Terms & Conditions

Hills & Wills Real Estate Private Limited (hereinafter referred to as “Hills & Wills”) is a Company incorporated under the Companies Act, 2013 (Act No.18 of 2013), having its registered office at 51A/68C, P&T Colony, Tuticorin, Tamil Nadu-628008.This website www.hillsandwills.com (herein after referred to as “the website”) is owned by Hills & Wills and these terms and conditions along with the privacy policy constitutes a legally binding agreement between Hills & Wills and the Users, using the website and services mentioned therein.

BY ACCESSING THE WEBSITE AT ANY TIME OR REGISTERING IN THE WEBSITE OR CLICKING “I AGREE TO “HILLS & WILLS’TERMS & CONDITIONS” OR FILLING ANY FORMS IN THIS WEBSITE OR USING THIS WEBSTE IN ANY OTHER MANNER, THE USER UNDERTAKES AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS MENTIONED HEREUNDER AND ENTER INTO THIS AGREEMENT WITH HILLS & WILLS WHICH SHALL REPLACE ALL PREVIOUS ARRANGEMENTS BETWEEN THE USER AND HILLS & WILLS TO ACCESS THIS WEBSITE AND SERVICES MENTIONED THEREIN. 

THE USERS SHALL READ THIS TERMS AND CONDITIONS BEFORE USE OF THIS WEBSITE IN ANY MANNER WHATSOEVER. IF THE USER DOES NOT AGREE TO ANY OF THE TERMS AND CONDITIONS AND PRIVACY POLICY, THEY SHALL NOT USE OR ACCESS THIS WEBSITE AND THE SERVICES MENTIONED THEREIN.

HILLS & WILLSRESERVES THE RIGHT TO MODIFY THIS TERMS AND CONDITIONS AND PRIVACY POLICY AT ANY TIME WITHOUT NOTICE AND IT SHALL BE EFFECTIVE FROM THE TIME AND DATE ON WHICH SUCH MODIFICATIONS ARE DISPLAYED IN THIS WEBSITE. THE USERS SHALL READ THIS TERMS AND CONDITIONS PERIODICALLY AND PRIOR TO USE THIS WEBSITE AT ANYTIME. IT IS PRESUMED THAT THE REGISTERED USERS ARE ALSO AWARE OF ANY MODIFICATIONS WHATSOEVER IN THE TERMS AND CONDITIONS THAT HAS TAKEN PLACE POST THEIR REGISTRATION WITH HILLS & WILLS VIDE THE WEBSITE

I. DEFINITIONS

‘Account’means and includes the account created on this website by the User in accordance with the terms of the Agreement through registration and approved by Hills & Wills.

‘Act’ means and includes The Real Estate Regulation and Development Act (RERA), 2016, The Indian Contract Act, 1872, The Legal Metrology Act, 2009, The Information Technology Act, 2000, Intellectual Property Laws, Copyright law and any other act for the time being in force, as amended and read with any rules and regulations that might be framed thereunder. By accessing this website, the User agrees that the Indian laws shall be governing this terms and conditions.

‘Advertiser’ means those who advertised a property on the website for sale or rent and includes owner, builder, promoter who are the legal owners of a property and real estate agency, individual realtor those who got authorization, permission or power of attorney from the legal owner of a property to advertise it on this website.

‘Agreement’ means and includes the completed forms in the website, the completed application forms, any email / WhatsApp confirmations by User to Hills & Wills, this Terms & Conditions, Privacy Policy stated in this website, any other terms and conditions agreed upon between the Users and Hills & Wills in writing with respect to the Service. This agreement shall be deemed to have been executed at Tuticorin, Tamil Nadu, India.

‘A to Z Sale Assistance’ means an Add-On support by Hills & Wills to the User who listed property for sale which includes enquiry call handling, site visit handling for the User who wishes to buy it, bank loan assistance, co-ordination in documentation and registration and excludes negotiation, commercial terms / dealings and legal aspects of the property which shall be handled between the Users who wish to sell and buy. This service is only and exclusively limited to the territorial jurisdiction of State of Tamil Nadu and presently at Kodaikanal and Nilgiris only.

‘A to Z Buying Assistance’ means an Add-On support by Hills & Wills to the User upon their request who wish to buy a property but does not find a match in the website property listing. It includes property sourcing digitally or vide real estate network, site visit assistance, bank loan assistance, co-ordination of documentation and registration and excludes negotiation, commercial terms / dealings and legal aspects of the property which shall be handled between the Users who wish to sell and buy. This service is only and exclusively limited to the territorial jurisdiction of State of Tamil Nadu and presently at Kodaikanal and Nilgiris only.

‘Closure of deal’ means scheduling the registration in the case of sale/purchase of property  or signing the rental / lease agreement in the case of rent / hire / lease of a property.

Contact Count’ means the number of property advertiser contact details a buyer can view in the website which depends on the subscription plan they had purchased.

