These Terms of Use (“Terms”) govern Your access to, and use of the services provided through Guardia’s Website and mobile application (collectively, the “Platform”). These Terms are drafted in accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011. By accessing or using the Platform, You agree to these Terms. No physical or digital signature is required to validate these Terms.

GENERAL TERMS

GUARDIAN GLOBAL INDIA PRIVATE LIMITED is a company incorporated under the Companies Act, 2013, having its registered office at # 217/B & C, 6-3-650 2nd Floor, Maheshwari Chambers, Somajiguda, Hyderabad, Telangana, India, 500082 ("Guardia", "Company", "We", "Us" or "Our", which includes its subsidiaries, and affiliates). Guardia is a digital platform providing NRI real estate management and information services. Through Our Platform, We connect users with the real estate market and a network of Guardians (as defined below). The services provided through the Platform include, without limitation ("Services").

Rent Management: Guardia provides end-to-end rental support, including, Aadhaar-based digital agreements, legally binding and tamper-proof documentation and seamless monthly rent collection through a secure escrow account mechanism. By availing Guardia's Title Security Services, the REO authorizes Guardia to open a secure escrow account to manage a digital transactions for the property. For property rental management, all incoming rent payments are deposited directly into this escrow account, which is managed by an independent escrow bank.

Property Security Services: Guardia facilitates monitoring and upkeep of the property, through various mechanisms as listed at www.guardia.co.

Add-on Services: Guardia also provides value added services, including but not limited to payment of electricity bill, water bill, gas bill, municipality bill, telephone bill and insurance.

Buying and Selling of Properties: Guardia assists Users interested in securing or purchasing a property through its Platform. This includes facilitating property discovery and providing related transactional support. Guardia does not act as a broker, channel partner, or advisor for any User, nor does it guarantee the condition, title, suitability, legality, or completeness of any property-related information. All decisions regarding the purchase or sale of any property are made solely at the User's risk and responsibility.

Our website can be accessed at www.guardia.co.

ACCEPTANCE OF TERMS

The usage and access to Platform and Services are subject to these Terms, Our policies i.e. Privacy Policy or any other policy as may be defined (collectively referred to as "Policies"). These Terms apply to all individuals who access, browse or use Our Platform and Services, whether directly or indirectly, now or in the future ("User", "You", "Your" or "Yourself"). Certain provisions may specifically apply to particular categories of Users, as described below:

Property Owners (including Local Representatives): "Real Estate Owners" or "REOs" refers to individuals or entities who create accounts (free or paid) on Platform to use and avail Services. The term "REOs" includes property owners, i.e., landlords as well as their local representatives or nominees who have been duly authorised to manage or represent their property interests locally in India.

Guardians (company employees and contracted gig workers): "Guardians" refers to persons who have created accounts (free or paid) on the Platform to provide services to REOs, like the collection of rent and vigilance/monitoring services.

You must be of at least 18 years of age older or have the consent of a parent or guardian to access and avail the Platform and/or Services. We ensure Our compliance with and interpretation of all laws, regulations and requirements impacting Our business, and we expect the same degree of compliance with applicable laws from You.

You may not use or access the Platform if You are a competitor of Guardia, unless prior written consent from Guardia is obtained, which may be withheld at its discretion. Additionally, the Platform and Services may not be used for monitoring, benchmarking or competitive purposes.

By mere usage of the Platform, You shall be contracting with Us, and these Terms, as may be amended from time to time, and any conditions thereto, constitute a binding contractual relationship between You and Us. You agree that by clicking "Sign Up" or "I Agree", or by accessing or using Services, You are entering into a legally binding agreement with Us.

Guardia reserves the right, at its sole discretion, to modify or update the Terms and Policies from time to time. Further, Guardia may, from time to time, formulate new policies for availing all or any of the Platform and Services. The most current version of the Terms and Policies will supersede all previous versions. We shall inform You of the updated Terms and Policies either through a notification on Our Platform, or via the email ID provided by You at the time of registration. You understand that Your use of Services after any changes to the Terms and Policies or addition of new policies constitutes and will be deemed as Your acceptance to be bound by the most recent version of such Terms and Policies. If the Terms and Policies are not acceptable to You, You can always choose to unregister, delete, or terminate Your account by writing to Us at [email protected].

GENERAL REGISTRATION REQUIREMENTS

To access or use the Services provided by Guardia, You are required to complete a registration process and provide accurate and complete information as requested. The following outlines the general requirements of registration:

Personal Information: You must provide Us with essential personal details during the account setup. This typically includes Your name, contact details, details of the property i.e property address or google map location, Your company name (if applicable) etc.

