Terms of Service

Please read these Terms of Service (“Terms”, “Agreement”) carefully before using the DS Realty website, mobile application, or any related digital services (collectively, the “Platform”) operated by DS Realty Tech Pvt Ltd (“DS Realty”, “we”, “our”, or “us”).

By accessing or using the Platform in any manner — whether as a homebuyer, property seeker, visitor, referral associate, or any other capacity — you (“User”, “you”) unconditionally accept and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of the Platform.

1. Nature of the Platform

DS Realty is an online real estate information, marketing, and referral distribution platform. We facilitate the discovery of residential and commercial properties in Bangalore, India. DS Realty is not a licensed real estate agent, broker, developer, builder, financial institution, bank, or regulated investment advisor.

DS Realty operates as an authorised real estate referral and marketing distribution platform and may hold applicable registrations under the Real Estate (Regulation and Development) Act, 2016 (“RERA”) where required. Any RERA registration numbers referenced on the Platform pertain solely to the marketing agent status of DS Realty and do not confer any additional rights or guarantees to Users.

All final purchase, sale, lease, or rental agreements are executed exclusively between the User and the respective property developer, builder, or property owner. DS Realty is not a party to any such transaction.

2. User Categories and Eligibility

The Platform serves multiple types of users, each subject to distinct terms as described in this Agreement:

• Property Seekers: Individuals browsing or enquiring about properties for the purpose of purchase, lease, or rental for personal or family use.
• Referral Visitors / Referral Associates: Individuals who bring prospective buyers or tenants to DS Realty through informal word-of-mouth, social media sharing, or any other non-licensed referral activity. See Section 7 for specific terms.
• General Visitors: Individuals browsing the Platform without submitting any enquiry or registering an account.

You represent and warrant that you are at least 18 years of age and legally competent to enter into a binding agreement under applicable Indian law. Use of the Platform by minors is strictly prohibited.

3. RERA-Registered Agents and Licensed Brokers — Absolute and Unconditional Exclusion

Any individual or entity who holds or has held at any time a RERA agent registration, a real estate brokerage licence, a sub-broker authorisation, a channel partner agreement with any builder, developer, or competing real estate platform, or any form of professional intermediary status under the Real Estate (Regulation and Development) Act, 2016, or under any equivalent state or national law — including but not limited to Karnataka RERA, MahaRERA, RERA Maharashtra, Haryana RERA, or any other authority — is absolutely and unconditionally barredfrom participating in the DS Realty Referral Programme, from claiming any referral incentive, commission, finder’s fee, brokerage, or any other monetary or non-monetary benefit from DS Realty in any capacity whatsoever, unless and until they have executed a separate, individually negotiated, duly signed, and notarised Co-Brokerage or Channel Partner Agreement with DS Realty, which has been countersigned by a DS Realty director.

The exclusion in this Section applies regardless of:

• Whether the individual currently has an active RERA registration or whether it has lapsed, been suspended, or been surrendered;
• Whether the individual claims to be acting in a personal and not a professional capacity;
• Whether the individual introduced the Referred Customer before or after accessing the Platform;
• Whether the transaction was completed verbally, digitally, or in writing;
• Whether any DS Realty employee informally acknowledged the referral;
• Whether the individual received any preliminary or informal communication suggesting a commission would be paid.

Any RERA-registered agent or licensed broker who accesses the Platform, generates leads, refers clients, submits enquiries, or introduces Referred Customers does so solely as a general visitor with no referral entitlement whatsoever. DS Realty shall have absolutely no obligation to pay any sum of any kind to such a person arising from any such activity on the Platform.

If DS Realty determines at any time — including after a transaction has been completed — that any benefit was obtained by a RERA-registered agent or broker through misrepresentation of their professional status, by concealment, or by any other fraudulent or deceptive means, DS Realty shall be entitled to: (a) immediately recover the full value of any benefit paid; (b) pursue civil and criminal remedies under applicable Indian law including the Indian Penal Code, 1860, and the Prevention of Money Laundering Act, 2002; and (c) report the individual to the relevant RERA authority for disciplinary action. The burden of proving non-professional status lies entirely with the claimant.

