TERMS OF USE

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. and that in any proceeding arising under or relating to this Agreement, each party hereby waives any right to raise any defense or waiver based upon execution of this Agreement by means of such electronic signatures or maintenance of the executed agreement electronically.

The domain name www.saybaselect.com and/or www.saybaselect.in, is operated by entities that identify themselves under the Sayba Group (which comprises of M/s. Star Embassy, M/s. Star Shine, M/s. Star Empire, M/s. Star Embassy, M/s. Star Raise, M/s. Star Regency, M/s. Amool Enterprise, M/s. Star Rise, M/s. Sai Star Developers, M/s. Star Aura and M/s. Sayba Sapphire, M/s. Star Rise, M/s. I Y Payak Developers, M/s. Rainbow Builders, M/s. A R Developers, M/s. A R Enterprises, M/s. A R Associates, M/s. I Y Payak Realtors, M/s. Star Empire, M/s. Star Corporation, M/s. Star Empire, M/s. Star Enterprises, M/s. Gold Star Enterprises, M/s. Star Associates, M/s. Rajdeep Associates, M/s. Priya Construction Company, M/s. Hari Om Construction, M/s. Star Deluxe, M/s. Gagangiri Construction, M/s. Hans Associates, M/s. Sayba Home Makers, M/s. Personal Star Raises, M/s. Star Enterprises, M/s. Star Sky Dhanlaxmi Developers and M/s. Star Reality), and entities that identify themselves under Sayba Spaces (which  comprises of M/s. Shanaya Star, M/s. Star Regency, M/s. K D Constructions, M/s. Gagangiri Zen and Sayba Spaces Private Limited), hereinafter these firms and the group individually and/or collectively shall be referred to as the ‘Developer’, ‘We’, ‘Us’ & ‘Our’ as the context requires.

The term 'You', ‘Real Estate Agent’ & 'User' shall mean any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;

The terms 'Party' & 'Parties' shall respectively be used to refer to the User and the Developer individually and collectively, as the context so requires.

The domain name www.saybaselect.com and/or www.saybaselect.in is also used for mobile application and these Terms & Conditions shall apply Mutatis Mutandis to the mobile application. Further, the meaning of Website includes the Mobile application.

Visiting the home page of the Website and/or using any of the services provided on the Website shall be deemed to signify the User's unequivocal acceptance of these Terms, and the User expressly agrees to be bound by the same.

The User unequivocally agrees that these Terms constitute a legally binding agreement between the User and the Developer, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that user's acceptance of the terms has made it binding on the User.

The Developer reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments / modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

These Terms of Use apply to a user (whether guest user or registered user) who subscribes to our Services from the website currently located at the URL www.saybaselect.com and/or www.saybaselect.in and/or the mobile application.

WHEREAS:

Preamble: Whereas the Real Estate Developer is in the business of developing real estate projects in Mumbai and is desirous to engage real estate brokerage services provided by the User who accepts to do the same.

NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS:-

i. Article (1): The foregoing Preamble shall be part and parcel of this Agreement and an integral and complementary part hereof. These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:

a) The User continues to access and use the Website; or

b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.

ii. Article (2): The Parties hereto agree, confirm and acknowledge that this Appointment shall not expressly and impliedly constitute any principal – agent/authority relationship between Developer, and the User. Notwithstanding, anything contained herein after, the User shall procure and solicit business for the project of the Developer and the business so solicited or procured by the User shall be subject to ratification and approval of the Developer.

iii.  Article (3): The User acknowledges that it is mandatory for the User acting as a real estate agent to be registered with Maharashtra Real Estate Regulatory Authority (“MahaRERA”), and further declares that it is registered with MahaRERA. The User agrees, confirms and undertakes to comply with Section 9 and Section 10 of the Real Estate Regulation & Development Act, 2016 (“RERA”) and other provisions of RERA. The User further agrees, confirms and undertakes to explain to the customer clearly and properly about the written terms and conditions of the application form, current prices, designs, and layouts of the Project, Flat, Amenities and other important details of the project, location, etc. before accepting the bookings.

iv.  Article (4): The User declares that it is registered as per the RERA. The User further declares that it has complied with Circular number 41/2023 dated 10^th January, 2023 issued by the MahaRERA and it has sought competency certificate bearing the unique certification number. The User hereby undertakes to provide its KYC details (Aadhar Card, PAN Card, TAN Card, GST Number address proof) of itself/Company/Firm/AOP/HUF along-with the details of its Directors/Partners/Proprietor/Members and Board resolution/authority letter to act as a User. The User further undertakes to provide its RERA Agent Registration certificate to the Developer before soliciting, advertising, marketing, the project to any customer/Allottee or public at large.

