Terms of Use

These Terms of Use ("Terms of Use" or “Terms of Services” or “Terms & Conditions” or “T&C”) shall serve as an agreement that sets forth the terms and conditions governing the use and participation of the Parties or you or a user in the transaction management and digital escrow facilitation services provided on and through EscrowBharat.com (the "Services") through Escrow Bharat Private Limited (“EBPL” or “Transaction Agent” or “EscrowBharat.com” or “EscrowBharat”), an Indian Company, registered and incorporated under the provisions of the Companies Act, 2013 having its corporate office located at 301, Third Floor, Tower 4, DLF Corporate Green, Sector 74A, Southern Peripheral Road, Gurugram, Haryana 122004. We urge our users to read these terms of use carefully and periodically as it is a legally binding agreement. This T&C applies to all person(s) or company or entity or group of people which becomes a party or User to this Terms of Use by doing the following:

  • Register with EscrowBharat.com or Site or any of its subsidiaries

  • Access Escrowbharat.com or any of its subdomains, its app, directories, webpages, files, servers, images, services and any other features or offers

  • Contact escrowbharat.com or any of its employees or its representative through any means of communication be it via mail/ SMS/ telephonic conversation/ whatsapp/ social media platform/ IVR/ Skype/ Customer Support Number or through any other medium

  • Use the Site for Services or accessing blogs or for any other purpose or any other services provided by EscrowBharat.com

 

Please note EscrowBharat.com is a Digital Escrow Service Facilitator and it is not a licensed bank or NBFC or a financial advisor or financial institution.

You agree that any of the services provided by the Site should not be replaced with a licensed broker or a qualified professional or expert’s advice. Please consult a professional or licensed broker or any other expert before making the final decision that may affect your property or money deposit. We also urge you to never disregard your broker’s or expert’s advice after reading something on our website in relation to the real estate market. You should always consult a broker or agent or specialist before buying or selling any property to avoid cumbersome situations or cheats or frauds.

By selecting to utilize the Services of the Site or by accessing the Site for any purpose or in any manner, you shall have also indicated your acceptance of these Terms of Use and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Use, you shall discontinue further use of the Services. If you agree to these Terms of Use, you will be bound by the Terms of Use as set forth below:

  1. Definitions - The Seller and the Buyer, (individually referred to as “Party” or collectively referred to as “the Parties”) as detailed in the Agreement to Purchase & Sell executed by the Parties (hereinafter referred to as the “said ATPS”), have agreed to avail the Services subject to and as per the Terms of Use, said ATPS and Terms of Use. "Account" means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, (ii) an account of a Seller to which payment for the Transaction and other payments will be credited, or (iii) an account of a Broker to which payment for the Transaction and other payments will be credited and/or related fees will be obtained. "Agreement" refers to the document on Website that contains the terms and conditions at the time of registration by the Buyer / Seller, as well as other terms and conditions of the transaction in the said ATPS, for the transaction contemplated under the said ATPS, including but not limited to these Terms of Use. "Transaction Instructions" means the document / instructions on the Site or presented and agreed by User through any other mode that contains the terms agreed upon by the User, as well as the other terms and conditions of the transaction including these Terms of Use and ATPS. “Buyer” shall have the meaning as assigned to it in the said ATPS. “Seller” shall have the meaning as assigned to it in the said ATPS. “Property” shall have the meaning as assigned to it in the said ATPS. “Transaction Facilitation Fees” shall have the meaning as assigned to it in the said ATPS. “Safe Deposit” shall have the meaning as assigned to it in the said ATPS. "User" means Buyer(s), Seller(s), Broker(s), Person accessing Site, Getting in touch with EscrowBharat, Using our service or participating in a Transaction. "Site" refers to the website www.EscrowBharat.com and the EscrowBharat App hosted on Apple or PlayStore or through any other medium by EBPL and shall also include any other technology system or gateway or platform provided by EBPL or its affiliates. “EBPL Account” shall mean all nodal accounts maintained under the name of “Escrow Bharat Private Limited” with leading Indian Nationalised and Private Banks including but not limited to ICICI Bank, RBL Bank, Canara Bank for the purposes as set out in detail in the said ATPS and Terms of Use. “Account Bank” shall mean any Bank where EBPL maintains such nodal accounts to hold funds and deposits as permitted by RBI.

