Terms & Conditions

Introduction

Welcome to Owne (accessible at www.owne.in), a technology-enabled real estate platform operated by Haffy Properties Private Limited ("Company", "we", "us", or "our"), a company incorporated under the Companies Act, 2013 and having its registered office in Bengaluru, Karnataka, India.

These Terms and Conditions ("Terms", "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and the Company. By accessing, browsing, registering on, or using the Platform in any manner — including but not limited to visiting the website, creating an account, submitting property details, using calculators, making payments, or entering into any transaction — you unconditionally accept and agree to be bound by these Terms, our Privacy Policy, and all applicable policies published on the Platform.

If you do not agree with any part of these Terms, you must immediately cease using the Platform and refrain from accessing any of our services.

We reserve the right to amend, modify, update, or replace these Terms at any time at our sole discretion. Amendments shall become effective upon posting on the Platform with a revised "Last Updated" date. Your continued use of the Platform after such posting constitutes acceptance of the amended Terms. It is your responsibility to review these Terms periodically.

Definitions

In these Terms, unless the context otherwise requires, the following capitalised terms shall have the meanings ascribed to them below:

Eligibility

By using the Platform, you represent and warrant that:

1. You are at least 18 years of age and are competent to enter into a binding contract under the Indian Contract Act, 1872.
2. If registering on behalf of a company, partnership, LLP, HUF, trust, or any other legal entity, you have the requisite authority and power to bind such entity to these Terms.
3. You are a resident of India, or if a Non-Resident Indian (NRI), you comply with all applicable FEMA (Foreign Exchange Management Act, 1999) regulations and RBI guidelines governing property transactions.
4. You possess a valid PAN (Permanent Account Number), Aadhaar (where applicable), and any other identification documents as may be required under applicable law or by the Company.
5. You are not barred, disqualified, or prohibited from entering into real estate transactions under any applicable law, court order, or regulatory directive.
6. All information provided by you during registration and throughout your use of the Platform is true, accurate, current, and complete.
7. You shall not use the Platform for any unlawful purpose, including but not limited to money laundering, tax evasion, benami transactions (prohibited under the Benami Transactions (Prohibition) Amendment Act, 2016), or any fraudulent activity.

Account & Registration

4.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate personal information including your name, email address, phone number, and such other details as may be required. You agree to provide valid identity and address documentation for Know Your Customer (KYC) verification as mandated by applicable law and our internal compliance procedures.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials (including passwords and OTPs). You agree to notify us immediately of any unauthorised access to or use of your account. The Company shall not be liable for any loss or damage arising from your failure to safeguard your account credentials. All activities conducted under your account shall be deemed to have been authorised by you.

4.3 Accurate Information

You agree to keep your registration information and profile details updated at all times. The Company reserves the right to suspend or terminate accounts that contain inaccurate, misleading, or outdated information without prior notice.

4.4 One Account Per User

Each user may maintain only one account. The creation of multiple accounts by the same individual or entity is prohibited and may result in immediate suspension or termination of all such accounts.

Platform Services

5.1 Nature of Services

Owne operates as a technology-enabled facilitation platform that connects Buyers, Sellers, and Investors for the purpose of real estate transactions structured under the rent-to-own model. The Platform provides tools for property discovery, price comparison, return calculation, matchmaking, document facilitation, and escrow-managed payment routing.

5.2 Platform Role — Important Disclaimer

5.3 No Investment Advice

Any projected returns, yield estimates, calculators, or illustrations provided on the Platform (including the Investor Calculator and Buyer Comparison Tool) are for informational and illustrative purposes only. They do not constitute investment advice, financial advice, or a guarantee of returns. Actual outcomes may vary materially based on market conditions, property specifics, regulatory changes, and other factors. Users should independently verify all information and consult qualified financial, legal, and tax advisors before making any investment or purchase decisions.

5.4 Third-Party Services

The Platform may integrate with or provide links to third-party services including but not limited to escrow service providers, banking partners, legal service providers, property valuation firms, and payment gateways. These third-party services are governed by their own terms and policies. The Company is not responsible for the actions, omissions, or services of any third-party provider.

