Terms of Service
Last Updated: 20 September, 2026
Introduction
Welcome to Sthavr, a premium real estate digital ecosystem owned and operated by Propscend Realty Pvt Ltd ("Sthavr", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of Sthavr's website, mobile applications, offline deal concierge services, and digital transaction tools (collectively, the "Platform").
By accessing, registering an account, or utilizing any services on the Platform, you agree to be legally bound by these Terms. If you disagree with any part of these Terms, you must immediately cease accessing or using the Platform.
Sthavr operates strictly as an "Intermediary" as defined under Section 2(1)(w) and Section 79 of the Information Technology Act, 2000. We provide a technology platform for users to interact and negotiate, and we are not liable for third-party or user-generated data, property documents, or communications hosted on the Platform.
Definitions
User: Any individual or corporate entity accessing or using the Platform, encompassing Buyers, Sellers, Realtors, and Service Providers.
Buyer: Individuals, developers, family offices, or companies seeking to purchase, invest in, or jointly develop real estate properties through the Platform.Seller: Individuals, housing societies, or corporate entities offering real estate properties for outright sale, joint development (JD), or redevelopment.Realtor: Real estate advisors, brokers, or mandate holders who act as intermediaries and list client properties on the Platform.Service Provider: Independent consultants, legal advisors, architects, contractors, or other professionals offering real estate-related services directly or via referral on the Platform.Content: All information, data, property metrics, text, software, graphics, or other materials submitted, posted, or displayed on the Platform.
Eligibility & Account Registration
3.1. Legal Capacity: You must be at least 18 years of age and possess the legal authority to form a binding contract under the Indian Contract Act, 1872, to use our Platform.
3.2. Account Accuracy: To access specific transaction features, you must register for an account. You agree to provide accurate, current, and complete corporate and personal information during registration and to continuously update this data.
3.3. Account Security: You are solely responsible for safeguarding your login credentials. Sthavr holds you fully accountable for any activities, data uploads, or legal agreements (such as digital Letters of Intent) executed under your account.
3.4. Right to Suspend: To maintain the security and integrity of the Platform, Sthavr reserves the absolute right to suspend, restrict, or terminate any User account without prior notice if we suspect fraudulent activity, misrepresentation, or a violation of these Terms.
Nature of Platform Services
4.1. Technology Aggregator Role: Sthavr provides a digital and offline marketplace connecting Buyers, Sellers, Realtors, and Service Providers. We provide tools for standardized offers, property feasibility, blind marketing, and transaction management.
4.2. RERA & Regulatory Disclaimer: Unless explicitly registered and displaying a valid RERA registration number, Sthavr acts purely as a technology aggregator and facilitator. Sthavr does not guarantee the statutory compliance (including RERA project registrations) of any property listed. The burden of statutory compliance rests entirely with the Sellers and Developers.
4.3. No Guarantee of Title Authenticity: Sthavr does not authenticate, guarantee, or underwrite the validity of title deeds, 7/12 extracts, or NOCs uploaded to the Platform. The absolute burden of legal and financial due diligence rests 100% on the Buyer.
4.4. No Ownership: Sthavr does not own, sell, or rent the properties listed. Sthavr is not a direct party to the ultimate real estate transfer agreement between a Buyer and a Seller.
User Covenants
By utilizing the Platform, you make the following binding warranties:
5.1. Sellers & Realtors:
You warrant that you possess the absolute, unencumbered legal right, clear title, or a valid written mandate to list and transfer the properties you upload.
You agree to provide accurate, non-misleading information regarding property metrics, encumbrances, and legal status.
Indemnity for Title Defects: If a property uploaded by a Seller or Realtor is found to be disputed, forged, or legally encumbered, the uploading User solely bears all legal and financial consequences. The User agrees to completely indemnify and shield Sthavr from any civil or criminal property litigation arising from their listing.
5.2. Buyers:
You warrant that you possess the bona fide financial capacity to honor any Letter of Intent (LOI) or bid submitted through the Platform.
5.3. General Conduct: You agree not to use the Platform for any fraudulent or illegal purpose, nor to interfere with the integrity of the Platform's digital infrastructure.
Non-Circumvention Policy
6.1. Prohibition of Off-Platform Deals: The core value of Sthavr relies on transparent platform execution. Users are strictly prohibited from engaging in off-platform deals, side negotiations, or direct transactions with counterparties that were initially discovered, introduced, or initiated through the Platform.
6.2. Penalties for Circumvention: Sthavr actively monitors platform initiation data. If a Buyer, Seller, or Realtor circumvents the Platform to close a transaction initiated on Sthavr, it constitutes a material breach of this contract. Sthavr reserves the right to:
Immediately terminate the User’s account.Initiate legal proceedings to recover liquidated damages equal to 100% of the applicable platform fee Sthavr would have earned had the transaction been completed on the Platform, plus all legal costs and attorney fees incurred to recover said amount. Both parties agree this is a genuine pre-estimate of loss under Section 74 of the Indian Contract Act.