4. Information Accuracy and No Warranty

All property listings, pricing, floor plans, possession schedules, amenities, project specifications, regulatory approvals, RERA registration details, carpet areas, super built-up areas, and any other information displayed on the Platform is sourced from third-party developers, builders, property owners, and publicly available regulatory filings. DS Realty does not independently verify, audit, or certify the accuracy, completeness, or currency of any such information.

DS Realty makes no representation, warranty, or guarantee, express or implied, regarding:

• The accuracy, completeness, reliability, or timeliness of any listing, pricing, or property data;
• The legal title, encumbrance status, or ownership of any listed property;
• The fitness of any property for any particular purpose;
• The current availability of any property at any stated price;
• That any property will be delivered on the stated possession date;
• That any builder, developer, or landlord will fulfil their stated obligations;
• That any property complies with all applicable laws, building codes, or environmental regulations.

Information on the Platform is provided “as is” and “as available” without any warranty of any kind. You rely on any information displayed on the Platform entirely at your own risk.

5. No Financial, Investment, or Legal Advice

Nothing on the Platform constitutes financial advice, investment advice, legal advice, tax advice, or any form of professional advice of any kind. All content, tools, calculators, market trend data, price estimates, valuation indicators, and any other information provided on the Platform is for general informational and illustrative purposes only.

DS Realty is not a SEBI-registered investment advisor, a Reserve Bank of India regulated entity, a licensed financial planner, a practising advocate, or a chartered accountant. We do not provide portfolio management services, securities advice, home loan advisory services, or any regulated financial service.

Real estate transactions involve significant financial risk. Property values can decrease as well as increase. Past performance of property prices in any locality is not indicative of future results. You should independently consult qualified financial advisors, legal counsel, and tax professionals before making any real estate investment, purchase, lease, or sale decision. DS Realty accepts no responsibility whatsoever for any financial loss, investment loss, opportunity cost, or damage of any kind arising from your reliance on any information on the Platform.

6. Artificial Intelligence Tools — Important Disclaimer

The Platform may include AI-powered features including but not limited to property recommendation engines, natural language chat assistants, price estimation tools, market trend summaries, and automated advisory responses (collectively, “AI Tools”).

You expressly acknowledge and agree that:

• All AI Tools are experimental and provided for informational purposes only. They are not substitutes for qualified professional advice;
• AI Tools are powered by large language models and machine learning systems that are inherently probabilistic in nature. They can and do produce inaccurate, incomplete, outdated, misleading, or factually incorrect outputs;
• AI-generated property valuations, price estimates, market analyses, and recommendations are not appraisals and carry no legal or financial standing whatsoever;
• AI chat responses do not constitute legal advice, financial advice, or any form of binding commitment from DS Realty;
• DS Realty does not guarantee the accuracy, reliability, or fitness of any AI-generated output for any purpose;
• You must independently verify any information or recommendation produced by our AI Tools before acting on it;
• DS Realty accepts no liability for any decisions made, actions taken, or losses incurred based on outputs from AI Tools.

The AI Tools are made available on a best-effort basis. DS Realty reserves the right to modify, suspend, or discontinue any AI feature at any time without notice.

7. Referral Visitor Programme — Strict Terms, Conditions, and Commission Rules

7.1 Who May Participate

The DS Realty Referral Visitor Programme is open solely to private individuals acting in a purely personal capacity, who are not and have never been RERA-registered real estate agents, licensed brokers, sub-brokers, or professional real estate intermediaries of any kind (“Referral Visitors”). By participating, you warrant and represent that you meet these eligibility criteria at the time of each and every referral. DS Realty may require proof of non-professional status at any time and may suspend or disqualify any Referral Visitor pending verification.