‘Content’ means and includes but not limited to information, data, images, sketches, photos and videos whatsoever.

Hills & Wills’ includes Hills & Wills Real Estate Private Limited, its directors, employees, representatives and this website www.hillsandwills.com.

‘Privacy Policy” means the policy as provided in the privacy policy page of this website.

‘Property’ means and includes independent houses, row houses, villas, bungalows, apartments, farm houses, residential plots, residential lands, agriculture lands, farm lands, estates, resorts, cottages, commercial and other immovable properties situated in the hill stations or hills across India.

‘Services’ means and includes the services provided by Hills & Wills to the Users:

  • To post property listing for the purpose of sale / renting / leasing
  • To find property through this website for buying / renting
  • In connecting sellers / advertisers and buyers of the property to identify each other
  • In connecting owners / advertisers and tenants of the property to find each other
  • In sourcing and offering property to buy / hire / lease as per their custom requirement
  • To purchase advertisement space on this website
  • To receive notification and promotional messages through email, WhatsApp and SMS
  • In hill realty advisory, property photo shoot, enquiry handling, site visit assistance, bank loan assistance, documentation, registration co-ordination, construction assistance, renovation assistance and property monitoring assistance in specific hill stations (At present only in Kodaikanal, Ooty, Coonoor, Kotagiri, Gudalur and rest of Nilgiris in Tamil Nadu alone at present)

‘User’ means and includes any person or entity, by whatever name they are called and wherever they are located, who visit / browse this website, who list / advertise / subscribe on this site, who uses this website and service therein or with whom Hills & Wills has entered into an agreement for providing any services on its offer.

II. GENERALPROVISIONS

  • Nullity or invalidity of one or multiple provisions of these terms and conditions shall not affect the validity of the remaining provisions.
  • The application of any deviating terms and conditions general or otherwise in use by the User is expressly precluded.
  • A word indicating a specific gender includes all gender / indicating singular includes plural

III. HILLS & WILLS

The Users understand, agree and acknowledge that

Hills & Wills is an online platform providing intermediary service of exchange of information between users who lists properties at free of cost for sale / rent / lease and the users who searches it for the purpose of buy / hire / lease to interact each other for the purpose of sale / buy / renting / lease of properties across Indian hill stations.

Property Photo Shoot and A to Z Sale assistance for the User who wishes to sell their property and A to Z Buying assistance for the User who wishes to buy property against customized requirement are available only in specific hill stations of Tamil Nadu state alone under TNRERA registration. This extended service is not applicable outside the territory of Tamilnadu at present.

Hill realty advisory by Hills & Will about market trend, construction, renovation and property monitoring are free of cost to its clients as a knowledge help support only and Hills & Wills will not do construction or renovation or property monitoring in any manner whatsoever.

IV. POSTING AND LISTING MANAGEMENT

The Users understand, agree and acknowledge that

Only properties located in hill stations across India are strictly eligible for posting in this website.

Property can be posted only by Users who hold the legal rights of the property or have obtained prior permission / power of attorney from the legally entitled owners of the property to advertise such property online. If it is objected or reported that a property is posted by a User, without prior permission / power of attorney from the owner, such listing will be suspended immediately and if such unauthorized advertising is not clarified by the User within 24 hours from the date and time of suspension of such advertisement with proof of property ownership or authorization to advertise, it shall be removed permanently and such User account shall also be suspended or terminated in entirety without any intimation to such defaulting user.

Posting can be done only after registration by a User using their email id and phone number. Hills & Wills shall verify the account requesting one time password from the User which they would receive vide SMS.

A User is authorized to create only one account and is barred from creating additional accounts. Hills & Wills reserves the rights to verify it and if it is found that a User has created multiple accounts, all of them will be terminated without any intimation to such user.

User can do multiple property listings from their account but the same property shall not be posted multiple times or under different category. If duplication of listing is found, it will be removed without any intimation to such user.

After posting a property, Hills & Wills may call the User vide their registered mobile number for any clarification or additional information before publishing it for listing only for the purpose of maintaining the quality of the listing, if found necessary. If the User does not respond or clarify or provide information when requested, the property will not be listed.

After posting a property, Hills & Wills shall have the right to modify the property description based on the input / content given by the User for the purpose of maintaining the quality of listing, if found necessary. The User shall verify the listing and report in case of non-acceptance of any terms on description within 24 hours from the time and date of receipt of intimation of property being published from their registered email id to help@hillsandwills.com, if not the aforesaid modifications of description shall be deemed to have been accepted by the User.

After publishing a property listing on the website, Users will not be able to edit any of its content from their account. If they need alteration, they shall send an official request from their registered email id to help@hillsandwills.com within 24 hours of receipt of intimation of property being published. Requests made after lapse of the aforementioned time frame and requests made in any other mode other than the one abovementioned shall strictly be not entertained.