  2. Description of the Service - The Services are Internet-based transaction management and facilitation services provided by EscrowBharat.com and such support services provided by EBPL, which acts as a payment intermediary in a Transaction for facilitating the completion of the transaction contemplated under the said ATPS, subject to the terms and conditions of the said ATPS, Terms of Use, the Site and the applicable Transaction Instructions. The Services shall be limited to a) transaction facilitation of proposed purchase and sale of the Property between Parties by receiving the payment of Safe Deposit in the EBPL Account, b) Obtaining documents from the Parties pertaining to Property through its Site or through any other manner and c) releasing the Deposit, after deducting the Transaction Facilitation Fees, to the Party / Parties, as the case may be, from the EBPL Account as per terms and conditions of the said ATPS and Terms of Use.

  3. Limits on the Services - The Services are only available for lawful transactions not otherwise excluded by Section 4 below. Limitations on the Services may apply and can be found on the Site or in the Transaction Instructions as applicable. Only registered and verified Users may use the Services. In order to register, you must supply all information required on the Site. Applicable laws and regulations may further limit the Services. EscrowBharat.com is not a referral platform and we do not promote or feature any particular broker. With the help of our technology platform, we try to safeguard your interests while you buy or sell the property.

  4. Digital Escrow Services - Digital Escrow Services is to be understood as escrow facilitation services being provided by EscrowBharat through a medium of bank account provided by Indian Banks which are further governed and authorized by the Reserve Bank of India (RBI). The Company maintains such bank account as a payment intermediary to facilitate the transaction between the buyer and seller while complying with various acts and laws including but not limited to Payment and Settlement Systems Act, 2007 and its rules thereunder, Companies (Acceptance of Deposits) Rules 2014 - Companies Act 2013 and other such applicable rules and regulations as mandated by the Government of India from time to time.

  5. Prohibited Transactions - Users shall not utilize the Site or the Services in connection with any Transaction that is illegal or involves any illegal items, or is for any unlawful or illegal purpose under any applicable laws; involves any obscene material; involves any munitions or firearm; involves pirated software, DVD or videos or item(s) otherwise infringing copyrighted works; involves illegal drugs or controlled substances; involves the sale or transfer of liquor or liquor licenses, or involves transactions directly or indirectly involving persons (individuals or entities) with whom Indian persons are prohibited from engaging pursuant to sanctions or restrictions administered by the appropriate regulatory body or authority as directed by the Government of India; or involving any other illegal, unlawful or unethical services or products of any kind or any nature as per the laws of the land. In addition, EBPL or EscrowBharat.com, in its sole discretion, may refuse to complete any Transaction that EBPL has reason to believe is unauthorized or made by someone other than you or Parties, may violate any law, rule or regulation, or if EBPL has reasonable cause not to honor it. Each User agrees to indemnify and hold EBPL harmless from all suits, costs, claims, proceedings, counterclaims, actions, losses, damages, liabilities, demands, expenses (including without limitation, attorney or lawyer fees and court fees) whatsoever (“Losses”) resulting from any use or attempted use of the Services in violation of the Agreement and Terms of Use.

  6. Rejection of Payment - Since the use of a bank account, credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, EBPL is not liable to any User if EBPL does not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account or EBPL Account. EscrowBharat.com may post operating rules related to payment on the Site and change such rules from time to time.

  7. General Conditions of Use - If you arrive at the Site through entities linked and/or integrated with EscrowBharat.com or otherwise by or through a third party (e.g., an auction, exchange, marketplace or Internet-based intermediary that hosts electronic marketplaces and mediates transactions among businesses), then you authorize such third party to transfer relevant data to EscrowBharat.com to facilitate the Transaction. You represent and warrant that all information you provide to EscrowBharat.com or to such third party will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all Terms of Use, Transactions Instructions and agree to the said ATPS.

  8. Content or Information on Site - Information presented on the Site or its web pages are for awareness and informational purposes only. Your decision to use any of the Site’s services or features after reading Site’s content or information being provided on various web pages of the Site is at your own risk and sole discretion. We do not guarantee the success of any transaction deal. We believe that you inspect the property and agreement properly before buying or selling your property. Any idea, comment or material which you provide us through any means is non confidential or non proprietary. We reserve the right to format the content you provided to us and incorporate it on our site.

