HOUSINGNINJA TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE & DISCLAIMERS CAREFULLY BEFORE USING THIS HOUSINGNINJA SITE/APPLICATION/PLATFORM.

1. INTRODUCTION

Welcome to HousingNinja. Your access to and use of the website housingninja.com or HousingNinja.com, or the HousingNinja platform includes all websites associated with HousingNinja (including all domains and sub-domains of https://housingninja.com), all application programming interfaces (APIs), and all site/applications/services and property management tools provided by HousingNinja, and is governed by the following TERMS OF USE AGREEMENT (this “AGREEMENT”) read with the PRIVACY POLICY, and DISCLAIMERS available on the HousingNinja.com website and any notices and consent provided or obtained in connection with HousingNinja, now or in future.

2. GENERAL DEFINITION

The HousingNinja platform is operated by HousingNinja Advisory LLP, and its subsidiaries, associates, licenses, and affiliated partnerships/companies, (collectively referred to as “HousingNinja”, “HousingNinja.com,” “Website”, “Site”, “We,” “Our”, or “Us).

3. ACCEPTANCE OF TERMS

BY ACCESSING AND USING HOUSINGNINJA IN ANY CAPACITY, AND/OR BY REGISTERING/SIGNING UP WITH US, YOU SIGNIFY THAT YOU AGREE TO BE BOUND BY THESE TERMS OF USE, including that You consent to the information practices disclosed in our Privacy Policy, which is incorporated herein by reference, and that You agree to comply with Applicable Laws, governed and interpreted by the country (hereinafter referred to as “India”). This Agreement apply to Your visit to and use, of the Site whether through a computer or a mobile phone, the services and the HousingNinja application, as well as to all the information, data, and or services provided to You on or through the Site, the HousingNinja platform. This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the Clauses pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the HousingNinja platform, You are consenting to be bound by this Agreement and agree to comply with Applicable Laws, governed and interpreted by the country (hereinafter referred to as “India”). Please note that we offer the Site "AS IS" and without warranties. If You are registering an account or using the Site on behalf of an individual or entity other than Yourself, You represent that You are authorized by such individual or entity to accept these Terms of Use on such individual or entity's behalf. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS OF USE BEFORE YOU USE THE SITE. If You do not accept any of the Terms of Use, then please do not use the Site or avail any of the services being provided therein. YOUR AGREEMENT TO THESE TERMS OF USE SHALL OPERATE AS A BINDING AND LEGALLY ENFORCEABLE AGREEMENT BETWEEN YOU AND HOUSINGNINJA IN RESPECT OF THE USE AND SERVICES OF THE SITE.

4. DEFINITIONS

4.1 “Account” refers to the Partner or User (collectively referred to as “Member”) account registered on the HousingNinja platform enabling the use of the platform by the member.

4.2 “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, board, or a court of India.

4.3 “Assignment(s)” shall mean the task/matter/service/work to be performed by the Partner and agreed to mutually by and between the User and the Partner. Offers of task/matter/service/work issued through the HousingNinja platform, that include a description of the services needed, a broad time when the services can be performed, a location where the services are to be rendered, in exchange for specified payment are referred to as “Assignment(s)”.

4.4 “Closed Assignment” shall mean any Assignment that has been completed by the User, paid for all Invoices and Rated and Reviewed the Partner for completion of the Assignment.

4.5 “Force Majeure Event” shall mean any event arising due to any cause that is beyond the reasonable control of HousingNinja.

4.6 “Invoice(s)” refer to the bills/receipts/payment vouchers raised/generated by a Partner on the HousingNinja platform for the User to pay towards completion of Assignment(s). A single Assignment may have multiple Invoices.

4.7 “Member” refers to either User or Partner, or both, who are registered/signed up on the platform to use the HousingNinja platform.

4.8 “Partner” shall mean any individual or entity who is a real estate professional or represents a real estate professional entity and accesses the HousingNinja site by registering/signing up on the platform to provide real estate services through the platform.

4.9 “Payment Account” shall mean any bank account/credit card/debit card or any other online payment processing system utilized by the User to pay for the Invoices generated by the Partner.

4.10 “Platform” shall mean the HousingNinja website/services offered within the application that can be accessed through a computer or a mobile phone and shall mean and include any updates provided by HousingNinja from time to time.

4.11 “Site” shall mean the HousingNinja platform/application and the website https://housingninja.com operated by HousingNinja Advisory LLP or any other software that enables the use of the application or such other URL as may be specifically provided from time to time.

4.12 “Terms of Use” shall mean this Agreement, as modified and altered from time to time.

4.13 “User” shall mean any individual or entity who accesses the HousingNinja site by registering/signing up on the platform to avail real estate services offered by Partners.

4.14 “Verification” shall mean and may include the present, valid, true and accurate name, Email ID, address, mobile number, and such other information as may be required by HousingNinja from time to time, provided by the Members on the platform or otherwise.

4.15 “Visitor” shall mean any individual or entity who accesses the HousingNinja site for browsing purposes, without registering/signing up on the platform.

4.16 “You”, “Your” or “Yourself” shall mean reference to the Member accessing the HousingNinja platform.

5. INTERPRETATION

5.1 Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

5.2 Headings and captions are used for convenience only and will not affect the interpretation of this Agreement.

5.3 Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors and permitted assignees. Similarly, any reference to a juristic person such as HousingNinja will, unless repugnant to the context, include its affiliates, successors and permitted assignees.