Property listings are valid for specific period and they will be displayed until expiry of such period only irrespective of any technical glitches, maintenance of this website or any other reasons whatsoever.

If the property listed is sold out before the listing validity, the User shall either delete their listing from their account or intimate Hills & Wills from their registered email id to help@hillsandwills.comwithin 2 days from the date of sale, for deleting it’s listing in order to avoid any inconvenience to the Users who wish to buy it.

While Hills & Wills shall take all reasonable efforts for data backup, however the Users shall be solely responsible for retaining back-up copies of all information, photographs and other materials posted on this website and furnished to Hills & Wills. Hills & Wills shall not be liable for loss of ay data posted on this website.

Specific advertisement plans are valid for certain period of time and irrespective of the listing validity, any technical glitches, maintenance of this website or any other reasons whatsoever.

Hills & Wills shall have the sole authority to choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Hills & Wills.

In case, the Users are covered under the RERA, they shall have to ensure adherence to all compliance requirements of RERA act. Such Users shall disclose all information as required by the appropriate authority to the Users who are interested to buy such property and to Hills & Wills with respect to RERA act as and when required. Hills & Wills will, in its sole discretion shall terminate the accounts of the Users who refuse to provide such information or violate the provisions laid down in RERA and rules attached therewith.

V. USER ADD-ON SUPPORTS TO SELL PROPERTY 

The Users understand, agree and acknowledge that

Add-On supports like Digital marketing, Top banner Ad, Property photo shoot and A to Z sale assistance are optional which can be enabled only from the account by the User who has listed their property for sale and wish to increase the property advertisement visibility or  to accelerate the sale process.

Property Photo Shoot and A to Z Sale assistance are available only in specific hill stations (At present in Kodaikanal, Ooty, Coonoor, Kotagiri, Gudalur and rest of Nilgiris alone)

A to Z Sale assistance can be enabled buy Users if they are living away from the hill station or having difficulty in handling enquiries / site visits / communication / sale process. Upon enabling it, Hills & Wills will handle the enquiry calls, site visits, documentation and registration co-ordination. Only upon satisfactory site visit and confirmation of interest to buy it, the contact details will be exchanged between the Users for further sale process proceedings among themselves. Only the user agree to this shall enable A to Z sale assistance.

A TO Z SALE ASSISTANCE ADD-ON SUPPOR IS AVAILABLE ONLY WITHIN TAMIL NADU STATE. HILLS & WILLS WILL NOT BE INVOLVE IN LEGAL ASPECTS OF THE PROPERTY AND COMMERCIAL TERMS / DEALINGS OF THE SALE WHICH SHALL BE DEALT DIRECTLY BETWEEN THE USER WHO ADVERTISE / OWN THE PROPERTY AND THE USER WHO WISH TO BUY IT AND IT SHALL BE THEIR SOLE RESPONSIBILITY

VI. USER ADD-ON SUPPORTS TO BUY PROPERTY 

The Users understand, agree and acknowledge that

A to Z buying Assistance are available only in specific hill stations (At present in Kodaikanal, Ooty, Coonoor, Kotagiri, Gudalur and rest of Nilgiris alone)

A to Z buying assistance shall be enabled only when a user does not find a matching property in Hills & Wills listing and the User wants Hills & Wills to source it for them exclusively in accordance to their requirement. It is optional and can be enabled by the User from their account only

Upon enabling it, Hills & Wills will source a property digitally or through its network matching to the primary criteria of User requirement like hill station, budget and property category (independent house, villa, apartment, land, plot, estate, resort, commercial property) and offer it to them within in 6 months time which may or may not meet other / secondary criteria of User requirement. In addition Hills & Wills will assist for site visit, co-ordinate documentation and registration.

A TO Z BUYING ASSISTANCE ADD-ON SUPPORT IS AVAILABLE ONLY WITHIN TAMIL NADU STATE, HILLS & WILLS WILL NOT INVOLVE IN THE LEGAL ASPECTS OF THE PROPERTY AND COMMERCIAL TERMS / DEALINGS OF THE SALE WHICH SHALL BE DEALT DIRECTLY BETWEEN THE USER WHO OWN / ADVERTISE THE PROPERTY AND THE USER WHO WISH TO BUY IT AND IT SHALL BE THEIR SOLE RESPONSIBILITY.

