 Physical Visit Confirmation

Before signing any rent agreement, tenants will be asked to confirm whether they have physically visited the property. Proceeding without a visit is entirely at the tenant's risk.

12.5 Unsafe or Illegal Conditions

If tenants discover conditions that appear unsafe, illegal, or grossly misrepresented, they should report via in-app feedback. Settlewise may:

  • investigate;
  • suspend or remove the listing;
  • block or restrict the landlord in severe or repeated cases.

13. RATINGS, REVIEWS & BEHAVIOUR SCORES

13.1 Mutual Ratings

Both landlords and tenants may be rated and reviewed by each other.

13.2 Reviews are intended to be:
  • given after move-in (or, as features evolve, after visit/interaction);
  • fact-based and ideally backed by photos or evidence where possible.
13.3 Settlewise may:
  • moderate reviews manually (for legality and policy compliance);
  • later use AI to filter abusive or clearly fake reviews;
  • not allow edit/delete once review is finalised, except as required by law or internal policy.
13.4 Behaviour Scores

Over time, Settlewise may adopt behaviour scores for users based on:

  • complaints;
  • successful transactions;
  • cancellations;
  • reported misconduct.

These are for internal risk and product decisions and do not constitute a legal label or certification of character.

13.5 No Expiry of Ratings

Ratings and reviews generally do not expire, though older data may be weighted differently internally.

14. PLATFORM MISUSE, FRAUD & CYBER-RISK

14.1 Settlewise may use a combination of:
  • compulsory KYC;
  • device and account checks;
  • CAPTCHA at signup;
  • usage pattern analysis,

to reduce bots and fake accounts.

14.2 Users must not:
  • submit forged or deepfake documents;
  • attempt to bypass KYC;
  • hack, scrape or reverse engineer the Platform;
  • introduce malware or harmful scripts.
14.3 Chat & Log Storage

Chats and critical logs are stored for:

  • safety,
  • dispute resolution,
  • legal compliance.

Minimum retention for certain logs is 3 months, and longer where required.

14.4 Fraud Monitoring

24/7 automated fraud triggers and advanced monitoring may be rolled out as the platform grows. Absence of such features at MVP stage does not create liability for Settlewise.

14.5 Suspicious-Login Alerts

Settlewise may send alerts about suspicious login or unusual account activity, but is not obliged to do so in all situations.

15. PRIVACY, DATA PROTECTION & SECURITY

15.1 DPDP Compliance

Settlewise complies, to the extent applicable, with the Digital Personal Data Protection Act, 2023 (DPDP Act) and rules.

15.2 Data Collected may include:
  • name, email, phone;
  • identity proofs (PAN, Aadhaar, driving licence, etc.);
  • property documents;
  • property address (manually entered);
  • chats, call logs (masked call records);
  • usage logs, device identifiers.
15.3 Storage & Security

KYC and other data are stored on secure infrastructure (e.g., VPS or cloud) with:

  • authentication & authorization controls;
  • role-based access;
  • logging of sensitive data access;
  • technical and organisational safeguards (which may include encryption and other measures suitable from time to time).
15.4 Encryption

Settlewise uses security practices appropriate to its stage and resources. Security design may evolve. Without limiting protection, Settlewise does not warrant that:

  • all data is always encrypted at all times;
  • systems are immune from breach.
15.5 Internal Access & Audit

Access to personal data is limited to authorised employees / service providers strictly on a need-to-know basis. Access may be logged and periodically reviewed.

15.6 Deletion & Account Closure

Where a user deletes their profile:

  • active profile data will be removed or anonymised for platform usage purposes;
  • certain data (e.g., KYC docs, agreements, transaction logs) may be retained as necessary for lawful purposes, dispute resolution, tax, accounting, and legal obligations.
15.7 Data Export

Settlewise may provide users the ability to download copies of key information (e.g., rent agreements, transaction statements) for their records as features evolve.

15.8 Government & Legal Requests

Settlewise may disclose user data when:

  • required by a valid court order, law, or governmental authority;
  • necessary to respond to lawful investigations;
  • necessary to protect its own rights or defend claims.

16. NO LEGAL NOTICES THROUGH PLATFORM

16.1 No Formal Notices

The Platform does not send or deliver formal legal notices between users.

16.2 Coordination Only

Any communication done through chat, email, or app messages is only for coordination and record, and does not replace statutory notice requirements under tenancy or other laws.

17. ROLE IN RENT AGREEMENTS

17.1 Agreement Tools

Settlewise may provide tools to draft, e-sign, e-stamp, or store rent/lease/licence agreements ("Rent Agreements").