6. NATURE OF THE HOUSINGNINJA PLATFORM

6.1 HousingNinja is a real estate services and advisory electronic management platform that connects Users to real estate professionals/providers (“Partners”) in India. HousingNinja allows individuals and entities to access and use the HousingNinja platform under this Agreement.

6.2 All individuals and entities that access the HousingNinja platform to avail property services (“Users”) and all individuals and entities that access the HousingNinja platform to provide real estate services (“Partners”) are collectively referred to as “Members”.

6.3 A member may be a User or a Partner, or both.

6.4 HousingNinja is a venue that creates efficiencies in managing and delivering real estate services by allowing Users to match their respective needs and avail services from qualified real estate providers/professionals (Partners) in India.

6.5 HousingNinja is not a service company providing services through Partners and does not employ any Partners in any country. Partners that provide services to Users are doing so as independent contractors in India. No Partners will perform services through the HousingNinja platform outside of India.

6.6 HousingNinja’s role is limited to providing access to and use of the platform to all Members and HousingNinja is not a party to any interactions between a User and a Partner.

6.7 Except to the extent, if any, that HousingNinja serves as a Communications platform between Users and Partners and disburses payments from Users to Partners, HousingNinja does not take part in the interaction between Users and Partners. HousingNinja does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Assignment delivered by Partners, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Members. HousingNinja makes no representations about the suitability, reliability, timeliness, or accuracy of the Assignments requested, undertaken and/or provided by Members.

7. GENERAL DISCLAIMER

Any and all information on HousingNinja is provided on a voluntary and AS IS basis by Members of HousingNinja. Such Members may possess varying degrees of knowledge and real estate expertise and HousingNinja does not to any extent whatsoever certify the accuracy of any information or opinion provided by such Members or certify that any level of expertise relevant to that information or opinion has been met by such Members.

8. DISCLAIMER OF WARRANTIES

PLEASE NOTE THAT THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FEATURES, CONTENT, FUNCTIONS AND MATERIALS ON THIS SITE ARE PROVIDED ON "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOUSINGNINJA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY OR OTHERWISE OF WITH RESPECT TO ANY INFORMATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS IN THE CONTENT OF THIS SITE. HOUSINGNINJA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. HOUSINGNINJA DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO THE SITE. ANY DAMAGES OR LOSS IS DISCLAIMED, WHETHER THEY ARE DIRECT, INCIDENTAL OR CONSEQUENTIAL. THIS LIABILITY DISCLAIMER AND WAIVER IS A MATERIAL CONDITION OF THE AGREEMENT BETWEEN THE MEMBER AND HOUSINGNINJA. TO THE EXTENT THAT ANY OF THE CONTENT INCLUDED ON HOUSINGNINJA IS PROVIDED BY THIRD PARTY CONTENT PROVIDERS, OTHER MEMBERS, WE HAVE NO EDITORIAL CONTROL OR RESPONSIBILITY OF SUCH CONTENT APPEARING ON THE SITE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR THE PROVIDED SERVICES WILL MEET MEMBER REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR MEMBERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO PROPERTY, FINANCIAL OR LEGAL OPINION, ADVICE OR OTHER CONTENT. THE MATERIALS ON HOUSINGNINJA ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NEITHER INTENDED TO BE, NOR SHOULD THEY BE INTERPRETED AS, LEGAL ADVICE OR OPINION NOR AS ADVERTISEMENT OR SOLICITATION FOR WORK. PURCHASING SERVICES ON HOUSINGNINJA DOES NOT RESULT TO ADVOCATE - CLIENT RELATIONSHIP. ANY INFORMATION AVAILABLE ON THIS WEBSITE IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE, NOR PROVIDED WITH ANY IMPLIED OR EXPRESS WARRANTY AS TO THEIR PERFORMANCE OR THE RESULTS OF THEIR USE. IF YOU ARE REGISTERING AN ACCOUNT OR USING HOUSINGNINJA ON BEHALF OF AN INDIVIDUAL OR ENTITY OTHER THAN YOURSELF, YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH INDIVIDUAL OR ENTITY TO ACCEPT THESE TERMS OF USE ON BEHALF OF SUCH INDIVIDUAL OR ENTITY.

9. PROHIBITED USE OF THE SITE

You may use the content made freely available on the Site for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any downloaded materials is transferred to You because of any such downloading or copying. You agree that You will not otherwise copy, modify, alter, display, distribute, sell, broadcast or transmit any material on the Site in any manner without the written permission of HousingNinja. If You make other use of the Site, or the content, code, data or materials thereon or available through the Site, except as otherwise provided above, You may violate copyright and other laws of India and other countries, and may be subject to liability for such unauthorized use. You take full responsibility for ensuring that the information submitted by You on the Site is accurate. HousingNinja shall make no effort to validate any information provided by You for use of the HousingNinja platform with respect to content, correctness, or usability. We with an intention to provide the best service possible could ask You to share more information as and when needed.

10. GENERAL ELIGIBILITY

By registering to use, and by using, the HousingNinja platform, You represent, warrant, and covenant that You fulfill all the following conditions:

10.1 You (if You are an individual) are at least 18 years of age, can form legally-binding contracts, and (if applicable) are the authorized representative of the entity that is entering into this Agreement;

10.2 You are competent to enter into a contract under the Applicable Laws. If You reside in a jurisdiction that restricts the use of the HousingNinja platform because of age, or restricts the ability to enter into contracts such as this Agreement due to age, you must abide by such age limits;

10.3 Your agreement to and performance under this Agreement, including any Assignments that You accept, do not and will not violate any other agreement(s) to which You are a party;

10.4 You will only register to use, and use the HousingNinja platform for the intended uses as described herein;

10.5 You will not use an Account that is subject to any rights of a person other than You without appropriate authorization;

10.6 You will not use the HousingNinja platform for unlawful purposes;

10.7 You will not try to harm the HousingNinja or our network of Members in any way whatsoever;

10.8 You will provide HousingNinja with such information and documents which HousingNinja may reasonably request;

10.9 You will only use an authorized internet network to avail the HousingNinja platform;

10.10 You will comply with all legal requirements and laws from Your country of domicile and residence and the country, state and/or city in which You are present while using the Site or application;

10.11 You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder;

10.12 You will not directly or indirectly solicit, recruit or engage as employees or contractors any Users, Partners, or any of their Internal employees/contractors, including by using any other electronic platform that seeks to connect independent contractors with companies or individuals looking to engage independent contractors;

10.13 For the duration of your registration on the HousingNinja platform and for a period of two years thereafter (or, if such time period is too long to be enforceable in your jurisdiction, the longest period of time that is enforceable), you will not contact or solicit any Member for the purpose of circumventing the services available through the HousingNinja platform;

10.14 You have and will maintain, at all times, adequate licenses, insurance coverage, and all legal requirements to fulfill your part of the Assignment as required by Applicable Laws;

10.15 You possess the skill sets, experience, and expertise and, if You are an individual, the good character, described in your Member profile;

10.16 If you accept an Assignment, You are performing that task/matter/service/work as an independent contractor;

10.17 You are free from control and direction of any other Member when performing an Assignment;

10.18 You are customarily engaged in an independently established trade, occupation or business that is similar to the service you provide in an Assignment;

10.19 HousingNinja reserves the right to immediately terminate the Service and the use of the HousingNinja platform in the event of non-compliance with any of the above requirements. Further, HousingNinja will store the information provided by You or record your calls for contacting You for all HousingNinja related matters. You shall promptly inform HousingNinja on any change in the information provided by You; and

10.20 HousingNinja or an authorised representative of HousingNinja, shall provide information regarding services, discounts and promotions provided by HousingNinja to You by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided in the Site to discontinue the same.

11. REGISTRATION AND ACCOUNT

11.1 You understand and acknowledge that You can register on the Site only after complying with the requirements of this Clause and by entering Your sign-up information, such as full name, email id, mobile number, profilename, and such other details as may be necessary during registration/signing up.

11.2 You shall ensure that the sign-up information provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect information provided by You.

11.3 You are solely responsible for maintaining the confidentiality of Your sign-up information and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.

11.4 We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the sign-up information or any other account verification data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable, at any time without notice.

11.5 At your request, HousingNinja will close your Account by disabling all future use of such Account. However, you understand and agree that HousingNinja may retain any information associated with your Account to the extent that HousingNinja is required to retain such information as required by Applicable Laws or to report such information to third parties, including law enforcement authorities or other national, state, municipal, provincial, territorial or local taxing authority.

11.6 It is Your responsibility to check to ensure that the HousingNinja platform works on your device and We are not liable if You do not have a compatible mobile device or if You cannot access the HousingNinja platform on Your mobile device. We reserve the right to terminate the Account and the use of the HousingNinja platform should You be using the Account with an incompatible or unauthorized device.

11.7 We allow You to open only one Account in association with the sign-up information provided by You. In case of any unauthorized use of Your Account please immediately reach Us at support@housingninja.com.

11.8 In case, You are unable to access Your Account, please inform Us at support@housingninja.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

12. ASSIGNMENTS, PAYMENTS, CANCELLATION & REFUND POLICY

12.1 The User will post an Assignment requirement and pay for the Assignment and for all the Invoices generated by the Partner assigned for completion of that particular Assignment from time to time.

12.2 A Partner may raise/generate multiple Invoices for a single Assignment.

12.3 All Invoices raised/generated by a Partner will enumerate payment details, including GST taxes, and such other taxes as may be liable from time to time, and no such tax amount shall be charged in addition to specified payments.

12.4 You agree, understand and confirm that the bank account/debit card/credit card details provided by You for availing HousingNinja platform will be correct and accurate. You confirm that You shall not use credit cards that are not lawfully owned by You. Other than to carry out the payment transaction, Your payment information will not be utilized and shared by HousingNinja with any third parties unless required by Applicable Laws, regulation(s), or court order(s). The said information will not be kept longer than necessary. HousingNinja cannot assist with a stop payment request for any payment scheduled using a bank account/debit card/credit card. In any such case, You must immediately and directly contact bank account/debit card/credit card. company/bank.

12.5 Any Partner or User may choose to accept or reject such Assignment, negotiate the service deliverables, negotiate the payment for the task/matter/service/work in such Assignment, or negotiate the timing and means in which the task/matter/service/work completed.