VII. SUBSCRIPTION

The Users understand, agree and acknowledge that

CONTACT DETAILS OF THE USER WHO LISTED THEIR PROPERTY FOR SALE CAN BE VIEWED / RECEIVED BY THE USERS WHO WISH TO BUY IT, UPON PAYMENT OF SUBSCRIPTION FEE ONLY. THIS IS IN ORDER TO MAINTAIN THE QUALITY OF LEADS TO THE USERS WHO LISTED THEIR PROPERTY FOR SALE AND TO AVOID THE USERS WHO ARE NOT SERIOUS IN BUYING A PROPERTY

THE USER WHO LISTED THE PROPERTY FOR SALE BE DEEMED TO BE THE LEGALLY ENTITLED OWNER OF THE PROPERTY OR REALTOR OR REAL ESTATE AGENCY OR BUILDER OR PROMOTER OR AN ENTITY, ETC WHICH HILLS & WILLS WILL NOT BE VERIFYING IT

IN THE CASE OF *TAGGED PROPERTIES, INSTEAD OF THE CONTACT DETAIL OF THE USER WHO ADVERTISED THE PROPERTY FOR SALE, HILLS & WILLS CONTACT DETAILS WILL BE EXCHANGED TO THE USERS WHO WISH TO BUY THOSE SPECIFIC PROPERTIES AND VIEW ITS CONTACT, SINCE THEY ARE A TO Z SALE ASSISTANCE ADD-ON SUPPORT REQUESTED BY USERS WITH HILLS & WILLS. USER WHO CLEARLY UNDERSTAND AND COMPLETELY AGREE TO THIS ALONE CONTACT *TAGGED PROPERTIES TO BUY OR THEY SHALL NOT CONTACT SUCH PROPERTIES, IF A CONTACT COUNT IS WASTED BY A USER WITHOUT UNDERSTANDING THIS AND END UP IN CONTACTING HILLS & WILLS, IT SHALL NOT BE RESPONSIBLE FOR IT AND SUCH CONTACT COUNT WILL NOT BE REDEEMED

Subscription can be done only after registration by a User using their email id and phone number. Hills & Wills shall verify the account requesting one time password from the User which they receive through SMS

Hills & Wills offers different subscription plans and it is the responsibility of the Users to analyze and choose a plan suitable to their requirement since the plans can never be upgraded or interchanged.

Hills & Wills reserves the rights to change the subscription fee or subscription plan itself or features in it, at anytime without prior intimation to the Users.

There is no subscription fee for the rental properties wherein the contact details of the User who advertised the property on the website for rent and the User who is interested to hire / lease it will be exchanged for free through SMS for further proceedings between them.

VIII. PROPERTY ALERTS

If a User doesn’t find a matching property from this website listing to buy / rent, they can Set Property Alert for free. In such cases, the Users understand, agree and acknowledge that Hills & Wills reserves the rights to notify them upon listing of matching property on this website through email / SMS / WhatsApp and call them regarding it till they unsubscribe it.

IX. PAYMENTTERMS

The Users understand, agree and acknowledge that

  • Property listing on Hills & Wills is free of Cost
  • Digital marketing fee, Top banner Ad fee, Property photo shoot fee, Advertisement fee in A to Z shall assistance and Property Sourcing fee in A to Z buying assistance shall be paid in totality without any due in advance.
  • In the case of A to Z sale Assistance, Marketing fee as specified in this website shall be paid by the User upon closure of deal and on or before the time of registration of that property without protest. They shall hereby indemnify Hills & Wills for any loss incurred in case of non-adherence to the abovementioned payment terms.
  • Subscription fee shall be paid in totality without any due in advance by Users to get the contact details of property advertisers who listed property for sale.
  • In the case of A to Z buying Assistance, Service fee as specified in this website shall be paid by the User upon closure of deal and on or before the time of registration of that property without protest. They shall hereby indemnify Hills & Wills for any loss incurred in case of non-adherence to the abovementioned payment terms.
  • In any case of any delay in payment, Hills & Wills reserves the right to charge and claim interest at the rate of 1.5% per month till the time of receipt of the final payment.
  • As the online payments, debit card or credit card payments are done through third party payment gateways and payment aggregators, Hills & Wills shall not be made responsible for the payments made by Users for any issues that rise while transacting through these payment gateways and payment aggregators. Hills & Wills will not store or keep any credit/ debit card data of Users.

X. REFUND TERMS

The Users understand, agree and acknowledge that

  • Digital marketing fee, Top banner Ad, Property photo shoot fee, Advertisement fee of A to Z sale assistance are non-refundable at any cost and under any circumstances whatsoever. Any of these fees paid for a specific property can’t be interchanged for another property.
  • In A to Z sale assistance, Advertising fee paid upfront shall be adjusted in the marketing fee upon sale closure. But marketing fee paid is not refundable at any cost and under any circumstances whatsoever.
  • Subscription fee paid by Users to get the contact details of properties are non-refundable for any reason and under any circumstances. If a User happened to contact a sold property, they can only report ‘Property Sold Out’ through their account and Hills & Wills will verify and redeem the contact count if it is found true.
  • Subscription fee can’t be upgraded to a higher plan at any cost whatsoever.
  • If the User has not consumed their contact counts within the subscription plan validity, it will be lapsed and will not be redeemed for any reason and under any circumstances.
  • In A to Z buying assistance,
    • Sourcing fee paid upfront shall be adjusted in the marketing fee upon sale closure.
    • 50% of sourcing fee shall be refundable, if the property is not able to be sourced by Hills & Wills within 180 days from the date of receipt of Sourcing fee.
    • But service fee paid is not refundable for any reason and under any circumstances.
  • In case of any other payment set offs agreed by Hills & Wills, it has the sole discretion and it reserves its right without prejudice to other rights and remedies that it may have under the applicable laws inforce. Hills & Wills shall not guarantee whatsoever for the accuracy or timeliness of their funds reaching User’s bank accounts.

