Terms & Conditions

Last Updated: 29 May, 2023

1. DEFINITIONS

  • Account: Means and includes the account created on the Site by the User, in accordance with the terms of the Agreement, registered with and approved by BangHome.
  • Agreement: Means and includes the Terms and Conditions, Privacy Policy, and any other such terms and conditions that may be mutually agreed upon between BangHome and the User in relation to the Services.
  • Applicable Law: Means and includes any statute, law, regulation, sub-ordinate legislation, ordinance, rule, judgment, rule of law, order (interim or final), writ, decree, clearance, Authorizations, approval, directive, circular guideline, policy, requirement, code of practice or guidance note, or other governmental, regulatory, statutory, administrative restriction or any similar form of decision by any statutory or regulatory authority or government agency having jurisdiction over the subject matter of this Agreement.
  • Broker: Means and includes all brokers, channel partners, sales agencies, and other third parties who negotiate or act on behalf of one person in a transaction of transfer including sale, purchase, leave and license, lease, or other forms of transfer in relation to a plot, apartment, or building.
  • Computer Virus: Means any computer instruction, information, data, or program that destroys, damages, degrades, or adversely affects the performance of a computer resource or attaches itself to another computer resource and operates when a program, data, or instruction is executed.
  • Confidential Information: Means all information that is not in the public domain, relating directly or indirectly to BangHome's business processes, practices, policies, subscription plans, documents, research, operations, strategies, techniques, agreements, trade secrets, computer programs, databases, systems, material, supplier information, vendor information, financial information, accounting records, legal information, marketing information, and other proprietary information.
  • Content: Means and includes any information, data, and content on the Site.
  • Government Authority: Means and includes any government, state or other political subdivision thereof, any entity exercising executive, legislative, judicial, regulatory, or administrative functions.
  • Information Technology Act: Refers to the Information Technology Act, 2000.
  • Intellectual Property: Includes patents, inventions, trademarks, service marks, designs, algorithms, works of authorship, flowcharts, and other proprietary information.
  • Intellectual Property Rights: Means all rights, title, and interest under patents, trademarks, copyrights, and similar rights in respect of Intellectual Property, anywhere in the world, including rights to apply for patents or trademarks.
  • BangHome: Refers to BangHome Technologies Solutions Private Limited, a company incorporated under the Companies Act, 2013 with its registered office in Bengaluru, India.
  • Privacy Policy: Refers to the privacy policy of BangHome more particularly described in Section II.
  • Prohibited Conduct: Includes the User's use of the Service in contravention of the Agreement and Applicable Law; violation of third-party rights; infringement of BangHome's Intellectual Property Rights; unauthorized access to the Site; sending spam or unsolicited messages; and storing or using unlawful material.
  • Registration Data: Includes the mobile number, email address, username, and any other details provided by the User during the registration process.
  • Personal Information: Includes Aadhaar Card, PAN Card, biometric information, financial details such as bank accounts, debit card, credit card details, and any other sensitive information that personally identifies the User.
  • Services: Includes the services provided by BangHome, such as connecting tenants and owners, facilitating property listings, and processing related documentation for lease agreements, registration, police verification, etc.
  • Site: Refers to the website owned, operated, and managed by BangHome Technologies Solutions Private Limited at the URL www.BangHome.in and associated mobile applications.
  • Terms and Conditions: Refers to the terms and conditions set out in this Agreement.
  • Third-Party Service Provider: Refers to any service provider with whom BangHome has an agreement for providing services to the User.
  • User: Refers to any person who accesses the Site or avails Services on the Site for hosting, publishing, sharing, transacting, or uploading information, either as a tenant or as an owner.
  • User Information: Refers to Registration Data, Personal Information, and any other data provided by the User in relation to the Services.

2. INTERPRETATION

  • Any reference to legislation or law shall include references to any such legislation as it may be amended, supplemented, or re-enacted.
  • Any reference in this Agreement to a person includes any individual, corporation, partnership, unincorporated organization, or governmental agency and their respective successors, permitted assigns, or legal representatives.
  • Headings to Sections and Clauses are for reference only and should be ignored in the construction of the relevant Sections and Clauses.
  • The singular includes the plural and words importing a particular gender include all genders.
  • Words such as "other" or "otherwise" will not be construed as limiting the generality of any preceding words.

