TERM OF USE

Welcome to Rootel InvesTree (“we,” “us,” or “our”). Thank you for choosing to engage with our website, services, and platform. These Terms of Use (“Terms”) constitute a legally binding agreement between you and Rootel InvesTree and govern your access to and use of our website, products, services, features, and platform, whether accessed via desktop, mobile, or other devices.

By accessing, browsing, or using any part of our platform or services, you confirm that you have read, understood, and agreed to be bound by these Terms, along with our Privacy Policy, which outlines how we collect, use, and protect your personal information.

Your use of our services implies your acceptance of these Terms, which apply to all visitors, users, and others who access or interact with our platform. If you disagree with any part of these Terms or our Privacy Policy, you are advised to immediately cease using our platform, website, or services.

We recommend that you periodically review these Terms and our Privacy Policy as they may be updated from time to time. Your continued use of our services after any changes indicates your acceptance of the revised terms.

1. Terms and Definitions

A. “Blockchain” refers to a distributed ledger technology that records transactions across a network of computers in a secure, transparent, and tamper-proof manner. It ensures data integrity, transparency, and security for all transactions, as per guidelines by the Ministry of Electronics and Information Technology (MeitY), India, and complies with Google’s policies on the ethical use of blockchain in technology and financial services.

B. “Consent” refers to a clear, informed, and freely given agreement by a user to allow the collection, processing, and use of their personal data.

  • As per Section 11 of the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, consent must be obtained before collecting sensitive personal data.
  • Google policies require explicit consent for activities such as personalized advertising and data sharing.

C. “Confidential Information” refers to any proprietary or sensitive information exchanged between Rootel InvesTree, its Customers, and Service Providers that is not intended for public disclosure. This includes, but is not limited to:

  • Business strategies
  • Financial data
  • Pricing models
  • Personal data
  • Service methodologies

D. “Customer” refers to any individual or entity that accesses Rootel InvesTree’s platform to explore, purchase, or manage fractional ownership in real estate assets. Customers are subject to platform rules, Indian laws, and Google’s user policies.

E. “Service Providers” refer to third-party entities or individuals engaged by Rootel InvesTree to provide specific services, such as payment processing, blockchain infrastructure, or customer support, as per Indian Contract Act, 1872.

F. “Personal Data” refers to any information related to an identified or identifiable individual, including:

  • Name
  • Email address
  • Phone number
  • Financial information
    This definition aligns with Indian privacy laws such as the IT Act, 2000, and Google's user data policies.

G. “Usage Data” refers to information collected automatically through the platform, including:

  • User activity logs
  • Device information
  • Browser type
    This data helps improve platform performance and user experience, in compliance with Indian regulations and Google's guidelines.

H. “Data Processing” refers to any operation performed on personal data, including its collection, storage, use, and deletion, as defined under Indian privacy laws and Google's standards for handling user data responsibly.

I. “Cookie” is a small file placed on a user’s device to track activity on the website. Rootel InvesTree uses cookies for analytics, personalized services, and improving user experience, adhering to Google Analytics Terms of Service and Indian guidelines on data tracking.

J. “Consent Withdrawal” refers to a user’s right to revoke previously granted consent for data collection or processing. This is in compliance with Section 5 of the Personal Data Protection Bill, 2019, and Google's policies on user data control.

K. “Anti-Money Laundering (AML)” refers to policies, laws, and regulations designed to detect and prevent money laundering and fraudulent financial activities. Rootel InvesTree complies with The Prevention of Money Laundering Act, 2002 and adheres to Google's policies against financial abuse.

L. “Financial Risk” refers to the potential loss associated with investments made through Rootel InvesTree. Users must understand that investments are subject to market conditions and other risks, and past performance does not guarantee future results.

M. “Data Retention” refers to the storage of user data for a specific duration to fulfill legal, business, or operational requirements. Rootel InvesTree adheres to Indian laws on data retention and ensures compliance with Google's data storage policies.

N. “Third-Party Service Providers” refer to external entities engaged by Rootel InvesTree to perform services such as:

  • Hosting and maintenance
  • Payment processing
  • Security services
    Such providers are contractually obligated to comply with Indian privacy laws and Google's third-party data-sharing policies.