XI. PROHIBITED & RESTRICTED ACTIVITIES

The Users are restricted to post

  • Any property on which they don’t have legal right or they don’t have legal authorization to represent it or if it belongs to others
  • Any irrelevant properties (non-hill station properties) including properties at foot hills
  • Any property which is in land sliding or other restricted areas by government
  • Same property multiple times or under different category
  • Any property which has litigation or pending cases in the court of law or unfit for registration
  • Any property which doesn’t have access or safe access
  • Any unlawful, evasive, misleading or incorrect contents or Trademarks / Patents infringing contents
  • Any content other than in English language
  • Any content with contact details, brand name or logo
  • Any content belonging to others or generic scenic images
  • Any property on which they don’t have legal right or they don’t have legal authorization to represent it or if it belongs to others
  • Any irrelevant properties (non-hill station properties) including properties at foot hills
  • Any property which is in land sliding or other restricted areas by government
  • Same property multiple times or under different category
  • Any property which has litigation or pending cases in the court of law or unfit for registration
  • Any property which doesn’t have access or safe access
  • Any unlawful, evasive, misleading or incorrect contents or Trademarks / Patents infringing contents
  • Any content other than in English language
  • Any content with contact details, brand name or logo
  • Any content belonging to others or generic scenic images
  • Any content which may cause inconvenience / trouble to others or content objectionable to others in any manner or restricted by government

The users are bound to maintain the confidentiality of the belowmentioned and shall not share

  • Their Hills & Wills account details to others for any activities in this site
  • The contact details which they viewed and received through their subscription to others for any activities

User of age below 18 years shall not access or use this website in any manner. Hills & Wills shall not liable for any activity done in this website by people who are not capable of entering into contract as provided under the Indian Contract Act, 1872.

A User shall not create multiple accounts on Hills & Wills

The Users shall not involve in activities like repeatedly posting a same property in free listing and any other activities which may affect the user experience of this website, reputation and business interest of Hills & Wills.

The Users shall not copy, download, edit, alter, duplicate the content of this website (including images, videos and sketches) and use it in whole or in parts elsewhere directly or indirectly.

The Users shall not copy any of the Hills & Wills business models, concepts, logics, website features, program models, coding, contents or services to create a similar or competitive business for Hills & Wills in any way.

The Users shall not use this website and the services therein for any unlawful purpose or in a way which may affect the reputation, business interest and operation of Hills & Wills.

The Users shall not access or attempt to access anything in this website beyond the service offered to them or beyond the access authorized to them.

The Users shall not breach or attempt to breach the security system of this website / its server in any manner.

The Users shall not try to access this website in any unauthorized manner.

The Users shall not upload or attempt to upload any virus or virus containing software / program / content / image / video or Spam creating contents into this website / its server and shall not do any other harmful things which may affect this website / its server in any manner.

The Users shall not do anything which may overload or unsafe for this website and its server.

The Users who use this website agree to the above terms of prohibited & restricted activities.  The users shall indemnify the loss incurred upon Hills & Wills for breach of any of the abovementioned terms.

XII. MAIN OBLIGATIONS OF USER

The User created an account shall be solely responsible and liable for all the activities through their account. Hence they shall maintain their account details safely without sharing it to anyone and by having strong password and resetting it frequently.

The User who has registered with Hills & Wills irrevocably and unconditionally authorize Hills& Wills for sharing their contact details / content to the users who wish to buy / Sell / hire / lease it, employees / directors / advocates / auditors of Hills & Wills for providing the intended service, statutory agencies upon request and third parties who is part of the intended service.

The User who wish to post a property for sale shall clearly mention about the restrictions, if any as per the local laws of the state where it is located for Users from other states to buy it or extent of purchase.

The User. who posted their property Ad for sale on this website shall

  • Respond to the enquiries in proper manner and within a reasonable time, because the Users who wish to buy your property pay / subscribe and collect your contact details, then contacts you and it should be serious enquiry.
  • Upload a minimum one photograph and video (if possible) of the property in reasonably good quality, clear property description, choose the right features, essential data about a hill property like water source, access, etc and as much as possible optional information requested, for better understanding by the Users about the property.