12.6 All negotiations are between the User and the Partner and do not involve HousingNinja in any way.

12.7 It is in a Partner’s sole discretion to accept an Assignment under terms acceptable to such Partner. Except as set forth below, once a Partner accepts, or applies and is accepted for, an Assignment, such Partner may not reassign the Assignment to any other person or entity, on the HousingNinja platform and agrees to directly perform the task/matter/service/work stipulated in the Assignment to the satisfaction of the User.

12.8 Once a User accepts a specific Partner to complete an Assignment and pays for the Invoice, such User may not engage anyone else to complete such Assignment. The Assignment between the User and the Partner is a legally binding contract between those parties.

12.9 Notwithstanding the foregoing, a Partner may reassign an accepted Assignment to an internal employee/contractor or real estate service provider who is not associated with HousingNinja.

12.10 HousingNinja will act as the payment agent between the User and Partner for all Assignments.

12.11 All Invoices are to be paid upfront by the User before availing any services through the HousingNinja platform. The payment terms for the Partner are defined below under HousingNinja Fees, and will be processed to the Partner within 15 business days following the end of the month (Net 15 EOM) to ensure guaranteed delivery of Assignment.

12.12 At the point of a Closed Assignment the User is obligated to rate the Partner for the task/matter/service/work and pay all outstanding dues for the Closed Assignment.

12.13 Both the Partner and HousingNinja have the right to pursue a claim against the User for failure to make payment on a Closed Assignment.

12.14 HousingNinja will not be responsible for payment to a Partner in cases where the Assignment was declined or deleted, or where the User has not made funds available to HousingNinja in the amounts owed with respect to a Closed Assignment.

12.15 Users shall communicate Assignments in clear, simple language and with sufficient specificity to enable Partners to make informed decisions about whether or not to accept the Assignment.

12.16 Users shall provide a description, instructions and attach documents where necessary, as well as scheduling location and pricing information.

12.17 Partners shall provide adequate information about their capabilities to perform the Assignment requested. Partners will accept only those Assignments that they are capable of completing in a timely fashion and in accordance with the Assignment specifications.

12.18 In the event that a Partner/User (Member) must decline/cancel an Assignment, such Member will contact HousingNinja within 48 hours of Assignment or payment of Invoice. Additionally, such Member may be subject to a cancellation fee and/or other sanctions as determined appropriate in accordance to HousingNinja Terms of Use.

12.19 In the event of cancellation of any paid Invoice for which payment has been successfully made by the User and the Assignment is In-Progress status, and the Assignment has not been concluded by the Partner due to any avoidable/unavoidable reason(s), HousingNinja must be notified of the same in writing - by an email to support@housingninja.com Cancellation charges will be effective from the date we receive Your email. Cancellation by any Member must be requested no later than 48 hours after payment of Invoice. We will process the return of Your money within 15 business days from the day the request for Cancellation was received. Please note that there will be a nominal deduction (5%) in the amount refunded, payable towards payment processing, if the cancellation is done by the User. The Partner will be charged a nominal deduction (5%) of the amount refunded, payable towards payment processing, if the cancellation is done by the Partner.

12.20 In the event an Assignment is accepted but post-payment due to unexpected and extenuating circumstances, the Partner declines or cancels the Assignment, Your Assignment will be assigned to the next available Partner who matches the Assignment requirements, and You will be given an option for continuing with the newly assigned Partner OR You will be offered a complete refund, if You so desire. In exceptional circumstances, HousingNinja will work with You to reach a mutually acceptable solution. HousingNinja intends to be objective, fair and reasonable in resolving such situations in order to maintain a positive and harmonious relationship with its Members.

12.21 HousingNinja will process the refund of the Invoice amount for the incomplete Assignment to Your bank account/credit card/debit card/ (Payment Account) within 15 business days tentatively. In case Your Payment Account has been accidentally over-charged, please notify HousingNinja of the same at the earliest. HousingNinja will process the refund of the outstanding amount to Your Payment Account within 15 business days tentatively. It is mandatory for the Members to maintain unique Transaction ID numbers for the payments made or received, which would be provided at the time of placing a request. This number would be required to address any payment related issues, if any.

12.22 Except for the above clause, HousingNinja will under no other situation provide a refund to Your Payment Account, except for the condition expressly mentioned in this Agreement. The maximum refund amount claimable from HousingNinja cannot exceed the amount paid by the Member.

12.23 Neither User nor HousingNinja will be responsible for reimbursing Partners for expenses incurred while engaged in the performance of any Assignment, except for those enumerated in the Assignment, billed for in the Invoices for the specific Assignment, and agreed to by the applicable User.

12.24 HousingNinja is not liable and in no way responsible for any payment made to Partners outside the HousingNinja platform. No refund in any case whatsoever can be claimed from HousingNinja for the amount paid to a Partner directly by the User outside the HousingNinja platform.

12.25 Partners who have a Verified Partner Profile are only eligible for Assignments and can receive funds from HousingNinja if there is a validated PAN and AADHAAR on file with HousingNinja.

13. HOUSINGNINJA FEES

13.1 The Partner agrees to pay HousingNinja a Platform Fee for availing the platform software services which HousingNinja renders in India.

13.2 A Platform Fee shall be a percentage of the total invoice amount collected/received for in a calendar month by a Partner and will be deducted from the total payments made/transferred/funded to the Partner within 15 business days following the end of the month (Net 15 EOM), excluding any taxes or professional fees.