  9. Obligations of Sellers - On the Transaction Instructions or thereof documents presented online or online, each Seller to a Transaction must designate an Account to which payment for the Transaction will be made. Each Seller authorizes EBPL and its authorized agents to initiate credit entries to such Seller's Account for the payment of the consideration of the Property or purchase price, or applicable balance due, and to debit Seller's Account to discharge Seller's obligations. Each Seller in a transaction shall fulfill its obligations as set forth in the said ATPS and Terms of Use.

  10. Obligations of Buyers - On the Transaction Instructions or thereof documents presented online or online, the Buyer must designate a payment mechanism and an Account from which the consideration of the Property or purchase price and related fees (unless such fees are to be paid by Seller) will be remitted into EBPL Account. Depending on the amount of the Transaction as detailed in the said ATPS, Buyer may remit the necessary funds via various methods, which may include National Electronic Fund Transfer (NEFT), Real Time Gross Settlement (RTGS), cheque, Demand Draft (DD) or pay order, Unified PaymentS Interface (UPI), Immediate Payment Service (IMPS), wire transfer or any other payment method. In the case of wire transfers, Buyer will initiate the wire to an account designated by EscrowBharat.com or EBPL Account on or before the date set forth in the Transaction Instructions & said ATPS. Regardless of the payment method, Buyer authorizes EBPL or EscrowBharat.com and EscrowBharat.com authorized agents to initiate credit or debit transactions, as applicable, to obtain the consideration of the Property or purchase price and Transaction fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations as set forth in the said ATPS and Terms of Use.

  11. Obligations of Brokers - Through Transaction Instructions or otherwise, each Broker to a Transaction must designate an Account to which the Broker Fee payment will be made. Each Broker authorizes EBPL and its authorized agents to initiate credit entries to such Broker's Account for the payment of the Broker's commission, and to debit Broker's account to discharge Broker's obligations. Each Broker in a Transaction shall provide Buyer email & phone no, Seller email and phone no, and Transaction details including purchase price, property address, property description, inspection period, buyer backout period, contingency details among other details as required by EBPL from time and time and which party is responsible for the Broker and Escrow fees.

  12. Escrow Bharat Authorized Advisor - EscrowBharat Authorized Advisor (EAA) is a RERA licensed real estate broker or agent who uses EscrowBharat services or advises his/her clients about EscrowBharat and its services. The word Authorized conveys that the said broker or agent has been consented by EscrowBharat to further advise their client(s) who could be buyers or sellers or anyone else to understand and use Digital Escrow services provided by EscrowBharat. This word should not be construed and is neither intended to be understood anything beyond what is mentioned above. You must understand EscrowBharat is a neutral third party and does not promote, feature or advertise any broker or any party in any manner whatsoever. To be an EAA, the agent or broker agrees to the below mentioned consent form (For below Consent Form I / We specifically refers to the Brokers / Agents onboarding as EAA. The Consent Form is as follows: 

    • I / We agree that the information provided by me in the onboarding form is correct to the best of my knowledge and any change in the information shall be promptly provided and intimidated by me to the Company from time to time. The Company assumes the information provided as true on “as is” basis and has no liability to do further verification or KYC on the same. 

    • I / We abide by the Terms of Use and Privacy Policy of the Company (“Escrow Bharat Private Limited”) as available on escrowbharat.com.

    • I / We understand & acknowledge that Escrow Bharat is a neutral third party which facilitates escrow services between buyers and sellers and does not in any manner promotes or advertises any party or deal or broker or any network of any kind whatsoever. 

    • I / We indemnify the Company for the information presented above incase anyone shall pursue a claim on the Company of any kind on the above-mentioned information provided on my behalf.

    • I / We understand that I will access all agreements / contracts / services/ portal an any other product of escrowbharat.com only in case my client or me myself shall use the services provided by Escrow Bharat. 

    • I / We understand and acknowledge that all forms / agreements / contracts /information provided by Escrow Bharat is strictly confidential and protected by copyright and intellectual property laws and shall not disclose to anyone for any reason whatsoever.

    • I / We understand and acknowledge that being an Authorized Advisor or Channel Partner of Escrow Bharat shall not extend any liability of my acts or doings or services or claims on the Company & Escrow Bharat which my clients pursue for any issue / claim on any deal or transaction whatsoever and I shall be solely responsible for the same.