O. “Redressal Mechanism” refers to the process by which users can report issues, lodge complaints, or seek resolution for grievances related to the platform, as per the Consumer Protection Act, 2019, and Google's user complaint resolution policies.

P. “Policy Modification” refers to Rootel InvesTree’s right to amend its policies or terms of use as necessary to comply with evolving laws, technological advancements, or business needs.

Q. “User Rights” refer to the legal entitlements provided to users, including:

  • Right to access personal data
  • Right to rectification
  • Right to data portability
    These rights are recognized under Indian laws and Google's user data policies.

R. “Sensitive Personal Data” refers to personal information that requires a higher standard of protection, such as:

  • Financial details
  • Passwords
  • Health information
    It is governed by the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and Google's policies.

S. “Fraud Protection” refers to measures taken to safeguard the platform and its users against unauthorized access, fraudulent activities, and data breaches, as per Indian Cybersecurity Guidelines and Google's fraud prevention policies.

T. “KYC (Know Your Customer)” refers to the process of verifying the identity of users to prevent fraudulent activities and ensure compliance with the Prevention of Money Laundering Act, 2002. This involves collecting documents such as:

  • Aadhaar card
  • PAN card
  • Address proof

U. “Fractional Ownership” refers to a shared ownership model where multiple individuals hold fractional or proportional shares of a real estate property or asset, allowing them to benefit from its value and returns. This is governed by Indian property and securities laws, including the Indian Contract Act, 1872.

V. “Decentralized Ledger” refers to a database that is distributed across multiple nodes in a blockchain network, ensuring transparency, immutability, and security of transactions. It eliminates the need for centralized authority as per blockchain principles recognized under Indian technology policies.

W. “Tokenization” is the process of converting ownership rights of an asset (e.g., real estate) into digital tokens on a blockchain platform. These tokens represent a fraction of ownership and can be traded or sold in compliance with Indian regulations and Google’s cryptocurrency policies.

X. “Beneficial Ownership” refers to the rights and benefits derived by a person who may not be the registered owner of an asset. For example, a user holding a fractional share of a property gains benefits proportional to their ownership. This is governed under The Companies Act, 2013, and the Income Tax Act, 1961.

Y. “Smart Contracts” are self-executing contracts with terms written in code and deployed on a blockchain. They automatically enforce agreements, ensuring transparency and reducing the need for intermediaries. Smart contracts must adhere to Indian legal standards under the IT Act, 2000.

Z. “Digital Signature” is a secure and encrypted form of signature used to validate the authenticity and integrity of digital documents or transactions. It is recognized under the Indian IT Act, 2000.

AA. “Force Majeure” refers to unforeseen circumstances or events beyond the control of parties that prevent them from fulfilling contractual obligations, such as:

  • Natural disasters
  • Pandemics
  • Government-imposed restrictions
    This is recognized under Section 56 of the Indian Contract Act, 1872.

BB. “Indemnification” refers to the obligation of one party to compensate another for losses or damages incurred as a result of specific actions or breaches, in line with Indian laws and contractual agreements.

CC. “Proprietary Technology” refers to unique systems, software, or algorithms developed by Rootel InvesTree that are protected under intellectual property laws, including the Copyright Act, 1957, and Patent Act, 1970.

DD. “Jurisdiction” refers to the legal authority under which disputes related to Rootel InvesTree are resolved. Disputes will be subject to the courts in India, as per the Civil Procedure Code, 1908.

EE. “Escrow Account” is a financial account managed by a third party to ensure the secure handling of funds during a transaction. It is commonly used in real estate deals and complies with regulations under the Reserve Bank of India (RBI).

FF. “Compliance Obligations” refer to the legal, regulatory, and operational requirements Rootel InvesTree must adhere to under Indian laws, such as tax filings, AML procedures, and data protection laws.

GG. “Risk Disclosure” refers to informing users about the potential risks involved in fractional ownership and blockchain investments, including:

  • Market fluctuations
  • Regulatory changes
  • Technological vulnerabilities

HH. “AML Monitoring” refers to continuous oversight mechanisms to detect and prevent money laundering activities. Rootel InvesTree ensures compliance with the Prevention of Money Laundering Act, 2002, by maintaining records and verifying user transactions.

II. “Breach Notification” refers to the obligation of Rootel InvesTree to inform users promptly in the event of a data breach or unauthorized access, as required under Indian data protection regulations.

