These terms and conditions ("Terms and Conditions") govern the exclusive arrangement between Referral Partner (as defined under Terms of Use) and Realty Leader (as defined under the Terms of Use) with respect to the Listing on the website www.merawazood.com or any subdomains thereof or any other websites through which its services are made available or mobile, tablet and other smart device applications, if any or application program interfaces etc. ("Digital Platform" or "Mera Wazood Platform") and Listing Engagement.
Referral Partner and Realty Leader shall hereinafter be collectively referred to as "Parties" and individually as "Party".
By clicking 'I Accept', 'I Agree', or any similar acceptance button on Mera Wazood Platform, each Party confirms that they have read, understood, and agreed to be bound by these Terms and Conditions. Such click-through acceptance shall constitute a valid, binding, and enforceable agreement between the Parties with the same legal effect as a handwritten signature under applicable law, including the Information Technology Act, 2000. These Terms and Conditions shall come into effect upon occurrence of Listing Engagement (as defined under Terms of Use) ("Effective Date").
REGISTRATION AND COMPLIANCE WITH TERMS OF USE AND PRIVACY POLICY
The Referral Partner and Realty Leader shall each be required to register on Mera Wazood Platform in the applicable capacity in accordance with the terms of use of Mera Wazood Platform available at https://www.merawazood.com/terms ("Terms of Use").
Further, the Parties hereby accept the said Terms of Use and Privacy Policy available at www.merawazood.com/privacy-policy ("Privacy Policy") and agree to, at all times, comply with all the provisions of said Terms of Use and Privacy Policy as applicable to the relevant Party.
REFERRAL SUBMISSION
At the request of Realty Leader, Referral Partner shall provide additional information, documents, photographs, location details, and other particulars relating to Listed Property in addition to such information provided under the Listing.
Referral Partner hereby represents and warrants to the Realty Leader that as on the Effective Date, the information submitted by Referral Partner in the Listing is true, accurate, complete, and not misleading, and Referral Partner shall promptly update the same if any material change occurs.
REFERRAL FEE
The Realty Leader hereby agrees to pay to the Referral Partner 50% (Fifty Percent) of the amount received by the Realty Leader on account of consummation of sale and purchase of Listed Property or such other amount as mutually agreed between Realty Leader and Referral Partner ("Referral Fee"). In this respect, the Realty Leader agrees to inform the Referral Partner of the true, correct and accurate details pertaining to consideration, paid or payable, for sale and purchase of Listed Property and amount received by Realty Leader for the same.
The Realty Leader shall pay the Referral Fee within a period of 15 (fifteen) days from the date of payment of the amount received by Realty Leader on account of consummation of sale and purchase of Listed Property or such other time period as mutually agreed between the Parties. The Referral Partner shall issue any invoice or tax document required by law before payment, and all taxes, withholding, and statutory deductions shall be borne or deducted as required under applicable law.
REALTY LEADER'S OBLIGATIONS
Realty Leader shall have the option (but not an obligation) to keep the Referral Partner apprised of the status of the referred transaction at each stage, including initial contact, property visit, offer, negotiation, final consideration, documentation, execution, and closing, through Mera Wazood Platform.
COMPLIANCE WITH APPLICABLE LAW
Each Party shall comply with all applicable laws, including real estate, consumer protection, tax, anti-spam, data protection, and licensing laws. Nothing in these Terms and Conditions authorizes any Party to engage in conduct that requires a license or registration unless such Party is duly licensed or registered and permitted to act.
CONFIDENTIALITY
All information under Listing, deal terms, token usage data, commission details, and platform communications shall be treated as confidential and used only for the referral transaction. This obligation survives termination or deactivation of the account.
TERM AND TERMINATION
These Terms and Conditions shall apply from the Effective Date and remain effective until terminated mutually by the Parties. Termination shall not affect any accrued rights and obligations under these Terms and Conditions including obligation to pay a Referral Fee in accordance with terms hereof and Terms of Use.
INDEMNITY
Each Party hereby indemnifies and agrees to defend and hold harmless the other Party, its employees, directors, officers, authorized representatives ("Indemnified Party") from and against any and all losses, claims, demands, penalties, liabilities, costs (including reasonable attorney fees), incurred by Indemnified Party arising from or on account of any claim, complaint, proceeding, allegation, demand, penalty or liability in connection with breach of these Terms and Conditions, Terms of Use, Privacy Policy and applicable law.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by laws of India.
All disputes, differences or disagreements arising out of, in connection with or in relation to this Agreement shall be first resolved through mutual discussions between the Parties within a period of 30 (thirty) days. In the event the Parties are unable to resolve the dispute through mutual discussions within the aforesaid timelines then such dispute shall be referred to and finally resolved by binding arbitration conducted in accordance with the Indian Arbitration & Conciliation Act, 1996, for the time being in force and rules made thereunder, which rules are deemed to be incorporated herein by reference in this Clause. The arbitration tribunal shall consist of a sole arbitrator to be mutually appointed by the Parties. In the event, the Parties fail to mutually agree upon the arbitrator, the arbitrator shall be appointed as per the Indian Arbitration & Conciliation Act, 1996. The venue and seat of arbitration shall be Delhi, India. The order of the sole arbitrator shall be final and binding upon the Parties. All arbitration proceedings shall be conducted in English language.
DEFINITIONS
All terms capitalized but not defined herein shall have the meaning ascribed to said terms under the Terms of Use and/or Privacy Policy, as applicable.
SEVERABILITY
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.
RELATIONSHIP BETWEEN THE PARTIES
Nothing in these Terms and Conditions or in any document referred to in it shall constitute any of the Parties as a partner, principal or agent of the other. Further, notwithstanding anything contained in this Agreement, neither of the Parties has any kind of binding commitment to enter into any kind of business relationship/transaction with each other pursuant to these Terms and Conditions or otherwise.
ENTIRE AGREEMENT
These Terms and Conditions, together with the Terms of Use and Privacy Policy, constitute the entire agreement between the Parties with respect to the subject matter hereof and supersede all prior negotiations, representations, or agreements.
COUNTERPARTS
This Terms and Conditions may be executed simultaneously in one or more counterparts each of which shall be deemed to be an original but all of which shall constitute the same instrument.