If You are opting for a paid subscription are required to furnish additional financial information to facilitate transactions and billing. This includes without limitation, bank account details, credit card information, UPI ID and billing addresses.

You may be required to provide location-specific information, such as ZIP code, street address, city, precise geolocation coordinates (latitude and longitude), either during registration or through Your account settings. You may be required to upload clear and recent photographs of the property, premises, or any relevant area, as may be necessary for verification, service facilitation or safety assessment purposes.

Guardia may conduct verification procedures to ensure the authenticity of information provided by You. This may involve:

Phone calls or messages from a Guardia representative, which may be recorded for quality analysis and assurance;

Request for requisite KYC or identity documents, such as PAN Cards or Aadhar Cards, rental agreements, or other supporting documentation; and

Users authorize Guardia to download their Aadhaar from the UIDAI website for KYC verification during Aadhaar-based checks.

Verification of geolocation coordinates (latitude and longitude) and photographic information provided during registration or subsequently, to confirm the accuracy of the property or service location details.

As part of Your registration process on Platform and thereafter for the use of any Services, You will be required to provide Us with information (including sensitive and personal information relating to You and the Identity Data (as defined below)) ("Information"), for Us to inter alia, enable and provide the Services to You and to comply with applicable laws, including all applicable anti-money laundering laws and know-Your customer guidelines. In this regard, You consent and agree to provide Guardia with the Information as Guardia may require or request from time to time. You further consent that Guardia may use, handle, store, transfer or process such Information in accordance with its Privacy Policy and applicable law.

As part of the Information, You will be required to provide Us with requisite KYC documents at the time of registration with Us (collectively, the "Identity Data").

You agree that Your Identity Data will be a colour reproduction of the original identification document and shall be legible and in compliance with the form and manner prescribed by Us.

You represent and warrant to Us at all times that, any Information, including Identity Data provided by You to Us is true, complete, accurate, and not misleading in any respect. In the event of any change in the Information or if You believe that there is any error in the Information provided by You, in part or whole, You agree to promptly notify Us of such change or errors immediately and provide Us with the updated Information and/or Identity Data immediately.

You acknowledge and agree that the use of the Platform shall not be for impersonating another person, misrepresenting identity, falsifying information, or engaging in any activities that violate applicable laws.

You understand and agree that Guardia has the right to refuse to accept Your registration with Us and opening of Your account or to suspend or terminate account, at any time, without further notice, if (a) You fail to provide any Information or Identity Data requested to be provided to Guardia, (b) Your Identity Data or any other Information is found or believed to be or likely to be incorrect or inaccurate or incomplete or doubtful or not authentic or not in accordance with the prescribed format, or (c) if Guardia determines that there has been a security breach of account. You agree that Guardia shall not have any liability towards You as a result of such refusal or suspension, or termination of Your account.

REAL ESTATE REGULATORY AUTHORITY

For the purposes of this Terms and Services related thereto, it shall be deemed that You are aware about the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India. Guardia recommends that You shall periodically visit the concerned RERA website for updates and information in relation to any property listed on the Website, prior to finalizing any deal or transaction.

Guardia does not endorse or advertise any Property listed on the Website and it shall not be held liable for listing any property on its Website where such property is in violation of the rules made under RERA of the concerned state. Further, it shall not be deemed by the Users that Guardia has any connection or relation with the parties listing their properties on the Website.

SECURITY AND PRIVACY

You confirm and agree that You are solely responsible for all activities that are conducted through or on Your account. You further acknowledge that Guardia does not have any obligation to independently confirm, investigate or verify whether the activities being undertaken on or through account are authorized by You, including in relation to the instructions received by Us through Your account or those related to security personnel services and the acceptance of their guidelines. You agree to immediately notify Guardia of any unauthorized use, suspicious activity, or security breaches related to Your account. Guardia reserves the right, at its sole discretion, to suspend, restrict, or terminate access to Your account in case of suspected unauthorized activity, fraudulent use, or security breaches, without prior notice. Guardia may monitor account activity to ensure security, prevent fraud, and comply with applicable laws.

As a measure to protect the privacy and information relating to account, You will be required to create a password or use a One- Time Password (OTP) for Your account. Unless You enter the correct password upon logging in to Your account each time, You will not be able to access Your account or the Services. You confirm and agree that it is Your responsibility to keep Your password secure and confidential.