Terms Specific to Buyers

6.1 Rent-to-Own Model

Buyers on the Platform may acquire property through Owne's rent-to-own model, which provides two primary pathways: (a) Move In — where the Buyer occupies the property immediately and pays a combination of Rent and Principal monthly; and (b) Move Later — where the Buyer does not occupy the property and allocates 100% of the monthly payment towards Principal. The specific terms, amounts, tenure, and conditions shall be set out in the registered Agreement to Sell between the Buyer and the Investor/Seller.

6.2 Down Payment

The Buyer shall pay a Down Payment as specified in the transaction terms. The quantum and conditions of the Down Payment are subject to negotiation and agreement between the respective parties, facilitated by the Platform. The Down Payment is non-refundable except as expressly provided in the registered Agreement to Sell.

6.3 Monthly Payments

The Buyer agrees to make timely monthly payments comprising Rent (if applicable) and Principal as per the payment schedule defined in the Agreement to Sell. Failure to make timely payments may result in penalties, forfeiture of accumulated Principal (subject to the exit clauses in the Agreement), and/or termination of the arrangement, as set out in the registered agreement.

6.4 Price Lock

Upon execution of the registered Agreement to Sell, the property price is locked as per the agreed terms. This price lock is subject to the conditions specified in the Agreement and is enforceable only through the registered legal document — not by virtue of any representation made on the Platform.

6.5 Exit & Termination

Buyers may exit the arrangement subject to the exit clauses specified in the Agreement to Sell. Exit may entail an exit fee, partial forfeiture of payments, or other conditions as defined in the registered agreement. The Company is not responsible for any financial loss arising from a Buyer's decision to exit.

6.6 Property Condition & Maintenance

While occupying the property (Move In pathway), the Buyer shall maintain the property in good condition, refrain from making structural alterations without prior written consent of the property owner/Investor, and comply with all applicable housing society rules, municipal regulations, and maintenance obligations. The Buyer shall be responsible for all utility payments, society maintenance charges, and minor repairs during occupancy.

6.7 Completion of Ownership

Upon completion of the contract term and payment of the remaining balance (if any), ownership shall be transferred to the Buyer in accordance with the terms of the registered Agreement to Sell and applicable law, including payment of stamp duty, registration charges, and any applicable taxes. The Company facilitates but does not guarantee the ownership transfer process.

6.8 No Guarantee of Loan Eligibility

The Platform does not guarantee that the Buyer will be eligible for a home loan or mortgage at the end of the contract term. Any references to future loan eligibility or reduced loan amounts are illustrative only. Buyers must independently assess their financial position and loan eligibility.

Terms Specific to Investors

7.1 Investment Model

Investors on the Platform may acquire property (directly in their name or through an SPV) with a pre-identified Buyer who enters into a rent-to-own arrangement. The Investor earns monthly rental income and benefits from the Buyer's progressive purchase of the property at a pre-agreed price over the contract term.

7.2 Projected Returns

7.3 Property Ownership

The property acquired by the Investor shall be registered in the Investor's name or in the name of an SPV, as applicable. The Investor holds legal title to the property until the Buyer completes full payment as per the Agreement to Sell. All ownership rights, risks, and obligations (including property tax, insurance, and regulatory compliance) rest with the Investor during the holding period.

7.4 Buyer Default Risk

In the event of Buyer default (failure to make payments as per the Agreement), the Investor's recourse is governed by the terms of the registered Agreement to Sell and applicable Indian law. The Company does not guarantee Buyer performance, financial capacity, or compliance. While the Platform facilitates matchmaking and due diligence, the ultimate investment risk rests entirely with the Investor.

7.5 Exit Mechanisms

Investor exit is structured as per the registered Agreement to Sell. The Agreement typically provides for the Buyer to purchase the property at the pre-agreed price at the end of the contract term. If the Buyer fails to complete the purchase, the Investor retains ownership of the property. The Company does not provide any buyback guarantee or assured exit.

7.6 Regulatory Compliance

Investors are solely responsible for compliance with all applicable laws including but not limited to income tax laws (IT Act, 1961), GST (if applicable), RERA, FEMA (for NRI investors), and any local municipal or state-level regulations. The Company does not provide tax advice and all projected returns are shown pre-tax unless explicitly stated otherwise.

7.7 Not a Collective Investment Scheme

The investment model offered through the Platform is structured as direct property ownership. It is not a collective investment scheme, mutual fund, portfolio management service, or any other pooled investment vehicle regulated by the Securities and Exchange Board of India (SEBI). Each transaction is an independent, bilateral arrangement between the Investor and the Buyer.

Terms Specific to Sellers

8.1 Selling Pathways

Sellers may list their property on the Platform and choose from the available selling pathways: (a) 30-Day Immediate Exit — sale at appraised market value with closure within 30 days; (b) 6-Month Hold — earning rental income with 5–10% appreciation; or (c) 3-Year Hold — maximum returns with 10–20% appreciation. The specific terms, timelines, and pricing shall be finalised during the formal offer stage.

8.2 Representations & Warranties

By listing a property on the Platform, the Seller represents and warrants that:

1. The Seller is the sole and absolute legal owner of the property, or is duly authorised to sell the property on behalf of the legal owner(s).
2. The property has a clear, marketable title, free from all encumbrances, liens, charges, mortgages, litigation, and disputes.
3. The property is RERA-compliant (where applicable) and all necessary approvals, permissions, and clearances have been obtained.
4. All information, documents, photographs, and descriptions provided about the property are accurate, current, and not misleading.
5. The property is not subject to any court order, attachment, prohibition, or regulatory restriction that prevents its sale or transfer.
6. The Seller shall not list or sell the property to any other party during the pendency of any binding agreement facilitated through the Platform.

8.3 Valuation & Pricing

Property valuation provided by the Platform (through internal experts or third-party valuers) is an estimate and does not constitute a certified valuation under the Income Tax Act or any other law. The final sale price is subject to negotiation and mutual agreement between the parties.

8.4 Exclusivity During Agreement

Once a Seller enters into a binding agreement (including an Agreement to Sell) facilitated through the Platform, the Seller shall not sell, transfer, mortgage, encumber, or otherwise deal with the property in a manner inconsistent with the agreed terms. Breach of this exclusivity may result in liability for damages and termination of the arrangement.

Escrow & Payments

9.1 Escrow Mechanism

All financial transactions facilitated through the Platform are routed through a designated Escrow Account managed by an authorised third-party escrow service provider. Funds are held in escrow and released only in accordance with the terms of the registered agreement and upon fulfilment of the conditions specified therein.

9.2 Payment Obligations

Users agree to make all payments promptly as per the agreed schedules. This includes Down Payments, monthly Rent and Principal payments, fees, taxes, and any other amounts due under the transaction agreements. The Company shall not be liable for delays, failures, or errors in payment processing caused by banks, payment gateways, or other third-party service providers.

9.3 Taxes

All payments are exclusive of applicable taxes unless expressly stated otherwise. Users are solely responsible for determining and paying all applicable taxes including but not limited to Goods and Services Tax (GST), Tax Deducted at Source (TDS under Section 194-IA of the Income Tax Act), stamp duty, registration fees, property tax, and capital gains tax. The Company does not provide tax advice and recommends that Users consult qualified tax professionals.

9.4 Refund Policy

Refunds, if any, are governed solely by the terms of the registered Agreement to Sell between the parties. The Company does not unilaterally process refunds. Platform service fees and facilitation charges are non-refundable unless otherwise stated in a separate written agreement.

Property Listings

10.1 Listing Accuracy

While the Company endeavours to verify property listings for accuracy and RERA compliance, the Company does not independently guarantee the accuracy, completeness, legality, or quality of any property listing. Users must independently verify all material facts including title, encumbrances, approvals, specifications, area measurements, and condition of the property before entering into any transaction.

10.2 Due Diligence

Users are strongly advised to conduct their own due diligence, including engaging independent legal counsel, obtaining title searches, verifying RERA registration, and inspecting the property physically before committing to any transaction. The Company's facilitation services do not substitute for independent professional advice.

10.3 Removal of Listings

The Company reserves the right to remove, suspend, or modify any property listing at its sole discretion if it believes the listing is inaccurate, misleading, fraudulent, or in violation of applicable laws or these Terms.