JJ. “Data Minimization” refers to collecting and processing only the data necessary for the purpose of the service, in compliance with Google’s data collection guidelines and Indian privacy laws.

KK. “Exclusion of Liability” refers to the limitation of Rootel InvesTree’s responsibility for certain damages or losses, such as indirect or unforeseen events, as permitted under Indian contract law.

LL. “Non-Disclosure Agreement (NDA)” is a legal agreement between Rootel InvesTree and users to protect sensitive information from being shared or disclosed without consent, governed by Indian contractual and intellectual property laws.

MM. “User Agreement” refers to the binding terms and conditions a user accepts when accessing or using Rootel InvesTree’s services. It governs the rights and responsibilities of both the user and the company.

NN. “Tax Implications” refer to the financial responsibilities of users, such as capital gains tax or property tax, arising from fractional ownership transactions. Users are advised to comply with Indian tax laws under the Income Tax Act, 1961.

2. Acceptance of Terms

By accessing or using Rootel InvesTree’s Services: 2.1 You confirm that you are legally competent to enter into a binding agreement under Indian Contract Act, 1872. 2.2 You accept these Terms, Privacy Policy, and other policies or disclaimers incorporated herein by reference. 2.3 You acknowledge that these Terms are enforceable under Indian laws, including the Information Technology Act, 2000, and its amendments.

3. Eligibility

3.1 Age Restriction: You must be at least 18 years old to use our Services. 3.2 Financial Awareness: By using our Services, you confirm that you understand the financial risks associated with investments, including fractional ownership in real estate, as applicable under Indian law. 3.3 Rootel InvesTree reserves the right to suspend or terminate accounts of users who do not meet these eligibility criteria.

4. Description of Services

4.1 Rootel InvesTree provides a platform enabling fractional ownership in real estate through blockchain technology. 4.2 Additional services, features, or updates may be introduced in the future. 4.3 Users agree that the use of the platform is subject to applicable laws, including but not limited to real estate, investment, and blockchain regulations in India.

5. User Obligations

5.1 Information Accuracy: Users agree to provide true, accurate, current, and complete information during registration or when using the platform. 5.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. 5.3 Lawful Use: Users shall not:

  • Engage in fraudulent, illegal, or unauthorized activities.
  • Upload harmful content, including viruses or malicious software.
  • Attempt to reverse-engineer or interfere with the functionality of the platform. 5.4 Updates: Users must regularly review these Terms to stay informed about any changes.

6. Fees and Payments

6.1 Users agree to pay all applicable fees, as disclosed on the platform. 6.2 Payments are processed via third-party payment gateways and are subject to their respective terms. 6.3 Rootel InvesTree reserves the right to modify fees at its discretion with reasonable notice to users.

7. Risks and Liabilities

7.1 Investment Risks: Investments in fractional real estate ownership involve risks, including potential financial loss. Rootel InvesTree does not guarantee profits or returns. 7.2 No Professional Advice: The platform does not provide legal, financial, or tax advice. Users are encouraged to seek professional guidance before making investment decisions. 7.3 Rootel InvesTree is not liable for:

  • Any inaccuracies in third-party content.
  • Losses arising from the misuse of the platform.
  • Unforeseen technical disruptions.

8. Intellectual Property Rights

8.1 All intellectual property, including trademarks, logos, and software, are the exclusive property of Rootel InvesTree. 8.2 Users may not copy, modify, distribute, or create derivative works based on the platform’s intellectual property without prior written consent.

9. Privacy and Data Protection

9.1 Data collection, processing, and usage are governed by our Privacy Policy, in compliance with applicable Indian data protection laws, including the Information Technology Act, 2000. 9.2 By using the Services, you consent to data collection practices described in our Privacy Policy.

10. Prohibited Conduct

10.1 Users shall not:

  • Use the platform for any illegal activities.
  • Engage in activities that harm the platform’s integrity or reputation.
  • Share login credentials with unauthorized individuals.
  • Exploit any technical vulnerabilities of the platform.

11. Termination of Services

11.1 Rootel InvesTree reserves the right to terminate or suspend user accounts for:

  • Violation of these Terms.
  • Fraudulent or illegal activity.
  • Non-compliance with payment obligations. 11.2 Upon termination, users will lose access to their accounts and any associated services.