17.2 Not a Party

Settlewise is only a facilitator and not a party to any Rent Agreement, even if:

  • the agreement is generated using Settlewise templates;
  • execution of the agreement is carried out through e-sign facilities integrated with the Platform or through physical execution coordinated via the Platform; or
  • documents are digitally stored.
17.3 Responsibility of Parties

Landlords and tenants are responsible for:

  • contents of the agreement;
  • compliance with applicable state tenancy laws (including special Acts like Maharashtra Rent Control Act, etc.);
  • stamp duty, registration, notarisation costs;
  • subletting permissions;
  • state-specific registration requirements.
17.4 Legally Binding Agreements

Agreements facilitated through Settlewise may be legally binding if:

  • executed in compliance with applicable law;
  • duly stamped and registered (where required);
  • signed by competent parties.

Settlewise does not guarantee enforceability; parties should seek independent legal advice.

17.5 Clause Control

Settlewise may:

  • allow custom clauses by parties;
  • refuse to allow clearly illegal or void clauses;
  • reserve the right to refuse to facilitate agreements that appear abusive, discriminatory, or unlawful.
17.6 Storage for Court Needs

Settlewise may retain Rent Agreements securely for a minimum period consistent with limitation laws or longer where required by law or internal policy, to support parties in case of legal proceedings, subject to data protection laws.

17.7 Move-in OTP / Handover Confirmation

Settlewise may use OTP-based confirmation for:

  • move-in;
  • key handover;
  • agreement acceptance.

These are product features and do not substitute statutory requirements.

18. LANDLORD & TENANT MISCONDUCT

18.1 Landlord Behaviour

Landlords must not:

  • harass, abuse or discriminate illegally against tenants;
  • increase rent or change key terms after booking is confirmed and token is paid, except as mutually agreed and allowed;
  • deny entry after accepting money (this may constitute an offence);
  • misrepresent property size, location or condition.
18.2 Tenant Behaviour

Tenants must not:

  • cause intentional damage to property;
  • use the property for illegal activities;
  • engage in nuisance or serious disturbance;
  • violate clearly agreed house rules.
18.3 Deposits & Damages

Damage-related issues are dealt with through security deposits and legal remedies between landlord and tenant. Settlewise is not responsible for adjudicating who is right or calculating damages.

18.4 Flagging & Recurring Complaints
  • Landlords may flag problematic tenants;
  • Tenants may flag problematic landlords;

based on evidence. Recurring complaints may be linked in one or more tickets and considered for behaviour scoring or account restrictions.

18.5 Blocking Repeat Offenders

Settlewise may permanently block users (landlords or tenants) with evidence-backed serious or repeated violations.

18.6 Caste/Religion/Family Status Filters

While landlords may have preferences, listings and communications must avoid hate speech or unlawful discrimination. Settlewise may remove content that is blatantly discriminatory or illegal.

19. THIRD-PARTY BROKERS & AGENTS

19.1 MVP Restriction

At MVP stage, Settlewise allows only verified owners/POA/family to list properties.

19.2 No Brokers at Launch

Settlewise does not permit third-party brokers/agents to list in the initial phase.

19.3 Future Broker Models

In the future, Settlewise may introduce broker/agent models if it is in the platform's interest; such models will be governed by separate policies or terms.

20. BLACKLISTING & ACCESS CONTROL

20.1 Settlewise may blacklist:
  • properties with repeated suspicious activity reports;
  • users involved in fraud, abuse, or serious breach.
20.2 Blacklisting may result in:
  • hidden or blocked listings;
  • denial of future access to Settlewise;
  • reporting to authorities in serious cases.

21. OFFLINE DEALINGS & PLATFORM BYPASS

21.1 Users may, at their own risk, choose to:
  • move communication off-platform;
  • execute agreements outside the Platform;
  • make payments directly without using escrow.
21.2 If the Platform is bypassed, Settlewise:
  • has no responsibility or liability for any outcome;
  • is not bound to assist in disputes or refunds;
  • is not liable even if the initial contact arose via Settlewise.
21.3 On-Platform Dealings

Even for on-platform dealings, Settlewise's liability remains subject to Sections 22 and 23.

22. NO GUARANTEES – DISCLAIMER OF WARRANTIES

22.1 As-Is Basis

The Platform and all services are provided on an "as is" and "as available" basis.