You are responsible for keeping Your financial details strictly confidential and for promptly reporting any suspicious or fraudulent transactions to Guardia. You agree to follow Guardia's internal reporting and dispute resolution procedures in case of any such transactions. Guardia will use commercially reasonable efforts to prevent or stop fraudulent activity; however, You acknowledge that Guardia shall not be liable for any losses, refunds, or claims once funds have been credited to the designated bank account provided by You. You agree to indemnify and hold harmless Guardia, its affiliates, officers, and employees from any losses, claims, or liabilities arising from Your failure to safeguard financial information or report suspicious activity in a timely manner.

In connection with the rental and maintenance services provided through the Platform, You expressly consent and authorize Guardia and its representatives to: (i) display, install, or affix Guardia's branding, signage, label, sticker, plate, or any other indicative mark ("Guardia Label") on or at the physical property, in mutually agreed visible areas, for identification and service management purposes; and (ii) contact the tenant/lessee occupying the property to coordinate rental and maintenance matters and share relevant promotional or marketing information relating to the Services, which may include promotional materials, offers, and freebies from time to time. You agree to provide necessary cooperation to enable such installation and communication. For clarity, the Guardia Label shall not be removed, altered, damaged, or tampered with without Guardia's prior written consent. Removal or tampering may result in suspension of Services.

Where You subscribe to Our camera and video monitoring services, You acknowledge and agree that: (a) Guardia may require access to the installation site and related systems solely for the purposes of installation, maintenance, troubleshooting, and issue resolution; (b) certain equipment, devices or platforms used to provide such services may be sourced from or operated by third-party service provider or technology partners; and (c) You consent to Guardia's engagement of such third parties for delivering and supporting the camera and video monitoring services. For avoidance of doubt, You remain responsible for ensuring that the installation premises and related data access rights are lawfully made available to Guardia.

Guardia shall collect, store, process, and transfer Your personal, financial, and identity information in accordance with its Privacy Policy and applicable laws, including anti-money laundering and KYC regulations. By using Our Services, You consent to the collection, processing, and storage of Your information for the purpose of providing Services, performing verification and KYC checks, monitoring, and complying with applicable laws. You represent and warrant that all information, including Identity Data, provided by You is accurate, complete, and not misleading, and You agree to promptly update Guardia in case of any changes.

PRICING, PAYMENT, AND REFUNDS

Pricing and Fees:

Certain Services offered on the Platform may be subject to fees, service charges, or other payments ("Charges"). Any applicable Charges for paid accounts, subscriptions, or specific transactions will be disclosed to You at the time of purchase or transaction. All Charges are due in advance and are non-refundable, except as specified herein and where required by applicable laws.

All Charges due shall be made in full, without deduction for any reason, including but not limited to set-off, counterclaim or other equitable or lawful claim

You agree to pay all applicable Charges for the Services You select. We reserve the right to change Our pricing and fees at any time, and such changes will be posted on the Platform.

Payment Authorization and Processing

Certain Services, specifically Add-on Services, may require the User to pay bills to a third-party service provider. By initiating such a transaction on the Platform, You authorize Guardia to hold, receive, and disburse funds in accordance with Your payment instructions. Your authorization permits Us to charge the specified amount to Your chosen payment instrument, which may include a bank account, credit card, debit card, or payment wallet, for remittance to the designated beneficiary's bank account. You confirm that all payment instructions are accurate and that the transaction amount corresponds to the actual service value as agreed between You and the beneficiary.

We may use the services of one or more third parties to provide the payment services and process Your transactions. Guardia is not a financial institution and does not offer banking services.

By using the Platform for payment of such amounts, You confirm that a valid relationship exists between You and the beneficiary and that the amount being transferred represents the actual value as per Your agreement with such service provider. You are responsible for complying with all relevant regulations concerning such payments.

Escrow Account:

The monthly rental management for the Services shall be processed through an escrow account mechanism ("Escrow Account") administered by a third-party scheduled commercial bank ("Escrow Bank"). For the purpose of availing such Services, You expressly authorize and agree that Guardia has the right to appoint an Escrow Bank to act as a custodian for the funds You or lessee or a third-party transferor may transfer to the Escrow Account ("Deposited Amounts"). Guardia may, at its discretion, enter into a tripartite agreement with the Escrow Bank and an independent trustee to manage this setup. Guardia reserves the right, at its sole discretion, to replace or appoint additional Escrow Banks from time to time. It is hereby clarified that, as part of the payment process, the tenant/lessee may be shown or provided with the details of the designated Escrow Account for remitting rental payments, and such account may be in the name of NCOME Solution Ptd Ltd, or any other entity authorized by Guardia to operate the Escrow Account. You expressly consent to such disclosure of the Escrow Account details to the tenant/lessee solely for the purposes of facilitating rent deposit into the Escrow Account.