The User, who requested A to Z sale assistance for their property sale shall

  • Provide complete details about the property, Google location, property address, care taker contact details and fullest co-operation to Hills & Wills for site visits.
  • Make necessary arrangement at site for hassle free and safe visit
  • Provide all the required / necessary documents pertaining to the property to the User who wish to buy it or to Hills & Wills for forwarding it to them without delay for legal verifications.
  • Pay the marketing fee upon closure of deal and on or before the time of registration without fail

The User, who wish to buy a property from Hills & Wills property listing in this website shall

  • Verify all the details about the property as well as its rights, title, ownership, lien etc. on their own.
  • Directly deal the negotiation and commercial terms with the User who advertised that property for sale.

The Users, who wish to buy a custom property in Tamilnadu hill stations and requested Hills & Wills to source it under A to Z buying assistance, shall pay the service fee upon closure of deal and on or before the time of registration without fail.

If a property is sold out or rented out by the Users through any other source, the Users who has listed it, shall intimate the same to Hills & Wills from their registered email ID to help@hillsandwills.comor delete that listing through their account within 2 days from the time of sale or rent out.

If the government or any statutory body or any bank or court, blocked the property survey number of the property or restrict the sale of it for any reason, the Users who posted / advertised the property shall delete their posting from this site within 2 days from the time of knowing about such event.

The User agrees to Hills & Wills for saving required data entered by them (except their financial / credit card / debit card data) and for using it at the discretion of Hills & Wills. However, Hills & Wills shall not be responsible to keep the storage of User details, Content provided by the User, Property listing / its Ad performance details and Subscription / Contact count details after the expiry of listing or subscription plan validity.

The User shall treat any information obtained from this website as personal for their intended purpose and confidential. The User shall not copy, download and present or promote it in any other form with or without alteration in any other online or offline sources for any reason.

The User shall furnish all information and documents reasonably required to enable the execution and realization of the objectives of the agreement.

The User gives consent to Hills & Wills and its associates to send alerts, promotional messages and promotional calls by entering email id or mobile number on this website for any purpose. If the User does not want to receive these kinds of messages, they shall not submit their mobile email id or number in this website or unsubscribe it.

If Users conclude an agreement, partly or fully, on behalf of another person, natural or legal person, then by entering into that agreement they affirms that they are authorized to that effect. The User in addition to the legal person shall be jointly and severally liable for the obligations ensuing from the agreement.

Hills & Wills shall not liable in any manner whatsoever for any kind of consequences arising out of breach of the above mentioned obligations of the user.

XIII. CANCELLATION, SUSPENSION AND TERMINATION

When the property is sold out or rented out or for any other reason pertaining to the Users, the Users shall delete their property posting made by them in this website though their account or by sending email intimation for cancellation to help@hillsandwills.com within 2 days from the day of sale or rent out without fail.

Hills & Wills reserves all the rights to cancel / delete any property posting and advertisement on this website, terminate or suspend the access of the User to this website and related links on its sole discretion and without assigning any reason what so ever or notice to the User, if Hills & Wills finds or has reasons to believe that the User has violated any of these terms and conditions or any applicable law or objected by anyone else. The User is restricted from claiming any damages from Hills & Wills for such cancellation or suspension or termination.

XIV. MAINTENANCE OF WEBSITE / SERVER

Hills & Wills reserves all the rights to do the maintenance of this website and its server as and when required without any notice or assigning reasons to the Users. In such cases, Hills & Wills shall not be liable for any commercial loss or damage to the Users or data loss due to service interruption.

XV. RIGHTS OF HILLS & WILLS

The Users understand, agree and acknowledge that

Hills & Wills reserves the right to

  • Remove / delete a posting without intimation, if it is not a hill station property
  • Delete a listing / advertisement from this website without intimation, if it violates any of the terms of this Agreement or any of the applicable law or for any reason including but not limited to objection by anyone in any manner
  • Remove or discard part of the content in a listing
  • Suspend / terminate / reject / deactivate access to a User or a account without intimation, if there is any violation to the terms of this Agreement or any of the applicable law or for any reason including not limited to multiple account by a user, safe operation of this website, etc
  • Revise, alter or amend the fee, payment terms, terms and conditions at its own discretion anytime without prior notice to Users
  • Modify, suspend or terminate any of the Service or website in full or part including its features and structure without intimation
  • Do the maintenance of this website and its server as and when required without any notice or assigning reasons to the Users
  • Promote the listed properties through any other link, social medial platforms, online and offline resources at its discretion either complete or part of its content without any intimation to the Users who posted it on this website
  • Store User information and content for remarketing / property alert notification or discard it at its discretion
  • Deactivate a User account upon expiry of listing / advertisement / subscription validity
  • Suspend the deactivate the website for Upgradation, maintenance, repair for inspection by statutory agencies
  • Contact the Users who filled any forms / registered on this website / set property alert / visited this website for promotional activities or communications about the services through email / SMS / WhatsApp / Phone Calls / this website

Hills & Wills shall have the sole authority to

  • Choose the manner in which any Property will be searched, displayed, accessed, downloaded, copied, and otherwise used on Hills & Wills
  • Choose the digital marketing strategy of a property advertisement for sale or rent
  • Choose the advertisement strategy of a property for which A to Z sale assistance enabled
  • Choose the sourcing strategy of a property requested under A to Z buying assistance

Hills & Wills shall have the right to handle the enquiries and site visits in the case of * tagged A to Z Sale Assistance Add-On Support enabled properties.