3. ACCEPTANCE OF THE TERMS AND CONDITIONS

  • BangHome agrees to provide services, and the User agrees to avail services as per the terms of this Agreement. Acceptance of the Terms and Conditions and Privacy Policy constitutes the Agreement between the User and BangHome.
  • The User agrees to be bound by the Agreement each time they access the Site or complete the registration process.
  • The User represents and warrants to BangHome that they are 18 years of age or older and capable of entering into and adhering to this Agreement. Users under 18 may access the Site only with parental or guardian supervision.

4. ACCESS TO THE SITE

  • First-time Users can access the Site for browsing without creating an Account.
  • The User agrees to provide User Information and create an Account to retrieve specific information and avail Services.
  • BangHome will verify the Account via OTP and allows only one mobile number to be used for account creation. Users are prohibited from creating multiple accounts.

5. SUBSCRIPTION PLANS

  • BangHome offers subscription plans for Users to avail Services based on their needs, with applicable fees.
  • Subscription fees are non-refundable unless the User selects the Moneyback Plan as outlined on the Site.
  • BangHome reserves the right to revise subscription fees at any time, and Users agree to pay the difference if applicable.

6. USER INFORMATION

  • BangHome is not responsible for the accuracy, quality, legality, or integrity of the User Information.
  • BangHome will not be liable for the deletion or loss of User Information.
  • BangHome reserves the right to remove or discard User Information at its sole discretion.

7. RIGHTS OF BangHome

  • BangHome reserves the right to reject or disable Accounts for violations of Applicable Law or breach of this Agreement.
  • BangHome may verify User Information to ensure brokers do not register on the Site.
  • BangHome can modify, suspend, or terminate Services and User Accounts without prior notice.
  • BangHome will make reasonable efforts to provide advance notice of any Site suspensions for repairs or maintenance.

8. EUROPEAN UNION DATA PROTECTION RIGHTS

  • Subject to Applicable Law and in accordance with the European Union General Data Protection Regulations (EU GDPR), BangHome acknowledges and undertakes to comply on a best effort basis with the rights available to its Users of European nationality/ EU residents set out below:
    • (a) the right to know the purposes for which the User Information shall be collected and used;
    • (b) the right to access information that personally identifies the User;
    • (c) the right to rectify incorrect information;
    • (d) the right to delete or remove information after discontinuation of the Services;
    • (e) the right to data portability;
    • (f) the right to restrict data or information from being processed;
    • (g) the right to opt out of providing or sharing information with BangHome.
  • The Users of BangHome to whom the EU GDPR applies, understand and acknowledge that these rights shall at all times be subject to Applicable Law and are not an exhaustive list of the rights available pursuant to the EU GDPR. The relevant Users shall exercise any of these rights by raising a personal and direct request with BangHome atsupport@banghome.in.

9. UNAUTHORIZED ACCESS

  • The User shall be liable for all acts conducted through the User’s Account and shall be responsible for the safekeeping of the details and password of the Account.
  • Subject to Applicable Law, the User is responsible for notifying BangHome immediately upon becoming aware of any unauthorized access into or misuse of the Account causing a breach of security as per the Terms and Conditions and Privacy Policy of BangHome.
  • BangHome shall extend support by ensuring immediate termination or suspension of such Account and shall take such other appropriate safety measures as it may deem necessary. Further, BangHome shall not be held liable for any unauthorized access into the Account and/or any loss or damage caused to the User by such unauthorized access or loss or damage caused as a consequence of the delay or failure of the User in informing BangHome about such unauthorized access.
  • In order to better protect the secrecy of the User Information, the User is encouraged to change the password of the Account from time to time.