The Escrow Bank shall hold the Deposited Amounts in trust and will disburse such funds to the designated beneficiary's account only upon receiving instructions from Guardia, which are based on Your payment instructions initiated on the Platform.

Guardia's role is limited to facilitating the transaction by providing instructions to the Escrow Bank. Guardia is not a trustee and does not have any fiduciary responsibilities with respect to the Deposited Amounts. You agree that Guardia shall not be liable for any loss, claim, or damage arising from the actions, omissions, insolvency, or negligence of the Escrow Bank.

In the event of any dispute, chargeback, or refund claim, the Deposited Amounts shall be dealt with in accordance with the applicable terms of the tripartite agreement between Guardia, the Escrow Bank, and the independent trustee.

Guardia shall not be responsible for any delay in processing or release of the Deposited Amounts by the Escrow Bank due to banking procedures, regulatory requirements, or system errors beyond its reasonable control.

You acknowledge and agree that all obligations relating to tax deduction at source (TDS), income tax, goods and services (GST), and any other direct or indirect tax or statutory levy arising from the rental transaction shall be the sole responsibility of the applicable tenant/lessee and/or Property Owner/lessor, as per applicable law. Guardia's role is limited to facilitating rental payments through Escrow Account and Guardia shall not, under any circumstances, be responsible or liable for deduction, deposit, filing, reporting or compliance in relation to TDS, income tax, GST, or any other tax or regulatory requirement applicable to You or the tenant/lessee.

For the avoidance of doubt, Guardia operates on the assumption that the rental income of the property owner falls below the then-applicable statutory threshold for mandatory tax deduction at source, currently INR 12,00,000/- (Indian Rupees Twelve Lakhs Only) per financial year or such other amount as may be prescribed under applicable law). In the event that the rental income crosses such threshold, or if any tax compliance is otherwise applicable, it shall be the exclusive duty of the tenant/lessee and/or the Property Owner to ensure full compliance with all tax and regulatory obligations.

If You require any legal, tax, accounting, or compliance support in this regard, Guardia may, at its discretion, facilitate access to third-party professional services, and any such services shall be availed by You on a paid basis, subject to separate charges and terms as may be specified by Guardia.

Transaction Terms

You are solely responsible for entering and maintaining the correct bank account details of the beneficiary for all transactions. Guardia shall not be held responsible for any wrongful credit resulting from incorrect bank details provided by You.

You are responsible for any fraudulent transactions that occur through Your account due to Your negligence or failure to keep Your financial details confidential. Guardia shall not be held responsible for such transactions, and no refund will be issued once the money has been successfully credited to the beneficiary's designated bank account. You must immediately notify Us of any suspicious or fraudulent activity You observe.

We reserve the right to delay, suspend, or reject any payment transaction for any reason, including, without limitation, if We suspect the transaction subjects Us to financial or security risk, is unauthorized, fraudulent, suspicious, unlawful, in violation of this Agreement, or is otherwise unusual.

Save and except mentioned above, all payments to Guardia are facilitated through a third-party payment gateway. Guardia acts only as a platform to facilitate these payments and is not involved in the underlying transaction between the User and the beneficiary. The User is responsible for complying with all relevant regulations and is liable for any non-compliance or defaults.

Guardia is not a financial institution and does not offer banking or related financial services. We may use third-party services to process transactions.

You acknowledge and agree that agreements, documents, and other communications facilitated through the Platform may be executed using electronic means, including Aadhaar-based digital agreements, e-stamps, and digital signatures. By using the Platform and Services, You consent to the validity and enforceability of such electronically executed documents and agree that no physical signature is required to validate these Terms or any other agreement entered into via the Platform

Refunds and Chargebacks

If Guardia is unable to transfer an amount to the beneficiary's designated bank account due to a technical issue on Our end, we will refund the amount to the same account from which the remittance was initiated. If a transaction is not processed due to incomplete details provided by You, we will refund the amount after deducting any applicable service charges, transaction fees, and penalty amounts. Under no circumstances shall Guardia be liable to repay or refund any amount to the User once it has been successfully credited to the beneficiary's designated bank account.

A transaction may be charged back or reversed ("Chargeback") if it is disputed by the remitter, reversed for any reason, unauthorized, or is allegedly unlawful, suspicious, or in violation of this Agreement. In the event of a Chargeback, the beneficiary of the funds agrees to immediately pay Us the full amount of the Chargeback, along with any associated fees, fines, or penalties assessed by Our payment partners or financial institutions. The User and/or beneficiary agree to assist Us, at their own expense, in investigating any disputed transactions. For Chargebacks associated with cards, We will assist the beneficiary in contesting the Chargeback if they choose to do so. Failure to provide necessary documentation or assistance within three (3) business days of Our request may result in an irreversible Chargeback. All Chargebacks are the sole responsibility of the beneficiary, and Guardia shall not be liable in any manner for them.

REPRESENTATION AND WARRANTIES

The User acknowledges that:

We do not guarantee the sequence, accuracy, completeness, or timeliness of the information contained on the Platform provided through Our Service;

The provision of certain parts of the Platform and Services is subject to the terms and conditions of other agreements to which Guardia is a party;

None of the information contained on the Platform and/or provided through Our Service constitutes a solicitation, offer, opinion, or recommendation by Us to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment;

The information provided on the Platform and/or provided through Our Services is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Guardia, its suppliers, channel partners, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to the User or any other person for any: (i) inaccuracies or errors in or omissions on the Platform and/or the Services including, but not limited to, quotes and financial data; (ii) delays, errors, or interruptions in the transmission or delivery of Our Services provided through the Platform; or (iii) loss or damage arising there from or occasioned thereby, or by any reason of non-performance and;

When You create an Account, You must provide information that is accurate, complete, and current at all times. Further, You shall be obligated to share only such information which it is lawfully authorized to disclose. In the event that You provide any information which (a) is inaccurate, incomplete, or not updated; and/or (b) is not authorized to disclose, it shall constitute a breach of these Terms.

By registering and/or listing any properties on Our Platform, each REOs and Guardians represents and warrants that:

The REOs have all rights to register the said properties on the Platform, and by doing so, the REOs are not violating or infringing upon the rights (including the intellectual property rights) of any other person and any applicable laws;

REOs and Guardians are complying with all the regulatory requirements including the provisions of Real Estate (Regulation and Development) Act 2016 in regard to the services / products they are offering via this Platform and the listings / advertisements they are posting on this Platform;

All the details of the properties registered on the Platform, shared by the REOs, are current, up-to-date and accurate, including the location, property specifications, condition and price; and

By listing the properties on the Platform, the REOs are granting all such rights to Guardia to authorize Guardia to use and/or share such listing details in any manner, including on any other websites, platforms etc. of Guardia or any associate or third party.

As a User of the Platform, You agree not to:

Impede and impair the operations and functionality of the Platform in any manner.
Copy and distribute the Platform Content and information provided on the Platform on other servers without due authorization from Us.
Use the Platform and the Services provided thereof for any illegal purpose or in any manner inconsistent with these Terms.
Use any technology or any automated system for the purpose of dissemination of any usernames, passwords, email addresses or any other data/information from Us or the Platform.
Send any information on behalf of Us to any third-party including other Users. It is solely Our responsibility to solicit any information and to send through emails, SMS, multimedia content, advertisements and/or promotional activities to send any data/information to Our Users.
Pass on any data/information which contains Information about other Users to any third parties or serves without prior consent from Us or such Users.
Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account data/information such as User Credentials.
Make any unauthorized use of the Platform, including collecting credentials of Users by electronic or other means for the purpose of sending unsolicited email, or creating Accounts by automated means or under false pretences.
To create or attempt to create a duplicate account.
License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform and the Services provided thereof available to any third-party.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and the Content contained therein.
Disparage, tarnish, or otherwise harm, in Our opinion, the Platform or Us or Our Users.
Use the Platform in a manner inconsistent with any applicable laws or regulations.
Use the Platform to store or process any content that infringes upon any Person's intellectual property rights or is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; or 'crawl,' 'scrape,' or 'spider' any page, data, or portion of or relating to the Platform (through use of manual or automated means).
Engage in unauthorized framing of or linking to the Platform.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
Access any data/information that is not meant to be accessed or used by the User.
Delete the copyright or other proprietary rights notice from any Platform Content.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way jeopardizes any part of the Platform.
Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
Post review or feedback that constitutes defamation or harassment of any kind of Us or Our Users or uses unparliamentary language therein.
Misuse of Our brand image or spread untrue information about Our Platform.

DISCLAIMERS RELATED TO COMPLETENESS AND AUTHENTICITY OF THE CONTENT / LISTINGS

You acknowledge and agree that it is solely Your responsibility to verify the authenticity of any property, project, or listing, including but not limited to title, ownership, built-up area, suitability for renting, and compliance with applicable laws, in a form and manner deemed appropriate at Your cost.

Guardia acts solely as a service aggregator and platform provider. We do not validate or guarantee the authenticity, accuracy, or completeness of any content or listings uploaded by Users or third-party sources. While we employ reasonable efforts to filter and verify information, Users are responsible for conducting independent due diligence prior to entering into any transaction.

You should consider, among other checks:

Conduct a comprehensive check of ownership to verify owners' / landlords' credentials;
Visit the project site/property personally, to ensure that the landlord's claim is genuine, and that the property is not an 'imaginary' one;
Beware of false title documents. Loans may have been secured against properties that may be disputed or have remained vacant for long;
We strongly recommend that proper due diligence on the property is conducted prior to entering into a transaction related to a real estate;
It should be independently ensured by the User whether the seller is complying with the provisions of Real Estate (Regulation and Development) Act 2016 and its applicability to the relevant property or project.

There is also a lot of information displayed on the platform which is neither an advertisement / listing as provided by REOs and is collated by Our research team from the publicly available information and is meant to be a tool for the Users' own research and awareness about real estate market. While reasonable efforts are being made to ensure the completeness of such information being displayed here and the same being updated on regular intervals by Our research team, there is a possibility that the information displayed is not current and complete. This information shall in no way be considered as an advertisement or offer to sale from any REOs or Guardia. Guardia shall neither be responsible nor liable for any inaccuracy in the information provided here and therefore the Users are requested to independently validate the information from the respective developers before making their decision for purchase of properties. Guardia, its directors, employees, channel partners and other representatives shall not be liable for any action taken, cost / expenses / losses incurred, by You, based on the information given on the portal.

GENERAL DISCLAIMERS

Guardia assumes no responsibility for any damages or viruses that may infect Your computer equipment or other property on account of Your access to, use of, or browsing in this site.

Guardia has exerted reasonable efforts to ensure that all information published on the Platform/Website is accurate at the time of posting; however, there may be errors in such information for which We shall have no liability. We reserve the right to remove or alter any of the information contained on the Platform/Website at our sole discretion.

We may let You view our information and communicate with Us through the social media services such as Facebook, Instagram, X, Whatsapp and/or through Our partner email. Guardia explicitly disclaims any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with Us.

Guardia accepts no responsibility for any loss or damage suffered due to Your reliance on the Service reviews posted by Guardia Users.

All commercial or contractual terms, including but not limited to pricing, payment terms, duration of tenancy/lease, and any other conditions of engagement, are exclusively negotiated and agreed upon between REOs and tenants. Guardia has no role in determining, participating in, or influencing such terms. Guardia operates solely as a service platform and does not act as an channel partner, mediator, or representative for either party in any commercial or contractual discussions or agreements.

The Platform is integrated with third-party websites and applications that are neither owned nor controlled by Guardia. These include third-party service providers such as payment gateways (e.g., Razorpay), and communication tools (e.g., WhatsApp, Telegram, Gmail), among others. Guardia has no control over the content, functionality, or operations of such third-party websites or applications and disclaims all responsibility for any text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, or any other materials You may access, encounter, or contribute to through these services.

Guardia shall not be held liable for any non-performance, breach, or deficiencies in services provided by third party service providers that are accessed or engaged through the Platform or Website. Any grievances, disputes, or issues arising from the services rendered by third-party service providers must be addressed directly with the concerned service provider. Guardia provides access to such service providers solely for convenience and does not guarantee their performance, reliability, or suitability for any specific purpose. By engaging such services, You expressly release Guardia from any liability arising from the actions, omissions, or failures of third-party service providers.

Guardia reserves the right to modify or withdraw any part of the Platform or any of its content at any time without notice.

Guardia disclaims any responsibility or liability for delays in notifications, communications, or updates on the Platform caused by internet disruptions, connectivity issues, technical failures, or any other factors beyond Guardia's control. While Guardia strives to ensure the timely delivery of notifications and communications, Guardia does not guarantee any specific timeframe or speed for such delivery under any circumstances.

Guardia expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and any warranties arising from a course of dealing, usage, or trade practice. Guardia makes no representation or warranty that the Platform or Services will be uninterrupted, error-free, secure, timely, accurate, or free from harmful components, or that any errors or defects will be corrected.

INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in and to (a) Services (including without limitation, software, algorithm, and/or any other data relating to the Platform and/or Services, subject to clause 9); and/or (b) all of Guardia's patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights in or related to the Platforms or the Service(s) or any derivatives thereto, and/or any part of the of the Platform and Services (collectively, "Intellectual Property Rights") shall belong to and remain exclusively with Guardia. Guardia is the owner or the licensee of all Intellectual Property Rights on the Platform and the Services, including without limitation, in relation to publications and any content or material published or made available on the Platforms.

Our Intellectual Property Rights are protected by the laws of India. The content and other elements constituting the Services are copyrighted works. You agree to abide by all applicable copyright and other laws, and other additional copyright notices or restrictions contained in the Services, at all times. You agree and acknowledge that substantial time, effort, money, resources and energy has been spent by Guardia and its consultants in developing and making the Services available to You. You agree to protect the Intellectual Property Rights of Guardia in relation to the Services, during and after the term of Your membership with Us. You also agree to co-operate and comply with all reasonable written requests made by Guardia and its third-party service providers and licensors to protect their and others' contractual, statutory, and common law rights in the intellectual property rights owned by Guardia.

If You become aware of any unauthorized access or use of the Platforms or Services by any person or entity or of any claim that the Platforms or Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights, You will inform Us immediately. All present and future rights in and title to the Platforms and Services (including the right to exploit the Services, or any part thereof) are reserved to Guardia for its exclusive use. The use and/or reproduction of Our intellectual property rights without Our prior written permission is prohibited. Any and all goodwill generated from the use of Our Intellectual Property Rights will inure to Our sole benefit.

By accessing, browsing, or viewing content on Guardia, You acknowledge and agree that:

All content on the Platform, including listings, images, descriptions, or other materials ("Content"), is independently provided by Users such as property sellers, brokers, or other individuals. Guardia acts solely as a platform for Users to display their Content.

Guardia has no control over the Content and assumes no responsibility or liability for its accuracy, completeness, legality, or reliability. Any reliance on such Content is at Your sole risk.

The Content may be inaccurate, misleading, offensive, inappropriate, or otherwise objectionable. Guardia does not endorse or guarantee any Content.

If You encounter Content that You believe violates the law or is inappropriate, You may report it to [email protected]. Guardia will use reasonable efforts to review and take appropriate action within 48 (forty eight) hours of receipt.

By submitting, uploading, or posting Content to Guardia, You represent and agree that:

The Content does not violate any applicable law, regulation, or the intellectual property rights of any third party.

The Content does not contain objectionable material such as nudity, violence, harassment, hate speech, terrorism, false information, sexual content, child abuse, promotion of intoxicants, self-harm, or any other unlawful or offensive content.

You assume full legal responsibility for the Content You provide. Guardia has no control over the Content and assumes no responsibility or liability for it.

Guardia may, at its sole discretion, refuse to host, display, or remove any Content that it reasonably believes violates applicable laws, infringes intellectual property rights, impersonates another person, is harmful, or is otherwise objectionable. You agree to such removal without objection.

By providing Content to Guardia, You grant the Company a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works from, display, and perform the Content in connection with the operation of the Platform and promotion of the Services.

All listings, User details, leads, and related data submitted to Guardia are treated as the property of the Company. The Company, its partners, affiliates, or associates may use such data for business purposes, including promotional and marketing communications.

By posting Content, You consent to receiving promotional messages, emails, SMS, or calls from Guardia or its partners/affiliates regarding their products or services.

For more details on the handling of Content, privacy, or related policies, Users may contact Guardia at [email protected].

TERMINATION

Suspension / cancellation for cause: Guardia reserves its right to immediately suspend or cancel Your access to any or all of the Guardia Services, or the Platforms and/or deactivate or cancel Your account, if:

Guardia is required to do so pursuant to a court order, or order from a regulatory authority, or otherwise required by law,

We suspect that Your account is being misused or if We suspect that Your account being used in furtherance of an illegal activity (with or without actual knowledge of the same),

You are in breach of these Terms (and have failed to remedy a breach of the Terms as requested by Us),

Your account remains dormant for a period of 365 (three hundred sixty five) days from the date of creation of the relevant account, after informing You of such closure on Your email id.

Consequences of Termination: (i) You will lose the access of their account; (ii) Rewards and credits will be forfeited; (iii) Any other pending order and refunds may be cancelled; (iv) In the event of a breach of these Terms of Use, Guardia reserves the right to suspend or terminate Your access to the Platform; (v) You will lose customer support and assistance; (vi) the Users will lose subscription and membership benefits once the contractual relationship and the account created under these Terms is terminated; (vii) The Users will have to suffer legal consequences if there are any violation in the Policies; (viii) automatic removal of saved information, except for such information which shall be retained as per the requirements of applicable laws; (ix) if any payment is owed to Guardia at the time of termination, You will be liable to make the payment; and (x) the Escrow Account shall be closed as per the terms agreed with the Escrow Bank.

LIMITATION OF LIABILITY

All the Services, included on or otherwise made available to You through the Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise in writing. Without prejudice to the foregoing, Guardia does not warrant that the Platform will be constantly available, or available at all or the information on the Platform is complete, true, accurate or non- misleading.

In no case shall Guardia, our directors, officers, employees, affiliates, channel partners, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of any of the Service, or for any claim related in any way to Your use of the Service, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, even if advised of their possibility.

Notwithstanding anything to the contrary contained herein, in no event shall the total aggregate liability of Guardia for any and all losses, claims, or damages arising out of or in connection with these Terms, whether in contract, tort, or otherwise shall not exceed the total membership fees paid by You during the preceding 1 month. Guardia shall have no liability if You are on free membership plan.

PRIVACY POLICY

Your usage of the Platform is subject to the Privacy Policy, which outlines how Your Personal Information will be collected, used, and protected. In order to access the Platform and the Services thereto, You acknowledge and consent to the collection, use, and processing of Your Personal Information in accordance with the terms set forth in Guardia's Privacy Policy.

INDEMNITY

You hereby, agree to indemnify and hold harmless Guardia from and against any and all claims, charges, demands, losses, expenses and liabilities of whatever nature and however arising (including but not limited to any legal or other professional fees and the cost of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Guardia directly or indirectly by reason including but not limited to the following:

Your use/misuse of or access to the Platform.

Your violation of these Terms

Any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Platform using Your account.

From any transaction You conduct as a result of the contact facilitated by the Platform.

From Your contents posted on the Platform.

From Identity Data;

From Your infringement of any Intellectual Property Rights in any posting to or transmission via the Platform.

JURISDICTION AND GOVERNING LAW

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Hyderabad, Telangana, India.

FORCE MAJEURE

Guardia shall not be liable for any delay or failure to perform any obligations under these Terms due to a Force Majeure event. "Force Majeure" means and includes without limitation, acts of God, natural disasters, war, terrorism, civil unrest, labor or civil strikes, governmental actions, pandemics, or any other event beyond the reasonable control of Guardia.

In the event of Force Majeure, Guardia's performance will be suspended for the duration of the event, and the time for performance shall be extended accordingly. Guardia shall not be liable for any damages arising from the delay or failure to perform caused by a Force Majeure event, except for any accrued obligations prior to the event. However, nothing in this clause shall relieve You from Your obligation to make payments for the use of Services rendered.

DISPUTE RESOLUTION

Any claim or controversy that arises out of or relates to this Terms of Use, or the breach of it, the same shall be referred to a person nominated by Guardia whose decision shall be final and binding upon You. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Hyderabad, Telangana and the process shall be in English Language.

Notwithstanding anything to the contrary contained herein, You acknowledge that any actual breach or threatened breach of any provision of these Terms shall cause irreparable harm to Guardia, for which monetary damages may be an insufficient and inadequate remedy. Accordingly, in the event of such breach or threat thereof, Guardia shall be entitled, in addition to other remedies available in law or in equity, to seek injunctive relief or other appropriate equitable remedies to prevent or restrain such breach at the earliest possible time.

SEVERABILITY

In the event that any provision of these Terms is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of these Terms will remain in full force and effect.

WAIVER

Guardia's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing.

GRIEVANCE

In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011, We provide a fair and efficient complaint resolution process. If You have any concerns or grievances regarding our products or services, please write Us at [email protected] along with Your order number, a description of the issue (with photos if applicable), and Your contact details to help Us process Your complaint swiftly If You are unsatisfied with the initial resolution, You may escalate the matter to our Grievance Officer. The details of the Grievance Officer are as follows:

Attn: Grievance Officer: Yogendra Kumar Lingam

Email: [email protected]