Terms and Conditions for YouLiv...
Terms and Conditions
This is a contract/agreement between your agents/ owners and Sham Spaces, having its registered office at Village Parel, Post Office Sultanpur, Chamba (H.P.) - 176314 (hereinafter referred as "company" /Youliv Spaces / "we" in this agreement).
This Contract is effective from the date when you register with Youliv Spaces until terminated expressly by either party giving written notice.
Youliv Spaces provides marketing and lead generation services and other connected services without any specific warranty of any specific result/outcome.
Youliv Spaces may modify this Agreement from time to time at its own discretion. The modification in any Contract term shall be communicated to you through a mail to the email address provided & updated by you from time to time. The modification shall be effective from the time it is communicated on your registered email address. It is your responsibility to check the provisions of this Contract regularly. Your use of the Youliv Spaces site implies your acceptance of any change in this Contract as effected from time to time by Youliv Spaces. THIS CONTRACT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES.
You can become a registered Owner/ Broker on Youliv Spaces by successfully sharing your consent to list your property with Youliv Spaces. For availing our services, you must be eligible to enter into, execute, and abide by the terms of this contract as per the applicable laws of India. Your registration on Youliv Spaces will mean that that you will abide by all of the terms of this Agreement. You will inform Youliv Spaces of your subsequent disability to enter into any contract. In the event of such a subsequent disability, Youliv Spaces will be entitled to restrict/change/terminate this agreement at its own discretion with or without any notice to you. Access rights to the Youliv Spaces services may also be withdrawn.
You agree with a sound mind, without undue force, pressure, or coercion on you - that your registration as an Owner/ Broker on Youliv Spaces is your complete unqualified acceptance, relating to various terms detailed in this Agreement. You further undertake that in case of any dispute relating to this Contract the exclusive jurisdiction to file lawsuits against you.
You agree to deliver to Youliv Spaces, via an interface determined by Youliv Spaces and in a format and language specified by Youliv Spaces, all data and photographs within your database (the "Listings"). You further confirm that Youliv Spaces have full authority to publish the Listings on Youliv Spaces.
Youliv Spaces Services
Upon registration as an Owner/ Broker on Youliv Spaces, you will get free listing services, which shall include the following:
- You will be entitled to post an unlimited number of property listings on the website for sale and rental;
- Youliv Spaces may connect you to the customers who are interested in any of the property listings posted by you on the Platform;
- Youliv Spaces gives a lot of attention to the quality of conduct on its Platform. Therefore, Youliv Spaces may record and review the conversation between buyers and Owner/ Brokers.
- This information may be used for internal quality and training purposes.
- Youliv Spaces may ask for feedback and rate your services and listings based on the internal scoring mechanism and feedback from the customers;
- The quality scores of the services and listings may be used on the Platform for providing relevant information to the customers.
- Youliv Spaces may provide you additional tools and CRM for better service experience of the customers.
Service Charges shall be charged only on the successful completion of the transaction with the customers referred to the Owner/ Broker through Youliv Spaces. Service Charges shall be subject to change from time to time as per the discretion of Youliv Spaces. The percentage of charges is 25% on a first-month rent basis from the owner.
One time Registration on Youliv Spaces Platform will be without any service charges, regardless of any number of properties uploaded. Youliv Spaces does not restrict the Member from uploading properties as long as properties conform to the quality standards as prescribed by the Youliv Spaces. Youliv Spaces will submit an Invoice of Service Charges for every confirmed transaction, which shall be honored and settled by the Owner/ Broker on the same day as that of the date of the Invoice/ transaction from the customer. Upon successful completion of the transaction (from the customer), Youliv Spaces will collect the first payment (including first-month rent and security deposit) from the customer on behalf of the owner/ broker and withdraw its Service Charges (Youliv Spacesâ€™ Share) ie. 25% on first-month rent and transfer the balance amount to the owner/ broker. Youliv Spaces will settle all the payments on the same day of conversion (receiving payment from the customer) with a standard timeline up to 3-5 hours and maximum within 24 hours of the conversion. Youliv Spaces will inform the Owner/ Broker on the same day of conversion by notifying the Owner/ Broker on the Ownerâ€™s Login and Owner Registered Mobile Number.
Youliv Spaces can accept payment from the customer through any mode ie. Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments, or any other payment mode integrated on the Platform. All payments will be subject to applicable taxes and duties as may be levied by the relevant authorities. Youliv Spaces reserves the right to change the Fixed Transaction Fees charged to the agent at its sole discretion. In the event of such a change, the same will be informed to the Owner/ Brokers 7 days in advance.
Providing any rebate/ cash discount/payment discount/ cashback/ cut in payments to the parties involved in the transaction remains to be the sole discretion of Youliv Spaces.
On completion of the registration process and by accepting the terms of this Agreement, Owner/ Broker hereby undertakes:
- That all the information provided by the Owner/ Broker during the registration process is true and correct.
- To allow Youliv Spaces to collect the payment from customers on his behalf and deduct the Service Charges (to be paid to Youliv Spaces) and transfer the balance payment through the respective mode of payments to the owner
- The content of That listing provided by the Owner/ Broker does not violate/infringe the intellectual property rights of any other party.
- To provide listings of properties that are available for sale or rental. Owner/ Broker hereby further undertake to promptly remove the contents of the listing / disable the listings of the property which are no more available for sale or rental.
- To proactively manage the inventory available in their property
- To proactively respond, confirm or acknowledge the feedback initiated by the customers except where some clarification is required from Owner/ Broker's end, not later than 7 days.
- No response from the Owner/ Broker shall be considered as deemed acceptance or acknowledgment by the Owner/ Broker.
- Not to share the login details on the Platform with anyone else and shall be liable for all the activities on the Platform through its login.
- Youliv Spaces does not approve content that is abusive in nature or content that discriminates on the basis of religion, sex, caste, geography, or any other factor that may be deemed to be discriminatory. Therefore, Owner/ Broker hereby undertakes to ensure that content uploaded on the Platform shall abide by these guidelines.
- To ensure that all fields filled at the time of creating listings by Area Manager are filled with utmost care of the Owner/ Broker. Particular listings or your entire set of listings may be removed if we find intent to provide wrong information which includes but not limited to: providing wrong locality, project, city tagging, listing duplicate properties, property not available for sale/rent, or not authorized to sell /rent the property.
- The owner/ Broker undertakes all the details and documents provided to the Area Manager at the time of property onboarding are correct and he/she is the concerned person operating the property or is the owner for the property.
- The owner/ Broker undertakes that Mode of Payments for online transactions are opted by the owner/broker themselves and Youliv Spaces is not liable if the account details are incorrect. Also, the account details provided by the owner/ broker in the Owner Login Module belongs to them. Youliv Spaces will transfer all the payments received through online mode to the selected Mode of Payments.
- The owner/ Broker undertakes that any information related to the payment is provided by him.
- To abide by the listing guidelines and conduct guidelines updated by Youliv Spaces from time to time.
Youliv Spaces may decide to assign a score called Seller Score to the Owner/ Broker based on the quality of listings and their conduct/interaction with customers. You also agree to grant a license to Youliv Spaces to display the seller score to users on any of its platforms.
On completion of the registration process and by accepting the terms of this Agreement, Owner/ Broker hereby acknowledges:
- Youliv Spaces ensures that only good quality content is uploaded on the Platform for the users. For this purpose, Youliv Spaces may decide to review the content of every listing provided by the Owner/ Broker before they are made live on the Platform.
- Youliv Spaces shall have the right to score the content of the listing provided by the Owner/ Broker and the listings may be shown to the customers based on the search criteria and listing score.
- Youliv Spaces shall verify the property listing to ensure the quality of the platform.
