Terms & Conditions
User Agreement
Welcome to Landbitt! Welcome to Landbitt, a digital asset platform owned and operated by and proprietary to ‘Landbitt Private Limited’ (“Landbitt Platform”), a company incorporated in India and having its address at SHOP NO 112, RAMESHWAR BUNGALOWS AND ARCADE- 11, Dholera Ahmedabad Road Kasindra, Ahmedabad, Gujarat 382210 (“Landbitt or we or us or our”).
You agree and understand that by accessing or using the Landbitt Platform or by signing up and opening an account with us or by holding any Digital Assets/LBT/NFTs in any manner whatsoever, you are deemed to enter into this user agreement (the “User Agreement”) and/or agree to be subject to this User Agreement by and between you and Landbitt, and you agree to be legally bound by its terms and conditions, so please read them carefully. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use the Landbitt Platform.
Using our Services
By accessing or signing up and opening an account on the Landbitt platform, you represent and affirm that you are at least 18 years old, a citizen of India and have the legal capacity to enter into this User Agreement by and between you and Landbitt and to use the services provided on the Landbitt Platform and you agree to be legally bound by the terms and conditions of this User Agreement in its entirety.
You agree and understand that by logging into your account or authenticating to our application programming interface (“AP|”) with your API key (“API Authenticating” or
“API Authentication” following any change to this User Agreement, your login or API Authentication, as applicable, shall constitute your agreement to the amended User Agreement by and between you and Landbitt and you agree to be legally bound by its terms and conditions as amended. Among other things, this means that, if you log into your account or APl Authentication following an amendment to this User Agreement, transactions that you or others have already undertaken could be affected by the amended terms and conditions of this User Agreement. You agree and understand that we have the right to require your affirmative assent and continuing acceptance of this User Agreement, from time to time, as a condition of you accessing or using the Landbitt Platform, or logging into your account, as applicable. If you do not agree to be bound by this User Agreement, you should not access or use the Landbitt Platform or login to your account. Should you disagree with this User Agreement (including any changes or amendments) please close your account in accordance with the Account Closure procedure of Landbitt. In order to create your account and use the services offered on the Landbitt Platform, you must first successfully provide the required KYC information and any other information required by Landbitt pursuant to our customer identification policies. Please understand that we reserve the right to change any of these terms and conditions at any time. But don’t worry, you can always find the latest version of this User Agreement here on this page.
Applicable Laws and Regulations
Your conduct on the Landbitt Platform is subject to the laws of Republic of India and any rules and regulations of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”). You unequivocally agree and understand that by signing up to the Landbitt Platform and opening an account and using the Landbitt Platform in any capacity, you agree and understand to act in compliance with and be legally bound by this User Agreement as well as the Applicable Laws and Regulations and our policies including our privacy policy.
Your Account
Account Opening
Only individuals or corporate entities that have opened an account (“Landbitt Account”) and successfully completed the KYC and other customer identification requirements prescribed by Landbitt are considered the customers of Landbitt (each, a “Landbitt Customer”).
Corporate entities are required to designate specific individual(s) who alone will have the access to the Landbitt account on behalf of such corporate entities. If such corporate entities wish to nominate any other person or replace the existing nominees, they will have to authorize such nominees as the designated users on behalf of such corporate entities. You alone are responsible for all the associated risks for providing your API Authentication key to any third-person. You hereby authorize us, or a third-party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the KYC information that you submit and to take any action we deem necessary based on the results. You undertake to provide any additional information which may be required as per the policies of our third-party service providers in order to verify and authenticate your identity.
Your Account
Digital Asset Account
The Digital Asset Account reflects the current number of
LBT held by you. On opening and accessing your Landbitt Account and before you purchase any Digital Assets on the Landbitt Platform you will be required to link your existing Digital Wallet or create a new Digital Wallet with Your Digital Asset Account. If you do not own a Digital Wallet (as defined below) you will need to set up an account with a digital wallet service provider of your choice which supports the storage of your Digital Assets and which is compatible with the block-chain technology used by Landbitt. Your use of the Digital Wallet selected by you will be governed by the terms of use of the Digital Wallet service provider. If you do not have a Digital Wallet, you will not be able to purchase any NFTs and / or transact on the Landbitt Platform.
“Digital Wallet” means a secured virtual environment which holds and stores your NFTs, which is built upon a blockchain protocol and is secured by a private key created by the user of such a wallet.
Landbitt Customers who are corporate entities will have a single User Account which may be operated by multiple authorized users of such corporate entities in accordance with the terms and conditions of this User Agreement.
Access to your Landbitt Account is limited solely to the individuals who have successfully registered and opened an associated User Account. You agree that you will not grant any person access to your User Account, except as described herein, as granting access may violate Applicable Laws and Regulations and compromise the security of your Landbitt Account.
Account Access
You are only permitted to access your Landbitt Account using your User Account login credentials and other required forms of authentication. We require multi- factor authentication to keep your User Account safe and secure.
As a result, you are required to use at least two forms of authentication when accessing your User Account and performing certain operations in your Landbitt Account. Forms of multi-factor authentication in addition to your login credentials may include one- time passwords delivered through short message service (“SMS”). We reserve the right in our sole discretion to prohibit your access to the Landbitt Platform temporarily or permanently, if we believe that there is any violation or threatened violation of this User Agreement or if any device on which the operating system has been or is suspected of having been modified or tampered without obtaining our written authorization. You agree that we may provide your login data to a third-party service provider in order to help us authenticate you. You agree that your User Account login credentials and any other required forms of authentication, where applicable, have been chosen by you. You also agree to keep your User Account login credentials and any other required forms of authentication, including your API keys, confidential and separate from each other, as well as separate from any other information or documents relating to your Landbitt Account and your User Account. You agree and understand that your disclosure of login information to third parties may negate our user authentication measures and allow unauthorized access to your account. You agree that Landbitt or its third-party service providers cannot be held responsible or liable for unauthorized access or other loss resulting from your direct or indirect disclosure or other transmission, whether intentional or inadvertent, of your login information to third parties. You agree and understand that you are solely responsible (and you will not hold us responsible) for managing and maintaining the security of your User Account login credentials and any other required forms of authentication, including your API keys. You further agree and understand that, we are not responsible or liable (and you will not hold us responsible or liable) for any unauthorized access to or use of your User Account and/or your Landbitt Account. You agree and understand that you are responsible for monitoring your Landbitt Account. If you notice any unauthorized or suspicious activity in your account, you are required to contact us immediately. You understand that being a DLT platform our ability to take any action or enforce them is very limited and therefore any corrective actions or remedies, once you inform us of any suspicious activity, shall be on a best effort basis only without any liability being incident on Landbitt for any action or inaction about the reported activity.
Account Communication
Account History
Account Review and Acknowledgment
Account Closure
Account Suspension
You agree and understand that we have the right to immediately (i) suspend your Landbitt Account or in the case of corporate entities, your Landbitt Account for which you are an authorized representative or authorized signatory; and ii) freeze/lock your Digital Assets in your Digital Asset account, and (iii) suspend your access to Landbitt Platform, until a determination has been made, if we suspect, in our sole discretion, you and /or any such accounts to be in violation of: (a) Any provision of this User Agreement; (b)
Any Applicable Laws or Regulations; (c) Our Policies updated from time to time; or (d) Our Marketplace Conduct Rules, at any time since the opening of such account (each, a “Conduct Violation”). You further agree and understand that we have the right to immediately (i) suspend your Landbitt Account, (ii) freeze/lock the LBT in your Digital Asset Account and seek to recover additional funds from you to cover your payment obligations under the User Agreement, or any losses suffered by Landbitt on account of your breach or violation, and iii) suspend your access to Landbitt Platform until a determination has been made, if: We are required to do so by a regulatory authority, court order, summons, or a binding order of a government authority; Your Landbitt Accounts are or subject to any pending litigation, investigation, or governmental proceeding; If we believe in our sole discretion, someone is attempting to gain unauthorized access to your Landbitt Accounts; We believe there is unusual activity in any of your Landbitt Accounts; We believe your Landbitt Accounts were used for any unauthorized or illegal purpose; We believe you are using Landbitt Platform or your login credentials, or other account information in an unauthorized or inappropriate manner;
The Landbitt Platform account is being accessed from a jurisdiction where we do not offer Landbitt services; If your Landbitt Account(s) has been suspended, you will be notified when accessing any of your Landbitt Accounts on the Landbitt Platform. We may, in our sole discretion, give Written Notice that your Landbitt Account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so by Applicable Law
Account Investigations
You agree and understand that we have the right to immediately investigate your Landbitt Account, if we suspect, in our sole discretion, that you and /or any such account has committed a Conduct Violation or otherwise been engaged in any Prohibited Use or suspicious/ illegal activity. You further agree and understand that we have the right to immediately investigate your accounts if: We are required to do so by a regulatory authority, court order, summons, or binding order of a government authority; The Landbitt Account, subject to any pending litigation, investigation, or governmental proceeding; Any account was used to facilitate any illegal purpose or activity; If we take any of the aforesaid actions relating to your Account, we will give Written Notice and state the reasons for such action. You will have the right to submit, within 7 (seven) calendar days from the date of notification, a written statement to our Chief Compliance Officer (“CCO”) explaining why no disciplinary action should be taken against you. You agree and understand that upon our request and within the time frame designated by us, you and any related party are obligated to respond to any interrogatories in writing and to furnish any documentary materials and other information in connection with any investigation initiated pursuant to this User Agreement. You agree and understand that neither you nor any related party shall impede or delay any investigation or proceeding conducted pursuant to this User Agreement and shall not refuse to comply with any request made pursuant to this User
Account Remedies for Breach
You agree and understand that if you or your Landbitt Account is determined, in our sole discretion, to have committed a Conduct Violation or violation of any of our policies, we have the right to claim damages from you of amounts that you may be in default to pay to Landbitt in connection with your ownership of your LBT and any other damages suffered by us as a result of the Conduct Violation. We also have the right to freeze/lock/seize your Digital Assets in your Landbitt Account if you fail to comply with your obligation to fund the purchase price or any other payment obligation and you have failed to fulfil such an obligation. You further agree and understand that if we determine, in our sole discretion, that you have colluded, coordinated and/or collaborated with any other User to commit a Conduct Violation or violation of our policies or violation of any applicable law then you will be liable to compensate us for such amounts that are equivalent to the losses suffered by us including any attorney fees. If you disagree with any determination made or remedy exercised under this subsection, you may bring an arbitration action pursuant to the ‘Dispute Resolution’ section of this User Agreement.
Account Termination
Legal Process
Unclaimed Funds
If your Landbitt Account remains closed or dormant for a long enough period of time determined as per our policies, we may be required, upon the passage of applicable time periods, to report any remaining funds in your account as unclaimed property in accordance with applicable laws. If this occurs, we will use reasonable efforts to give Written Notice. If you fail to respond to any such Written Notice within 7 (seven) Business Days (as defined herein) or as otherwise required by law, we may be required to deliver any such funds to the applicable authority as unclaimed property. We reserve the right to deduct an administrative fee resulting from such unclaimed funds, as permitted by Applicable Law and Regulations.
Background Checks
In furtherance of our customer verification policies, we reserve the right to require you to provide us with additional information and /or require you to undergo a background check prior to being authorized to use Landbitt, or at any point thereafter, in accordance with Applicable Laws and Regulations.
Prohibited Activity
Landbitt does not permit the use of the platform for any prohibited activity in a Landbitt account, including but not limited to: use on any black-market, ransomware, mixing service (i.e., a mixer or tumbler used to obscure the source of funds), or illegal activity that would violate, assist in violation of, or cause Landbitt to violate any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and freeze/lock the funds and assets in all such Reaix Accounts, and iii) suspend your access to Landbitt, if we suspect, in our sole discretion, your Landbitt Account to be in violation of our Prohibited Activity.
Landbitt Platform
We offer the opportunity to you for buying and selling Digital Assets. You may use your Landbitt Account to buy and/or sell your Digital Assets. When we receive full subscription to the listed property, a transaction (each, a “Transaction”) occurs. Each Transaction (i) transfers ownership of these Digital Assets / LBT between Users, (ii) is recorded on our internal ledger (“Transaction Ledger”), and (iii) is reflected through automatic adjustments to each User’s Digital Asset Account. You agree to pay all fees associated with or incurred by your use of the Landbitt Platform and understand that all fees will be debited from your Landbitt Account and all proceeds will be credited to the applicable Landbitt Account. All Transaction activity is “off-chain” and not broadcast to a given blockchain.
API Agreement
You agree and understand that by accessing or using our API, you agree to the terms and conditions for the use of our API Transaction Commitment To purchase Digital Assets, you must deposit funds into our escrow account to confirm your commitment and you are not permitted to place an Order unless you have deposited enough funds in our escrow account to satisfy your transaction (i.e. all commitments are pre-funded). When you place a commitment, the full amount of funds required (including any fees) need to be deposited in our escrow until the subscription is fulfilled or is cancelled. Any commitment that exceeds the amount of available funds deposited in our escrow account will be rejected and any amount paid in excess of the commitment, will be refunded without interest. Prior to the placement of a commitment, you are required to review the following information: 1. The amount to be deposited in our escrow account; 2. The amount of Digital Assets to be bought or sold; 3. The gross purchase price (buy) or sale proceeds (sell) of your transaction; 4. Any fees or other charges associated with your transaction; 5. The net proceeds to be transferred into your Digital Asset; and 6. A notification which warns you that once your commitment has been placed it may not be cancellable or otherwise undone (you may choose to hide this notice going forward).
Terms and Conditions of Commitment
You agree and understand that we reserve the right to cancel any commitment, or remaining portion of any transaction, if:
- Any such commitment was placed and/or active during downtime;
- Any such commitment violates any provisions of this User Agreement;
- Any such commitment is materially non-marketable. You agree and understand that commitments may be subject to, and we shall have no liability for, delays, difficulties, and/or conditions affecting transmission or execution of commitments over which we have no control, including, but not limited to, mechanical or electronic failure or market congestion. You agree and understand that we reserve the right to require all commitments to pass automated compliance checks. If your commitment is flagged for review by any of these checks or if it meets certain defined criteria, it may require our manual review and approval. We will use commercially reasonable efforts to review such commitments on a timely basis, but we are not liable for any delays. If at any time you are in any doubt about the status of your commitment, you can view your commitment status on Landbitt. We may cancel any transaction flagged for review. Lastly, we may require you to confirm your transaction via telephone or another form of authentication prior to execution.
Transaction Settlement
All commitments that are fulfilled, executed, or matched (in whole or in part) (each, a “Transaction”), settle immediately and are recorded on our Platform Ledger.
Transaction Receipts After your transaction has been placed, we will send you an email confirming your commitment (each, an “Transaction Receipt”), and another email when your commitment is subsequently fulfilled (in whole or in part) (each, a”Transaction Receipt”). Transaction Receipts contain the following information: The Transaction date, type, ID, amount, and pricing information if applicable; Contact information (including a phone number) for Landbitt should you have any questions, need to register a complaint, or claim that your transaction was not authorized (subject to applicable limits described herein). Transaction Receipts contain the following information: The Transaction date, type, ID, amount and pricing information; All fees charged; should you have any questions, need to register a complaint, or claim that your transaction was not authorized (subject to applicable limits described herein) Landbitt maintains and retains records of your Transaction History for a period as required by its internal policies & applicable laws and regulations. It is your sole responsibility to review your Transaction History and Transaction Receipts on a regular basis for authenticity.
Marketplace
Marketplace Conduct Rules
You agree to abide by and understand that we enforce the following marketplace standards of conduct rules (“Marketplace Conduct Rules”) designed to prevent the use of Landbitt for disruptive or manipulative conduct or deceptive practices, including, but not limited to, disruptive transactions and price manipulation. We take our Marketplace Conduct Rules very seriously and it is our policy to take all the necessary steps to prohibit manipulative conduct or deceptive practices. The following are strictly prohibited on Landbitt
Fraudulent Acts
Neither you nor any related party shall engage or attempt to engage in any fraudulent act or engage or attempt to engage in any scheme to defraud, deceive or trick, in connection with or related to any Transaction on or other activity related to Landbitt.
Fictitious Transactions
Neither you nor any related party shall create or execute fictitious transactions or place any commitment for a fictitious transaction with knowledge of its nature.
Market Manipulation
- Any disruption or manipulation of the Landbitt marketplace whatsoever is prohibited.
- Violation of Applicable Laws and Regulations
- Neither you nor any related party shall engage in conduct that is in violation of any Applicable Laws and Regulations, including but not limited to this User Agreement.
- Misstatements/Concealment
- It is a violation of this User Agreement to make any misstatement or for Concealment of a material fact to Landbitt, its board of directors, any committee thereof, or any director, officer, manager, or employee of Landbitt.
- Disrepute Upon You or Landbitt
- Neither you nor any related party may access Landbitt in any way which could be expected to bring disrepute upon you or Landbitt.
Non-Supervision
Money Passes
Disruptive Practices
Intimidation
Neither you nor any related party shall:
Engage, directly or indirectly, in any conduct that threatens, harasses, coerces, intimidates, or otherwise attempts improperly to influence another market participant or any other person. This includes, but is not limited to, any attempt to influence a market participant or person to adjust or maintain a price or quotation on Landbitt or any related market, or any refusal to trade or any other conduct that retaliates against or discourages the competitive activities of another market participant or person. Nothing in this Marketplace Conduct Rule with respect to the coordination of each transaction, Price of the Property shall be deemed to limit, constrain, or otherwise inhibit your freedom: (i) to set your own bid or ask on any transaction, (i) set the price at which you are willing to buy or sell any Digital Asset, and (ii) set the quantity of the Digital Asset that you are willing to buy or sell, provided that such conduct is otherwise in compliance with all Applicable Laws and Regulations. These provisions apply to the entire Landbitt marketplace at all times.
Custody
Our Platform Ledger tracks the balance and ownership of your Digital Assets. Entries on our Platform Ledger are not publicly disclosed.
Your Digital Assets
We will store your Digital Assets in a SPV Account controlled and secured by a Directors appointed by Landbitt; the balances of which are reflected in the Digital Asset Account of your Landbitt Account. Digital Assets in a SPV Account are pooled together in one or more of our Digital Wallets. Digital Assets in a SPV Account are pursuant to the NFT SPV Agreement entered into by and between Landbitt as the Settlor of the SPV and the Directors s appointed by Landbitt.
Deposits and Withdrawals
- Is in the name of an individual or institution and is in compliance with Applicable Law and that is named on your primary Landbitt Account, and
- Is domiciled in the country of residence of the individual or institution named on the Landbitt Account (each, a “User Bank Account”). If your deposit in our escrow account does not originate from a User Bank Account or account linked to User Bank Account, it can be returned at the earliest. Wire Deposits We accept wire deposits from User Bank Accounts only. You agree and understand that wire deposit settlement times are subject to bank holidays, the internal processes and jurisdiction of your bank, and the internal processes of our Banks and financial institutions. You further agree and understand that in certain situations, wire deposit settlement times may be delayed in connection with Downtime or disruptions to Landbitt Service Providers. Digital Asset Deposits Digital Asset deposits will typically be credited to your Landbitt Account after the required number of network confirmations, as determined by us in our sole discretion, have occurred on the blockchain for such Digital Assets. You agree and understand that in certain situations, Digital Asset deposits may be delayed in connection with downtime or congestion of or disruption to a Digital Asset Network. Digital Asset Withdrawals Digital Assets withdrawals will typically be processed at the speed of a Digital Asset Network. In certain situations, Digital Asset withdrawals may be delayed in connection with downtime or the congestion or disruption of a Digital Asset Network. Digital Asset Networks You understand that we do not own or control the underlying software protocols of Digital Asset Networks which govern the operation of Digital Assets. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. You agree and understand that: (i) we are not responsible for the operation of the underlying protocols, and (ii) we make no guarantees regarding their security, functionality, or availability.
Prohibited Use and Conduct Violations You agree and understand that the Digital Assets is prohibited from being used in the following manner: including, but not limited to, use on any dark market, ransomware, mixing service (i.e., a mixer or tumbler used to obscure the source of funds), or illegal activity that would violate, or assist in violation of, any Applicable Laws and Regulations (as defined in the ‘Applicable Laws and Regulations’ section), or which would involve proceeds of any unlawful activity. You further agree and understand that we have the right to immediately suspend, investigate, and/or terminate your account pursuant to the terms of this User Agreement for any such Conduct Violations or if we reasonably believe that Conduct Violations have occurred or may occur, as determined in our sole discretion. You agree and understand that your Digital Assets involved in a Conduct Violation may be subject to freezing, forfeiture to, or seizure by a law enforcement agency and/or subject to any similar limitation on its use, may be wholly and permanently unrecoverable and unusable, and may, in appropriate circumstances, be destroyed.
Disclaimer
WE HAVE NO CONTROL OVER THE VALUE OF THE UNDERLYING IMMOVABLE PROPERTY OF THE DIGITAL ASSET AND CONSEQUENTLY WE ALSO DO NOT HAVE ANY CONTROL OVER THE VALUE OF THE DIGITAL ASSET. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITIES ARISING FROM ANY REDUCTION IN THE VALUES OF THE UNDERLYING IMMOVABLE PROPERTY AND THE DIGITAL ASSET. WE MAKE NO GUARANTEES NOR GIVE ANY ASSURANCES OR ANY SECURITY AND MAKE NO REPRESENTATION CONCERNING THE VALUE AND/OR ANY CHANGE IN THESE VALUES OF THE UNDERLYING IMMOVABLE PROPERTY AND THE DIGITAL ASSET.
Questions, Feedback, and Complaints If you have questions, feedback, and complaints please see the ‘Questions, Feedback, and Complaints’ section of this User Agreement.
Dispute Resolution
If you are a Landbittl Customer and have a dispute related to the LBT, you agree and understand that it shall be governed by the ‘Dispute Resolution’ section of this User Agreement. If you are not a Landbitt Customer, by obtaining or using the LBT, you agree that any relationship between you and us (other than the terms and conditions of this section of our User Agreement) or you and any Landbitt Service Provider and does not subject us or any Landbitt Service Provider to any obligations whatsoever as they relate to you. If you are not a Landbitt Customer, by obtaining or using the LBT, you further agree and understand that you will not make us and/or any Landbitt Service Provider a party to any dispute, including a dispute involving the LBT, and you hereby agree to indemnify us and/or any Landbitt Service Provider for any and all costs, including legal costs, which are reasonably incurred by us and /or any Landbitt Service Provider and related to such disputes.
Privacy of Information
Recording and Recordkeeping
You agree and understand that for our mutual protection we may electronically record any telephone conversation we have with you. You also agree and understand that we maintain and retain records of all information, activities, and communications relating to your Landbitt Account, and your use of the Landbitt Platform.
Terms and Conditions of Investment
Disposition of LBT
As a Landbitt Customer you will be entitled to purchase LBT which will entitle you to an undivided co-ownership of the underlying immovable property, which is associated with that set of LBT. Each LBT will be treated as an intangible moveable asset and accordingly subject to the various dispositions that are applicable to an intangible moveable asset as may be available under Applicable Law. These dispositions are as follows:
a) Sale, assignment, transfer, convey:
A sale of goods is where the goods are transferred from the seller to the buyer. But where the transfer of the goods is to take place at a future time or subject to some condition, then it is an agreement for sale and not an actual sale.
Goods means every kind of moveable property and will include NFTs.
b) Pledge:
A pledge is where there is a delivery of goods to a creditor for the purpose of securing a debt due to him by the owner of the goods. In the case of a pledge, the pledgee has a right to sell the goods in the event of a default to recover the debt.
c) Lien:
A lien is a right to retain goods to secure payment, but without the right to sell the goods in case of a default.
d) Charge / Encumber:
Where property is made security for the payment of money.
e) Gift:
Is a transfer of certain existing moveable property made voluntarily and without consideration by a donor to the donee and accepted by the donee on someone on behalf of the donee.
f) Exchange:
When two persons mutually transfer the ownership of one thing (NFT) for the ownership of another thing, and none of the things exchanged is money. And transfer in this case is sale.
g) Will:
Is also known as a testament, which is a declaration in writing making a voluntary posthumous disposition of property.
h)Attachment by a Judicial Order:
If any Court or a Judicial authority passes an order attaching the property, which then prevents the owner of the property from dealing with it or disposing of it in any manner.
i) Freeze instructions under any governmental / regulatory / law enforcement authority:
Where any law enforcement agency, such as the Enforcement Directorate, CBI, Income Tax or the police issue instructions to seize the property.
j) Void transfers:
If there is any transfer of an NFT for an illegal purpose, then the transaction is void and is not enforceable. For example, if a NFT holder were to transfer the NFT to purchase drugs or achieve any illegal benefit or gratification, such a contract is void.
k) Voidable transfers:
Any contract (from the list mentioned above), concerning the NFT which is enforceable by law at the option of one party to the contract but not at the option of the other party, is a voidable contract. For example: If a contract has been entered into by undue influence, in which case, the person who is under the undue influence of another, can choose not to honour it and he will not be liable; or with a minor, where the minor being unable to contract, can choose to rescind the contract and the minor will not be liable.
l) Auction:
Where the contract is an invitation to an offer. Here the seller invites the purchaser to make an offer to purchase the NFT for a price, which if the seller accepts, then it becomes a valid contract, and not otherwise. Hence the seller invites bids from prospective purchasers to make offers to purchase the NFT for a price and the contract for sale comes into existence only when the seller accepts a price offered by the purchaser. Any of the aforesaid dispositions relating to the LBT will be linked to proportionate ownership of the underlying immovable property associated with that LBT. This means that whatever monetary value/consideration that is attached to the LBT notionally represents the proportionate value of the underlying immovable property associated with such LBT.
Each LBT therefore represents an undivided ownership of a prescribed area (1 sq. inch) of the immovable property and a collection of a specific number of LBT will represent the entire undivided ownership of that immovable property. To enable the Transaction of each LBT on the Landbitt Platform/Marketplace, which may involve multiple trades and dispositions with respect to each LBT resulting in a change in the ownership of the LBT on multiple occasions, the legal (registered) ownership of the underlying immovable property (associated with such LBT) will always remain with the Landbitt SPV Company which shall hold such immovable property in SPV as a fiduciary for and on behalf of each LBT holder who or which along with the other LBT holders shall together be the beneficial owners/holder of such immovable property. You as the owner of each LBT shall therefore be entitled to deal with the LBT in any one or more of the abovementioned dispositions such as (a) Sale, assignment, transfer and/or convey; (b) Pledge; (c) Lien; (d) Charge, Encumber; (e) Gift;
(f) exchange; (g) bequeath by Will; (h) Auction; and each LBT is subject to (i) transfer by intestate succession, (il) attachment pursuant to a judicial order; (ili) Freeze instructions pursuant to any governmental /regulatory/law enforcement authority; (iv) Void and voidable Transfers. You will be able to deal with your LBT in any of the above manner by clicking and accessing the options available in your Digital Asset Account and providing the necessary details about your disposition.
Conversion of Ownership
As the owner of the LBT, you are also entitled to the proportionate undivided beneficial co-ownership of the underlying immovable property linked to such LBT and accordingly you shall have the right at any time to opt for the direct legal proportionate registered undivided co-ownership of the underlying immovable property. This can be achieved in the following manner: (a) If a majority in number of the LBT holders constituting at least 51% of the area of the immovable property covered by such LBT holders decide by a vote to convert the ownership of the immovable property from beneficial ownership into a legal ownership for the purposes of sale of the underlying immovable property to any third-party or any individual
LBT holder (or jointly with other LBT holders), then you along with other LBT holders will have the right to do so by casting your individual votes in favour of such conversion and sale on the Landbitt Platform. If the votes cast by the number of LBT holders which hold not less than 51% of the area of the immoveable property, then Landbitt and the Landbitt SPV Company will act on the decision of the majority LBT holders to enable the transfer of ownership of the underlying immovable property from the SPV to any third – party purchaser or any individual LBT holder (or jointly with other LBT holders) (b) The decision to convert the nature of ownership of the underlying immovable property shall always be based on a majority vote and even if you have voted against it, you will be obliged to comply with and honor the decision of the majority. (c) Pursuant to such conversion all the LBT linked to such underlying immovable property will be burned /extinguished and you will cease to hold any LBT linked to such underlying immovable property and you along with all the other LBT holders (linked to such underlying immovable property) will become the direct registered co-owners of such property ownership and the provisions of this User Agreement to the extent they were applicable to you as the LBT holder of such immovable property will no longer apply.
Disposition of Immovable Property
As the owner of the LBT, you are also entitled to the proportionate undivided beneficial co-ownership of the underlying immovable property linked to such LBT and accordingly you shall have the right at any time to opt for leasing or licensing the underlying immovable property. This can be achieved in the following manner: (a) If a majority in number of the LBT holders constituting at least 51% of the area of the immovable property covered by such LBT holders decide by a vote to allow the use, occupation and enjoyment of the underlying immovable property by virtue of a lease or a licensing agreement, then you along with other LBT holders will have the right to do so by casting your individual votes in favour of such leasing or licensing arrangement on the Landbitt Platform. If the votes cast by the number of LBT holders which hold not less than 51% of the area of the immoveable property, are in favour of such leasing or licensing arrangement of the underlying immovable property, then Landbitt and the Landbitt SPV Company will act on the decision of the majority LBT holders to enable the leasing or licensing of the underlying immovable property on behalf of and for the benefit of the LBT holders. In that regard, You along with the other LBT holders authorize Landbitt and the Landbitt SPV Company to collect and deposit the monthly rents / license fees received by leasing/licensing of the underlying immovable property, and deposit the same in the User Bank Account in proportion to the number of LBT held by you, on a monthly or quarterly basis, as may be decided by Landbitt. (b) The decision to lease or license the underlying immovable property shall always be based on a majority vote and even if you have voted against it, you will be obliged to comply with and honor the decision of the majority.
Your Payment Obligations
As a LBT holder you shall be periodically liable to make your proportionate contribution for the up-keep, maintenance, insurance, taxes, stamp-duty and any other charges, fees that are required to be paid in connection with your proportionate, undivided, beneficial co-ownership of the underlying immovable property. Landbitt shall accordingly notify you of all such payments that are required to be made by you from time to time and you must deposit such amounts into our escrow account when requested by us, which shall be used to discharge your respective payment obligations. If you fail to make such payments into our escrow account it will be considered to be a Conduct Violation and the consequences of the Conduct Violation as mentioned in this User Agreement shall apply.
Powers and Functions of the Landbitt SPV company
You hereby agree, confirm, undertake, consent and acknowledge that Landbitt and the Landbitt SPV Company will implement all such lawful acts, deeds and instructions with respect to the disposition, maintenance and operation of the underlying immovable properties as set out in this User Agreement in a fiduciary capacity and they shall not be held liable or responsible in any manner for any losses, cost, charges, damages, penalties and expenses that you may incur as a result thereof. You also agree to pay any and all fees by whatever name charged by Landbitt and the Landbitt SPV Company for the services provided to you under this SPV agreement.
General Use
Code of Conduct We work hard to make Landbitt safe, secure, and compliant. To that end, we expect that you treat our employees, including our Customer Support Team, as you would like to be treated yourself: with respect. Any use of inappropriate or abusive language towards any of our employees is strictly prohibited. Examples include, but are not limited to, verbal threats, harassment, aggressive comments, or behavior that is disrespectful. This type of behavior, we will terminate your account.
Proprietary Rights and Limitations on Use Landbitt is our proprietary platform. Landbitt is protected by copyright and other intellectual property laws. You agree and understand not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store Landbitt source code or similar proprietary or confidential data or other similar information provided via Landbitt, without our express prior written consent. You may not use Landbitt for any unlawful purpose. We hereby grant you a non-assignable and non-exclusive personal, worldwide, royalty-free license to use and access the Landbitt platform and other informational content through Landbitt in accordance with this User Agreement. All other uses are prohibited. All rights in and to Landbitt platform, and not granted herein, are reserved. Landbitt and the Landbitt logo (whether registered or unregistered) (the “Landbitt Marks”) are proprietary marks licensed to Landbitt and protected by applicable trademark laws. Nothing contained in this User Agreement should be construed as granting any license or right to use any of the Landbitt Marks displayed here without our express written consent. Any unauthorized use of the Landbitt Marks is strictly prohibited. Also, you may not use any of the Landbitt Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (e.g., Digital Assets, fiat currency, securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitizations or synthetic products, etc.), including where the price, return, and /or performance of the investment product is based on, derived from, or related to Landbitt or any portion thereof, without a separate written agreement with us.
Service Modifications
You agree and understand that we may modify part of or all of the Landbitt platform without notice.
Downtime and Maintenance
You agree and understand that part of or all of Landbitt may be periodically unavailable during scheduled maintenance or unscheduled downtime. You agree and understand that Landbitt is not liable or responsible to you for any inconvenience or damage to you as a result of downtime.
Following Downtime, when services resume, you understand that market conditions and prices may differ significantly from the market conditions and prices prior to such Downtime.
Loss and Recovery
You will not hold Landbitt or the Property Token Issuer liable for loss of your Property Token due to your negligence or any cyber-attack or any act the cause of which does not emanate from any action or lack of it by Landbitt or the Property Token Issuer.
b. Right to admit Loss of Token Claims
Landbitt shall in its sole discretion, entertain any request to recover lost Property Tokens and follow its process to ascertain the veracity of such claims and examine the authenticity of such claims through valid proofs of identity and ownership from the current wallet holder and the claimant both, if and as needed.
c. Notice to prove ownership
Should there be any claim on a Property Token that is found to be prima- facie bonafide, Landbitt may send a notice to the Property Token Wallet and expect a response within a reasonable time period from the holder of the wallet.
d. Adjudication of claim based on proof
Further, to retain their claim on the Property Tokens, the wallet owner may also be required to provide sufficient proofs of ownership, failing which, Landbitt, itself or through any governing or administering body or officer as so may be designated by it, will be at full and absolute freedom to grant the ownership of LBT in the Property Token in favour of the claimant and take steps to assign the Property Token or issue new Property Token to the claimant’s wallet.
Provisions related to receiving Rent/License
Fees
You will be entitled to receive rents/license fees, after suitable deductions for maintenance, statutory dues, debt payments and various fees, and charges as they may be applicable, if and when any immovable property represented by your Property Token is given on lease or license. Provided however, if for any reasons under Applicable Law you are not entitled/eligible to receive rents/ license fees then Landbitt shall not make any such payment to you but deal with the amount due to you (as rent/license fee) in a manner to enable you to receive an equivalent benefit commensurate with the value of such rent license fee that is due to you.
Business Continuity
In the event Landbitt goes into voluntary liquidation or winding up, the operations of Landbitt will be taken over by the Landbitt SPV Company, which will operate as the custodian of all the immovable properties of which it is the legal owner for the benefit of all the NFT Holders who are the beneficial holders of the immovable properties. The Landbitt SPV Company will identify another person/entity/company to assign all the rights and obligations under this User Agreement and the NFT Terms and Conditions to such person/entity/company which will assume all the rights and obligations under this User Agreement and the NFT Terms and Conditions. In the event a petition is filed for the appointment of any receiver of its assets or for bankruptcy, any administrator who is appointed of Landbitt’s assets, then the Landbitt SPV Company will work together with such administrator to identify any other person/entity/company which will assume the rights and obligations of this User Agreement and the NFT Terms and Conditions.
Third-Party Websites
Landbitt may link to other websites operated by or with content provided by third parties, and such other websites may link to our website. You agree and understand that Landbitt has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement of such websites, their content, or their operators. Landbitt is providing these links to you only as a convenience.
Third-Party Service Providers
Third-Party Information Accuracy and Usage
An information provider is any company or person who directly or indirectly provides us with information (“Information Provider”). Such information could include, but is not limited to, the value of the underlying immoveable property of the LBT, overall market conditions affecting Landbitt estate prices in India, quotations from other exchanges, markets, dealers, and/or miners of Digital Assets. The third-party information we may provide through Landbitt has been obtained from Information Providers and sources we believe are reliable; however, we cannot guarantee that this information is accurate, complete, timely, or in the correct order. The information belongs to the Information Providers.
You may use this information only for your own benefit. You may not reproduce, sell, distribute, circulate, create derivative works from, store, commercially exploit in any way, or provide it to any other person or entity without our written consent or the consent of the Information Provider, if required.
Tax Advice and Information
You agree and understand that Landbitt does not provide legal, tax, or investment advice, and to the extent you deem necessary, you will consult with qualified professionals prior to using Landbitt.
Non-Solicitation
You agree and understand that all Commitments received through and by Landbitt are considered unsolicited, which means that you have not received any investment advice from us or any Landbitt Service Provider in connection with any commitment you place, including those you place via our APl, and that we do not conduct a suitability review of any commitment you place, including those you place via our API. You also agree and understand that you have not and do not expect to receive any investment advice from us nor any of our affiliates in connection with your transaction. In addition, you agree and understand that your review of our blog and/or FAQ does not constitute any solicitation or investment advice.
Participation Advice
You agree and understand that all participation decisions are made solely by you. Notwithstanding anything in this User Agreement, you agree and understand that we accept no responsibility whatsoever for and shall in no circumstances be liable to you in connection with, your decisions. You agree and understand that under no circumstances will the operation of Landbitt and your use of Landbitt be deemed to create a relationship that includes the provision of or tendering of investment advice. You agree and understand that by using Landbitt and placing your commitments, you have sufficient knowledge to place such transactions. You are responsible for making sure that any commitments placed by you are accurate and intentional.
We may, in some cases, and at our sole discretion, require secondary electronic, verbal, written or other confirmation before acting if your account activity is outside of its normal range of activities. You agree and understand that the information and services provided by Landbitt are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to any Applicable Laws and Regulations, the rules or regulations of any governmental authority or regulatory organization, or where Landbitt is not authorized to provide such information or services. Landbitt may not be available in all jurisdictions.
Accessing Landbitt
You agree and understand that you are not allowed to enter any restricted area of any computer or network of Landbitt or any Landbitt Service Provider under any circumstances or perform any functions that are not authorized by this User Agreement. You should never access Landbitt from an unsecured or public computer and /or network.
Prohibited Use
Sanctions and Export Controls
The services we provide are subject to the laws of the Republic of India and its regulations relating to investment in Landbitt estate by foreign nationals. By purchasing Digital Assets on Landbitt, you represent and Warrant that your acquisition and use of any such digital Asset complies with those requirements. Without limiting the foregoing, you may not buy Digital Assets on Landbitt or use any of our services that we provide if: (i) you are a resident of Pakistan, Bangladesh or Nepal or any other country, which the Indian government prescribes, whose resident cannot acquire any immoveable property in India (‘Prohibited Jurisdiction) or ii) you intend to sell any Digital Assets bought on Landbitt or offer any services that we provide on Landbitt in any Prohibited Jurisdiction.
General Provisions
You agree and understand to be legally bound by the terms and conditions set forth in this User Agreement and that this User Agreement governs your use of Landbitt and the services we provide. By clicking “I AGREE,” during the account opening process, you agree and understand to be legally bound by the terms and conditions of this User Agreement and agree and understand that you have received the disclosures set forth herein. If you do not agree to be legally bound by the terms and conditions of this User Agreement, do not click “I AGREE” and please do not visit, access, or use Landbitt in any capacity or manner. Whether or not you click “I AGREE,” if you sign up for an account and use Landbitt in any capacity or manner, you agree, by virtue of any such action, to be legally bound by the terms and conditions of this User Agreement (including any changes or amendments) in their entirety.
Disclaimer of Warranties
For the avoidance of doubt, neither we nor any Landbitt Service Provider are giving investment advice, tax advice, legal advice, or other professional advice by allowing you to use Landbitt, services we or any Landbitt Service Provider provide, including, but not limited to, the ability to buy, sell, or store Digital Assets. In addition, neither we nor any Landbitt Service Provider recommend, or endorse that you buy or sell Digital Assets, or any other asset, or that you make any investment or enter into any Transaction. Before engaging in any transaction or investment activity, you should always consult a qualified professional. THE SERVICES WE AND Landbitt SERVICE PROVIDERS PROVIDE ARE PROVIDED TO YOU ON A STRICTLY “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS.
NEITHER WE NOR ANY Landbitt SERVICE PROVIDER REPRESENT OR WARRANT TO THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF Landbitt OR THE INFORMATION CONTAINED THEREIN OR SERVICES CONTAINED THEREON. Landbitt DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE OR USE OF THE SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR FREE.
Disclaimer of Liability
EXCEPT TO THE EXTENT REQUIRED BY LAW, NEITHER WE NOR ANY Landbitt SERVICE PROVIDER SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR SIMILAR DAMAGES, INCLUDING LOST TRADING OR OTHER PROFITS, DIMINUTION IN ASSET VALUE, OR LOST BUSINESS OPPORTUNITIES EVEN IF WE AND/OR ANY Landbitt SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF IN CONNECTION WITH THIS USER AGREEMENT, YOUR USE OR ATTEMPTED USE OF Landbitt, OR ANY OF THE INFORMATION, SERVICES OR TRANSACTIONS CONTEMPLATED BY THIS USER AGREEMENT. Landbitt’S TOTAL LIABILITY FOR BREACH OF THIS AGREEMENT SHALL BE LIMITED TO RS. 1,00,000/-. YOU AGREE AND UNDERSTAND THAT NEITHER WE NOR ANY Landbitt SERVICE PROVIDER SHALL BE LIABLE FOR DELAYS OR INTERRUPTIONS IN SERVICE CAUSED BY INTERRUPTION SHORTER THAN ONE WEEK, OR DELAYS OR INTERRUPTIONS IN SERVICE BEYOND THE CONTROL OF Landbitt OR ITS SERVICE PROVIDERS. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO ANY DAMAGE OR INTERRUPTIONS CAUSED BY ANY COMPUTER VIRUSES, SPYWARE, SCAMWARE, TROJAN HORSES, WORMS, OR OTHER MALWARE THAT MAY AFFECT YOUR COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING, DOMAIN TYPOSQUATTING, OR OTHER ATTACKS, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.
NEITHER WE NOR ANY Landbitt SERVICE PROVIDER GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO Landbitt.
IF THIS DISCLAIMER OF LIABILITY SECTION IS DEEMED TO CONFLICT WITH ANY OTHER SECTION OF THIS USER AGREEMENT, THIS DISCLAIMER OF LIABILITY SECTION SUPERSEDES THE OTHER SECTION
Reasonable Care
You agree that we cannot be held responsible for any failure or delay to act by any Landbitt Service Provider, including our Banks, or any other participant that is within the time limits permitted by this User Agreement or prescribed by law, or that is caused by your negligence. You further agree that neither we nor any Landbitt Service Provider can be held responsible for any “System Failure” (defined as a failure of any computer hardware or software used by Landbitt, a Landbitt Service Provider, or any telecommunications lines or devices used by Landbitt or a Landbitt Service Provider), or downtime, which prevents us from fulfilling our obligations under this User Agreement, provided that we or the relevant Landbitt Service Provider (as applicable) used commercially reasonable efforts to prevent or limit such System Failures, or downtime. You also agree that neither we nor any Landbitt Service Provider can be held responsible for any other circumstances beyond our or such Landbitt Service Providers’ (as the case may be) reasonable control.
In addition, you agree and understand that any act or omission made by us or any Landbitt Service Provider in reliance upon or in accordance with any provision of Applicable Law, Shall constitute reasonable care and be commercially reasonable. We use commercially reasonable efforts to provide you with a reliable and secure platform.
From time to time, interruptions, errors or other deficiencies in service may occur due to a variety of factors, some of which are outside of our control. These factors can contribute to delays, errors in service, or system outages.
Force Majeure
You agree and understand that in no event shall we or any Landbitt Service Provider be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition, whether or not foreseeable, beyond our or any Landbitt Service Providers’ reasonable control, including, but not limited to, any act of God, nuclear or natural disaster, epidemic, pandemic, lockdown, action or inaction of civil or military authorities, act of war, terrorism, sabotage, civil disturbance, strike or other labor dispute, accident, state of emergency or interruption, loss, or malfunction of equipment or utility, communications, computer (hardware or software),
Internet or network provider services.
Indemnities
In no event shall we or any Landbitt Service Provider be liable for any act, omission, error of judgment, or loss suffered by you in connection with this User Agreement or your use or attempted use of Landbitt Platform, or services of a Landbitt Service Provider or LBT. You agree to indemnify and hold us and all Landbitt Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury including death) arising out of or relating to your use of Landbitt, or our and any Landbitt Service Providers’ performance or non-performance of duties to you.
Entire Agreement
This User Agreement, our Privacy Policy, and our, incorporated by reference herein, comprise the entire understanding and agreement entered into by and between you and Landbitt as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including without limitation any prior versions of this User Agreement), as well as every nature between and among you and us.
Assignment
This User Agreement, or your rights and obligations hereunder, may not be transferred by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void. This User Agreement shall be binding and inure to the benefit of the parties hereto, our successors, and permitted assigns.
Relationship of the Parties
You agree and understand that nothing in this User Agreement shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture, or formal business entity of any kind; and the rights and obligations of the parties shall be limited to those expressly set forth herein. Except for the indemnity provisions herein, nothing expressed in, mentioned in, or implied from this User Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this User Agreement to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons, and this User Agreement and all representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the exclusive benefit of and us.
Injunctive Relief
You agree and understand that your obligations and the obligations of each user set forth in this User Agreement are necessary and reasonable in order to protect us and our business. You expressly agree that due to the unique nature of our business, monetary damages would violation or threatened violation shall cause irreparable injury to the us and that, in addition to any other remedies that may be available, in law, in equity or otherwise, we shall be entitled to obtain injunctive relief against any threatened breach of this User Agreement or your continuation of any such breach, without the necessity of proving actual damages.
Severability
You agree and understand that if any provision of this User Agreement, or application thereof, shall be determined to be invalid or unenforceable under any rule, law, or regulation or by any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law. You further agree and understand that the validity of or enforceability of any other provision (or of such provision, to the extent its application is not invalid or unenforceable) of this User Agreement shall not be affected.
Change of Control
In the event that we are acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Survival
You agree and understand that all provisions of this User Agreement, which by their nature extend beyond the termination or expiration of this User Agreement, including, but not limited to, sections pertaining to suspension, investigations, remedies for breach, termination, debts owed, right to offset, unclaimed funds, general use of Landbitt, disputes with us, and general provisions, shall survive the termination or expiration of this User Agreement.
Miscellaneous
Section headings in this User Agreement are for convenience only, and do not govern the meaning or interpretation of any provision of this User Agreement.
Unless the express context otherwise requires: (i) the words
“hereof,” “herein,” “hereunder” and words of similar import, when used in this User Agreement, shall refer to this User Agreement as a whole and not to any particular provision of this User Agreement; (ii) the terms defined in the singular have a comparable meaning when used in the plural and vice versa; (iii) wherever the word “include,” “includes” or
“including” is used in this User Agreement, it shall be deemed to be followed by the words “without limitation”; (iv) the word “extent” in the phrase “to the extent” shall mean the degree to which a subject or other thing extends and such phrase shall not mean simply “if”; and (v) the word “or” shall not be interpreted to be exclusive.
Written Notice
If we send an email to the email address on record for your User Account, you agree and understand that this constitutes written notice (“Written Notice”) from us to you. If you visit our Help Center, this constitutes Written Notice from you to us. For all notices made by email, the date of receipt is considered to be the date of transmission.
Non-Waiver of Rights
Governing Law
This User Agreement, your use of Landbitt, your rights and obligations, and all actions contemplated by, arising out of or related to this User Agreement shall be governed by the laws of the Republic of India and the Courts of Pune will have exclusive jurisdiction in any matter arising under this User Agreement.
Dispute Resolution
You and Landbitt agree and understand that any controversy, claim, or dispute arising out of or relating to this User Agreement or your relationship with Landbitt shall be settled solely and exclusively by binding arbitration to be held in Pune. The arbitration shall be conducted under the provisions of the Indian Arbitration & Conciliation Act, 1999 and shall be conducted by a single arbitrator who shall be mutually appointed by You and Landbitt. The language of the arbitration shall be English. Each side agrees to bear its own attorney’s fees, costs, and expenses. You and Landbitt agree to abide by all decisions and awards rendered in such proceedings and you and Landbitt agree that such decisions and awards rendered by the arbitrator shall be final and conclusive.
Grievance Redressal Mechanism
Customers may contact Landbitt Customer Support with any account inquiries at our Help Center; by sending an email to Landbitt. Detailed description of the specific complaint giving the dates involved and any other relevant information.
Copies (not originals) of all pertinent documents, such as contracts, letters, receipts, and statements. Description of the resolution you desire or would find acceptable. fYour signature and the date signed.
Submissions to Landbitt
We cannot agree to obligations of confidentiality or nondisclosure with regard to any unsolicited information you submit to us, regardless of the method or medium chosen. By submitting unsolicited information or materials to us or any Landbitt Service Provider, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary. We do not provide any facility for sending or receiving private or confidential electronic communications. You should not use Landbitt to transmit any communication for which you intend only you and the intended recipients) to read. Notice is hereby given that all messages and other content entered using Landbitt can and may be read by us, regardless of whether we are the intended recipients of such messages.
Nevertheless, access to messages and other content will be accessible only by employees and Landbitt Service Providers that reasonably need such access.