    • I / We acknowledge that we follow all rules, guidelines, legal acts, et al applicable to us from time to time in dealing in real estate & property transactions as per the laws of land of India and the Company has no liability for the same. 

  13. Our Responsibilities - EBPL or EscrowBharat.com is obligated to perform only those duties expressly described in the Terms of Use. EBPL shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct. EBPL shall not be responsible or liable to conduct due diligence of the Property under the said ATPS. The Buyer shall be solely responsible to conduct the due diligence of the Property to his / her /its satisfaction before executing the Sale Deed.  EscrowBharat.com may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User or Party indicated as the sender or signatory thereof as per the terms of the said ATPS and Terms of Use. EBPL shall not be bound in any such case to call for further evidence, or shall have no duty to make any inquiry or investigation regarding its genuineness or be responsible for any Losses or inconvenience that may be occasioned by its failure to do so. In the event that EscrowBharat.com is uncertain as to EscrowBharat.com duties or rights under this Agreement, receives any instruction, demand or notice from any User or financial institution which, in EscrowBharat.com's opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or the Deposit Funds, EscrowBharat.com may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon the advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds in the EBPL Account for delivery in accordance with the written agreement of the Users, the final decision or award of an arbitrator pursuant to an arbitration commenced and conducted in accordance with the arbitration clause laid herein or a final, non-appealable judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds by interpleader action with a court of competent jurisdiction in accordance with the procedures outlined thereof.

  14. Termination - EscrowBharat.com or EBPL may, at any time, give notice of its intent to resign as Transaction Agent. If, within ten (10) days of such notice, EBPL has not received any notice from all Users involved in a Transaction that they have designated a substitute transaction agent (which notice shall identify the substitute transaction agent), EBPL may discharge its duties under the Agreement, by depositing the amounts received from the Buyer, in the account designated by the Buyer or court of competent jurisdiction, as required, and thereafter the EBPL shall be released from any and all duties, liabilities and obligations with respect to the transaction contemplated under the said ATPS. If an alternate Transaction Agent is so designated, EBPL shall be discharged from its duties under the Agreement, by depositing the amounts received from the Buyer to such person or entity. Upon payment of the funds pursuant to this Agreement, EBPL shall be released from any and all duties, liabilities and obligations with respect to the transaction contemplated under the said ATPS. We reserve the right to cancel the registration or account of a user if a user is found to be violated the policies or terms of use of EscrowBhara.com including actions or activities that might damage the reputation or security of the Site. We also reserve the right to deny the cancellation of account or member registration in its sole discretion with or without any reason.

  15. Canceling a Transaction - In EBPL’s sole discretion,it may cancel any transaction if any Party to a transaction fails to agree on the terms as given hereunder or the said ATPS and/or Terms of Use.

  16. Questions about the Services - You may inquire about payments made through the Service by calling our customer care number that appears on the Site or by filling out the customer care form available on the Site. If you believe an error has been made or there has been any unauthorized use of your Account or the Services, you agree to call or send an email as soon as possible, but no later than twenty-four (24) hours after you became aware of an error. When you contact EscrowBharat.com, please be prepared to provide your name, transaction reference number / deal id, your phone number and your email address with which you have registered on the EscrowBharat.com site.

  17. Statements, Verification - You agree that all disclosures and communications regarding transaction in the said ATPS, this Agreement and the Service shall be made by email or on the Site, unless the parties make other arrangements as set forth in the ATPS.

  18. Digital Identification - You understand and agree that EscrowBharat.com will create, issue, and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification emails. You agree that your Digital ID is a valid "Electronic Signature".

  19. Data Privacy & Security: We may collect your various data from time to time and the way you are accessing our website while availing or accessing our services and the same shall be governed by our Privacy Policy and it is understood that while agreeing to this Terms of Use you also agree to our Privacy Policy.

  20. Intellectual Property Copyrights & Trademarks: All material on our Site or Servers including but not limited to content, data, infographics, logo, banners, images, favicon, social handle images, designs, graphics, conversations with our employees, e-guides, agreements, service related information and other proprietary information, company name, domain names are all protected by legal copyrights and trademarks. By no way, you are allowed to use any of the material in any manner, unless explicitly allowed. EscrowBharat.com has reserved all rights over the usage of its material. We will blacklist a user or will take strict legal actions against the user if he/she is found to be copying, distributing or publishing our Site’s material in anyway without our consent. Any material of the Site can not be used by users without the written explicit consent from the Site.