7.2 Absolute No-Commission Default — All Referrals

No referral of any kind — whether made verbally, in writing, through WhatsApp, email, SMS, social media, or any other channel — creates any obligation for DS Realty to pay any commission, brokerage, finder’s fee, referral incentive, gift, reward, or benefit of any monetary or non-monetary kind. The default position under these Terms is that no commission is owed, payable, or implied for any referral under any circumstance unless all of the following strict and cumulative conditions are individually satisfied without exception:

• DS Realty has issued a unique, individually addressed, written Referral Incentive Confirmation (“RIC”) to the specific Referral Visitor, referencing the specific Referred Customer by name and the specific property or project by name;
• The RIC bears the original wet-ink or verified digital signature of a DS Realty director or a specifically authorised signatory — no other DS Realty employee, sales representative, relationship manager, or agent has authority to issue a valid RIC;
• The RIC was issued prior to the Referred Customer first contacting DS Realty through any channel — referrals submitted after a customer has already registered, enquired, visited, or been contacted by DS Realty through any means are not eligible for any incentive;
• The Referred Customer completes and fully funds a valid, legally documented property booking, sale, or lease agreement through DS Realty, with all booking amounts and applicable payments cleared and confirmed by DS Realty;
• The transaction is not cancelled, rescinded, reversed, refunded, or disputed by any party within 90 days of booking;
• The Referral Visitor has submitted a valid, government-issued photo identity document and a self-declaration of non-professional status to DS Realty in writing, prior to or at the time of the referral;
• The Referral Visitor has provided a valid PAN card and bank account details in their own name for the purposes of lawful payment and tax deduction at source (TDS) in accordance with applicable Indian income tax law;
• The Referral Visitor is not, at the time of referral or payment, the subject of any dispute, complaint, or legal proceeding involving DS Realty or any developer or builder listed on the Platform;
• The Referral Visitor has not, at any point during the referral process, directly or indirectly demanded, solicited, or collected any payment, commission, or consideration from the Referred Customer;
• The Referral Visitor has not breached any obligation under these Terms at any time prior to or after the referral.

The failure to satisfy any single one of the above conditions, regardless of all other conditions being met, shall render any commission claim null and void in its entirety. DS Realty’s determination of whether conditions are satisfied is final and binding. No partial commission, pro-rata payment, or alternative compensation shall be due in place of a disqualified commission.

Verbal assurances, emails from non-director staff, WhatsApp messages, social media communications, informal promises, or any communication that is not a formally issued and validly signed RIC shall have no legal effect and shall not bind DS Realty in any way. Any Referral Visitor who relies on such informal communications does so entirely at their own risk and shall have no recourse against DS Realty.

7.3 Time Limit to Raise Commission Claims

Any claim for a referral incentive or commission must be raised in writing to DS Realty within 30 days of the Referred Customer’s property booking being confirmed. Any claim raised after this 30-day period shall be absolutely time-barred and shall not be considered under any circumstances, regardless of the merits of the claim. This limitation period is a condition precedent to the right to claim and cannot be waived.

7.4 Disqualification and Clawback

DS Realty reserves the right, at its sole and absolute discretion, to immediately and permanently disqualify any Referral Visitor from the programme and to withhold or recover any incentive already paid, in the event that:

• The Referral Visitor is found to hold or have held any RERA registration or professional brokerage credential at any time;
• The Referral Visitor provided false or misleading information at any stage of the process;
• The Referral Visitor collected or attempted to collect any fee, commission, or payment from the Referred Customer;
• The Referred Customer raises a complaint of harassment, misrepresentation, or pressure selling against the Referral Visitor;
• The Referral Visitor is found to have simultaneously referred the same customer to competing real estate platforms, developers, or brokers;
• The transaction is cancelled or reversed for any reason whatsoever, including cancellation by the builder or developer;
• The Referral Visitor has, at any time, shared, posted, or published any false, defamatory, or misleading content about DS Realty, its employees, or its listings on any platform.

Where a commission has already been paid and a disqualifying event is subsequently discovered, DS Realty shall be entitled to recover the full amount paid by deduction from future payments, civil suit, or any other legal remedy available under Indian law. The Referral Visitor shall reimburse DS Realty within 15 days of written demand.

7.5 No Exclusivity, No Priority, No Guaranteed Allocation

Participation in the Referral Visitor Programme confers no exclusive rights over any property, project, territory, locality, customer segment, or developer relationship. DS Realty may simultaneously engage any number of other referral sources, direct channels, or marketing partners for the same properties. Where a Referred Customer contacts DS Realty independently after being referred, DS Realty shall not be obligated to attribute the transaction to any specific Referral Visitor. DS Realty’s attribution decision is final.