- Youliv Spaces gives a lot of attention to the quality of information submitted by the Owner/ Broker and reserves the right to remove content that does not meet quality parameters;
- Users of Youliv Spaces shall be encouraged to rate the services of the Owner/ Broker. Youliv Spaces shall have the right to display the reviews and ratings provided by the users at their own discretion.
- That any listing content provided by the Owner/ Broker shall be marked suspended from the Platform after 90 days in case the property is found inactive (or after a period as Youliv Spaces may deem necessary) to ensure only active listings are shown to the users of Youliv Spaces.
- Youliv Spaces shall have the right to collect all the payments from the customers on the ownerâ€™s behalf, deduct Service Charges and transfer the balance payment to the owner.
- Youliv Spaces does not give any kind of assurance/guarantee on the volume of leads and the quantum of business to be generated by the Owner/ Broker.
Suspension of Service
If any amount payable by the Owner/ Broker to Youliv Spaces is not paid on or before the due date, Youliv Spaces may without prejudice to any other rights or remedies that may be available to it suspend the Service /Services provided to the Owner/ Broker.
When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by Youliv Spaces. Upon subsequent payment by the Owner/ Broker of such monies as is due to be payable to Youliv Spaces, Youliv Spaces may at its discretion and subject to such terms as it deems proper, restore the Service(s).
Youliv Spaces also reserves the right to suspend the service if the Owner/ Broker does not satisfy the quality and conduct guidelines referred to in T&C or if the seller score is below a certain threshold limit determined by the company from time to time.
Term & Termination
This Agreement will remain in full force and effect after you have completed the registration as an Owner/ Broker on Youliv Spaces. Youliv Spaces reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your registration at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the registration is canceled or suspended, any data/content you may have stored/submitted to Youliv Spaces may not be retrieved later. You understand that Youliv Spaces may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of Youliv Spaces.
You may decide to terminate this Agreement by disabling your login on the Platform. In the event of such termination you shall remain liable to pay for the Service Charges already accrued or as may be accrued in future due to closure of transaction with the customers referred by Youliv Spaces.
In case of content/data/information submitted by you to Youliv Spaces, for availing the Services provided by Youliv Spaces, is found incorrect, misleading, derogatory, illegal, and/or such content are submitted without any authority then Youliv Spaces reserves its rights to take appropriate legal actions including the cancellation of any or all your registrations with or without any notice to you in this regard.
Youliv Spaces reserves the right to screen messages that you may send to others through the Youliv Spaces site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person without their prior explicit consent. In order to protect Youliv Spaces and/or its users from any abuse/misuse, Youliv Spaces reserves the right to restrict the use of Youliv Spaces by you for such a period which Youliv Spaces deems appropriate in its sole discretion.
You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate / contact/respond / interact with Youliv Spaces and/or its users unless specifically permitted by Youliv Spaces.
You hereby confirm that the Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized and including termination of your rights to use the service and any other remedies available to Youliv Spaces by law.
Youliv Spaces may verify the Registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Youliv Spaces has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Youliv Spaces has the rights to suspend or terminate your account and refuse any and all current or future use of the Youliv Spaces site and its services (or any portion thereof). Youliv Spaces owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Youliv Spaces Site and the Youliv Spaces Service;
The Site contains the copyrighted material, trademarks, and other proprietary information of Youliv Spaces, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Youliv Spaces, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;
All lawful, legal, and non-objectionable messages (in the sole discretion of Youliv Spaces), content, and/or other information, content, or material that you post on the forum boards shall become the property of Youliv Spaces. Youliv Spaces reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content.
You agree to indemnify and hold Youliv Spaces, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneyâ€™s fees, made by any third party due to or arising out of your use of the Youliv Spaces Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.
Each Party's relationship to the other Party is that of an independent contractor. The Parties are not partners or joint ventures with one another and do not intend to form a partnership or joint venture.
The Parties agree that all matters related to this Agreement shall be governed by the Laws of India each Party irrevocably consents to the exclusive jurisdiction of the State of Himachal Pradesh with respect to any action brought in connection with this Agreement.