13.3 HousingNinja Platform Fee shall be earned by HousingNinja when payment to the Partner is made for the Invoices generated/raised by the Partner and paid for by Users. HousingNinja’s standard Platform Fee is ten percent of the payment stipulated to be transferred to the Partner by HousingNinja within 15 business days following the end of the month (Net 15 EOM), excluding any taxes or professional fees.

13.4 HousingNinja has the right to pursue a claim against the Partner for its Fee, including in the case of a Partner’s failure to submit the task/matter/service/work assigned under the Assignment, and/or in the case of a Partner’s failure to raise Invoices for Assignments to the User for a Closed Assignment such that HousingNinja can deduct its Fee.

13.5 HousingNinja reserves the right to change the Platform Fee charged to Partners at any time. HousingNinja Platform Fee changes are effective immediately upon their inclusion in this Agreement.

13.6 HousingNinja may in its sole discretion change some or all of its services at any time, with or without notice. In the event that HousingNinja introduces a new service, the fees for such service will be posted on the HousingNinja platform and effective at the launch of such service.

14. MEMBER INFORMATION

Members agree that HousingNinja may ask You to provide certain personalized information to provide personalized services. Our information collection and use policies with respect to the privacy of such information are set forth in the Site's Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that You are solely responsible for the accuracy and content of the information provided on our site. The Site may only be used in good faith and may not be used to transmit or otherwise make available any information that is false or that You do not have a right to make available under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), to threaten, abuse, harass, or invade the rights of any person or entity, to infringe on any person or entity's intellectual property rights, or in any other way that could reasonably be deemed unethical, illegal, or offensive. You may not misidentify Yourself or impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).

15. PUBLIC FORUM

We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, You agree that You shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other Member from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You alone are responsible for the content and consequences of any of your activities.

16. MONITOR CONTENT

We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services or features by Member, and we are not responsible for any such materials posted by Members. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Use, our policies or Applicable Laws. Unless You have our prior written consent, You will not post advertisements or promotional materials, solicit Members and/or Visitors of the Site, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site or its Services, use of the Site or it Services, or access to the Site or its Services.

17. SENSITIVE INFORMATION

17.1 You are not permitted to collect or store personal data about other Members. You are not permitted to access the Site for the purpose of data mining or extracting content from the Site beyond Your personal end use. It is important to remember that free questions submitted to HousingNinja Real Estate Forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and You have no control over who will read them eventually. It is therefore important that You are careful and selective about the personal information that You disclose about Yourself and others, and in particular, You should not disclose sensitive, embarrassing, proprietary or confidential information in Your comments to our Real Estate Forum. In the event You submit information through the Site, You agree to provide true, accurate, current and complete information and agree to promptly update the information to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, and/or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate Your participation in the Site and/or refuse any and all current or future use of the Site or its services (or any portion thereof).

17.2 HousingNinja will be entitled to process and transfer Your information as and when it deems fit and it may store or transfer Your information in a server outside India or the country where You are located in order to perform our obligations under this Agreement.

17.3 You agree to grant HousingNinja a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information and data available through your Account on the HousingNinja platform.

18. PARTNER AS AN INDEPENDENT CONTRACTOR

18.1 All parties to this Agreement are independent contractors and not joint venturers, franchisors or franchisees, partners, employees, agents or brokers of HousingNinja or any Users for which they perform Assignments or for any recipient of the real estate services on an Assignment (the “End Customer”).

18.2 Each Member hereby acknowledges and agrees that the HousingNinja platform is intended for use solely by Members who can appropriately enter into independent contractor relationships with one another for Assignments in accordance with Applicable Laws.

18.3 Notwithstanding the foregoing, each Member acknowledges and agrees that HousingNinja does not guarantee that a Partner is an independent contractor of the User, that the User is solely responsible for determining whether, in any particular case, a Partner can lawfully be engaged by the User as an independent contractor, and that HousingNinja is not responsible for and shall not be liable to any other party for such determination. Any conflict of interest question is to be determined solely by the User and the Partner involved in an Assignment.

18.4 A User or Partner unsure of whether an independent contractor relationship is appropriate in a given circumstance should consult with a lawyer of their choosing. By entering into this Agreement, each Member represents that the Member has determined that an independent contractor relationship will exist between such Member and all other Members. Each User furthermore represents that each Partner who performs an Assignment will be doing so as an independent contractor.

18.5 Partners represent and acknowledge that they are not employees of HousingNinja, and they shall always identify themselves as independent contractors to any third party. As an independent contractor, the Partner shall not be treated as an employee, partner, agent or joint venturer for national, state, municipal, provincial, territorial and local tax purposes or any other purpose.

18.6 As independent contractors, Partners are solely responsible for any and all national, local, and State taxes, including GST, professional taxes, insurance premiums, and any contributions made for itself and any of its employees.

18.7 Partners will be responsible for maintaining all records and remitting any taxes and submitting any required documentation, returns or filings to the appropriate taxing authorities. HousingNinja disclaims any responsibility for the foregoing, and the User and Partner each agree to indemnify and hold HousingNinja harmless against any such taxes and contributions.

18.8 ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE AS AN INDEPENDENT CONTRACTOR AND THIS IS AN ESSENTIAL TERM OF THIS AGREEMENT.

18.9 As independent contractors, Partners bear all of the costs and risks of operating their own business, including risks of loss. Partners agree to report the income received pursuant to this Agreement consistent with the reporting requirements of an independent contractor. As independent contractors, Partners retain the right to provide services to other clients of their choosing as well as entities outside the HousingNinja platform.