7.6 Programme Modification and Termination

DS Realty reserves the absolute right to modify, suspend, reduce the incentive value of, or permanently terminate the Referral Visitor Programme at any time, with immediate effect and without notice, without any liability to existing or prospective Referral Visitors. A Referral Visitor who has a pending referral at the time of programme termination shall have no entitlement to any payment unless a valid RIC was already issued and all conditions in Section 7.2 are fully satisfied.

7.7 Tax Obligations

Any referral incentive paid by DS Realty is subject to deduction of tax at source (TDS) in accordance with the Income Tax Act, 1961. The Referral Visitor is solely responsible for declaring and paying all applicable taxes on any incentive received. DS Realty shall not be liable for any tax liability, penalty, or interest arising from the Referral Visitor’s failure to comply with their tax obligations.

7.8 Customer Data and Conduct

Referral Visitors must not retain, copy, share, sell, or misuse the personal information of any Referred Customer. Referred Customer data must be used solely for the purpose of introducing the customer to DS Realty and for no other purpose. Referral Visitors must not harass, pressure, repeatedly contact, or follow up with Referred Customers after the introduction has been made. Any breach of this obligation may result in legal action under the Information Technology Act, 2000, and applicable consumer protection laws.

8. Third-Party Developers, Builders, and Landlords

DS Realty lists properties on behalf of third-party developers, builders, and individual property owners. DS Realty does not endorse, guarantee, or take responsibility for any representations made by any third party listed on the Platform. Any disputes arising from a property transaction are strictly between you and the respective developer, builder, or landlord. DS Realty shall have no obligation to intervene, mediate, arbitrate, or otherwise assist in resolving any such dispute.

Links to third-party websites, builder portals, or external resources on the Platform are provided for convenience only. DS Realty does not endorse and is not responsible for the content, policies, or practices of any third-party website.

9. User Obligations and Prohibited Conduct

You agree that you will not use the Platform to:

• Provide false, misleading, or fraudulent information about yourself or any third party;
• Impersonate DS Realty, any DS Realty employee, any property developer, or any other person or entity;
• Scrape, crawl, or harvest data from the Platform using automated means without prior written consent;
• Post or transmit any unlawful, defamatory, abusive, harassing, or threatening content;
• Infringe the intellectual property rights of DS Realty or any third party;
• Interfere with or disrupt the security, integrity, or performance of the Platform;
• Introduce any virus, malware, ransomware, or other malicious code to the Platform;
• Attempt to gain unauthorised access to any account, database, or system associated with the Platform;
• Use the Platform for any unlawful, fraudulent, or deceptive purpose;
• Use the Platform to solicit, spam, or send unsolicited commercial communications to other users;
• Engage in any activity that violates applicable Indian law or regulation, including the Information Technology Act, 2000, the Prevention of Money Laundering Act, 2002, and the Consumer Protection Act, 2019;
• Use the Platform for money laundering, tax evasion, or any other financial crime.

DS Realty reserves the right to investigate and take appropriate legal action against any user who engages in prohibited conduct, including reporting such conduct to law enforcement authorities.

10. Platform Availability and Service Interruptions

DS Realty makes no guarantee that the Platform will be available at all times, uninterrupted, or error-free. The Platform may be subject to downtime for maintenance, upgrades, security patching, or reasons beyond our reasonable control. DS Realty shall not be liable for any loss, damage, or inconvenience caused by any interruption, suspension, or discontinuation of the Platform or any of its features.

DS Realty reserves the right to modify, suspend, or permanently discontinue the Platform or any part thereof at any time, with or without notice, and shall not be liable to you or any third party for any such action.

11. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, icons, software code, data compilations, design elements, and AI model outputs generated on behalf of DS Realty, is the exclusive property of DS Realty Tech Pvt Ltd or its licensors and is protected under applicable Indian and international intellectual property laws, including the Copyright Act, 1957, and the Trade Marks Act, 1999.

No content may be reproduced, distributed, modified, reverse-engineered, decompiled, publicly displayed, publicly performed, or used for any commercial purpose without the express prior written permission of DS Realty. Any unauthorised use of DS Realty’s intellectual property may give rise to civil or criminal liability.

12. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform and all content, services, and features available through it are provided on an “as is”, “as available”, and “with all faults” basis. DS Realty expressly disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose;
• Warranties that the Platform will meet your requirements or expectations;
• Warranties that the Platform will be available without interruption or error;
• Warranties as to the accuracy, completeness, currency, or reliability of any content on the Platform;
• Warranties regarding the suitability of any property listed on the Platform for any purpose.

13. Limitation of Liability

To the maximum extent permitted by applicable law, DS Realty Tech Pvt Ltd, its directors, officers, employees, agents, partners, affiliates, and licensors shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, financial loss, property depreciation, or any other tangible or intangible losses, arising from or in connection with:

• Your use of or inability to use the Platform;
• Any reliance on information, data, or content displayed on the Platform;
• Any real estate transaction entered into by you based on information from the Platform;
• Any AI-generated output, recommendation, or estimate;
• Any error, omission, or inaccuracy in property listings or pricing;
• Any builder, developer, or landlord failing to fulfil their stated obligations;
• Any delayed possession, project cancellation, or builder insolvency;
• Any loss arising from a referral visitor relationship or alleged referral incentive;
• Any unauthorised access to or alteration of your account data;
• Any conduct or omission of any third party on or through the Platform;
• Any service interruption, system failure, or technical malfunction.

In no event shall the aggregate liability of DS Realty to you exceed the greater of INR 1,000 (Indian Rupees One Thousand) or the amount, if any, paid by you to DS Realty in the twelve months prior to the event giving rise to the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless DS Realty Tech Pvt Ltd and its directors, officers, employees, agents, partners, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Platform in violation of these Terms;
• Any misrepresentation you make to a Referred Customer, a developer, or DS Realty;
• Your violation of any applicable law or the rights of any third party;
• Any claim by a Referred Customer arising from your conduct as a Referral Visitor;
• Any claim by a RERA authority arising from your unlicensed real estate activity in connection with the Platform.

15. Force Majeure

DS Realty shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, acts of government, war, civil unrest, terrorism, cyberattacks, power outages, internet service disruptions, strikes, lockouts, or any other event of force majeure. In such circumstances, DS Realty’s obligations shall be suspended for the duration of the event.

16. Dispute Resolution Among Users and Third Parties

DS Realty is not responsible for and will not participate in any dispute between you and any other user, property developer, builder, landlord, or Referred Customer. If you have a dispute with any such party, you release DS Realty and its affiliates from any claims, demands, and damages of every kind arising out of or in any way connected with such disputes. You expressly waive any claim against DS Realty in connection with such third-party disputes.

17. No Waiver

No failure or delay by DS Realty in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. A single or partial exercise of any right, power, or remedy does not preclude any other or further exercise of that right, power, or remedy, or the exercise of any other right, power, or remedy.

18. Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection, use, and disclosure practices.

19. Modifications to Terms

DS Realty reserves the right to modify, update, or replace these Terms at any time at its sole discretion. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically. We may, but are not obliged to, notify users of material changes by email or in-platform notification.

20. Termination

DS Realty reserves the right to suspend or permanently terminate your access to the Platform at any time, with or without notice, for any reason, including but not limited to breach of these Terms, suspicious activity, fraudulent conduct, or for any other reason at DS Realty’s sole discretion. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including Sections on liability, indemnification, intellectual property, and governing law.

DS Realty shall not be liable to you for any loss or damage of any kind resulting from the suspension or termination of your access to the Platform.

21. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or validity thereof, shall be subject to the exclusive jurisdiction of the competent courts located in Bangalore, Karnataka, India.

Before initiating any formal legal proceeding, you agree to first contact DS Realty at legal@dsrealty.in and make a genuine effort to resolve the dispute amicably within thirty (30) days.

22. Severability and Entire Agreement

If any provision of these Terms is found by a competent court to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions, which shall continue in full force and effect.

These Terms, together with the Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and DS Realty with respect to your use of the Platform and supersede all prior agreements, representations, warranties, and understandings.

23. Contact

For questions or concerns regarding these Terms, please contact: