TERMS & CONDITIONS

HAFFY PROPERTIES PRIVATE LIMITED (ALSO REPRESENTED BY ITS TRADE NAME : "OWNE")
Website / Platform: https://www.owne.in/
Registered Office: Unit 101 Oxford Towers, 139 Hal Old Airport Rd K, Hulsur Bazaar, Bangalore, Bangalore North, Karnataka, India, 560008
CIN / Registration No.: U68100KA2024PTC188915
Contact: [support@owne.in]

Effective Date: [20 October 2025]

1. INTRODUCTION; ACCEPTANCE

1.1 These Terms & Conditions (the “Terms” or “Agreement”) govern your access to and use of the online platform, website, mobile applications, APIs, services, content, and related functionality provided by Owne (collectively, the “Platform” or the “Services”).

1.2 By accessing, registering for, creating an account with, or using the Platform in any manner, you (“User”, “you”, or “your”) acknowledge that you have read, understood, and agree to be bound by these Terms and by all applicable policies referenced herein, including without limitation the Privacy Policy, Fee Schedule, and any other documents expressly incorporated by reference. If you do not agree with these Terms, you must immediately cease use of the Platform.

1.3 Owne reserves the right, in its sole discretion, to modify, suspend, discontinue, or terminate the Platform or any part thereof, or to modify these Terms at any time. Material changes will be posted on the Platform with an updated “Effective Date.” Your continued use following the posting of changes constitutes your acceptance of such changes.

2. DEFINITIONS

For the purposes of this Agreement, the following capitalized terms have the meanings set forth below:

• “Buyer” means a User seeking to acquire property through the Platform (including by rent-to-own or related arrangements).

• “Seller” means a User offering property for sale or other disposition through the Platform.

• “Investor” means a User who finances, purchases, or otherwise provides capital for properties listed on the Platform.

• “Transaction” means any agreement, arrangement, contract, or other transfer of rights or interests (including sale, assignment, rent-to-own, lease, escrow, or investment) between Buyers, Sellers, and/or Investors effected through or as a result of the Platform.

• “User Content” means any data, text, images, documents, files, media, messages, or other materials uploaded, posted, transmitted or provided by Users via the Platform.

• “Third-Party Service Provider” means any third party engaged by Owne or a User to provide services (including but not limited to escrow agents, payment processors, KYC/verification services, legal or valuation providers).

• “Documentation” means any templates, sample forms, document management features, guidance, or other materials made available on the Platform.

• “Confidential Information” means non-public information disclosed in connection with the Platform that is designated confidential or that, by its nature, should reasonably be considered confidential.

  
  

3. NATURE OF PLATFORM; EXPRESS DISCLAIMERS

3.1 Facilitation Only. You expressly acknowledge and agree that Owne is a technology and facilitation platform that provides a marketplace and related tools to enable Buyers, Sellers and Investors to discover one another, exchange information, negotiate, and enter into Transactions. Owne does not act as an agent, trustee, fiduciary, lender, insurer, escrow holder (unless expressly stated in a specific agreement), broker, or financial adviser for any User, and Owne does not take title to any property, invest on behalf of Users, or provide financing.

3.2 Not a Financial Institution. Owne is not an NBFC, bank, deposit taking institution, or financial services company. Owne is not registered with the Reserve Bank of India (“RBI”), the Securities and Exchange Board of India (“SEBI”), or any other banking or capital markets regulator to operate as a lender, investment advisor, investment manager, or depositary. Owne does not provide loans, credit, guaranteed returns, or make representations as to future financial performance of any Transaction.

3.3 No Guarantees; No Advice. All information available on the Platform — including listings, sample documents, guidance, analytics, or any communications — is furnished solely for informational and facilitation purposes. Owne does not provide legal, tax, valuation, investment, accounting, or other professional advice. You should obtain independent advice where appropriate.

3.4 Third-Party Providers. Where the Platform facilitates access to Third-Party Service Providers (including payment gateways, escrow agents, verification vendors, valuation providers, brokers, lawyers and lenders), any engagement shall be governed by the separate terms and agreements between the User and such third parties. Owne expressly disclaims responsibility and liability for acts or omissions of Third-Party Service Providers.

4. USER ELIGIBILITY; ACCOUNT REGISTRATION

4.1 Eligibility. You represent and warrant that you are at least 18 years old, have full legal capacity to enter into binding contracts, and are not prohibited by applicable law from entering into this Agreement.

4.2 Corporate Accounts. If you register as a company, partnership, trust, LLP or other legal entity, you represent that you are duly organized and have authority to bind the entity to these Terms.