v. Article (5): The User admits and undertakes to give professional and transparent presentation to the intending and prospective customers/Allottee(s) to procure applications for residential or commercial floors/ apartments/ shops/ offices, and any other property promoted by the Developer at a certain price and on certain terms and conditions as may be stipulated by the Developer from time to time. The parties are aware and understand that any booking is to be processed only for the RERA registered projects however the User shall assist the Developer in demand analysis, only for the purpose of analyzing the market, the demands, customer preferences with respect to the real estate sector and ongoing investment trends/needs/market requirements without soliciting, marketing or advertising any future/upcoming project or making any demand for payments towards booking amounts or otherwise from potential customers/Allottees.

vi. Article (6): The User agrees to exercise reasonable care and skills in performance of its duties and undertakes to defer from unfair trade practices. The User shall provide training and development program to itself/it’s staff as well as others who deal with the prospective customers/Allottee(s) with complete technical and commercial details, policies and procedures, inter alia specifications of the project. Any false statement or commitments by the User which are beyond the policies and procedures laid down by the Developer could lead to immediate termination of this Agreement and the Developer shall not be held vicariously liable for not issuing default notices to the User prior to such termination.

vii. Article (7): The User agrees to abide by the rules and procedure laid down under the Foreign Exchange Regulation Act, 1973 and Foreign Exchange Management Act, 1999, in so far as the mode of payment and acquisition of immovable property by non-resident Indians and foreign nationals of Indian origin are concerned.

viii. Article (8): The User agrees to conduct its business in a transparent and honest manner, which is not prejudicial to the interest of the Developer in any way and shall always be above board in its dealings with the Developer as also with the customers. In case of any complaint against the User’s conduct, the Developer shall have the right to immediately terminate the present agreement.

ix. Article (9): It is agreed between the parties that all expenses incurred for soliciting inquiries and converting sales shall be borne by the User.

x.  Article (10): The User confirms, agrees and undertakes to not collect or receive cash or payment of any nature by any mode from the potential customer/Allottee(s) towards the purchase consideration instalments. The User confirms, agrees and undertakes to not issue receipts/acknowledgement to the customers/Allottee(s) on behalf of the Developer.

xi. Article (11): The User agrees that it shall not solicit or try to obtain any list of the enquiries or list of the visitors or existing customers booking details in the Developer’s Project through any mode and nor shall the User engage in any tele-calling or send any messages to the pre-enquiry customers/booking holders of the Developer, other than the clients booked and facilitated by User itself.

xii. Article (12): The parties agree that at the time of launch of a project, the Developer shall have sole discretion to accept bookings subject to availability and demand in the project. The User shall not claim or raise any dispute whatsoever with respect to the Allotment and the Developer shall remain indemnified against any third party promises or commitments made by the User.

xiii. Article (13): It is agreed between the parties that any approval/authorization/clearance to be obtained by the User beyond the terms and conditions hereof shall be obtained in writing from the Developer.

xiv. Article (14): The User confirms and agrees that only the rates prevailing on the day on which the booking is accepted by the Developer shall be final and applicable and not the rates which the User may have represented to the customer/Allottee(s) in the discussions prior to the day of booking. The booking facilitated by the User shall always be subject to the confirmation/ acceptance of the Developer. The Developer shall not entertain any request of the User for change in terms and conditions or to commit for interest or commit any rebate or provide default condonation under any circumstances, and no misrepresentation should be given to the customer/Allottee(s) regarding the same.

xv. Article (15): It is agreed by and between the parties that if the User arranges any meetings, conferences, exhibitions, order, visual presentations, and road shows, in individual capacity at the User’s own cost and expenses, then the same may be reimbursed, only with the prior approval of the Developer on the events and budget for expenses.

xvi. Article (16): It is agreed by and between the parties that the Developer shall not be liable for providing to the User any product promotion reimbursements for expenses incurred by the User in conducting social media campaigns, print media campaigns, boards, hoardings, banners, exhibitions, events, liaison, salaries, facilitations/solicitation expenses etc. unless expressly mandated or approved by the Developer.

xvii. Article (17): The parties agree that the details of the User who has first approached and facilitated the booking process of an Allottee(s) with the due consent of that Allottee(s), shall be available with the Developer in its software/ visitors register or systems and the Developer’s data shall be considered as a final and conclusive proof.

xviii. Article (18): The parties agree that in consideration of the brokerage services rendered by the User, the Developer shall pay to the User a commission in Indian Currency on “the sale of a unit/apartment/flat” at a certain percentage of Basic Sale Price (excluding taxes, other charges, club house membership charges) for which registration/booking is received through that User and accepted by the Developer. The parties agree that the said commission percentage payable to the User with respect to a particular sale of unit/apartment/flat shall be determined by the Developer and the same shall be communicated to the User.