Fees, Escrow, and Payments
7.1. Platform Fees: Sthavr charges fees and commissions for its facilitation services. The specific fee structure will be clearly communicated and agreed upon prior to the execution of a transaction. All platform fees are non-refundable unless expressly stated otherwise.
7.2. Escrow Tech Disclaimer: Sthavr facilitates the routing of Earnest Money Deposits (EMD) and transaction milestones through authorized, RBI-regulated third-party nodal escrow banking partners. Sthavr holds no liability for frozen funds, payment gateway crashes, banking network delays, or regulatory actions taken by banking partners against a User's funds.
7.3. Payment Obligations: You agree to pay all accrued fees and commissions in a timely manner. Users expressly agree not to circumvent the Platform to avoid these financial obligations.
Service Providers & Third Parties
8.1. Independent Contractors: Sthavr may feature or refer Users to Service Providers (e.g., legal counsel, architects, valuation experts) to aid in due diligence and transaction structuring.
8.2. Principal-to-Principal Basis: Any referral to a Service Provider is made on a principal-to-principal basis. These professionals operate as independent entities. Sthavr explicitly disclaims any liability for professional negligence, delays, structural flaws, or errors in title search reports provided by independent third parties. Any engagement with a Service Provider is a direct contract between you and that provider.
Confidentiality and NDAs
9.1. Execution of NDAs: To access sensitive property metrics and ownership data, Users may be required to execute digital Non-Disclosure Agreements (NDAs).
9.2. Sthavr Not a Party: While Sthavr provides the digital NDA template and execution infrastructure, Sthavr is not a party to the NDA. The NDA is a binding contract strictly between the Buyer and the Seller (or Realtor). If a User breaches confidentiality or leaks documents, the aggrieved party must initiate legal action directly against the breaching User. Sthavr’s sole responsibility is to cooperate with lawful investigations and ban the offending User.
Intellectual Property Rights
10.1. User Content: Users retain ownership of the property data and Content they submit. By submitting Content, you grant Sthavr a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such Content specifically for the purpose of providing and promoting our services.
10.2. Sthavr IP: The Platform, its proprietary software, workflows, UI/UX, logos, and features are exclusively owned by Sthavr and are protected by Indian and international copyright, trademark, and trade secret laws.
Disclaimers and Limitation of Liability
11.1. "As Is" Basis: The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Sthavr explicitly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
11.2. No Guarantee of Outcomes: Sthavr does not guarantee the commercial outcome of any real estate transaction, nor do we warrant that the Platform will be error-free or completely uninterrupted.
11.3. Absolute Liability Cap: To the maximum extent permitted by applicable law, Sthavr, its directors, employees, and agents shall not be liable for any indirect, incidental, special, punitive, or consequential damages (including loss of profits, data, or property value). In no event shall Sthavr's total aggregate liability for any and all claims arising out of your use of the Platform exceed the total fees paid by you to Sthavr in the three (3) months immediately preceding the claim, or INR 10,000 (Ten Thousand Rupees), whichever is lower.
Indemnification
You agree to fully indemnify, defend, and hold harmless Sthavr, its affiliates, directors, and employees from any losses, damages, liabilities, and legal expenses (including all reasonable attorneys' fees) arising from:
Your violation of these Terms;Your breach of any representation, warranty, or title guarantee;Any fraudulent, illegal, or negligent activity conducted through your account.
Suspension and Termination
13.1. By Sthavr: We may terminate or suspend your account immediately, without prior notice, at our sole discretion, for any breach of these Terms, particularly violations of the non-circumvention clause or submission of fraudulent KYC/Title documents.
13.2. Survival: All provisions of these Terms which by their nature should survive termination (including IP ownership, fee obligations, disclaimers, indemnity, and limitations of liability) shall remain in full force.
Dispute Resolution
14.1. Governing Law: These Terms shall be governed by and construed strictly in accordance with the laws of India.
14.2. Mandatory Mediation: Before initiating any formal legal proceedings, the disputing parties agree to attempt to resolve the dispute amicably through good-faith mutual consultation and mediation for a mandatory period of thirty (30) days from the date of a written notice of dispute.
14.3. Arbitration: If the dispute remains unresolved after the mediation period, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of a sole arbitrator appointed mutually by the parties.
14.4. Venue & Jurisdiction: The seat and venue of arbitration shall be Pune, Maharashtra, India. The language of arbitration shall be English. Subject to the arbitration clause, the courts in Pune, Maharashtra, shall have exclusive jurisdiction over any equitable relief or appeals.
Miscellaneous
15.1. Severability: If any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, it shall be modified to reflect the original intent to the greatest extent possible, and the remaining provisions shall continue in full force and effect.
15.2. Entire Agreement: These Terms, combined with our Privacy Policy, constitute the entire agreement between you and Sthavr regarding the use of the Platform, superseding any prior verbal or written agreements.
15.3. Amendments: We reserve the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date on this document. Your continued use of the Platform after such updates constitutes binding acceptance of the new Terms.
Contact Information
For any legal notices, questions, or support regarding these Terms, please contact us at:
Propscend Realty Pvt Ltd
Email: support@sthavr.com