4.3 Registration. To access certain features, you must register and create an account. You agree to (a) provide accurate, current and complete information during registration and update such information to keep it accurate; (b) maintain the confidentiality of your credentials and not share them; and (c) accept responsibility for all activities that occur under your account.

4.4 KYC & Verification. The Platform may require completion of KYC/identity verification processes, submission of documents (including Sensitive Personal Data), and/or background or credit checks. You consent to such verifications, the sharing of your Personal Data with third-party verifiers, and the use of electronic authentication as necessary. Failure to complete required verification may result in limited functionality or account suspension.

4.5 Prohibited Conduct. You shall not, and shall not permit any third party to: (a) use the Platform for any unlawful purpose; (b) circumvent any security or access controls; (c) create multiple accounts except as expressly permitted; (d) post false, misleading, infringing, unlawful or fraudulent content; (e) use the Platform to solicit, finance or otherwise facilitate illegal activity; or (f) interfere with the operation of the Platform.

5. LISTINGS; REPRESENTATIONS; WARRANTIES

5.1 Seller Representations. By listing a property, the Seller represents and warrants that (a) the Seller has full legal authority to list, market, and transact the property; (b) the information and documentation provided are accurate, complete, and not misleading; (c) there are no undisclosed encumbrances, charges, liens, litigation, or third-party rights adversely affecting the property except as expressly disclosed; and (d) the listing complies with all applicable laws and regulatory requirements.

5.2 Buyer Representations. By making an offer or entering into negotiations, a Buyer represents and warrants that (a) the Buyer has capacity and authority to enter agreements; (b) the Buyer will conduct independent due diligence; and (c) where applicable, funds and financing are available as required for the Transaction.

5.3 Investor Representations. Investors represent and warrant that they are sophisticated investors (or have obtained independent advice), that they understand the risks of property investment, that they are not relying on Owne for investment advice, and that capital deployed is their own and lawfully sourced.

5.4 No Warranty as to Accuracy. While Owne seeks to maintain accurate listings, Owne expressly disclaims any warranty, representation or guarantee as to the truth, accuracy, completeness, reliability, merchantability, or fitness for any particular purpose of any User Content, listing details, or third-party information on the Platform.

6. TRANSACTIONS; CONTRACTUAL RELATIONSHIPS

6.1 Direct Contracts Between Users. Except where Owne expressly agrees in writing to the contrary, all Transactions are contracts directly between Users (e.g., Buyer and Seller, Buyer and Investor). Owne is not a party to such Transaction contracts and bears no contractual liability for the performance, fulfilment, enforcement, interpretation or breach of such Transactions.

6.2 Document Templates; Negotiation. The Platform may provide template agreements, sample clauses, or negotiation tools. Such templates are for convenience only and are not legal advice. Users are strongly encouraged to seek independent legal review prior to execution.

6.3 Escrow & Payment Handling. Where the Platform facilitates escrow or payment services, such services shall be provided by licensed escrow agents or payment processors under separate agreements. Owne may (but is not obliged to) act as a facilitator for the execution of escrow instructions. Owne shall not be deemed to hold client funds or act as a fiduciary unless expressly stated in a definitive escrow agreement signed by the parties.

6.4 Title & Registration. Title transfer, registration, stamp duty, and any statutory filings required by law are the sole responsibility of the contracting Users and must be completed as required by applicable law. Owne does not guarantee or warrant the ability to register title or the absence of title defects.

7. FEES, CHARGES & TAXES

7.1 Service Fees. Owne may charge fees for the use of the Platform, services, listings, or facilitation activities as set forth in the applicable Fee Schedule or as otherwise notified to Users prior to the provision of such services. All fees are non-refundable except as expressly provided.

7.2 Third-Party Charges. Users acknowledge and agree that third parties (including escrow agents, payment processors, verification vendors, or legal advisers) may levy additional fees, charges, or taxes, and that such fees are the responsibility of the contracting Users.

7.3 Taxes. Users are responsible for all taxes, duties, levies, or governmental charges arising from use of the Platform or any Transaction. Where required by law, Owne may collect and remit taxes on behalf of Users.

7.4 Payment Terms. Payments to Owne must be made in the currency and manner specified on the Platform. Delayed payments may incur interest and may result in suspension of services or initiation of recovery proceedings.

8. INTELLECTUAL PROPERTY

8.1 Owne IP. The Platform, and all content, software, design, text, graphics, logos, trademarks, service marks, and other intellectual property provided by Owne (collectively, “Owne IP”) are and shall remain the exclusive property of Owne or its licensors. All rights not expressly granted are reserved.

8.2 License to User Content. By uploading, posting or making available User Content, you grant Owne a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such User Content for the purpose of operating, promoting, and improving the Platform and Services.