22.2 Settlewise does NOT guarantee and expressly disclaims representations and warranties regarding:
  • any specific number or quality of leads;
  • property condition, habitability, safety, legality or suitability;
  • legal validity or marketability of title or ownership;
  • behaviour, identity, solvency or reliability of any user;
  • accuracy or completeness of listings or user content;
  • uninterrupted, error-free, secure or virus-free operation of the Platform;
  • any particular result from KYC or verification;
  • preventability of fraud or misrepresentation.
22.3 User Due Diligence

Users must conduct their own due diligence and seek professional legal, financial, or technical advice where necessary.

23. LIMITATION OF LIABILITY

23.1 To the maximum extent permitted by law, Settlewise, its directors, officers, employees and agents are not liable for:
  • any indirect, incidental, consequential, punitive, or special damages;
  • loss of profits, revenue, goodwill, business, data, or opportunity;
  • disputes, losses or harms arising between landlord and tenant;
  • property damage, personal injury or death (except where directly and solely caused by Settlewise's gross negligence or wilful misconduct);
  • any loss due to incorrect or unlawful user content;
  • any non-performance by third-party service providers (KYC agencies, payment gateways, hosting providers).
23.2 Liability Cap

Settlewise functions solely as a platform that enables users to discover properties, communicate and complete verification steps. Settlewise does not own, control, manage, inspect, negotiate, or guarantee any property, is not a broker, agent, developer, or representative of any user, and is not a party to any rent, lease, licence, or other agreement entered into between landlords and tenants. All commercial decisions, negotiations, property visits, agreements, payments (other than platform fee) and outcomes are undertaken independently by users at their own discretion and risk.

Because Settlewise's role is limited to providing access to the Platform and related digital features, Settlewise cannot reasonably assume responsibility for losses, disputes, damages, or claims arising from user interactions, property conditions, or contractual relationships. Accordingly, and to the maximum extent permitted by applicable law, the aggregate liability of Settlewise for any and all claims arising out of or in connection with your use of the Platform - whether in contract, tort, negligence, or otherwise - shall not exceed the total amount of Platform Fees actually paid by you to Settlewise in the month in which the claim arose (i.e. the date of cause of action), or the amount claimed by you, whichever is lower.

23.3 Non-Excludable Liability

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (e.g., certain statutory liabilities or liability arising from wilful misconduct).

24. INDEMNITY

24.1 You agree to indemnify and hold harmless Settlewise, its directors, officers, employees, and agents from and against all losses, claims, demands, actions, damages, liabilities, costs and expenses (including legal fees) arising out of or in connection with:
  • your use or misuse of the Platform;
  • any breach of these Terms or applicable law;
  • your violation of rights of any third party (including other users);
  • your misrepresentation, fraud, or wrongful acts;
  • any dispute between you and another user;
  • property misuse, illegal use, or non-compliance by you;
  • content or documents you upload.
24.2 Defence of Claims

Settlewise may, at its option, take over the defence of any claim that is subject to indemnification; in such event, you shall fully cooperate.

25. CHANGES TO PLATFORM & TERMS

25.1 Right to Modify Platform

Settlewise may, at its sole discretion, add, modify, suspend or discontinue any feature or part of the Platform at any time without obligation to compensate users.

25.2 Settlewise may change these Terms at any time. We may notify you by:
  • updating the “Last Updated” date;
  • displaying a notice;
  • requesting fresh “I Agree” consent for material changes.
25.3 Continued Use = Acceptance

Continued use of the Platform after changes constitutes your acceptance of the updated Terms.

26. TERMINATION & SUSPENSION

26.1 We may suspend or terminate your account or access to the Platform at any time, with or without notice, if:
  • you violate these Terms or any law;
  • your actions risk harm, fraud, or reputational damage to the Platform;
  • required by law, authority, or court.
26.2 Termination by You

You may terminate your account by using the in-app/account deletion function.

26.3 Upon termination:
  • your right to use the Platform stops immediately;
  • certain data may continue to be stored for legal and operational reasons;
  • rights and obligations accrued up to termination (including indemnity, limitation of liability, payment obligations) shall survive.

27. INTELLECTUAL PROPERTY

27.1 Settlewise IP

All intellectual property in the Platform (including software, UI, logos, trademarks, graphics, content created by or for Settlewise) belongs to Settlewise or its licensors.

27.2 Limited Licence

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform for personal or internal business use consistent with these Terms.

27.3 You shall not:
  • copy, distribute, or create derivative works;
  • reverse engineer or decompile any part of the Platform;
  • remove or modify any copyright or proprietary notices.

28. GOVERNING LAW & DISPUTE RESOLUTION

28.1 Governing Law

These Terms, your use of the Platform, and any relationship, transaction, communication, or dispute between you and Settlewise shall be governed by and interpreted in accordance with the laws of India, without giving effect to any conflict of laws principles that may otherwise apply.