10. USE OF INFORMATION

  • BangHome undertakes that the procurement, storage, usage, and dissemination of all information including User Information and/or Content, as the case may be, pursuant to this Agreement, shall at all times, including upon expiration of the Services or termination of the Agreement with the User, be in accordance with the Information Technology Act 2000, the rules made thereunder and other relevant Applicable Laws.
  • The User hereby irrevocably and unequivocally authorizes BangHome to utilize User Information for the purposes including those set out below:
    • (a) provision of Services in accordance with the Agreement;
    • (b) disclose User Information to its directors, officers, employees, advisors, auditors, counsel, or its authorized representatives on a need-to-know basis for provision of the Services;
    • (c) contacting a Third Party Service Provider and/or facilitating/enabling the services of a Third Party Service Provider for the User pursuant to the arrangement between BangHome and such Third Party Service Provider;
    • (d) conducting internal studies, consumer research, surveys, and preparing reports in connection with the Services;
    • (e) entering the registration data for an Account or receiving alerts, contacting a property seller/buyer;
    • (f) sending alerts, contact details, promotional messages, and promotional calls whether by BangHome itself or through its partners/vendors and sub-partners/sub-vendors;
    • (g) disclosing to third parties (including law enforcement agencies and the User’s building management personnel) personally identifiable information where BangHome has reasonable cause to believe that the Users are guilty of any Prohibited Conduct.
  • Third party services:
    • (a) BangHome may engage Third-Party Service Providers to provide the Services to the Users, in accordance with separate agreements between BangHome and such Third-Party Service Providers.
    • (b) BangHome may recommend services of Third-Party Service Providers for ancillary services, such as packaging and moving furniture, neighborhood information, or doorstep registration facilities.
    • (c) BangHome shall have the consent of the User to share User Information with Third-Party Service Providers, without intimation to the User.
    • (d) The Site may serve as a platform for Third-Party Service Providers to advertise or promote their services in relation to the Services provided by BangHome.
    • (e) BangHome is not an agent or partner of any Third-Party Service Provider and does not hold responsibility for their actions.
  • Tailored Advertising:
    • (a) The User acknowledges and agrees that Third-Party Service Providers may use cookies or similar technologies to collect information about the User’s browsing patterns to inform, optimize, and provide tailored advertisements.
    • (b) BangHome allows Third-Party Service Providers to serve tailored advertisements to the User, and to access cookies or similar technologies on the User’s device.
    • (c) The User agrees that when accessing the Services from a mobile application, they may receive tailored in-application advertisements, and the User may manage these advertisements through their device settings.
    • (d) BangHome does not guarantee the accuracy, integrity, or quality of any content provided by such Third-Party Service Providers. Users interact with Third-Party Service Providers at their own risk and BangHome is not liable for any damages arising from these interactions.

11. BangHome PLATFORM

  • The Users agree and acknowledge that BangHome is only an online platform that allows Users to interact with each other for listing properties and/or searching for options.
  • Users are responsible for choosing and interacting with other Users on the Site. BangHome is not liable for such interactions.
  • BangHome provides profile previews based on information provided by Users but does not recommend or endorse any User or property listed by them.
  • Information on the Site is intended for general reference. Users are encouraged to independently verify the information.
  • Users are solely responsible for interactions with other Users and Third Parties. BangHome is not responsible for disputes or issues arising between Users.
  • BangHome does not guarantee the completion of all transactions or the ability of Users to fulfill their obligations. Users are advised to investigate potential transactions before interacting with others.

12. BangHome PAY TERMS & CONDITIONS

  • Role: Any registered User of the Site may choose to make rent payments, maintenance payments, and payment of security deposit/token amounts through the payment gateway(s) authorized by BangHome. Users are asked to provide billing information such as name, financial instrument information, bank account number, IFSC code, landlord details, and property address. Users must provide accurate, current, and complete information when making a payment and keep this information up-to-date. BangHome is not responsible for any loss caused by incorrect payment information.
  • Except for BangHome’s limited role in processing payments, BangHome is not involved in any underlying transaction. BangHome acts solely as an intermediary facilitating payments between registered Users and intended third-party beneficiaries.
  • Authorization: Users authorize BangHome to hold, receive, and disburse funds according to the payment instructions provided through the Site. BangHome may debit or credit the User’s balance or bank account and process transactions for authorized payments.
  • Fees: Users agree they may be charged a service fee by BangHome for using the Site to make payments.
  • Transaction Limits: BangHome may delay, suspend, or reject a transaction if it suspects the transaction is unauthorized, fraudulent, suspicious, or violates the terms of this Agreement.
  • Chargebacks: The amount of a transaction may be charged back if the transaction is disputed, unauthorized, or unlawful. Users must assist BangHome in investigating chargebacks.
  • Liability: Users agree not to hold BangHome responsible for any disputes with the Processor or their financial institution. BangHome disclaims all liability for additional fees charged by Processors.
  • Fraud and Restrictions: BangHome may request additional documents for suspicious transactions. BangHome will refund the amount for invalid transactions.
  • Refunds: In case BangHome cannot facilitate the transfer due to technical issues, refunds will be processed within 15 working days.
  • Risk: Users assume the risk arising out of access to and use of payment Services. BangHome is not liable for damages resulting from payment-related issues.