12. Limitation of Liability

12.1 To the maximum extent permitted under Indian laws, Rootel InvesTree shall not be liable for any:

  • Indirect or consequential damages.
  • Losses arising from unauthorized access to user data.
  • Inaccurate, incomplete, or delayed information provided on the platform.

13. Governing Law and Jurisdiction

13.1 These Terms shall be governed by the laws of India. 13.2 Any disputes arising out of these Terms shall be subject to the exclusive jurisdiction of courts in Mumbai, Maharashtra, India.

14. Dispute Resolution

14.1 Arbitration: In the event of any dispute, claim, or controversy arising out of or in connection with these Terms of Use, or the breach, termination, or invalidity thereof, the parties agree to attempt to resolve the dispute amicably through mutual discussions. If the dispute cannot be resolved through such discussions within 30 days, the dispute shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (as amended from time to time).

14.2 Arbitration Procedure: The arbitration shall be conducted by a sole arbitrator appointed by the parties. If the parties are unable to agree on the appointment of an arbitrator within 30 days from the date of the notice for arbitration, the arbitrator shall be appointed by the Indian Council of Arbitration. The venue of arbitration shall be Mumbai, Maharashtra, India , and the language of arbitration shall be English. The decision of the arbitrator shall be final and binding on both parties.

14.3 Court Jurisdiction: Notwithstanding the above, in the event that the dispute is not resolved through arbitration or in case the arbitration award is challenged, the parties agree that the courts located in Mumbai, Maharashtra, India shall have exclusive jurisdiction over any disputes related to these Terms of Use. The parties consent to the personal jurisdiction of such courts.

14.4 Interim Relief: Nothing in this Clause shall prevent either party from seeking interim or urgent relief from any competent court of law, including but not limited to injunctive relief or orders for preservation of property, pending the resolution of the dispute through arbitration.

15. Third-Party Links and Services

15.1 The platform may include links to third-party websites or services. 15.2 Rootel InvesTree is not responsible for the content, accuracy, or privacy practices of third-party providers.

16. User Rights

16.1 Users have the right to access, update, and delete their personal data, subject to applicable laws. 16.2 Requests for data-related actions must be submitted through the platform’s support channels.

17. Purpose and Legal Validity of Terms of Use

This Terms of Use document has been created to complement and reinforce the principles, obligations, and rights outlined in our Privacy Policy. All the terms, clauses, and provisions mentioned herein are designed to ensure the effective implementation and legal backing of our Privacy Policy.

This Terms of Use serves as an integral framework to safeguard the interests of users and Rootel InvesTree, ensuring compliance with:

  1. Indian Laws: Including but not limited to the Information Technology Act, 2000, the Consumer Protection Act, 2019, and any applicable rules, amendments, and regulations.
  2. Google Policies: Ensuring adherence to Google’s developer policies, user data policies, and applicable platform-specific compliance requirements.

By accepting this Terms of Use, users also agree to abide by the Privacy Policy and understand that all terms stated herein are legally binding under the laws of India. This alignment ensures transparency, accountability, and the highest standard of data privacy and user protection on our platform.

In case of any conflict or ambiguity between this Terms of Use and the Privacy Policy, the provisions shall be interpreted in a manner that upholds their legal validity and intent, while remaining in full compliance with applicable laws and regulatory standards.

18. Severability

18.1 Severability of Provisions: If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable under the applicable laws of India, such provision shall be deemed severed from these Terms of Use and shall not affect the validity or enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that most closely reflects the intent of the original provision.

18.2 Continuing Obligations: In the event of any provision being severed, the remaining provisions shall continue in full force and effect. Both parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid and enforceable one that reflects the original intent of the parties as closely as possible.

19. Modifications to Terms

19.1 Rootel InvesTree may update these Terms periodically. 19.2 Users are advised to review the Terms regularly to stay informed. 19.3 Continued use of the platform after changes constitutes acceptance of the revised Terms.

20. Contact Information

For queries or concerns, please contact us at:

  • Email: support@rootelinvestree.com
  • Phone: +91 9619702122
  • Address: Rootel InvesTree, Hiranandani Estate, Ghodbunder Road, Thane (w) - 400607, Maharashtra, India.