Terms and Conditions of Use

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• Platform or Website means www.ecland.co.in, operated by EcLand.
• We, Us, or Our refers to EcLand, the owner and operator of the Platform.
• Asset Owner / Data Submitter means any individual, entity, court, government department, bank, financial institution, or their authorised representative who submits information about a property, asset, or related legal document to the Platform.
• Buyer / Searcher means any person or entity who accesses the Platform to search, view, or obtain information about a property or asset.
• User means any person accessing or using the Platform in any capacity, including Asset Owners, Buyers / Searchers, visitors, and registered users.
• Property Data means information relating to immovable or movable assets, including but not limited to title documents, encumbrance details, ownership history, mortgages, charges, liens, court orders, legal disputes, government notifications, and other records uploaded or submitted to the Platform.
• Intermediary has the meaning ascribed to it under Section 2(1)(w) of the Information Technology Act, 2000, as amended.
• Services means the information aggregation, search, display, and notification services offered by the Platform.
• Applicable Law means all laws, regulations, guidelines, and circulars in force in India, including the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Digital Personal Data Protection Act, 2023, the Registration Act, 1908, the Transfer of Property Act, 1882, the Indian Evidence Act, 1872, the Consumer Protection Act, 2019, and other applicable statutes.

2. Nature and Scope of the Platform

2.1 Intermediary Status

The Platform operates solely as an Intermediary as defined under the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Platform facilitates the collection, aggregation, and display of Property Data submitted by third parties - including Asset Owners, courts, government departments, and banks - for the purpose of enabling informed decisions by prospective buyers.

The Platform does not independently verify, authenticate, certify, or guarantee the accuracy, completeness, truthfulness, or legal validity of any information submitted to or displayed on the Platform. Nothing on the Platform constitutes legal advice, title opinion, encumbrance certificate, or an official government record.

2.2 No Legal Advisory Role

The Platform is an information-access service only. Users are strongly advised to:

• Engage a qualified advocate or legal professional for independent verification of title and encumbrance before any property transaction.
• Obtain official certified copies of documents from the relevant Sub-Registrar's Office, Revenue Department, or Courts.
• Consult a licensed property valuer, financial advisor, or other relevant professional as applicable.

2.3 Sources of Data

Property Data on the Platform may originate from:

• Self-declarations or uploads by Asset Owners or their authorised representatives.
• Data shared by courts, tribunals, and quasi-judicial authorities.
• Data shared by government departments including Revenue, Municipal, and Registration authorities.
• Data shared by banks, NBFCs, financial institutions, and credit information companies.
• Publicly available official records and databases.

3. Eligibility and Registration

3.1 Eligibility

Access to the Platform is available only to persons who are:

• At least 18 years of age; or
• A duly authorised representative of a company, firm, trust, government authority, court, bank, or other legal entity.

By using the Platform, you represent and warrant that you meet the above eligibility requirements.

3.2 Account Registration

Certain features of the Platform require registration. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information.
• Keep your one-time verification codes and account access details confidential and not share them with any third party.
• Notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate any account at our sole discretion if we reasonably believe the information provided is false, misleading, or in violation of these Terms.

4. Obligations of Asset Owners / Data Submitters

4.1 Accuracy of Submitted Data

Any person submitting Property Data to the Platform, whether as an Asset Owner or on behalf of an institution, represents, warrants, and undertakes that:

• All information submitted is true, accurate, complete, and up to date to the best of their knowledge.
• They have full legal authority and right to submit the said information.
• The submission does not violate the rights of any third party, including privacy rights, intellectual property rights, or contractual obligations.
• The submission does not contain false, fraudulent, misleading, or defamatory information.
• Submission of another person's data is done with their explicit consent or under lawful authority.

4.2 Sole Responsibility

Asset Owners and Data Submitters shall be solely and exclusively responsible for the accuracy, legality, and completeness of all data they submit. The Platform expressly disclaims all liability for any loss, claim, or damage arising out of or in connection with data submitted by Asset Owners or Data Submitters.

4.3 Grant of Licence

By submitting Property Data to the Platform, the Asset Owner / Data Submitter grants the Platform a non-exclusive, royalty-free, perpetual (subject to deletion requests), irrevocable, worldwide licence to store, process, display, aggregate, and make available such data to Users of the Platform, subject to these Terms and the Privacy Policy.

4.4 Disputes Between Owners

If a property has multiple claimants or disputed ownership, the Platform shall display all submitted claims as received, clearly marked as disputed or subject to legal proceedings, without adjudicating or expressing a view on the merits of any claim. Users must seek legal advice before relying on such information.

5. Obligations and Rights of Buyers / Searchers

5.1 Purpose of Use

Buyers and Searchers may use the Platform solely for the lawful purpose of conducting due diligence before purchasing or transacting in property. Any commercial resale, redistribution, bulk download, or scraping of Platform data is strictly prohibited.

5.2 Acknowledgement of Limitations

By using the search and report services, Buyers / Searchers expressly acknowledge and agree that:

• The information displayed on the Platform is aggregated from multiple third-party sources and may not be exhaustive or current.
• The Platform is not a substitute for official government records, legal title searches, or professional legal advice.
• The Platform does not issue encumbrance certificates or certified copies of any document.
• Reliance on Platform data alone for any property transaction is at the sole risk of the Buyer / Searcher.