xix. Article (19): It is agreed between the parties that the amount of commission due will be paid by the Developer in accordance with Article 18 hereinabove, subject to the condition that Developer has received from the Allottee(s) at least 25% of the Basic Sale price of the property and the intending purchaser of the property has executed and registered the agreement for sale with the Developer. It is agreed between the parties that the commission/brokerage paid to the User shall have to be refunded back to the Developer in case of any cancellation of the booking. The Developer shall be entitled to claim refund of the Commission/brokerage if the booking is cancelled/agreement is terminated any-time before the date of possession. For the sake of clarification, the Developer shall not be entitled to claim refund of the Commission/Brokerage in case of cancellations due to delay in delivery timeline.

xx. Article (20): The User agrees and understands that if and when the User publishes any advertisement or issues any pamphlet or literature, including any social media post regarding the property/project of the Developer, the User shall take the prior approval of the Developer on the text and design of such advertisement, pamphlet, or literature, and unless otherwise agreed, the User alone shall be solely responsible for misrepresentation

xxi. Article (21): No advertisements, marketing, or sales of the Project shall be made by the User prior to registration of the Project with MahaRERA and prior to the official launch of a Project by the Developer.

xxii. Article (22): It is agreed between the parties that any advertisement released by the User in its individual capacity must be approved for design, type, size, creative, project details, project specifications, price range, Project’s logo and identity, by the Developer.

xxiii. Article (23): The User undertakes to release all advertisements in compliance with Advertising Standards Council of India and the provisions prescribed by and under RERA, its Rules, Regulations, Orders and Circulars. The User agrees and undertakes to comply with Rule 14(2) of the Maharashtra Real Estate (Regulation and Development) (Registration of Real Estate Projects, Registration of Users, Rates of Interest and Disclosures on Website) Rules, 2017 and Order No. 46B/2023 read along with Order No. 46/2023 and any other relevant circulars, order or applicable laws that may be effective and prevalent in the future.

xxiv. Article (24): The User declares that the User shall not offer any discounts on the basic sale price in writing or by way of any advertisements at any point of time unless expressly approved by the Developer.

xxv. Article (25): The User undertakes to indemnify the Developer from any losses, liabilities, claims, actions, damages, penalties, litigations due to misrepresentation, breach of the terms and conditions of the present agreement or violation of the provisions of RERA or any other applicable laws, by the User. The User further undertakes to not receive any payment in its own account by purportedly acting as representative of the Developer. All the payments from the Allottee(s) with regards to a Real Estate Project are to be received by the Developer in the designated RERA Accounts of the Developer only. 

xxvi. Article (26): It is agreed between the parties that the Developer shall not be held responsible for anything done by the User beyond and in contravention of the terms and conditions mentioned herein.

xxvii. Article (27): It is agreed between the parties that the User shall not misrepresent any fact or information regarding the Developer’s projects or indulge in any fraudulent or misleading activity, replicate project and/or Project/Developer’s website/social media handles/google listing in any manner whatsoever or post any false or misleading content on its web portal/social media handles/google listing.  The User shall also not book/block/use websites/domains similar to the Developer’s project name/domain name nor put up a website which is similar in look and feel of the official website of the Developer and/or its group companies/firms amounting to fraudulent misrepresentation, identity theft and infringement of intellectual property rights of the Developer. The User hereby indemnifies the Developer from any losses, damages, liabilities, penalties, claims, disputes, litigations that may arise due to aforesaid illegal, violative or irresponsible acts of the User.

xxviii. Article (28): It is agreed between the parties that this arrangement shall remain in force until terminated by either party or either of the party is declared as blacklisted/ non-compliant/ barred/ deregistered as the case may be, by MahaRERA. The Developer reserves the right, in its sole discretion, to unilaterally terminate the User's access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

xxix. Article (29): It is agreed between the parties that if any dispute or difference arises between the User and the Developer, the courts at Mumbai alone shall have jurisdiction in all matters arising out or in connection with all disputes and differences.

xxx. Article (30): The terms of this Agreement shall bind the Parties as well as their respective heirs, trustees, agents, beneficiaries, executors, administrators, predecessors, successors and assigns and/or persons claiming by/through/under them.

xxxi. Article (31): The delay or indulgence on the part of the Developer in enforcing any of the terms hereof, or any forbearance or giving of time shall not be construed as waiver on their part of any breach or non-compliance of any other terms and conditions hereof by the User nor shall the same in any manner prejudice any of the Developer rights hereunder.