Terms and Conditions:-
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Site (defined below). By accessing or using the Site, you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.
Your Agreement to these Terms and Conditions for availing Service
The Terms and Conditions (as may be amended from time to time, the “Agreement”) is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and Sikka having its registered office at C-60, Sikka House, Vikas Marg, Preet Vihar, Delhi – 110092. All services are rendered by Sikka through its platform under the brand name ‘Sikka’. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of Sikka . (together with its subsidiaries and other affiliates, “us”, “We” or “Sikka”), regarding your use of our Services, purchasing or booking of flat,unit, suit etc or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).
Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. Sikka reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the “Terms & Conditions” link from time to time to stay abreast of any changes that the “Site” may introduce.
The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by Sikka. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.
In order to use the Service, you may need to obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
You are bound by such revisions and changes made by Sikka and should therefore visit the Sikka Website or check with the Sikka business partner channel through which you are availing the Service to review the current payment from time to time. In the event that you stop or seek a reversal of the Payment Instructions as may have been submitted, Sikka shall be entitled to charge and recover from you and you shall be liable to pay such charges as may be decided by Sikka. These charges shall be charged on to your designated or booked unit/flat/suit etc. account or in any other manner as may be decided by Sikka.
Sikka offers a convenient and secure way to make payments towards your perspective booking or allotment of unit/flat/suit etc using a valid Payment Account.
Sikka assumes no responsibility and shall incur no liability if it is unable to affect any Payment Instruction(s) on the Payment Date owing to any one or more of the following circumstances:
- 1. If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.
- 2. If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
- 3. If the funds available in the Account are under any encumbrance or charge.
- 4. If your Bank or the NCC refuses or delays honoring the Payment Instruction(s)
- 5. Circumstances beyond the control of Sikka (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)
- 1. By accepting the terms and conditions the customer accepts that Sikka may send the alerts to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’ mode then the customer may not get / get after delay any alerts sent during such period.
- 2. Sikka will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from Sikka as an alert on the mobile phone number provided during the course of booking and Sikka shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert.
- 3. The customer acknowledges that the SMS service provided by Sikka is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, Sikka shall be immediately informed about the same by the customer and Sikka will make best possible efforts to rectify the error as early as possible. The customer shall not hold Sikka liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.
You understand that except for information, products or services clearly indicated as being supplied by the Sikka, we do not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that Sikka cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
Refund and Cancellation policy:-
The applicant(s) agrees that the 15% of the Total consideration/cost of the Residential Apartment/Flat shall constitute the EARNEST MONEY.
- 1. No amount from the token amount shall be refunded under any circumstances.
- 2. If for any reason, whatsoever, the applicant(s) applies for the cancellation of the application then in such case the amount equal to earnest money along with the tax and the brokerage shall stand forfeited and the balance amount shall be refunded to the applicant(s) without any interest within 90 days from receiving such request.
- 3. If, due to any default/breach of any terms of this application including any default in making the timely payments by the applicant(s), the present application is cancelled/rejected/terminated by the Company then the earnest money along with the tax and the brokerage shall stand forfeited.
- 4. Refund shall be made to the applicant(s) within 90 days from the date of intimation of cancellation by the Company to the applicant(s) subject to fulfillment of such other and further conditions by the Applicant(s), as may be prescribed by the Company in this regard.
The details of the flat/unit/suit mentioned on the website is purely conceptual and not a legal offering. All floor plans, layout plans, pictures, elevations & specifications are indicative and are subject to change as per Developer's / Architect's / appropriate Authority's decision. In order to provide reasonable architectural variations in the scheme, the architectural features may differ in different flats/units/suit etc.
SIKKA INFRASTRUCTURE Private Limited and its subsidiaries and affiliates and Associate Companies (individually and/ or collectively, “SIKKA”) is/are concerned about the privacy of the data and information of users (including sellers and buyers/customers whether registered or non-registered) accessing, offering, selling or purchasing OR booking any flat, unit, shop or property on Sikka websites, mobile sites or mobile applications (“Website”) on the Website and otherwise doing business with Sikka. “Associate Companies” here shall have the same meaning as ascribed in Companies Act, 2013.
The terms “We” / “Us” / “Our” individually and collectively refer to each entity being part of the definition of Sikka and the terms “You” /“Your” / “Yourself” refer to the users, allottee, purchaser, or intender.
- • The type of data or information that You share with or provide to Sikka and that Sikka collects from You;
- • The purpose for collection of such data or information from You;
- • Sikka’s information security practices and policies; and
- • Information collected and storage of such Information: The “Information” (which shall also include data) provided by You to Sikka or collected from You by Sikka may consist of “Personal Information” and “Non-Personal Information”.
- • Your user name along with Your password,
- • Your name,
- • Your address,
- • Your telephone number,
- • Your e-mail address or other contact information,
- • Your date of birth,
- • Your gender,
- • Information regarding your transactions on the Website, (including sales or purchase history),
- • Your financial information such as bank account information or credit card or debit card or other payment instrument details,
- • Internet Protocol address,
- • Any other items of ‘sensitive personal data or information’ as such term is defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
- • Identification code of your communication device which You use to access the Website or otherwise deal with any Sikka entity,
- • Any other Information that You provide during Your registration process, if any, on the Website. Such Personal Information may be collected in various ways including during the course of You:
- • registering as a user on the Website,
- • Non-Personal Information Sikka may also collect information other than Personal Information from You through the Website when You visit and / or use the Website. Such information may be stored in server logs. This Non-Personal Information would not assist Sikka to identify You personally.