  21. Fees - Unless otherwise agreed upon by the User in the Transaction, Buyer agrees to pay the transaction fees, as well as any other applicable fees, including, without limitation, third party service fees as applicable. Once paid, transaction fees are nonrefundable. Transactions fees may change from time to time in EBPL’s absolute and sole discretion. The Parties agree that they shall bear all interest, tax, service tax, all other duties and charges (including stamp duty in connection with this Agreement and/or Terms of Use) and taxes (of any description whatsoever) as may be levied from time to time by the Government or other authority in respect of or in connection with the services being rendered to the Parties under these Terms of Services. In the event the Parties fail to pay the monies referred to above, EBPL shall be at liberty to pay and recover the same from the Parties including by deducting from the deposits lying in the EBPL Account. EBPL is not responsible for payment of any penalty, tax or other governmental tax or levy imposed on any property or items purchased or sold through the Services or otherwise arising from the Transaction.

  22. Security - The Parties agree and acknowledge that the Services may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro. However, EBPL will adopt such technical and non-technical security measures that it considers are appropriate to render the Services and will make all requisite efforts to provide uninterrupted services subject to downtime and regular maintenance; though EBPL does not guarantee that such security measures cannot be subverted to gain unauthorized access. To keep your accounts safe, you agree not to give your password or OTP or access to any other person or entity and to protect it from being used or discovered by anyone else.

  23. Disclaimers - You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. EBPL or EscrowBharat.com MAKES NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY SERVICES OR ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE. EBPL expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. EBPL shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller or Buyer or User. No advice or information, whether oral or written, obtained by you from EscrowBharat.com or through the Services shall create any warranty not expressly made herein. Any information provided to you through the Site or by Transaction Agent through any of its representatives, employees, etc. and decisions made by you basis this shall be your sole responsibility and Transaction Agent shall not be responsible for any claims or liabilities or loss of any kind.

  24. Third Party Liability - You acknowledge and agree that EBPL or EscrowBharat.com does not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will EBPL be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond EBPL’s control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority, equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption of electrical, telecommunications or other utility services). The Site may also have external links to other websites for add on services or for general awareness but we are not responsible for the content or information being provided on such external link websites. You may access or open or read these links and the information contained therein at your own risk and by no way EBPL shall be held liable for anything whatsoever. EBPL makes sure that its Site does not contain any malicious external links but if it is done unethically by hackers or someone intentionally, EscrowBharat.com shall not be held responsible for it in any manner.

  25. Read & Understood - In pursuance whereof the User or Parties agree that by executing the said ATPS, transferring money in the EBPL Account or / and by availing the Services, the Parties are deemed to have agreed to these Terms of Use and are deemed to have represented and warranted that: (i) The Parties have the necessary consents, licenses, approvals (including from Government Authorities) and necessary power, authority and the legal right to agree to these terms and have taken all necessary actions required for the validity, enforceability and performance of their respective obligations and duties in terms hereof; (ii) These Terms of Use constitute the legal, valid and binding obligations of the Parties, enforceable against the Parties in accordance with applicable law; (iii) The entry into and performance by the Parties of its obligations/duties under these Terms of Services and any other document related hereto does not and will not violate, in any respect: a) any law, regulation, judgment, decree or order of any legislative, executive, judicial, quasi – judicial or regulatory authority (hereinafter referred to as “Government Authority”) having jurisdiction or control over the Parties; b) The organizational documents of the Parties; or c) Any document, contract or other undertaking to which any of the Parties is a party or which is binding on the either of them or any of its assets;

  26. By availing the Services, each of the Parties and User are deemed to have agreed, represented and warranted that: (i) The role of the Transaction Agent shall be limited to such functions as expressly laid out herein or as indicated by EBPL especially to the Parties or by the Parties to EBPL in accordance with the terms hereof; (ii) The Transaction Agent and the Account Bank shall not be liable for any claims made by or arising against any of the Parties and/or any third parties, in relation to any duties, actions or obligations performed and / or rights or powers exercised by EBPL and / or the Account Bank. The Parties also agree that the Transaction Agent shall not be liable to any of them for any Losses that any of them may suffer or incur either directly or indirectly as a result of the transactions contemplated herein and/or under the said ATPS; (iii) The Parties will not in any manner, by themselves or by any agent or representative or consultants appointed by them, voluntarily or involuntarily, portray or represent the Transaction Agent and Account Bank as a party to any such document entered into or understood to have entered into between the Parties; and (iv) The Transaction Agent can conduct business with the Account Bank in the normal course of the Account Banks business. The Account Bank is under no obligation to disclose any details of such transactions to any of the Parties whatsoever.