8.3 Restrictions. You shall not copy, reverse engineer, decompile, disaggregate, disassemble, modify or create derivative works of the Platform or Owne IP.

8.4 Feedback. Any feedback, suggestions or ideas you provide to Owne concerning the Platform may be used by Owne without restriction and you hereby irrevocably assign all rights in such feedback to Owne.

9. PRIVACY; DATA PROCESSING

9.1 Privacy Policy Incorporated. Owne’s Privacy Policy governs the collection, use and disclosure of Personal Data and is incorporated by reference into these Terms. By using the Platform, you consent to the collection and processing of your Personal Data as described in the Privacy Policy.

9.2 Data Security & Subprocessors. Owne will implement reasonable technical and organizational measures to protect Personal Data. Owne may engage subprocessors and third-party service providers to process Personal Data. A list of current subprocessors may be provided on request.

9.3 Data Retention. Personal Data will be retained in accordance with the Privacy Policy and applicable law.

10. WARRANTIES; DISCLAIMERS

10.1 User Warranties. Each User represents and warrants that: (a) it has full right, power and authority to enter into and perform its obligations under any Transaction; (b) User Content does not infringe any rights of third parties and is not unlawful; and (c) all required consents and approvals have been obtained.

10.2 No Implied Warranties. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, THE PLATFORM, SERVICES, CONTENT, AND ANY INFORMATION PROVIDED BY OWNE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE.

10.3 Risk Allocation. Users accept the risks inherent to real estate and investment Transactions, including but not limited to title defects, market risk, regulatory changes, counterparty default, and force majeure.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Indirect Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER OWNE NOR ITS DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR LOSS OF DATA, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM OR ANY TRANSACTION, EVEN IF OWNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Aggregate Liability Cap. OWNE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES PAID BY THE CLAIMANT TO OWNE DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) INR 100,000 (ONE HUNDRED THOUSAND RUPEES). This limitation shall apply even if the above remedy fails of its essential purpose.

11.3 No Liability for User Conduct. OWNE SHALL NOT BE LIABLE FOR THE ACTIONS, OMISSIONS, REPRESENTATIONS OR CONDUCT OF ANY USER OR THIRD PARTY, INCLUDING FAILURE TO PERFORM UNDER ANY TRANSACTION.

12. INDEMNIFICATION

12.1 User Indemnity. You shall indemnify, defend and hold harmless Owne, its officers, directors, employees, agents and affiliates from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or related to: (a) your breach of these Terms; (b) your negligence, wilful misconduct or fraud; (c) any Transaction to which you are a party; (d) User Content you submit; or (e) your violation of applicable law.

12.2 Control of Defense. Owne shall have the right, at its option, to participate in (but not control) the defence or settlement of any claim.

13. SUSPENSION; TERMINATION; EFFECT OF TERMINATION

13.1 Suspension & Termination by Owne. Owne may suspend or terminate a User account or access to the Platform at any time for breach of these Terms, suspected illegal activity, disputes between Users, or for any other reason in Owne’s reasonable discretion. Prior notice may be provided unless immediate action is necessary.

13.2 User Termination. You may terminate your account by providing notice via the Platform. Termination does not relieve you of unpaid obligations or liabilities accrued prior to termination.

13.3 Survival. Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections: Definitions, Fees & Taxes, Intellectual Property, Privacy & Data Processing, Warranties & Disclaimers, Limitation of Liability, Indemnification, Governing Law & Jurisdiction, and any payment or confidentiality obligations.

14. DISPUTE RESOLUTION; GOVERNING LAW

14.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of laws principles.

14.2 Good Faith Negotiation. The Parties shall first attempt to resolve any dispute, controversy or claim arising out of or relating to these Terms by amicable negotiation between senior representatives. A Party desiring to initiate negotiations shall notify the other Party in writing, setting out the subject of the dispute and the requested remedy.

14.3 Arbitration. If the Parties fail to resolve the dispute within 30 days of the notice, the dispute shall be finally resolved by arbitration administered in India in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement; failing agreement, appointed by the Indian Arbitration Council or as otherwise prescribed. The seat of arbitration shall be [Bengaluru, Karnataka]. The language of arbitration shall be English. The arbitral award shall be final and binding and may be entered and enforced in any court of competent jurisdiction.

14.4 Interim Relief. Nothing herein shall prevent either Party from seeking urgent interim or injunctive relief in a court of competent jurisdiction pending arbitration.

14.5 Court Jurisdiction. Subject to arbitration above, the courts at [Bengaluru, Karnataka] shall have exclusive jurisdiction to hear and decide any suit, action or proceeding which is not subject to arbitration as provided herein.

