01About these Terms.
These Terms & Conditions (“Terms”) constitute a binding agreement between you (whether acting personally or on behalf of an entity, family trust or family office) and Skill Block LLP, a limited liability partnership incorporated in India and having its registered office at 405, JMD Suburbio 2, Sector 67, Gurugram, Haryana 122102 (“99sqyd”, “we”, “us”).
The Terms govern your access to and use of 99sqyd.com (the “Site”), the 99sqyd mobile application (the “App”), the member portal, the data room, the concierge desk and any related products, services, intelligence briefings and communications offered by us (together, the “Services” or the “Platform”).
By accessing the Platform, requesting an invitation, registering as a member, listing a property, attending a viewing, executing a non-disclosure agreement through us or otherwise transacting with us, you confirm that you have read, understood and agreed to be bound by these Terms, together with our Disclaimer, our Privacy Policy and any supplementary terms that apply to a specific feature. If you do not agree with any part of these Terms, you must not use the Platform.
We may amend these Terms from time to time. Material amendments will be notified to registered members by email or in-platform notice. Continued use of the Platform after the effective date of an amendment constitutes acceptance of the revised Terms.
02Eligibility and invitation.
The Platform is an invitation-only marketplace and curation desk. Access is granted at the sole discretion of 99sqyd and is intended for ultra-high-net-worth individuals, family offices, institutional investors, non-resident Indian (NRI) principals, accredited corporate entities, and property owners and developers offering qualifying inventory. To be eligible to register or transact, you must:
- be at least 18 years of age and of sound mind, and have the legal capacity to enter into a binding contract under the Indian Contract Act, 1872;
- not be a person prohibited from receiving services under any sanctions regime applicable to 99sqyd, including those administered by the Reserve Bank of India, the Ministry of External Affairs (Government of India), the Office of Foreign Assets Control (United States) or the United Nations Security Council;
- provide truthful, current and complete information about your identity, residency, source of funds and investment objectives;
- where you act on behalf of an entity, hold the authority required to bind that entity to these Terms; and
- satisfy any additional eligibility, verification, KYC, net-worth or accreditation criteria that we may apply from time to time, and which may vary by membership tier.
An invitation, once issued, is personal to the invitee and is non-transferable. We reserve the right to refuse, suspend or withdraw an invitation or membership at any time, in our sole discretion, without assigning any reason.
03Account registration, KYC and net-worth verification.
To access most parts of the Platform you must create a member account. By registering, you represent and warrant that:
- all information you submit at registration and thereafter (including identity documents, address proofs, PAN, KYC details, source-of-funds declarations and, where applicable, net-worth evidence) is true, accurate, current and complete;
- you will promptly update such information whenever it changes;
- you will keep your account credentials confidential and will not share them with any third party, including spouses, family members, advisors or employees, except where we expressly permit a sub-user under a Family Office tier; and
- you are solely responsible for all activity that takes place under your account, including any access by persons to whom you have disclosed your credentials.
We may, at any time and at our sole discretion, require you to undergo enhanced verification, including in-person KYC, video KYC, submission of bank statements, ITR acknowledgements, audited financial statements, source-of-funds documentation, sanctions screening or background checks, before granting or continuing access to certain features (in particular, to off-market listings, the data room, or properties above specified ticket sizes).
You agree to notify us immediately at concierge@99sqyd.com if you suspect unauthorised access to your account. We reserve the right to suspend or terminate any account where we have reasonable grounds to believe that the information provided is false, misleading or out of date, or that the account has been compromised.
04Membership tiers and access levels.
Access to the Platform is structured across membership tiers, which determine the inventory, intelligence, concierge services and transaction support available to a member. The current tiers, the criteria for entry and the entitlements of each tier are set out on the Membership page of the Site and are incorporated by reference into these Terms.
Without prejudice to the foregoing:
- Public visitors see only such listings and content as we elect to display publicly;
- Verified members see additional inventory, intelligence briefings and partner content;
- Off-market access members are granted access to confidential, NDA-gated listings subject to Section 9; and
- Family office and institutional members may be assigned dedicated relationship managers and additional services on terms separately agreed in writing.