28.2 Arbitration Clause

If any dispute, controversy, or claim arises:

  • out of or relating to these Terms,
  • your use or attempted use of the Platform,
  • any services provided by Settlewise,
  • any communication or transaction facilitated by Settlewise, or
  • any question regarding the existence, validity, interpretation, performance, breach, or termination of these Terms,

such dispute shall be exclusively and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, including all amendments in force at the relevant time.

(a) Appointment of Arbitrator: The arbitration shall be conducted by a sole arbitrator, who shall be appointed mutually by both parties in accordance with the Arbitration and Conciliation Act, 1996. If the parties are unable to mutually agree upon the arbitrator within 15 (fifteen) days from the date on which one party issues a written request for commencement of arbitration, the sole arbitrator shall be appointed in accordance with Section 11 of the Arbitration and Conciliation Act, 1996 by the competent court or authority.

(b) Seat and Venue: The seat and venue of arbitration shall be Gandhinagar, Gujarat. The arbitration proceedings shall be conducted exclusively in the English language.

(c) Interim Relief: Nothing in this clause shall prevent Settlewise from approaching:

  • the courts at Gandhinagar/Ahmedabad, Gujarat, or
  • any other court of competent jurisdiction

for interim, injunctive, or equitable relief, including orders to protect the Platform, data, intellectual property, or prevent misuse or fraud.

28.3 Jurisdiction of Courts

Subject to the arbitration clause above, the courts at Gandhinagar/Ahmedabad, Gujarat shall have exclusive jurisdiction over:

  • any proceedings related to the arbitration,
  • interim or emergency relief applications, and
  • any dispute not arbitrable in law.

The parties expressly agree that no other court, forum, or jurisdiction shall have authority over such matters.

29. GENERAL PROVISIONS

29.1 Entire Agreement

These Terms, together with the Privacy Policy and any specific product terms, constitute the entire agreement between you and Settlewise concerning the Platform.

29.2 Severability

If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force. The invalid provision shall be replaced with a valid one most closely reflecting the original intent.

29.3 No Waiver

Failure or delay in exercising any right under these Terms does not constitute a waiver. A waiver must be in writing.

29.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Settlewise may freely assign or transfer its rights and obligations to any affiliate or successor.

29.5 Notices

Official notices to Settlewise must be in writing to our registered address or notified email. Notices to you may be sent via app notification, email, SMS, or posted on the Platform.

29.6 Relationship

Nothing in these Terms creates any partnership, joint venture, employer-employee, or agency relationship between you and Settlewise.

29.7 Grievance Redressal

In accordance with Applicable Laws, Settlewise has established a Grievance Redressal mechanism to address user complaints and concerns relating to the Platform, Services, data usage, or these Terms.

Users may contact the Grievance Redressal Officer at:

  • Contact: +91 99988 22554
  • Email: team@settlewise.in
  • Address: 127, Shree Rang Plaza-95, Gandhinagar Bypass Road, Randesan, Gandhinagar - 382426, Gujarat, India

Settlewise shall make reasonable efforts to acknowledge and resolve grievances within 15 working days of receipt. The grievance mechanism is limited to platform-related issues and does not involve adjudication of landlord-tenant disputes.

30. AMENDMENTS, MODIFICATIONS & UPDATES

30.1 Right to Amend

Settlewise reserves the sole and absolute right to add, modify, amend, suspend, or delete any part of these Terms & Conditions, the Privacy Policy, or any feature of the Platform at any time, with or without prior notice, at its discretion.

30.2 Communication of Changes

Settlewise may notify Users of changes through any of the following methods:

  • updating the "Last Updated" date at the top of these Terms;
  • displaying an in-app or website notification/pop-up;
  • sending an email, SMS, or alert (where feasible);
  • requiring renewed acceptance through a clickwrap prompt for material changes.

You agree that such methods are sufficient and valid notice of amendments.

30.3 Binding Nature of Amendments

All amendments become effective immediately upon being posted or published on the Platform, unless a later effective date is specified.

Your continued access or use of the Platform after such changes constitutes:

  • your acknowledgment of the updated Terms, and
  • your agreement to be bound by them.
30.4 Right to Withdraw or Modify Services

Settlewise may at any time:

  • introduce new features;
  • discontinue existing features;
  • restrict or suspend certain functionalities;
  • update pricing or paid features;
  • modify policies relating to escrow, KYC, verification, or payments,

without obligation to compensate or notify Users, except where required by law.