15. CONFIDENTIALITY

15.1 Confidential Information. Each Party shall keep confidential and not disclose to any third party any Confidential Information received from the other Party, except as necessary to perform obligations under these Terms or as required by law.

15.2 Exceptions. Confidential Information does not include information that (a) is publicly available without breach; (b) is already in the receiving Party’s possession; (c) is lawfully received from a third party; or (d) is independently developed without use of the disclosing Party’s Confidential Information.

16. COMPLIANCE; ANTI-MONEY LAUNDERING; SANCTIONS

16.1 Compliance. Users shall comply with all applicable laws, regulations and governmental orders, including but not limited to anti-money laundering (AML), countering the financing of terrorism (CFT), sanctions, taxation and property transfer regulations.

16.2 Suspicious Activity. Owne may monitor transactions and may report suspicious activity to competent authorities. Owne reserves the right to suspend transactions, block accounts, and refuse to provide services where required by law or in Owne’s reasonable judgment.

17. NOTICES

17.1 To Users. Notices to Users may be delivered by email (to the address provided in registration), through the Platform, or by postal mail to the address on record. Notices shall be effective upon transmission, posting, or delivery.

17.2 To Owne. Notices to Owne shall be sent to the contact details specified at the head of these Terms and shall be effective upon receipt.

18. FORCE MAJEURE

Owne shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including acts of God, war, civil unrest, strikes, pandemics, governmental actions, internet outages, hosting provider failures, or other force majeure events. Owne will use reasonable efforts to resume performance as soon as practicable.

19. THIRD-PARTY LINKS; ADVERTISING

19.1 Third-Party Content. The Platform may contain links to third-party websites, services, advertisements or content. Owne does not endorse and is not responsible for third-party content and is not liable for any loss or damage resulting therefrom.

19.2 Advertisements. The Platform may display advertisements or promotions. Users acknowledge that dealings with advertisers or other third parties are at User’s sole risk.

20. AMENDMENTS; VARIATIONS

20.1 Amendments by Owne. Owne may amend these Terms at any time by posting revised Terms on the Platform with a revised “Effective Date.” Except for material changes, which Owne will attempt to notify Users of, such amendments shall become effective upon posting. Continued use following posting constitutes acceptance.

20.2 No Waiver. Failure of Owne to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right.

21. MISCELLANEOUS

21.1 Severability. If any provision of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

21.2 Assignment. You may not assign these Terms or your rights hereunder without Owne’s prior written consent. Owne may assign these Terms without restriction in connection with a transfer of all or substantially all of its business or assets.

21.3 Relationship of the Parties. The Parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

21.4 Entire Agreement. These Terms, together with the Privacy Policy, Fee Schedule, and any documents expressly incorporated by reference, constitute the entire agreement between the Parties with respect to the subject matter and supersede prior agreements.

22. SPECIFIC CLAUSES RELATING TO RENT-TO-OWN & INVESTOR ARRANGEMENTS

22.1 Buyers. Buyers acknowledge that rent-to-own arrangements may involve complex contractual provisions (e.g., option fees, instalment schedules, exit fees, maintenance liabilities, and title transfer conditions). Buyers must review all terms of any Transaction and obtain independent legal and financial advice before execution.

22.2 Investors. Investors acknowledge that investments in property through the Platform are subject to liquidity, market and operational risks. Owne does not underwrite or guarantee investor returns or principal. Investors must perform due diligence regarding the property, the Seller, local market conditions, taxation, and applicable laws.

22.3 Sellers. Sellers are responsible for ensuring marketable and transferable title, compliance with local property laws, clearance of encumbrances, and accuracy of representations.

22.4 Escrow & Custody. Where funds are held in escrow by third-party escrow agents, the terms and conditions of the escrow agreement shall govern the custody and release of funds. Owne is not responsible for funds held by third parties except to the extent expressly set forth in a written agreement.

22.5 Exit & Default. Transactions may provide for exit mechanisms, default remedies, fees and forfeiture. These provisions are contractual between Users and not obligations assumed or guaranteed by Owne.

Sale Agreement, Option to Purchase, Escrow Instructions, Rental Agreement — for illustrative purposes only.)

23. ACKNOWLEDGEMENT

BY REGISTERING FOR OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY IT. YOU FURTHER ACKNOWLEDGE THAT OWNE IS A TECHNOLOGY PLATFORM THAT FACILITATES INTRODUCTIONS AND SUPPORTS TRANSACTIONS BETWEEN THIRD PARTIES, AND THAT OWNE DOES NOT PROVIDE FINANCING OR GUARANTEED RETURNS, NOR IS IT AN NBFC OR REGULATED FINANCIAL ENTITY.