13. CONTENT ON THE SITE

  • BangHome ensures that Content on its Site complies with Applicable Law and this Agreement. Users represent and warrant not to:
    • (i) Attempt unauthorized access to the Site or related systems;
    • (ii) Violate Intellectual Property Rights;
    • (iii) Send spam or unsolicited messages;
    • (iv) Store or send unlawful material or viruses;
    • (v) Interfere with the Site's performance;
    • (vi) Commercially exploit or share the Service;
    • (vii) Modify or create derivative works of the Service or Content;
    • (viii) "Frame" or "mirror" any content;
    • (ix) Reverse engineer the Service or build a competitive product.

14. USER GENERATED CONTENT

The Site may contain user-generated content (“UGC”) which BangHome does not pre-screen and which contains views that may be opinions of Users and experts. These views do not represent BangHome’s views, opinions, beliefs, morals, or values. BangHome does not claim any ownership rights in the text, files, images, including photos, videos, sounds, musical works, or any UGC that Users submit or publish on the Site. After posting any UGC, Users continue to own the rights to that UGC, subject to the limited license set out here. BangHome shall do its best to monitor, edit, or remove such UGC where it deems appropriate or necessary. BangHome does not promise that the content on the Site is accurate, complete, or updated, nor that it will not offend or upset anyone or infringe the Intellectual Property Rights of third parties.

Users acknowledge and agree that BangHome will not be liable for the User’s losses or damages (whether direct or indirect) caused by any activity undertaken by the User based on any UGC.

15. INTELLECTUAL PROPERTY

  • BangHome respects the Intellectual Property Rights of others and asks its Users to do the same. The User shall have the sole responsibility for the Intellectual Property ownership or the right to use any information submitted via the Site. Users may not use the Site to transmit or reproduce someone else's Intellectual Property.
  • Liability for Infringement: Users shall be held liable for infringement of BangHome’s Intellectual Property Rights, including but not limited to:
    • Misrepresentation of User Information or Content as their own property;
    • Using the Content publicly or privately for charging brokerage from the Users or third parties;
    • Using the Content to display Broker-like behavior.
  • The User shall not upload, post, or otherwise make available on the Site Intellectual Property without the express permission of the concerned owner. Users will be solely liable for any damage resulting from the infringement of such Intellectual Property.
  • BangHome reserves the right to initiate appropriate legal proceedings against any User or third party for infringement of its Intellectual Property Rights.
  • Users agree that BangHome shall have Intellectual Property Rights over all information and data shared by the User on the Site.

16. OPERATIONAL HAZARDS/ COMPUTER VIRUS ATTACKS

  • BangHome does not warrant that the Site or any other software used internally is free from harmful components such as Computer Virus, worms, and trojans.
  • BangHome will endeavor to secure the Site against bugs, viruses, and other technical issues in compliance with industry best practices.
  • BangHome shall not be held liable for damage caused due to performance issues, errors, omissions, interruptions, deletions, defects, viruses, or unauthorized access resulting from negligence or otherwise.

17. RENTAL AGREEMENT

  • If the User chooses to avail the rental agreement services from BangHome, the User and the concerned property owner must provide necessary Personal Information for completing the rental agreement registration.
  • The User and the property owner agree:
    • Not to hold BangHome liable for any dispute between them;
    • Not to hold BangHome liable for any fraudulent, negligent acts, or Prohibited Conduct by any User;
    • To bear the registration or stamp duty charges on the rental agreements as per Applicable Law;
    • Not to hold BangHome liable for any damages resulting from sharing information for registration;
    • To provide additional information to third parties/BangHome as needed to complete the registration process.