5.3 Fees

The Platform charges fees to both Asset Owners (for data submission and listing) and Buyers / Searchers (for search and report access). Fee schedules are displayed on the Platform and may be revised from time to time. Fees once paid are non-refundable except as expressly provided in the refund policy or as required by law.

6. Prohibited Conduct

You agree not to:

• Submit false, fabricated, misleading, or defamatory Property Data.
• Impersonate any person, entity, government authority, or institution.
• Use the Platform for any unlawful purpose including fraud, money laundering, or market manipulation.
• Attempt to gain unauthorised access to the Platform's systems, databases, or other accounts.
• Engage in scraping, harvesting, or automated data extraction from the Platform.
• Sell, sublicense, or commercially redistribute data obtained from the Platform.
• Interfere with or disrupt the Platform's operation, servers, or infrastructure.
• Upload viruses, malware, or any code that could damage or interfere with the Platform.
• Use Platform data to harass, stalk, threaten, or harm any individual.
• Misrepresent the source or authority of any data submitted to the Platform.

7. Intermediary Safe Harbour and Liability

7.1 Safe Harbour Under IT Act

The Platform claims the protections available to Intermediaries under Section 79 of the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Platform:

• Does not initiate the transmission of third-party information.
• Does not select the receiver of third-party information.
• Does not select or modify third-party information transmitted or stored.
• Has implemented a grievance redressal mechanism as required under Rule 3 of the IT Rules, 2021.

7.2 Grievance Officer

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Platform has appointed a Grievance Officer. Contact details for grievance redressal are available through the Platform's contact and legal channels at www.ecland.co.in and by email at legal@ecland.co.in. The Grievance Officer shall acknowledge a complaint within 24 hours and resolve it within 15 days of receipt.

7.3 Takedown and Rectification

If any User or third party believes that any information on the Platform is false, defamatory, violates their privacy, or is otherwise unlawful, they may submit a written complaint to the Grievance Officer. Upon receipt of a valid complaint or court or government order, the Platform shall act within the time period mandated by Applicable Law.

8. Disclaimers and Limitation of Liability

8.1 No Warranty

The Platform and all information on it are provided on an "as is" and "as available" basis without any warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, title, or non-infringement.

8.2 Limitation of Liability

To the maximum extent permitted under Applicable Law, EcLand shall not be liable for:

• Any loss arising from reliance on information displayed on the Platform.
• Any property transaction entered into on the basis of Platform data.
• Any inaccuracy, incompleteness, or delay in information submitted by third parties.
• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, goodwill, data, or business opportunities.

In no event shall EcLand's aggregate liability to any User exceed the fees paid by such User to the Platform in the preceding three months.

8.3 Force Majeure

The Platform shall not be liable for any failure or delay in performance arising from causes beyond its reasonable control, including acts of God, government actions, internet outages, cyber-attacks, or natural disasters.

9. Future Data Commercialisation

The Platform does not currently sell or license User data or Property Data to any third party. However, the Platform reserves the right to do so in the future, subject to:

• Amendment of these Terms and the Privacy Policy, with advance notice to Users as required by Applicable Law.
• Compliance with the Digital Personal Data Protection Act, 2023 and all other Applicable Law.
• Obtaining requisite consents from Users as mandated by law.

Users who do not consent to such future commercialisation shall have the right to request deletion of their personal data in accordance with the Privacy Policy, subject to the Platform's retention obligations under Applicable Law.

10. Intellectual Property

All content on the Platform - including the Platform's design, interface, software, algorithms, logos, trademarks, and compilation of data - is the intellectual property of EcLand and is protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and other Applicable Law. Nothing in these Terms grants any User a right to copy, reproduce, or create derivative works of the Platform's proprietary content without prior written consent.

Property Data submitted by Users remains the property of the submitter, subject to the licence granted under Clause 4.3 above.

11. Fees, Payments, and Refunds

Fee structures are published on the Platform and may be updated from time to time with reasonable notice. All fees are inclusive of applicable Goods and Services Tax (GST) unless otherwise stated. Payments made through the Platform are processed by third-party payment gateways; the Platform is not liable for payment gateway failures, delays, or errors. Refund requests must be submitted to the Grievance Officer within 7 days of payment, and refunds shall be considered only in cases of technical failure or duplicate payment.

12. Amendments to Terms

The Platform reserves the right to modify these Terms at any time. Material changes shall be notified to registered Users via email or on-platform notification. Continued use of the Platform after such notification constitutes acceptance of the revised Terms. Users who do not accept the revised Terms must cease using the Platform and may request account deletion.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of India.

13.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Bengaluru, India. The language of arbitration shall be English.

13.3 Jurisdiction

Subject to the arbitration clause, the courts at Bengaluru, India shall have exclusive jurisdiction over any matters not covered by arbitration.

14. General Provisions

• Severability: If any provision is held invalid, it shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between the User and the Platform.
• Waiver: Failure to enforce any provision shall not constitute a waiver.