Fees & Charges

The Company may charge facilitation fees, service charges, platform fees, or transaction fees for services rendered through the Platform. All applicable fees will be disclosed to the User prior to the completion of any transaction. Fee structures may vary based on the type of service, property value, and the pathway chosen. The Company reserves the right to modify its fee structure at any time, with prior notice to affected Users. All fees are exclusive of applicable taxes (including GST) unless stated otherwise.

Intellectual Property

All content, materials, trademarks, logos, trade names, service marks, domain names, software, source code, algorithms, calculators, designs, text, graphics, images, data compilations, and other intellectual property on the Platform ("IP") are the exclusive property of the Company or its licensors and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, the Patents Act, 1970, the Information Technology Act, 2000, and other applicable intellectual property laws of India and international treaties.

You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial purposes in accordance with these Terms. You shall not copy, reproduce, modify, distribute, transmit, display, perform, license, create derivative works from, or exploit any part of the Platform or its content without the prior written consent of the Company.

Data Protection & Privacy

The Company collects, processes, stores, and uses your personal data in accordance with its Privacy Policy and applicable Indian data protection laws, including the Digital Personal Data Protection Act, 2023 (DPDP Act), the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

By using the Platform, you consent to the collection and processing of your personal data as described in the Privacy Policy. You have the right to access, correct, and request deletion of your personal data in accordance with applicable law. The Company implements reasonable security measures to protect your data but cannot guarantee absolute security against all threats.

The Company may share your data with authorised third parties (including escrow providers, legal service partners, KYC verification agencies, and government authorities) as necessary for the provision of Services or as required by law.

Disclaimers

To the fullest extent permitted by applicable law, the Company expressly disclaims all warranties, including but not limited to:

1. Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. Warranties that the Platform will be uninterrupted, error-free, secure, or free from viruses or harmful components.
3. Warranties regarding the accuracy, reliability, timeliness, or completeness of any content, data, calculators, projections, or property information on the Platform.
4. Warranties regarding the performance, solvency, or creditworthiness of any Buyer, Seller, Investor, or other User.
5. Warranties that any property transaction facilitated through the Platform will be completed successfully.
6. Warranties regarding the legal validity, enforceability, or adequacy of any agreement, document, or instrument facilitated through the Platform.
7. Warranties regarding the current or future market value of any property, projected rental yields, or investment returns.

Users acknowledge that real estate transactions involve inherent risks, including but not limited to market fluctuation, regulatory changes, title defects, construction quality issues, counterparty default, and liquidity risk. Users assume full responsibility for evaluating and assuming these risks.

Limitation of Liability

1. The Company, its directors, officers, employees, agents, partners, and affiliates shall not be liable for any 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, diminution of property value, or other intangible losses, arising out of or in connection with your use of the Platform or any transaction facilitated through the Platform.
2. The Company's total aggregate liability for any claim arising under or in connection with these Terms or the Platform shall not exceed the total amount of fees actually paid by the User to the Company in the twelve (12) months preceding the event giving rise to the claim, or INR 50,000 (Indian Rupees Fifty Thousand), whichever is lower.
3. The Company shall not be liable for any loss or damage arising from: (a) the actions, omissions, or defaults of any Buyer, Seller, Investor, or third-party service provider; (b) any defect in title, encumbrance, or legal dispute related to any property; (c) delays or failures in escrow fund release; (d) changes in applicable law or government policy; (e) market fluctuations or depreciation in property value; (f) inability to complete a transaction due to regulatory, financial, or other reasons beyond the Company's control.
4. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable Indian law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or in connection with:

1. Your use or misuse of the Platform or Services.
2. Your violation of these Terms, Privacy Policy, or any applicable law, regulation, or third-party rights.
3. Any transaction entered into by you through the Platform, including disputes between you and any other User or third party.
4. Any inaccuracy, incompleteness, or misrepresentation in information provided by you.
5. Your negligence, fraud, wilful misconduct, or breach of any representation, warranty, or covenant.
6. Any claim by a third party arising from your use of the Platform or participation in any property transaction.

This indemnification obligation shall survive the termination or expiry of these Terms and your use of the Platform.

Termination

17.1 By the Company

The Company reserves the right to suspend, restrict, or terminate your access to the Platform and your account, in whole or in part, at any time and for any reason, including but not limited to: (a) violation of these Terms; (b) fraudulent or illegal activity; (c) provision of false or misleading information; (d) non-payment of fees; (e) conduct that the Company deems harmful to other Users or the Platform; or (f) upon request by any law enforcement or regulatory authority. The Company shall endeavour to provide reasonable notice where practicable, but is not obligated to do so.