30.5 User Responsibility

We request Users to periodically review the Terms & Conditions and Privacy Policy to remain informed about any updates or changes. If a User does not agree with the revised Terms, they may choose to discontinue use of the Platform and delete their account. Settlewise values and encourages healthy, constructive feedback, and welcomes user inputs, suggestions, or concerns regarding any policy changes through the designated feedback or grievance channels.

31. FORCE MAJEURE

31.1 No Liability for Force Majeure

Settlewise shall not be liable in any manner whatsoever for any failure, delay, interruption, suspension, or inability to provide the Platform or any Services, whether in whole or in part, if such failure or delay is caused, directly or indirectly, by a Force Majeure Event. A Force Majeure Event is any event or circumstance beyond the reasonable control, anticipation, or prevention capability of Settlewise, regardless of whether such event was foreseeable. The User expressly agrees that Settlewise shall not be considered in breach of these Terms during the continuance of a Force Majeure Event.

31.2 Broad Definition of Force Majeure

Force Majeure Events include, without limitation:

  • acts of God, natural calamities, floods, lightning, earthquakes, cyclones, storms;
  • fire, explosions, electrical failures, accidental infrastructure damage;
  • epidemics, pandemics, contagious disease outbreaks, quarantines, or public health emergencies;
  • war, invasion, armed conflict, civil unrest, riots, insurrection, terrorism, sabotage;
  • governmental orders, regulatory changes, bans, restrictions, judicial directives, investigations, or new compliance requirements affecting operations;
  • failures of utilities, power grid disruptions, server crashes, DNS failures, systemic internet breakdowns;
  • cyber-attacks, hacking, ransomware, malware, unauthorized access, denial-of-service attacks, or any other digital security incident;
  • labour disputes, strikes, lockouts, or industrial disturbances not attributable to Settlewise;
  • failures, downtime, or non-performance of third-party service providers, including cloud hosts, payment gateways, KYC partners, telecom partners, or integrated platforms;
  • any event making performance commercially impracticable, unsafe, unlawful, or impossible in Settlewise's reasonable opinion.
31.3 Suspension of Obligations

For the duration of the Force Majeure Event:

  • all obligations of Settlewise shall be suspended to the extent affected;
  • Settlewise may temporarily limit, restrict, suspend, or disable access to the Platform or certain features;
  • such suspension shall not constitute a default, breach, or failure on the part of Settlewise.
31.4 Priority to Safety, Security & Compliance

In circumstances involving cyber threats, system instability, regulatory actions, data risks, or any situation jeopardizing Users or the Platform, Settlewise shall have absolute discretion to:

  • shut down or isolate system components;
  • restrict or delay services;
  • disable features temporarily;
  • take any emergency measures deemed necessary.

Such actions shall be deemed legitimate, lawful, and in good faith and shall not constitute breach of these Terms.

31.5 Effort to Notify

Settlewise will make reasonable efforts to inform Users of a Force Majeure Event using in-app notices, email, or other communication channels. However, failure to provide notice shall not affect Settlewise's rights, nor shall it result in liability of any kind.

31.6 No Refunds, Compensation, or Claims

The User fully acknowledges and agrees that:

  • no refunds,
  • no compensation,
  • no damages,
  • no extensions,
  • and no claims of any kind

shall arise against Settlewise due to service interruptions, delays, feature unavailability, or Platform downtime resulting from a Force Majeure Event. Users waive any right to bring claims for losses arising out of Force Majeure conditions.

31.7 Resumption of Services

Settlewise shall resume normal operations at its sole discretion once the Force Majeure Event has subsided and circumstances reasonably permit. Settlewise shall not be required to:

  • perform obligations that have become illegal, impossible, or commercially unreasonable;
  • provide alternative services;
  • compensate for any backlog or delay caused by the event.
31.8 Extended Force Majeure

If a Force Majeure Event continues for a prolonged period, Settlewise shall have the right to:

  • permanently discontinue or modify affected services,
  • restructure parts of the Platform,
  • update policies, pricing, or features accordingly.

Such decisions shall be final and binding, and shall not give rise to any claim or liability.

ACKNOWLEDGEMENT

By clicking "I Agree", "Register" or similar, and by continuing to use Settlewise, you confirm that:

  • You have read and understood these Terms;
  • You are legally competent to accept them;
  • You understand that Settlewise is only a platform connecting landlords and tenants, not a broker, not a party to your rental/lease transaction, and not guaranteeing any outcome;
  • You accept all disclaimers, limitations of liability, and indemnity obligations contained herein.
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