  27. Each of the Parties shall, at any time and from time to time upon the request of the other Parties and / or Transaction Agent, promptly and duly, do or permit to be done all such acts and execute and deliver or permit the execution and delivery of any and all such instruments and documents as the other Parties and / or the Transaction Agent, as the case may be, may consider necessary for the purpose of the Parties obtaining as required by the Terms of Services.

  28. The Transaction Agent shall, if by the terms hereof be required to perform any act / take any action on or within a period ending on a day which is not a day (other than a Sunday or a public holiday) on which Transaction Agent is open for business in the place where the EBPL Account is held (“Business Day”), then such action will be performed / taken by the Transaction Agent on the immediate succeeding Business Day.

  29. Notwithstanding anything contrary contained herein, the Transaction Agent may refrain from taking any action which in its opinion, would or might contravene any law in any relevant jurisdiction, and do all such things in its opinion to comply with all applicable law. The Transaction Agent shall not be obliged to make any transfer from the EBPL Account if so directed by any Government Authority.

  30. The Parties will at all times maintain confidentiality regarding the contents of these Terms of Services and they shall not make any announcement to the public or to any third party regarding the arrangements contemplated herein without the prior written consent of the Transaction Agent. The Transaction Agent shall be free to disclose the contents of these Terms of Services and all information in relation to the Parties to its affiliates and subsidiaries and for the promotion of its business and if required with any Government Authority.

  31. All the notices and other communications required under these Terms of Services shall be in writing and: (i) if delivered personally or by courier or if sent by registered mail, be deemed given upon delivery at their respective address provided for this purpose in the said ATPS submitted by the Parties to the Transaction Agent or if to the Transaction Agent at the address provided for delivery of notices in said ATPS submitted by the Parties to the Transaction Agent; and (ii) if sent by email, be deemed given on the receipt of a confirmation or if to the Transaction Agent to email as provided against the Transaction Agent in the said ATPS (marked to the attention of the person named therein) upon its receipts confirmation. (iii) Any Party may, from time to time, change its address for the purpose of notices to that Party by giving a notice to the Transaction Agent and the other Parties specifying a new address, but no such notice will be deemed to have been given until it is actually received by the other Parties and the Transaction Agent.

  32. The Parties shall jointly and severally from time to time, on demand by the Transaction Agent, indemnify the Transaction Agent and keep the EBPL and its employees, officers, directors, agents, representatives, etc. indemnified and saved harmless against any and all Losses which the Transaction Agent may suffer / incur: (i) in acting in its capacity as the Transaction Agent hereunder, including any claims for any taxes, payable by any of the Parties, which are made on the Transaction Agent and / or any costs or expenses charged to it by any persons engaged by it in connection with the transactions herein; (ii) as a consequence of the Transaction Agent relying upon any certificate, notice, demand, direction or communication, by whatever name called, signed by, or with the authority of a Party; (iii) in acting upon the provisions of the said ATPS, Terms of Use or any instructions received by it from the Parties in terms hereof; and/or (iv) as a consequence of any breach or misrepresentation by any Party.

  33. The indemnities contained in this clause shall survive the termination of the arrangement with the Transaction Agent.

  34. The Parties agree that notwithstanding anything contained in these Terms of Services, said ATPS and the Terms of Use, the aggregate liability of the Transaction Agent to the Parties or any of them or any third party, for any action done or omitted to be done under or pursuant to these Terms of Services or for any breach of any covenant, shall at all times be limited to the Transaction Fees actually received by the Transaction Agent from the Buyer or Seller or both as the case may be. Provided however that the Transaction Agent shall not be liable for any indirect or consequential loss or damage, or special or punitive or exemplary damages, or loss of profit, business, revenue, goodwill or anticipated savings to the Parties. The Transaction Agent shall also not be liable for any Losses that are finally judicially determined to have resulted primarily from the negligence or infringing action of any of the Parties or any other person.

  35. The obligations of the Transaction Agent contained herein will be subject to any occurrence resulting in prevention from or delay or interruption in performing its obligations if such prevention, delay or interruption is due to any event beyond the reasonable control of Transaction Agent, including, without limitation, unavailability of any communication system, internet network issue, malware, virus attack, sabotage, fire, flood, explosion, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war or acts of government, changes in legislation, laws and/or Acts, order, notification, circular of any Government Authority, department, judgment, order, ruling etc., of any Court, tribunal, board, judicial authority etc., and other allied acts of regulatory nature then Transaction Agent shall not be deemed to be in default. The Transaction Agent shall not be liable for any action or claim or Losses, from any party, arising out of its inability to perform the obligations for the reasons stated herein.

  36. These Terms of Services shall, subject to the rights of the Transaction Agent to resign, remain in full force and effect until the said ATPS is cancelled / terminated in terms of the said ATPS.

  37. The Transaction Agent may suspend or terminate the Parties right to use the Services at any time, without any notice for any reason in its sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, Transaction Agent will attempt to provide you with prior notice of the suspension or termination of the Services by sending the Parties an email, but Transaction Agent is not obligated to do so. Each Party shall remain liable for all transactions initiated by it through the Site or by using Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that Transaction Agent may incur in order to (a) collect any amounts you owe under this Agreement, Terms of Use or the ATPS or (b) to initiate an arbitration or judicial proceeding to resolve a dispute between Buyer and Seller.

  38. These Terms of Services and the transactions contemplated herein shall be binding upon and enure to the benefit of each Party hereto and the Transaction Agent and their successors and assigns. The Terms of Services shall not confer upon any person other than the Parties hereto and the Transaction Agent, the benefit of any rights or remedies hereunder.

  39. The Parties shall not assign or transfer all or any of its rights, benefits and obligations hereunder, without prior written consent of the Transaction Agent. The Transaction Agent may, at any time, assign or transfer all or any of its rights, benefits and obligations hereunder to any other financial institution / bank / investment institution or any other person without any consent or approval whatsoever being required to be obtained from any of the Parties.

  40. In case there is any inconsistency between these Terms of Services and any other mandate, writings, letters and documents, the provisions of these Terms of Services shall prevail.

  41. If any provision of these Terms of Services is held to be illegal, invalid, or unenforceable under any present or future law, such provision will be severable and these Terms of Services will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof and the remaining provisions of these Terms of Services shall remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or its severance here from.

  42. Modification: Based on the business requirements due to its dynamic nature, we reserve the right to update our Terms of Use or a part of it from time to time. You may be notified through a website notification, app notification, website alert, mail, sms or any other medium of a significant change in the Terms of Use. Whether you receive such update notification or alert or not, you are still responsible and implicitly accept all the updated Terms of Services since the time it is published on the website.

  43. These Terms of Services, the transactions contemplated herein and the rights and obligations of the Parties and the Transaction Agent are governed by, and shall be construed in accordance with the laws of India.

  44. The Parties irrevocably agree that any legal action or proceedings arising out of these Terms of Services and in relation to the transactions contemplated herein and the rights and obligations of the Parties and the Transaction Agent, may be brought to Courts of Delhi and irrevocably submits itself to the jurisdiction of that court.

  45. Any and all claims, disputes, questions or controversies involving the Parties and arising out of or in connection with or relating to these Terms of Services, or interpretation, validity, performance, breach or termination hereof shall be resolved by arbitration in accordance with the provisions of Arbitration and Conciliation Act, 1996 and the rules made there under or any amendments made thereof. For the purpose of such arbitration, the dispute shall be referred to a sole arbitrator to be appointed by the Transaction Agent. The arbitration proceedings shall be conducted in English language and shall be conducted at Delhi. The arbitral award shall be final and binding on the Parties. 

  46. Limitation of Liability - TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EBPL NOR ITS AFFILIATES, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES.

  47. EBPL may assign this Agreement to any current or future affiliated company and to any successor in interest. EBPL also may delegate certain of EscrowBharat.com rights and responsibilities under the Agreement to independent contractors or other third parties.

By reading this agreement or using any of our services, you agree to all terms of use of the Site. If you do not agree to any of the terms, kindly discontinue our services immediately. If you have any questions or doubts regarding the terms stated in the agreement, feel free to mail us at care@escrowbharat.com.

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