- • This Non-Personal Information may include:
- • the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.),
- • the operating system of Your system, device and the Website You last visited before visiting the Website,
You hereby represent to Sikka that:
- i. the Information you provide to Sikka from time to time is and shall be authentic, correct, current and updated and You have all the rights, permissions and consents as may be required to provide such Information to Sikka.
- ii. Your providing the Information to Sikka and Sikka’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
- iv. Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information / data.
- v. Purpose for collecting, using, storing and processing Your Information Sikka collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of Sikka entities and shall include the following:
- vi. to facilitate Your use of the Website or other services of Sikka entities;
- vii. to respond to Your inquiries or fulfil Your requests for information about the various projects and services offered on the Website;
- viii. to provide You with information about projects and services available on the Website and to send You information, materials, and offers from Sikka;
- ix. to send You important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information;
- x. to send You surveys and marketing communications that Sikka believes may be of interest to You;
- xi. to personalize Your experience on the Website by presenting advertisements, products and offers tailored to Your preferences;
- xii. to help You address Your problems incurred on the Website including addressing any technical problems;
- xiii. for proper administering of the Website;
- xiv. to conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website);
- xv. to improve the services, content and advertising on the Website;
- xvi. to provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications;
- xvii. to facilitate various programmes and initiatives launched by Sikka or third party service providers and business associates
- xviii. to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments
- xix. to conducting academic research and surveys
- xx. to protect the integrity of the Website;
- xxi. to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
- xxii. to implement information security practices;
- xxiii. to determine any security breaches, computer contaminant or computer virus;
- xxiv. to investigate, prevent, or take action regarding illegal activities and suspected fraud,
- xxv. to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
- xxvi. to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website or by Sikka;
Sharing and disclosure of Your Information
You hereby unconditionally agree and permit that Sikka may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Sikka entities and to third party service providers / partners / banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by Sikka under applicable law.
Sikka may share statistical data and other details (other than Your Personal Information) without your express or implied consent to facilitates various programmes or initiatives launched by Sikka, its affiliates, agents, third party service providers, partners or banks & financial institutions, from time to time. We use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards etc. to enable You to make payments for buying, booking or availing services on Sikka. When You sign up for these services, You may have the ability to save Your card details for future reference and faster future payments. In such case, We may share Your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence and email address. The processing of payments or authorization is solely in accordance with these third parties policies, terms and conditions and we are not in any manner responsible or liable to You or any third party for any delay or failure at their end in processing the payments.
Sikka may also share Personal Information if Sikka believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
Security & Retention
The security of your Personal Information is important to us. Sikka strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Sikka adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Sikka stores Your Personal Information. Each of the Sikka entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all Sikka entities from any claim of damages under contract or under tort.
If you choose a payment gateway to complete any transaction on Website then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
Notwithstanding anything contained in this Policy or elsewhere, Sikka shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A Force Majeure Event shall mean any event that is beyond the reasonable control of Sikka and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of Sikka), power or electricity failure or unavailability of adequate power or electricity.
While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
User discretion and opt out
You agree and acknowledge that You are providing your Information out of your free will. You have an option not to provide or permit Sikka to collect Your Personal Information or later on withdraw Your consent with respect to such Personal Information so provided herein by sending an email to the grievance officer or such other electronic address of the respective Sikka entity as may be notified to You. In such case, You should neither visit any Website nor use any services provided by Sikka entities nor shall contact any of Sikka entities. Further, Sikka may deny you access from using certain services offered on the Website.
You can add or update Your Personal Information on regular basis. Kindly note that Sikka would retain Your previous Personal Information in its records.
- is clear and easily accessible and provide statements of Sikka policies and practices with respective to the Information;
- provides for the various types of personal or sensitive personal data of information to be collected;
- provides for the purposes of collection and usage of the Information;
- provides for disclosure of Information; and
- provides for reasonable security practices and procedures.
Important Notice: This Communication is for the exclusive use of the intended recipient (s) and shall not attach any liability on the originator or Sikka / its Companies / its sister concerns. If you are the addressee, the contents of this email are intended for your use only and it shall not be forwarded to any third party, without first obtaining written authorisation from the originator or Sikka / its Companies / its sister concerns, as the case may be. It may contain information which is confidential and legally privileged and the same shall not be used or dealt with by any third party in any manner whatsoever without the specific consent of Sikka / its Companies / its sister concerns, as the case may be. If you have received this e-mail in error, please forward it to firstname.lastname@example.org and delete it. This e-mail shall not have the effect of offering, proposing, accepting, bargaining, promising, compromising, granting any concession/rebate, granting discharge from any liability, enlarging or reducing the time limitations, altering/amending/varying the terms of a written document, etc. for or on behalf of Sikka / its Companies / its sister concerns, as the case may be, unless a confirmatory letter on the letter head of the Sikka / its Companies / its sister concerns, as the case may be, is received through Indian Postal department by the intended recipient of the present e-mail. The originator or Sikka / its Companies / its sister concerns are neither liable for the proper and complete transmission of the information contained in this communication nor for any delay in its receipt. Sikka / its Companies / its sister concerns take no responsibility for misdirection, corruption or unauthorized use of e-mail communications, or for any damage that may be caused as a result of transmitting or receiving an e-mail communication.