We reserve the right to introduce, modify, merge or discontinue tiers, to vary entitlements, and to migrate members between tiers, in our sole discretion, with reasonable notice for material changes that affect paid entitlements.
05License to use the Platform.
Subject to your continued compliance with these Terms, 99sqyd grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Platform for your personal, non-commercial purpose of evaluating real-estate opportunities, or, where you are listing property, of marketing it through us. Where the App is installed on a device owned or controlled by you, the same licence extends to such installation strictly in accordance with these Terms.
Except as expressly permitted, you must not, and must not permit any other person to:
- copy, reproduce, republish, mirror, archive, frame, redistribute, sell, license, lease or commercially exploit any part of the Platform, its content, listings, photographs, drawings, data, models or scoring methodologies;
- scrape, crawl, index, harvest or otherwise extract data from the Platform, whether by automated means (bots, spiders, scrapers, scripts) or by manual systematic retrieval;
- use the Platform or any content from it to train, fine-tune or evaluate any artificial intelligence model, machine-learning system or large language model;
- reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Platform; or
- use the Platform to build, support, or assist in the building of, a competing product or service.
Breach of this section constitutes a material breach of these Terms and may result in immediate suspension or termination of your account and legal action for damages and injunctive relief.
06Listings — the buyer-member's position.
Listings on the Platform are opportunities sourced by us from owners, developers, channel partners and other third parties. 99sqyd is a facilitator and curator. It is not the seller, the developer or the promoter of any listed property and is not a party to any sale, lease, joint development, allotment or other transaction that may follow from a listing.
Information shown on a listing — including descriptions, areas, floor plans, photographs, renders, possession schedules, builder track-record, amenities, micro-market data, AI-assisted scores, IRR projections and rental-yield estimates — is provided on an indicative basis and subject to the limits set out in our Disclaimer. Without limiting that document, every buyer-member acknowledges and agrees that:
- any decision to inspect, offer for, or acquire a property is made solely on the basis of the buyer-member's own independent legal, technical, valuation, tax and financial due diligence, conducted with the buyer-member's own professional advisors;
- verification badges displayed by us reflect our reasonable good-faith review of documents provided at a point in time and are not title insurance or a guarantee of marketable title;
- no statement, projection, estimate or score appearing on the Platform constitutes a representation by 99sqyd that the property will perform as projected, will be saleable at any particular price or will yield any particular return; and
- all binding rights and obligations between buyer and seller arise solely from definitive transaction documentation executed between them.
07Listings — the seller-member's obligations.
If you list a property with us, whether as the registered owner, an authorised agent, a developer or a channel partner (the “Seller”), you represent, warrant and undertake on a continuing basis that:
- you are the lawful owner of the property or hold a valid, subsisting and irrevocable written authority from the owner to list it for sale, lease or other transfer through 99sqyd, and you can produce evidence of such ownership or authority on demand;
- the property is free from undisclosed encumbrances, attachments, litigation, family disputes, partition claims, tenancy claims, tax dues, planning-permission breaches and other defects of title, or where any such matter exists, it has been disclosed to us in writing;
- all information you provide to us — including specifications, areas (with the area definition specified), photographs, drawings, RERA registration numbers, possession status, asking price and any disclosures of pending matters — is true, accurate, current and complete, and you will update us promptly upon any change;
- you hold all intellectual-property rights necessary to authorise our display and use of the photographs, renders, plans and other content provided, and you grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to use such content for the purposes of marketing the property and promoting the Platform;
- you will not list the property at materially different prices on competing platforms during the engagement period set out in our Listing Agreement or, in the absence of such an agreement, while the listing is live with us;
- you will deal exclusively through 99sqyd with members and prospects introduced to you through the Platform, for the duration set out in Section 9, and you will not seek to circumvent 99sqyd by transacting outside the Platform with such persons;
- you will pay our brokerage, marketing, listing or referral fees on the terms separately agreed with us in writing or, in their absence, on our then-current standard schedule; and
- you will indemnify 99sqyd and the buyer-members against any loss arising from the breach of any of the foregoing representations.
We reserve the right to decline any listing, to require additional documentation before publishing, to remove or pause a listing at any time, to require corrections, and to terminate the engagement where we believe the listing or the Seller is in breach of these Terms or applicable law.
08Transactions, introductions and the concierge desk.
The role of 99sqyd in any transaction is limited to facilitation, introduction, curation and coordination. We may arrange viewings, manage the exchange of documents through our data room, draft non-binding term sheets, broker introductions to legal, tax, banking, escrow and design partners, and otherwise assist the parties in moving towards a definitive agreement. We do not:
- act as a party to the underlying transaction;
- act as agent for the buyer in dealings with the seller, or vice versa, except where expressly appointed in writing and only on the terms of such appointment;
- act as custodian, escrow agent or trustee of any monies, except where we specifically agree to do so in writing and through a regulated escrow arrangement; or
- guarantee, warrant or insure performance by the other party.
Token money, advance payments, sale consideration, stamp duty and registration charges shall flow directly between the buyer and the seller (or through a regulated bank/escrow account designated by them), and not through 99sqyd, save where we have entered into a separate written escrow facilitation arrangement. Where such an arrangement exists, the terms of that arrangement will prevail to the extent of any inconsistency with these Terms.
09Off-market deals, confidentiality and anti-circumvention.
Certain inventory on the Platform is designated as “off-market,” “private,” “NDA-required,” “stealth” or “members-only.” Access to such inventory is conditional on, and is granted strictly subject to, the additional commitments set out in this Section, which are agreed by you as a condition of being granted such access.
Confidentiality.
- You will treat the existence of the off-market opportunity, the seller's identity, the address and unit number, the asking price, the data room contents and any related information (the “Confidential Information”) as strictly confidential.
- You will not disclose Confidential Information to any person other than your own professional advisors who are bound by an equivalent duty of confidentiality and who have a need to know.
- You will not screenshot, photograph, scrape, copy, archive, publish, forward, post or otherwise reproduce or transmit Confidential Information by any means.
- Where required, you will execute a separate non-disclosure agreement and a no-circumvention undertaking in the form prescribed by us.
Anti-circumvention.
- You will not, directly or indirectly, and whether for your own benefit or for the benefit of any third party, contact the seller, the seller's agent, the seller's family, employees or representatives in relation to the property otherwise than through 99sqyd.
- You will not seek to negotiate, conclude or complete a transaction in respect of an off-market property introduced to you by 99sqyd, outside the Platform, for a period of twenty-four (24) months from the date of introduction, except through 99sqyd or with our prior written consent.
- If you transact in breach of this undertaking, you agree to pay 99sqyd, by way of liquidated damages and not as a penalty, an amount equal to the brokerage that would have been payable to us had the transaction been routed through the Platform, together with all our costs of enforcement, without prejudice to any other right or remedy available to us in law or equity.
The undertakings in this Section survive termination of your membership.
10Fees, brokerage and payment terms.
Fees payable to 99sqyd may include, depending on the services availed: membership fees (one-time or recurring, by tier); listing fees and premium-placement fees payable by Sellers; transaction-success fees, brokerage and marketing fees payable by Sellers or buyers on consummation of a transaction; concierge and bespoke advisory fees; and partner-referral fees. Fees applicable to you will be communicated on the Membership, Listing or Engagement page applicable to the service, or under a separately executed engagement letter.
- All fees are quoted in Indian Rupees and are exclusive of taxes. Goods and Services Tax (GST) and any other applicable taxes will be charged on the invoice at the rate in force on the date of invoicing.
- Member fees and platform fees are payable by NEFT, RTGS, IMPS, UPI, demand draft, NRE/NRO/FCNR transfer (for NRI members) or other electronic means as we may designate. We do not accept payment by credit card for property transactions or for amounts above such threshold as we notify from time to time.
- No payment to 99sqyd may be made in cash beyond the limits prescribed under Section 269ST of the Income-tax Act, 1961 (currently ₹2,00,000 in aggregate from a person in a day).
- Fees, once paid, are non-refundable except as expressly provided in Section 12. Where invoiced, fees are payable within the period stated on the invoice (default: 7 days). Overdue amounts may attract interest at 18% per annum, calculated daily.
- 99sqyd may, from time to time, receive referral fees, marketing fees or revenue shares from partners (including legal, tax, banking, escrow, design, valuation, financing and property-management partners) to whom we introduce members. Such arrangements do not, of themselves, vary the partner's professional obligations to the member.
You are responsible for all taxes, duties, levies, withholdings (including TDS), stamp duty, registration charges, GST and other governmental charges applicable to your transactions with us and with third parties introduced through us.
11Subscriptions and renewals.
Where you subscribe to a paid membership tier or a recurring service:
- The subscription will be billed in advance at the rate applicable on the date of subscription (or renewal) for the relevant tier.
- Unless cancelled in accordance with the cancellation procedure below, the subscription will auto-renew at the end of each term for an equivalent term, at the rate then in force.
- You may cancel renewal at any time by written notice to concierge@99sqyd.com, by submitting a cancellation request through your member portal, or via your dedicated relationship manager. Cancellation takes effect at the end of the then-current paid term.
- We may change subscription rates from time to time. Any change will be notified by email or in-platform notice not less than 30 days before the change takes effect for existing subscribers, and you will have the right to cancel renewal during that notice period.
- We may suspend or downgrade your subscription if any fee is overdue beyond the period in Section 10.
12Refunds policy.
Fees paid to 99sqyd are generally non-refundable. Without limiting the foregoing:
- Membership and subscription fees, once paid for a term, are non-refundable on cancellation of renewal; the member retains access until the end of the paid term.
- Transaction-success fees and brokerage, once earned on consummation of a transaction (which includes the buyer and seller signing a binding sale agreement, allotment letter, lease or joint development agreement), are non-refundable.
- Listing fees and premium-placement fees, once paid, are non-refundable.
- Concierge and bespoke advisory fees are refundable only in respect of services not yet rendered, at our discretion, and net of costs incurred and a reasonable engagement fee.
- Where we accept a refund, the refund will be made to the original mode of payment (or, where that is not possible, to a designated bank account of the member) within 21 working days of acceptance, net of applicable taxes and transaction costs that we are unable to recover.
Nothing in this Section limits any non-excludable right of a consumer under applicable law.
13Acceptable use and prohibited activities.
You agree, as a continuing obligation, that you will not:
- provide false, misleading or impersonated identity or net-worth information, or use the Platform on behalf of a person who would not themselves be eligible under Section 2;
- use the Platform for any unlawful purpose, including money-laundering, financing of terrorism, evasion of taxes, evasion of foreign-exchange controls or any sanctions evasion;
- circumvent the off-market and anti-circumvention undertakings in Section 9;
- scrape, crawl, mirror, archive or otherwise systematically extract data from the Platform, or attempt to do so;
- use any content from the Platform to train, fine-tune or evaluate any artificial intelligence model;
- upload viruses, malware, Trojan horses or other harmful code;
- interfere with or disrupt the Platform, its infrastructure or its security features;
- impersonate any person, misrepresent your affiliation with any person or entity, or use another member's credentials;
- harass, threaten, defame or abuse any other member, our employees, our partners or third parties contacted through the Platform;
- post any content that is defamatory, obscene, hateful, harassing, discriminatory, threatening, sexually explicit, or that infringes any third-party intellectual property right, privacy right or other right;
- use the Platform to send unsolicited commercial communications (“spam”);
- use the Platform as part of any effort to compete with us; or
- sell, transfer, sublicense or otherwise dispose of your account, your tier entitlements or your access credentials.
Breach of this Section may result in immediate suspension or termination of your account, forfeiture of fees, civil action for damages and injunctive relief, and where applicable, criminal complaint and reporting to regulatory authorities.
14Submissions, reviews and member content.
From time to time you may send us feedback, suggestions, ideas, testimonials or other materials (“Submissions”), or you may post reviews, comments, photographs, recordings or other content through interactive features of the Platform (“Contributions”).
- You assign to 99sqyd all rights, including intellectual-property rights, in any Submissions, and we may use them for any purpose without acknowledgement or compensation.
- You retain ownership of your Contributions, but you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable licence to host, store, display, reproduce, publish, adapt, translate and excerpt them for the purposes of operating, promoting and improving the Platform.
- You warrant that Submissions and Contributions are your own work or are made with the consent of all relevant rights-holders, and that they are not false, misleading, defamatory, infringing or otherwise unlawful.
- We may, at our discretion, edit, moderate, refuse to publish or remove any Contribution, and may suspend the account of any member who breaches this Section.
- Reviews of partners, advisors and listings must reflect the member's genuine first-hand experience and must not be solicited or compensated.
15Intellectual property.
All content on the Platform — including the 99sqyd name, logo and marks (including the wordmark “99sqyd” and any device marks), text, descriptions, editorial, journal articles, photographs, drawings, videos, illustrations, infographics, data visualisations, micro-market indices, scoring methodologies, valuation models, market intelligence briefings, software code, the selection and arrangement of listings, and the look and feel of the Site and the App — is the intellectual property of 99sqyd, its affiliates or its licensors.
Save for the limited licence granted to you under Section 5, no right or licence in any of the foregoing is granted to you, whether expressly or by implication, estoppel or otherwise. Unauthorised reproduction, distribution, adaptation, scraping, indexing, machine-learning training, public display or commercial exploitation is prohibited and may result in civil and criminal proceedings.
Where Sellers provide content (photographs, plans, renders, descriptions) for inclusion in their listings, the Seller retains ownership and grants us the licence described in Section 7.
16Privacy and personal data.
We handle personal data in accordance with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000 and rules thereunder, and our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform you consent to the collection, processing and use of your personal data as described in the Privacy Policy.
The Platform is hosted in India. If you access the Platform from outside India (including as an NRI member), you understand and consent to the transfer of your personal data to, and processing in, India.
17Third-party services and the partner network.
The Platform may contain links to third-party websites and may facilitate introductions to a curated network of independent professionals and service providers (including legal counsel, chartered accountants, tax advisors, valuers, architects, interior designers, property managers, lenders, escrow agents and private bankers). 99sqyd is not responsible for the content of third-party sites, for the conduct of third-party providers, or for any contract that you enter into with such providers. The engagement, scope, fees and liability of any third-party provider are matters strictly between you and that provider.
You may link your account to certain third-party services (for example, WhatsApp, email or calendar integrations) on the terms separately stipulated in our Privacy Policy. Such integrations are subject to your continuing agreements with those third-party providers, which prevail to the extent of any inconsistency.
18Disclaimers.
The Platform and the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory or otherwise, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of content, uninterrupted availability and security.
Without limiting the foregoing, we make no warranty as to the suitability of any property for any particular purpose, the accuracy of any third-party information published on the Platform, the realisation of any projected return, IRR, yield, score or appreciation, or the conduct of any seller, buyer, developer, professional or counterparty. The full list of disclaimers applicable to listings, valuations, AI-assisted scores, RERA registration, off-market inventory, NRI transactions and investment risk is set out in our Disclaimer, which is incorporated by reference and which you should read in full.
Please note Nothing on the Platform constitutes legal, tax, financial or investment advice. Before making any investment decision, please consult your own independent legal, tax and financial advisors.
19Limitation of liability.
To the maximum extent permitted by applicable law, in no event shall 99sqyd, its affiliates, partners, designated partners, directors, officers, employees, consultants or agents be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages, including (without limitation) loss of profit, loss of opportunity, loss of expected returns, loss of business, loss of goodwill, loss of data or diminution in value, arising out of or in connection with:
- your access to or use of the Platform;
- your reliance on any listing, verification badge, valuation, IRR projection, investment score, market intelligence, journal article, or any other content of the Platform;
- the conduct, default, misrepresentation, insolvency or fraud of any seller, buyer, developer, channel partner, professional, lender, escrow agent or other counterparty;
- delay, failure, unavailability or interruption of the Platform, whether caused by cyber-attack, technical malfunction, planned maintenance, force majeure or otherwise; or
- introductions made through the concierge desk to third-party professionals or partners.
Subject to applicable law, the aggregate liability of 99sqyd to any single member, in respect of all claims arising in any twelve-month period, shall not exceed the aggregate fees actually received by 99sqyd from such member during such period, or where no fees have been received, ₹1,00,000 (Rupees one lakh) in aggregate, whichever is higher.
Nothing in this Section operates to exclude or limit liability that cannot lawfully be excluded or limited under applicable law, including liability for fraud or wilful misconduct.
20Indemnification.
You agree to defend, indemnify and hold harmless 99sqyd, its affiliates, designated partners, directors, officers, employees and agents from and against all claims, demands, proceedings, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:
- your breach of these Terms, the Disclaimer, the Privacy Policy, any applicable Listing Agreement, NDA, anti-circumvention undertaking, or any applicable law or regulation;
- your misuse of the Platform, including any unauthorised disclosure of off-market or NDA-restricted information;
- any misrepresentation by you regarding identity, residency, source of funds, net worth, accreditation or investment objectives;
- any property listed by you, including any defect of title, encumbrance, litigation, mis-description or non-disclosure; and
- any dispute between you and any other member, seller, buyer, developer, advisor or third party.
We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.
21Suspension and termination.
We may, at our sole discretion and with or without notice, suspend or terminate your access to the Platform, downgrade your membership tier, revoke an invitation, or delete your account, where:
- you breach any provision of these Terms, the Disclaimer, the Privacy Policy or any applicable supplementary agreement;
- we have reason to believe that information provided by you is false, misleading or out of date, or that you fail any KYC, AML or sanctions screen;
- you engage in conduct that, in our reasonable view, harms or is likely to harm 99sqyd, its members, its partners or the integrity of the Platform;
- you fail to pay any fee on the due date;
- we are required to do so under applicable law or by order of any court, tribunal or regulator; or
- we determine, in our sole discretion, to discontinue the Platform or any part of it.
Termination does not relieve you of liability for fees accrued up to the date of termination, and the provisions of Sections 9 (off-market and anti-circumvention), 15 (intellectual property), 18 (disclaimers), 19 (limitation of liability), 20 (indemnification), 25 (dispute resolution), 26 (governing law) and this Section 21 shall survive termination.
22Modifications and service interruptions.
We reserve the right, at any time and at our sole discretion, to modify, suspend, discontinue or remove any part of the Platform, with or without notice. We will use reasonable efforts to provide advance notice of material changes affecting paid services. We are not liable to you or any third party for any modification, suspension or discontinuance of the Platform, except to the extent of a pro-rata refund of pre-paid fees for affected paid services.
The Platform may experience downtime for maintenance, upgrades, repairs, security incidents or events beyond our reasonable control. We do not warrant uninterrupted or error-free availability.
23Force majeure.
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including (without limitation) acts of God, natural disasters, pandemics or epidemics, fire, flood, earthquake, war, terrorism, civil unrest, government action or restriction, change in law, sanctions, cyber-attack, internet or telecommunications failure, power failure, or strikes or labour disputes (a “Force Majeure Event”). The affected party shall give prompt notice of the Force Majeure Event and shall use reasonable efforts to resume performance.
24Electronic communications, WhatsApp and signatures.
You consent to receive communications from us electronically — by email, SMS, WhatsApp, in-platform messaging, push notification or otherwise — including in relation to your account, listings, transactions, invoices, intelligence briefings, service announcements and marketing communications. All such communications satisfy any legal requirement that the communication be in writing.
You consent to the use of electronic signatures, electronic records and electronic delivery of notices, policies and records of transactions initiated or completed through the Platform, and you waive any right or requirement under any law in any jurisdiction that requires an original signature or non-electronic record-keeping.
WhatsApp and SMS programmes. By opting in to our WhatsApp or SMS programmes (which include deal alerts, intelligence briefings, viewing reminders, transaction updates and concierge messages), you consent to receive such messages at the mobile number you have registered. Message and data rates may apply. You may opt out at any time by replying “STOP” (for SMS), by using the unsubscribe option in our WhatsApp messages, or by writing to concierge@99sqyd.com.
25Dispute resolution and arbitration.
Informal resolution.
The parties shall first attempt, in good faith, to resolve any dispute, controversy or claim arising out of or in connection with these Terms (a “Dispute”) by informal negotiations for a period of not less than thirty (30) days from the date on which one party gives the other written notice of the Dispute.
Arbitration.
If the Dispute is not resolved through informal negotiation, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement of the parties or, failing such agreement within fifteen (15) days of a party proposing a candidate, by the Delhi International Arbitration Centre (DIAC) under its rules. The seat and venue of arbitration shall be New Delhi, India. The language of the arbitration shall be English. The award shall be final and binding on the parties.
Restrictions.
To the maximum extent permitted by law: (a) arbitration shall be limited to the Dispute between the parties individually; (b) no Dispute shall be joined with any other proceeding; and (c) there is no right or authority for any Dispute to be arbitrated on a class-action or representative basis.
Exceptions.
Notwithstanding the foregoing, either party may apply to a court of competent jurisdiction for urgent or interim injunctive or equitable relief in respect of: (i) protection or enforcement of its intellectual-property rights; (ii) enforcement of the confidentiality and anti-circumvention undertakings in Section 9; and (iii) recovery of liquidated damages under Section 9. Such application shall not constitute a waiver of the right to arbitrate the underlying Dispute.
26Governing law and jurisdiction.
These Terms, the Disclaimer, the Privacy Policy, your use of the Platform and any non-contractual obligations arising in connection therewith shall be governed by, and construed in accordance with, the laws of the Republic of India. Subject to the arbitration provisions in Section 25, the courts at Gurugram, Haryana shall have exclusive jurisdiction in respect of any matter arising out of or in connection with these Terms.
27Notices, miscellaneous and entire agreement.
- Notices to 99sqyd shall be in writing and sent to legal@99sqyd.com with a copy by registered post to our registered office at 405, JMD Suburbio 2, Sector 67, Gurugram, Haryana 122102.
- Notices to you shall be sent by email or in-platform notification to the address registered to your account, or by post to such address as you have last provided. Notice is deemed received on the day of sending (for email and in-platform notice) or three business days after dispatch (for registered post).
- Entire agreement. These Terms, together with the Disclaimer, the Privacy Policy, any Listing Agreement, any NDA, any subscription order or engagement letter, and any tier-specific terms, constitute the entire agreement between you and 99sqyd in respect of the subject matter, and supersede all prior understandings.
- No waiver. Our failure or delay in exercising any right or remedy under these Terms shall not operate as a waiver of that or any other right or remedy.
- Severability. If any provision of these Terms is held unlawful, void or unenforceable, it shall be severed and the remaining provisions shall continue in full force and effect.
- Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations to any affiliate or successor in business on reasonable notice to you.
- No partnership. Nothing in these Terms creates a partnership, joint venture, agency, employment or fiduciary relationship between you and 99sqyd.
- Third-party rights. Save as expressly stated, no person who is not a party to these Terms has any right to enforce them.
28Grievance redressal.
In accordance with the Information Technology Act, 2000 and the rules made thereunder, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and with the Digital Personal Data Protection Act, 2023, we have designated a Grievance Officer to receive and address concerns and complaints from users:
- Grievance Officer: [Name to be inserted]
- Designation: [Designation to be inserted]
- Address: 405, JMD Suburbio 2, Sector 67, Gurugram, Haryana 122102
- Email: grievance@99sqyd.com
- Phone: +91 70424 33099 (Monday to Friday, 10:00 to 18:00 IST)
Complaints will be acknowledged within twenty-four (24) hours of receipt and resolved within fifteen (15) days, subject to the nature of the complaint and any documentation reasonably required from the complainant.