18.10 As an independent contractor, the Partner has the right to:

• determine the manner in which the task/matter/service/work stipulated in an Assignment will be performed, subject to User specifications for the end task/matter/service/work deliverables and standards;

• determine when the Assignment will be performed;

• determine what tools or equipment to use;

• reject any Assignment;

• determine where to purchase supplies and services;

• determine what task/matter/service/work must be performed by a specified individual consistent with the Assignment;

• be free from control and direction in how they perform the task/matter/service/work in an Assignment;

• perform task/matter/service/work for any User on the HousingNinja platform as well as perform task/matter/service/work for any other person or entity outside the HousingNinja platform; and

• determine what order or sequence to follow in performing the Assignment.

18.11 The Partner agrees that as an independent contractor, the Partner is solely responsible for the materials, supplies, equipment and all other costs incurred in the performance of completing the Assignment and that there shall be no reimbursement for any materials, supplies, equipment or operating costs by HousingNinja or the User, except for those enumerated in the Assignment, generated/raised for in the Invoices, and agreed to by the applicable User.

18.12 The Partner agrees that in performing any Assignment secured through the HousingNinja, the Partner will be acting in the ordinary course of the Partner’s own business.

18.13 In the event that a dispute arises as to the status of Partner as an independent contractor, or as to any rights or benefits from User to which Partner may claim to be entitled, User and Partner, and not HousingNinja, are responsible for resolving such disputes.

19. NON-DISCLOSURE AND NON-CIRCUMVENT

19.1 You shall not use or disclose any proprietary or confidential information which You obtain or otherwise gain access to as a result of Your access to or usage of the HousingNinja platform.

19.2 All information regarding an Assignment between the Partner and a User who sent such Assignment, whether or not in writing, is of a private, secret or confidential nature concerning the User’s property, personal, business or financial affairs (collectively, “Proprietary Information”) and shall be the exclusive property of such User. By way of illustration, but not limitation, Proprietary Information may include the contents of an Assignment, property description, property information, task/matter/service/work requirements, property related documents, property related legal agreements, processes, methods, techniques, negotiation strategies and positions, projects, property maintenance documents, developments, property development plans (including property, business and marketing plans), property data, research data, financial data (including sales costs, profits, pricing methods), personnel data, computer programs (including software used pursuant to a license agreement), customer, prospect and supplier lists, and contacts at or knowledge of customers or prospective customers of the User or any such information that exclusively belongs to the User.

19.3 You will not disclose any Proprietary Information to any person or entity other than the applicable User or use the same for any purposes (other than in the performance of Your duties as stipulated in the Assignment) without written approval by such User, unless and until such Proprietary Information has become public knowledge without Your fault.

19.4 While fulfilling the obligations of an Assignment for the User, a Partner will use his/her best efforts to prevent unauthorized publication or disclosure of any of the User’s Proprietary Information.

19.5 The Partner agrees that all files, images, documents, agreements, letters, notes, memoranda, reports, records, data, sketches, drawings, models, program listings, computer equipment or devices, computer programs or other written, photographic, or other tangible or intangible material containing Proprietary Information, whether created by such Partner or others, which shall come into his/her custody or possession, shall be and are the exclusive property of the User to be used by the Partner only in the performance of his/her duties for the User and shall not be copied or removed from the User’s premises except in the pursuit of the task/matter/service/work requirements of the User as stipulated in an Assignment.

19.6 Partners understand and agree that the Assignment generated by a User is between the Partner performing the service and the User procuring that service. If the End Customer is not the User procuring the service, then the Partner is prohibited from directly or indirectly contacting End Customers after the completion of the service and shall not circumvent the User or the HousingNinja platform in any way. For example, Partners are strictly prohibited from leaving personal information with any User or End Customer.

19.7 Any Partner who is found to circumvent the HousingNinja platform or engage with Users outside the HousingNinja platform will be immediately terminated from the Site.

20. INTELLECTUAL PROPERTY

20.1 All trademarks, brands and service marks used in connection with the HousingNinja platform/application and/or feature(s) offered are owned by HousingNinja and is HousingNinja’s property; HousingNinja owns all copyrights and intellectual property rights and database rights in connection with the HousingNinja platform. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third party trademarks may appear on this Application and all rights therein are reserved to the registered owners of those trademarks.

20.2 You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by use of the HousingNinja platform.

20.3 Except as expressly provided in these Terms of Use, no part of the HousingNinja platform and no content on the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise by means of electronic, mechanical, photocopying, recording, or otherwise without prior written permission of HousingNinja. This Site features logos, brand identities and other trademarks and service marks that are the property of, or are licensed to HousingNinja and its Members and affiliates. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of HousingNinja or any such third party that may own a Mark displayed on the Site.

20.4 You may use information that has been made available freely on the HousingNinja public forum/blog, and/or HousingNinja Site, with the following limitations:

• do not remove any proprietary notice language in all copies of HousingNinja data; or

• use HousingNinja information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or

• make no modifications to any such HousingNinja information; or

• do not make any additional representations or warranties relating to HousingNinja data.

21. COMMUNICATIONS

21.1 You agree and consent to receive electronically all communications, agreements, documents, notices, invoices, notifications, information, and disclosures (collectively, “Communications”) that HousingNinja or the Members provides on the HousingNinja platform about Your Account and Your use of the HousingNinja platform. All Communications are strictly to be transferred and received through the HousingNinja platform. You are solely liable for any form of communication with Members outside the HousingNinja platform, and HousingNinja cannot be held liable for such Communications.

21.2 HousingNinja platform provides all features to provide these Communications to You by posting them on the Your HousingNinja Account or emailing them to You via the email information provided in Your Account.

21.3 In order to access and retain electronic Communications, You will need a current web browser with cookies enabled; a recent version of Adobe Acrobat Reader to open documents in .pdf format; a valid email address (Your primary email address on file with HousingNinja); and sufficient storage space to save Communications or an installed printer to print them. HousingNinja will notify You if there are any material changes to the hardware or software needed to receive electronic Communications from HousingNinja or Members by updating this Agreement.

21.4 By giving Your consent above, You are confirming that You have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for Your records. You may print or save a copy of these Communications for Your records as they may not be accessible online at a later date. You may withdraw Your consent to receive Communications and notifications electronically by opting out through the HousingNinja platform or by writing to us by email at support@housingninja.com. It is Your responsibility to keep Your primary email address up to date so that HousingNinja and other Members can communicate with You electronically through the HousingNinja platform.

21.5 You understand and agree that if HousingNinja sends You an electronic Communication but You do not receive it because Your primary email address on file is incorrect, out of date, blocked by Your service provider, or You are otherwise unable to receive electronic Communications, HousingNinja will be deemed to have provided the Communication to You. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, You must add HousingNinja email addresses to Your email address book so that You will be able to receive the Communications HousingNinja sends to You. You can update Your primary email address or address at any time by logging into the HousingNinja platform. If your email address becomes invalid such that electronic Communications sent to You by HousingNinja are returned, HousingNinja may deem Your Account to be inactive, and You will not be able to transact any activity using Your HousingNinja Account until HousingNinja receives a valid, working primary email address from You. Your address should always be updated on Your Account as all Invoices will be directed to the address we have associated with Your HousingNinja account.

22. INDEMNIFICATION

You agree that HousingNinja shall not be responsible for, and You shall indemnify, defend, save and hold harmless HousingNinja, its partners, officers, employees, agents, representatives and corporate affiliates from, any claims, actions, demands, damages, liabilities, expenses and costs including professional fees, and fees of third parties in any way relating to or arising out of or in connection with Your or another User’s (1) Content, (2) access or use of the HousingNinja platform, (3) violation of any term of this Agreement, or (4) breach or violation of a right of any third party or of any Applicable Laws, statute, ordinance or regulation.

23. THIRD PARTY PROTECTION

The indemnification and disclaimers Clauses set forth above are for the benefit of HousingNinja and its affiliates. Each of these individuals or entities shall have the right to assert and enforce those Clauses directly against You on its own behalf.

24. OWNERSHIP OF CONTENT

By submitting a Free Question to HousingNinja Real Estate Forum, You understand and agree that Your question and any answer provided by Members will become part of the HousingNinja public database and the sole property of HousingNinja. You understand and agree that submitting a Free Question to HousingNinja or receiving an answer to a Free Question posted on our Site does not in any way create or establish a lawyer-client relationship between you and any Member, or between you and HousingNinja. The information and answers provided in response to Free Questions is intended to be generic real estate information, not legal advice, and is based upon the very limited information provided by You in a Free Question. Specific legal advice can only be given with full knowledge of all of the facts and circumstances of Your situation. If You are represented by a Lawyer, that Lawyer is the best person to give you advice about a case or legal matter. Under no circumstances should the information obtained on this site be used to make decisions about the quality of representation by a real estate professional or about the proper course of a real estate matter.

25. CONFLICT

In the event of any contradiction or inconsistency between this Terms of Use and any other agreement executed between You and HousingNinja, this Terms of Use shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this Terms of Use.

26. MODIFICATION OF THE TERMS OF USE AND HOUSINGNINJA PLATFORM

26.1 You understand and accept that HousingNinja, at its sole discretion, will periodically update, alter, improve, remove, replace, adapt and/or revise in part or full, any of the Terms of Use, the information, features, resources and services contained in this Site at any time, in its sole discretion, and reserves the right to make such changes without any notice.

26.2 When using HousingNinja operated services, You shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. HousingNinja may also offer other services that are governed by different Terms of Services, which will be posted on the Site from time to time. If You do not agree with any of these terms, or do not accept to be bound by the terms of this Agreement, then kindly do not use this Site.

26.3 HousingNinja also reserves the right to change, suspend, block, discontinue or restrict Your use to all or any feature of the HousingNinja platform/application at any time.

26.4 HousingNinja shall not be required to notify You of any changes made to this Terms of Use, together with the Privacy Policy, which shall be deemed to be a part hereof and incorporated herein by reference and represent the complete Agreement. The revised Agreement shall be made available on the Site. You are requested to regularly visit the Site and it is Your responsibility to check these Terms of Use regularly and to view the most current Agreement. You can determine when HousingNinja last modified the HousingNinja Terms of Use by referring to the “Last Updated” legend below.

26.5 HousingNinja may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Site and the HousingNinja platform. If no such separate consent is sought, Your continued use of the Site, following the changes to the Terms of Use, will constitute Your acceptance of those changes. Your use of the Site and the HousingNinja platform is subject to the most current version of the Terms of Use made available on the Site at the time of such use.