Hills & Wills reserves the right to redeem a contact count to the User who has subscribed and reported a property sold out or to deny it based on the verification by Hills & Wills.

Hills & Wills reserves all the rights to provide special discount offers / free of cost offers to specific users at its discretion.

In the event of failure to pay the marketing fee by a User in A to Z Sale Assistance or service fee by a User in A to Z Buy Assistance, Hills & Wills reserves all the rights to proceed with legal actions on the time of registration or after registration at Hills & Wills discretion against the User/ Users who refuse to pay such fee to recover the same and all the cost towards this shall be to the account of such User / Users.

XVI. PRIVACY POLICY

The Users agree to the privacy policy of Hills & Wills mentioned in privacy policy page of this website.

XVII. INTELLECTUAL PROPERTY (IP) RIGHTS

Logos, Brands and Trademarks appearing in this website are the intangible assets / properties that are either owned by Hills & Wills or used under license by Hills & Wills from its associates. Hills & Wills and its associates own and reserve all rights pertaining to it. Use of these Logos, Brands and Trademarks in any form or manner is strictly prohibited and any violation of this would be an offence under applicable laws. Hills & Wills reserves all rights granted to them under copyright law. ©️ 2020 - 2021, hills & wills or its affiliates.

XVIII. DISCLAIMER

The Users understand, agree and acknowledge that

  • Hills & Wills is an online platform for property listing and never guarantees or warrantees the quantity of leads, quality of leads, sale closure of a property and rent deal closure of a property to the adverting Users at any circumstances through any of its service, since it depends on various conditions like the market demand / dynamics, nature of property, User pricing of property, quality of content, quality of presentation of the property, etc
  • Hills & Wills accepts no responsibility for checking/verifying the accuracy of information, content, image and video submitted or posted by the Users for listing / advertisement.
  • The content of properties listed in Hills & Wills website is shown in ‘as is where is’ and ‘as available’ basis without any warranties. Hills & Wills shall not be responsible for the correctness, completeness, precision, reliability, legality, quality and Intellectual rights of the content displayed. Therefore User agrees to not lodge any claim either directly or indirectly against Hills & Wills in the event of non-availability or difference in the conditions and information or Intellectual right infringement of the property contents listed.
  • It is the sole responsibility of the Users to evaluate the correctness, completeness, precision, reliability, legality, quality and Intellectual rights of information listed in this website and helpfulness of opinions, services, advices provided by Hills & Wills.
  • Hills & Wills shall not be liable for damage results from incorrect or incomplete details or information supplied by the User which got displayed or passed on for further process.
  • The Users are responsible for choosing and interacting with other Users on the site and Hills & Wills is online platform for exchange of information and it shall not be responsible or liable for such activities or non-responsiveness of any User during interaction.
  • Hills & Wills displays popular properties, recent properties, properties in the same hill stations, similar hill station properties and similar properties in the website for User notifications and it does not endorse or recommend any property or User who listed their property for sale or rent.
  • Hills & Wills shall not be responsible for digital marketing if required input and support not provided by the Users or within the time specified in the Add-On supports or for its performance in anyway.
  • Top banner Ad slot and property listing position will vary time to time. Hills & Wills never warrants to any of its User for their property Ad display in specific slot of Top Banner or listing.
  • Hills & Wills shall not be responsible for property photo shoot and A to Z sale assistance, if the required input and support is not provided by the Users or within the time specified in the Add-On supports or the accessibility to the site is believed to be unsafe by Hills & Wills.
  • Hills & Wills shall not be responsible for the negotiation, commercial terms and commercial dealing of the sale closure between Users in any of its service.
  • Hills & Wills shall not be responsible for the legal aspects or lien or disputes of the property listed in this website in any way and it shall be the sole responsibility of Users to wish to buy to verify the same before they decide to buy it.
  • It is the sole responsibility of the Users to do the back ground check of each other in the case of sale of a property listed in this website or offered by Hills & Wills.
  • The services offered by Hills & Wills in one area may differ or not available in other area due to various reasons. Hills & Wills never warranties the Users in an area to provide services offered in another area.
  • Hills & Wills shall not be liable for any delay in delivery of email / SMS or delivery failure of SMS to the Users on usage of this website due to service provider issues.
  • Hills & Wills does not guarantee or warrantee availability of a property listed for sale or rent at any time. Hills & Wills shall not be responsible or liable, if a subscriber happens to contact a sold out or rented out property except redeeming the contact count.
  • Hills & Wills only assists the Users in site visit for *tagged A to Z Sale Assistance properties but it shall be the sole responsibility of the property Users who advertised the property. Hills & Wills shall not be liable for any cost incurred by its Users towards site visits or fulfillment of site visit or result out of it or a property is found sold out or rented out at the time of site visit.
