Terms & Conditions

Introduction

By accessing or using the Top Selling Property website (www.topsellingproperty.com) or mobile applications (collectively, the “Platform”), you agree to be bound by these Terms and Conditions (“Terms”) and our Privacy Policy. The Platform is owned and operated by ESSOTTO PRIVATE LIMITED (the “Company”), a company incorporated under the laws of India, having its registered office at Plot No.120, BMTC Complex, 18th Depo, EPIP Area, Near Vydehi Hospital, ITPL, Whitefield, Bangalore, Karnataka, India – 560066. These Terms constitute an electronic record under the Information Technology Act, 2000 and applicable rules, and do not require any physical or digital signatures. PLEASE READ THESE TERMS CAREFULLY before using the Platform. If you do not agree with any provision, you should not use the Platform or any services offered through it.

The Platform is a digital real estate advertising and information service connecting property owners, buyers, tenants, and real estate professionals. Top Selling Property is an intermediary platform that allows users to post property listings and related content. The Company does not act as a real estate broker or agent, does not verify listings, and is not a party to any sale, lease, or other transaction between users. The Platform and Services are provided on an “as-is” basis without warranties, and your use of the Platform signifies your agreement to these Terms.

Definitions

“Platform” or “Service” refers to the Top Selling Property website (www.topsellingproperty.com) and any Top Selling Property mobile applications, including all features, tools, and services provided therein.

“Company” (also “we”, “us”, or “our”) refers to ESSOTTO Private Limited, the owner and operator of Top Selling Property.

“User” (also “you” or “your”) means any person or entity who accesses, browses, or uses the Platform in any manner, including individuals listing properties (“Advertisers”) and those searching (“Visitors”).

“Listing” means any real estate property advertisement, listing, post, or related content published on the Platform by a User.

“Content” means all information, text, images, videos, listings, messages, or other material submitted, posted, or displayed by Users on the Platform.

“RERA” refers to the Real Estate (Regulation and Development) Act, 2016 (India) and the applicable rules and regulations formulated under it by various state Real Estate Regulatory Authorities.

Services Provided

• Property Listings: post real estate listings (description, price, location, photos, etc.).
• Search and Browse: search, browse, and view property listings.
• Contact and Communication: facilitate initial contact between listers and interested buyers/renters.
• Featured Listings & Advertising: paid services such as featured listings or premium placement.
• Ancillary Services: links to third-party services; use of such services is subject to third-party terms.

Important: We do not verify authenticity or legality of listings, identities, or property conditions, and we do not provide brokerage or advisory services. All negotiations are strictly between users.

User Obligations and Responsibilities

• Provide Accurate Information for accounts and listings; obtain necessary rights/authorizations to post content.
• Comply with applicable laws and RERA requirements; ensure required licenses/registrations.
• No unlawful or prohibited content; Company may remove violating content.
• No misuse of Platform (spam, scraping, hacking); keep credentials secure and notify us of unauthorized use.
• Content Ownership: post only content you have rights to; do not infringe third-party rights.
• No Agency: using the Platform does not create any agency or partnership with the Company.
• Consequences of Violation: Company may remove content, suspend/terminate accounts, and cooperate with authorities.

Payment Terms and Refund Policy

Certain services are paid (e.g., premium listing packages, featured property slots, advertising services). Fees are shown in INR and payable in advance via trusted payment gateways.

• No Refunds Policy: all payments are final and non-refundable, except at the Company’s sole discretion in exceptional circumstances.
• Chargebacks and disputes may result in suspension of services; related bank charges may be recovered from you.
• Invoices and taxes: invoices/receipts will be issued; you are responsible for applicable taxes.
• Company may cancel a paid service that violates Terms; pre-activation cancellations are typically refunded.

Content Accuracy and No Endorsement

All listings are user-provided. We do not verify properties or users. Buyers/tenants must independently verify details (existence, title, RERA status, pricing, etc.). The Company does not endorse any property, developer, broker, lender, or third party appearing on the Platform.

The Platform may contain third-party content/links for convenience; we do not guarantee their accuracy and are not responsible for third-party products/services.

Intellectual Property Rights

All platform content (excluding user-generated listings) is owned by the Company or its licensors and protected by IP laws. “Top Selling Property” and related marks are trademarks of the Company; no license to use them is granted by merely accessing the Platform.

By posting Content, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, host, display, distribute, adapt, and create derivative works for operating and promoting the Platform. You represent and warrant you have necessary rights to your Content.

Disclaimers of Warranties

The Platform and services are provided on an “as is” and “as available” basis without warranties of any kind. We are an intermediary under the IT Act, 2000. We do not guarantee accuracy, availability, or outcomes.

No professional advice is provided; users should seek independent legal/financial advice.

Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special, consequential, or exemplary damages. Maximum liability, if any, shall not exceed fees paid by you in the preceding six months or INR 1,000, whichever is lesser.

No liability for listing outcomes or technical issues beyond our reasonable control.

Indemnification

You agree to indemnify and hold harmless the Company and its affiliates from claims arising out of your use of the Platform, your Content, your breach of these Terms or laws, or your infringement of rights of others.

RERA Compliance (For Builders, Developers, and Agents)

Agents, brokers, builders, and promoters must comply with RERA, including registrations and mandatory disclosures. The Company does not verify RERA compliance and is not a “real estate agent” under RERA; users should verify details independently. Listings violating RERA may be removed and reported.

Governing Law & Dispute Resolution

These Terms are governed by the laws of India. Exclusive jurisdiction lies with the courts at Bengaluru, Karnataka. Parties should first attempt amicable resolution. Optional arbitration may be elected by the Company under the Arbitration and Conciliation Act, 1996, in Bangalore, in English, before a sole arbitrator.

Changes to the Terms

We may modify these Terms at any time by posting updated Terms on the Platform (Effective Date will be updated). Continuing to use the Platform after updates means you agree to the revised Terms.

Contact & Grievance Redressal

Miscellaneous

These Terms and referenced policies constitute the entire agreement. If any provision is held invalid, the remainder will continue in effect. No waiver is deemed continuing. You may not assign these Terms without consent; the Company may assign as part of a reorganization or sale. Headings are for convenience only.