27. NOTICES

27.1 HousingNinja may give notice(s) by means of a general notice on the HousingNinja platform, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in HousingNinja’s Account information.

27.2 You may contact HousingNinja by electronic mail and all legal notices should be addressed directed to Our email address support@housingninja.com or by written communication sent by regular mail to Our address at B-4/437, Kalyani, Nadia, West Bengal 741235, India.

28. FORCE MAJEURE EVENT

In the event that HousingNinja’s platform is down, delayed, prevented or otherwise made impracticable by reason of any acts of God, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer “hacking” attack or computer virus; major failures of the internet infrastructure; any law, order, regulation or other action of any governing authority; or any other cause beyond Our reasonable control, HousingNinja shall be excused from such difficulties caused in the delivery of its services or delayed, prevented, or otherwise made impracticable by such cause.

29. ASSIGNMENT

29.1 You do not have the right to directly or indirectly assign or transfer, by operation of law or otherwise, this Agreement or any rights thereunder to any other person or entity without prior written approval of HousingNinja. HousingNinja has the right to transfer or assign its rights under this Agreement and the rights hereunder to any other person or entity without Your consent. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto. Any assignment or transfer contrary to this paragraph shall be void.

29.2 HousingNinja will be entitled to enter into any tie-up in terms of joint-venture or partnerships, or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by HousingNinja jointly and/or severally with the party/ies in joint-venture or partnership. You hereby give Your irrevocable consent and permission to such a tie-up, joint-venture, or partnership. In the event of such a tie-up, joint-venture, or partnership, the Terms of Use herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.

30. TERMINATION OF THIS AGREEMENT

30.1 The Terms of Use shall commence upon the date You use the Site in any form.

30.2 This Terms of Use will be terminated without notice in the event You fail to adhere by them or if you close your Account at any time, or due to extended period of inactivity, but We will attempt to notify You in advance of such cancellation or suspension.

30.3 HousingNinja is entitled to terminate this Agreement at all times by cancelling or suspending Your Account with immediate effect if You, violate or breach any term of this Agreement, or misuse the HousingNinja platform.

30.4 HousingNinja is not obliged to give notice of the termination of this agreement in advance.

30.5 Upon this suspension or termination, We may delete information, files, and other previously available content made available to You including but not limited to information provided by You. HousingNinja shall not be liable to You or any third party for any termination of Your access to the Site and/or the Services.

30.6 Clauses 19, 20, 22, 24, 26, 27, 28, 29, 30, 31, 32 and such other Clauses which are intended to survive the termination, shall survive the expiry/termination of this Agreement.

31. DISPUTE RESOLUTION AND JURISDICTION

31.1 These Terms of Use, together with the Privacy Policy, which shall be deemed to be a part hereof and incorporated herein by reference represent the complete Agreement and constitutes the entire understanding of the parties, and is agreed to being entered into within the jurisdiction of the courts of Kolkata, India and shall be governed by and shall be construed in accordance with the laws of the Republic of India, without giving effect to any choice of law rules or principles. Any dispute, claim, cause of action, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the HousingNinja platform/application (collectively, “Disputes”) arising between the parties shall be attempted to be settled amicably, through negotiation and consultation at such offices of HousingNinja as HousingNinja may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference within the jurisdiction of Kolkata, India. The reference shall be made to a sole arbitrator mutually appointed by HousingNinja and You. The place of the arbitration shall be Kolkata, India, unless otherwise mutually agreed by HousingNinja and You in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Kolkata, India. Any Dispute You may have with respect to the Site must be commenced within one (1) year after the Dispute arises.

31.2 To the extent permitted by law, in regards to any dispute/issues between Members, including without limitation, disputes/issues concerning, in whole or in part, claims related to Assignment quality, the payment of invoices, property damage, business harm or equipment damage, or compliance with the terms of this Agreement, the Members will resolve the dispute/issue between themselves without involving HousingNinja in any way. If the Members cannot resolve the dispute/issue informally, they shall proceed according to the dispute resolution procedures set forth above. All Members agree that they will not seek any form of support from HousingNinja to resolve such disputes/issues.

32. WAIVER AND SEVERABILITY OF ONE OR MORE CLAUSES

32.1 HousingNinja’s failure to act with respect to a breach of these Terms of Use by You or others does not constitute a waiver and shall not limit Our rights with respect to such breach or any subsequent breaches and HousingNinja can enforce actions against You and others.

32.2 The Clauses and provisions of this Terms of Use are severable, and in the event any Clause hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining calluses, but such a Clause shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable. If any Clause of this Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the intentions and purpose of this Agreement, and the other Clauses of this Agreement shall remain in full force and effect.

33. ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy, which shall be deemed to be a part hereof and incorporated herein by reference represent the complete Agreement between You and HousingNinja concerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter. You acknowledge that Your use of HousingNinja is solely at Your own risk, and that You assume full responsibility for all risks associated therewith. You affirm that You have carefully read this Agreement, understand the contents, have had an opportunity to fully discuss and review the Terms of Use with a lawyer or other advisors and freely and voluntarily agree to all of the terms and conditions of this Agreement. If You are unable to agree to the Terms of Use and/or our Privacy Policy of HousingNinja, we kindly request You to not use this Site.

Last Updated on November 23rd, 2017

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