  • Hills & Wills does not guarantee or warrantee for approval of a building / land or eligibility of a land for construction or condition the building or revenue from plantation or revenue from a property at any point of time through any of its service and it is the sole responsibility of the Users to check it before buying any property listed on this website.
  • Hills & Wills scope is limited only till signing the rental / lease agreement and not responsible for anything beyond it in the case of rent / lease of a property. It is the sole responsibility of the Users to do the back ground check of each other in the case of renting / leasing a property listed in this website or offered by Hills & Wills. Hills & Wills shall never be liable for damage incurred by any User, which can be attributed to the tenant of the property.
  • Any User who transacts with Hills & Wills through its website or otherwise shall disclaims all warranties, direct or indirect, statutory or otherwise against Hills & Wills in respect of any issues arise out of the accuracy and completeness of information, fitness of properties dealtwith, contents of the listings, computer software and viruses and any other rights regarding services of Hills & Wills.
  • Users are advised to be cautious while engaging third parties advertised in this website or introduced by Hills & Wills. Hills & Wills shall never be liable for engaging such third parties by the Users and for any damage resulting from their actions. Users agree that they engage such third parties at their own responsibility and will not link Hills & Wills or make any claim on Hills & Wills in the event of any dispute among themselves.
  • If a User access the services of this website from outside India, the User is fully responsible for the compliance of laws of the country from where the User access the services of this website and also applicable International Laws and conventions. Hills & Wills is not liable for any violations of these laws and conventions and the User is fully responsible for it. If any damage whatsoever happens to Hills & Wills due to such violations, Hills & Wills shall claim the damages from that User.
  • Hills & Wills is not responsible for any damages of any kind arising out of or relating to the use or the inability to use Hills & Wills website, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, the Users were intimated or advised of the possibility of such damages.
  • Hills & Wills shall not be responsible or liable for deletion, correction, loss or failure to store the content in part or full.
  • Hills & Wills shall never warrant to Users that the access to this website will be uninterrupted or error-free or free from any computer viruses.
  • Hills & Wills does not guarantee or warranty completion of all transactions or ability of any Users in fulfilling their obligations under any transaction.
  • In any extraordinary circumstance, the maximum liability upon Hills & Wills under this agreement shall only be limited to the amount of fee that has already been paid in the prescribed time frame by the User to Hills & Wills.
  • Hills & Wills shall not be responsible for any dispute arising between its Users for any reason. In case of any dispute between the Users, the Users hereby agree not to make Hills & Wills as a party of the dispute in any manner and not to make any claim against Hills & Wills or its employees or its realtor agents and Users shall deal it among themselves on their own responsibility.
  • Hills & Wills shall not be liable for any loss of information due to any reason and disruption or termination of the service.
  • Hills & Wills shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User’s account and / or informationrelatingtoorregardingonlinetransactionsusingcreditcards/debitcards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
  • Hills & Wills Fee structures, plan features, service offered, terms and subject to modifications and revisions on timely basis without prior notice to the users. The users shall be duty bound to verify the same before each and every time when they access this website.
  • Upon expiry of the listing or subscription plan validity, Hills & Wills shall not be responsible to store or keep User account details, content provided by the User, Listing / Ad performance details, Subscription /  Property contacted details, etc and the User shall not have any right to ask for such information upon expiry of their listing or subscription validity.
  • The users who wish to buy a property shall verify the restrictions if any, as per the local laws of the state where the property is located before viewing the contacts or buying it. Hills & Wills shall not be responsible or liable for the User view contact of a property in anymanner without verifying such restrictions or local laws.

XIX. ARBITRATION

In case of any disputes, Hills & Wills and its Users shall have the right to go for arbitration and settle the disputes between themselves before brining such disputes before the Court. In such case, Hills & Wills shall reserve the right to identify a sole Arbitrator who is a third party, independent and neutral person. The decision of the Arbitrator shall be final and binding on both the parties to the dispute. The proceedings of the Arbitration shall be governed by the provisions of The Arbitration & Conciliation Act, 1996 and the place of arbitration shall be Tuticorin, Tamil Nadu.

XX. JURISDICTION

In case of any dispute or any other matter related to Hills & Wills or this terms and conditions, the Hon. Courts in Tuticorin, Tamil Nadu shall have the exclusive jurisdiction irrespective of the place where the User resides or from where the User accessed / used this website or where the User availed the service

XXI. GRIEVANCE & NOTICE

Any notice to Hills & Wills shall be in English language and shall be addressed ONLY to Hills & Wills registered office mentioned under reach us page of this website.

Any complaint, breach of these terms and conditions, grievance and abuse of this website shall be reported to Mr.M.C.K.Chinnathambi Pandian, Grievance Officer and ONLY at help@hillsandwills.com.