18. DISCLAIMER

  • The information and opinions on the Site related to Services are general guidelines and are not offers or recommendations from BangHome.
  • Content on the Site should not be construed as legal, financial, or real estate advice. BangHome advises Users to seek professional advice before making legal, financial, or real estate decisions.
  • The Services are used at the User's risk, and BangHome does not make any representations or warranties regarding the Services, including implied warranties of merchantability or fitness for a particular purpose.
  • Users acknowledge the risks of interacting with other Users, persons, or Third-Party Service Providers, and are solely responsible for their assessments when using the Site.
  • BangHome expressly disclaims any liability arising from any User-generated content or third-party service deficiencies.
  • BangHome does not warrant the results of the Services or ensure the Site will be free from errors.
  • BangHome is not responsible for the accuracy of third-party reports, market information, or external web links on the Site.
  • BangHome is not responsible for verifying User information or conducting background checks. BangHome's "verified" labels refer to its algorithm-based process and may have limitations.
  • BangHome will not be liable for any damages, expenses, or losses resulting from Prohibited Conduct or third-party service engagements.
  • BangHome disclaims responsibility for issues arising from User account suspension or deactivation.
  • BangHome is not liable for third-party fees or legal disputes between the User and third parties.
  • BangHome is not responsible for cookies or other tracking technologies placed by third-party service providers on the Site.
  • BangHome is not liable for non-performance or delays due to unforeseen circumstances, such as natural disasters, war, strikes, or government interventions.

19. LIMITATION OF LIABILITY

BangHome’s total aggregate liability under this Agreement and in relation to anything which BangHome has done or not done in relation with this Agreement shall be limited to the fees paid by the User for availing the Services in relation to which such liability of BangHome arises.

20. INDEMNITY

BangHome and its officers, directors, employees, and agents shall be indemnified against any losses, costs, expenses, claims, suits, and/or damages (including reasonable attorney fees) incurred and/or suffered by BangHome, resulting from any act or failure to act of any User, person, or Third-Party Service Provider for any reason, including but not limited to the following:

  • Breaches of any terms of this Agreement;
  • Third-party claims arising from Intellectual Property infringements;
  • Claims by any Government Authority due to the User’s violation of Applicable Law;
  • Gross negligence or willful misconduct in the use of the Services;
  • Fraudulent acts that result in loss or damage suffered by other Users or third parties.

22. REAL ESTATE REGULATORY AUTHORITY

  • Users are deemed aware of the rules and regulations in relation to the Real Estate Regulatory Authority (RERA) of the concerned state in India. BangHome recommends that Users periodically visit the concerned RERA website for updates on any property listed on the Site.
  • BangHome does not endorse or advertise any property listed on the Site and shall not be held liable for listing any property that violates RERA rules. BangHome has no connection with the parties listing properties.

23. USER GRIEVANCE

Any User grievance related to discrepancies or misuse of information provided to BangHome may be addressed to the grievance officer:

The grievance officer will address the grievance within one month of receiving the grievance.

24. GUIDELINES FOR LAW ENFORCEMENT AGENCIES (LEAs)/ REPORT A FRAUD

  • LEAs can send legal requests/notices to support@banghome.in for assistance on user details.
  • BangHome aims to respond within 72 hours of receiving the request.

25. WAIVER AND SEVERABILITY

  • No failure or delay by BangHome in exercising any right or remedy will be considered a waiver of that right or remedy.
  • If any term of the Agreement is declared invalid or unenforceable, it will not affect the validity of other terms.
  • The invalid provision will be construed to reflect the intent of BangHome as closely as possible.

26. AMENDMENT

  • BangHome may change, update, or modify this Agreement without prior notice to the User. Notifications of such changes will be available on the Site.
  • The User’s continued use of the Site and Services will be deemed as acknowledgment and acceptance of the modifications.

27. GOVERNING LAW AND JURISDICTION

Any action, claim, dispute, or difference arising out of or in connection with this Agreement shall be governed by Indian laws. The courts in Bengaluru shall have exclusive jurisdiction over Disputes arising from this Agreement. BangHome may, however, choose to institute proceedings in other jurisdictions at its discretion deem appropriate and convenient.