17.2 By the User

You may request account deletion by contacting us at the email address provided in the Contact Us section. However, termination of your account does not relieve you of any outstanding obligations, payments, or liabilities under any active transaction or agreement facilitated through the Platform.

17.3 Effects of Termination

Upon termination: (a) your right to access the Platform ceases immediately; (b) all licences granted to you are revoked; (c) the Company may retain your data as required by law or for legitimate business purposes; (d) provisions that by their nature are intended to survive termination shall continue in full force, including Sections on Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

Dispute Resolution

18.1 Amicable Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or any transaction facilitated through the Platform ("Dispute"), the parties shall first attempt to resolve the Dispute amicably through good-faith negotiations within thirty (30) days of written notice of the Dispute.

18.2 Mediation

If the Dispute is not resolved through negotiation, the parties may agree to submit the Dispute to mediation in accordance with the Mediation Act, 2023, before a mutually agreed mediator in Bengaluru, Karnataka.

18.3 Arbitration

If the Dispute is not resolved through negotiation or mediation, it shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended). The arbitration shall be conducted by a sole arbitrator mutually agreed upon by the parties, or failing agreement, appointed in accordance with the provisions of the Act. The seat and venue of arbitration shall be Bengaluru, Karnataka, India. The language of arbitration shall be English. The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

18.4 Jurisdiction

Subject to the arbitration clause above, the courts of Bengaluru, Karnataka, India shall have exclusive jurisdiction over any legal proceedings arising out of or relating to these Terms or your use of the Platform.

18.5 RERA Complaints

Nothing in these Terms shall prevent or restrict any party from filing a complaint with the relevant State Real Estate Regulatory Authority under RERA, 2016, or approaching the RERA Appellate Tribunal, or exercising any right available under RERA.

Governing Law

These Terms and all matters arising out of or in connection with these Terms (including non-contractual disputes) shall be governed by and construed in accordance with the laws of India, including but not limited to: the Indian Contract Act, 1872; the Transfer of Property Act, 1882; the Registration Act, 1908; the Real Estate (Regulation and Development) Act, 2016; the Information Technology Act, 2000; the Digital Personal Data Protection Act, 2023; the Consumer Protection Act, 2019; the Companies Act, 2013; the Arbitration and Conciliation Act, 1996; the Indian Stamp Act, 1899 (and applicable State stamp legislation); the Benami Transactions (Prohibition) Amendment Act, 2016; the Prevention of Money Laundering Act, 2002; and all rules, regulations, and notifications issued thereunder.

Force Majeure

The Company shall not be liable for any delay or failure in the performance of its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including but not limited to: acts of God; natural disasters (floods, earthquakes, epidemics, pandemics); war, terrorism, or civil unrest; government actions, orders, or sanctions; strikes or labour disputes; power failures; internet or telecommunications failures; cyberattacks; changes in applicable law or regulation; or any other event constituting force majeure under Indian law.

General Provisions

21.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies published on the Platform, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

21.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

21.3 Waiver

No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall constitute a waiver thereof. A waiver of any provision shall be effective only if made in writing and signed by an authorised representative of the Company.

21.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms to any affiliate, successor, or assignee without your consent.

21.5 Notices

All notices under these Terms shall be sent via email to the registered email address of the User or to the Company at the email address provided in the Contact Us section. Notices shall be deemed received upon successful delivery.

21.6 No Agency

Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and the Company. The Company is an independent facilitator and technology platform provider.

21.7 Language

These Terms are drafted in the English language. In the event of any conflict between a translated version and the English version, the English version shall prevail.

21.8 Grievance Redressal

In accordance with the Information Technology Act, 2000 and rules made thereunder, the Company has designated a Grievance Officer. Users may contact the Grievance Officer with any complaints regarding the Platform or these Terms using the details provided in the Contact Us section. The Grievance Officer shall acknowledge the complaint within 24 hours and endeavour to resolve it within 15 days.

Contact Us

For any questions, concerns, or notices relating to these Terms, please contact us: