Terms of Service

1. Acceptance & Intermediary Status

By accessing, browsing, or using GoaKeys (the “Platform”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws of India. If you do not agree, you must not use the Platform.

GoaKeys is a technology intermediary as defined under Section 79 of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended (including the 2023 amendment). GoaKeys is not a real estate broker, agent, dealer, or owner. GoaKeys merely provides a technology platform for users to list, search, and connect regarding real estate in Goa. As an intermediary, GoaKeys does not control, endorse, verify, or take responsibility for the accuracy, legality, or authenticity of any content, listings, or claims posted by third-party users, and expressly disclaims all liability for such third-party content.

2. Eligibility

• You must be at least 18 years of age and have the legal capacity to enter into a binding contract under Indian law.
• You must be a resident Indian citizen, or a Non-Resident Indian (NRI), or an Overseas Citizen of India (OCI) cardholder with valid documentation, to list property on the Platform.
• Foreign nationals may browse the Platform for information only. Any acquisition or transaction by a foreign national is subject to the Foreign Exchange Management Act (FEMA), 1999 and its rules, including the Schedule 1 of the FEMA (Non-Debt Instruments) Rules, 2019. We strongly advise foreign nationals to seek independent legal counsel before engaging in any transaction.
• You represent that all information provided at registration, including identity and documentation, is true, accurate, and current.

3. User Responsibilities

• You are solely responsible for the accuracy, completeness, and legality of all property listings, photographs, and content you submit.
• Builders, promoters, and agents must comply with the Real Estate (Regulation and Development) Act, 2016 (RERA) and provide valid registration details as required.
• You must not post fraudulent, false, misleading, or deceptive content, including fake enquiries, fabricated documents, or manipulated images.
• You must not use the Platform for spam, unsolicited messaging, harassment, or any activity that circumvents Platform controls, rate limits, or access restrictions.
• You must not share your account credentials, and you are liable for all activity carried out through your account.

4. FEMA Compliance

All property transactions facilitated or discussed through the Platform must comply with the Foreign Exchange Management Act (FEMA), 1999, including Section 6(5) thereof, and the FEMA (Non-Debt Instruments) Rules, 2019.

• Consideration for any property transaction must flow through normal Indian banking channels, including NRE, NRO, or ordinary rupee accounts. No foreign currency may be used for domestic property transactions.
• Foreign nationals, including non-residents, are prohibited from acquiring agricultural land, plantation property, or farmhouses in India.
• NRIs and OCI cardholders are prohibited from acquiring agricultural land, plantation property, or farmhouses in India.
• In the State of Goa, the acquisition and holding of agricultural land is additionally restricted to agriculturists and persons of Goan origin under the Goa Land Reforms Act, 1969 and related laws.
• Users are responsible for ensuring that any transaction complies with FEMA, and GoaKeys shall have no liability for transactions that breach exchange control or land laws.

5. No Escrow

GoaKeys is not a financial intermediary and does not hold, collect, receive, or disburse any transaction funds between buyers and sellers. All payments relating to the purchase, sale, lease, or booking of any property are made directly between the transacting parties through their own banking arrangements. The only amounts paid to GoaKeys are subscription fees for Platform services, as set out in Section 10 below.

6. RERA Compliance

• Builders and promoters must provide a valid Goa RERA registration number for any project exceeding 500 square metres or comprising more than 8 apartments (or such thresholds as may be prescribed), in accordance with the Real Estate (Regulation and Development) Act, 2016.
• Real estate agents must provide a valid Goa RERA agent registration number.
• GoaKeys does not independently verify RERA registrations. Users must verify all registrations on the official Goa RERA portal before entering into any transaction.

7. Goa Land Laws

Property in Goa is subject to a distinct legal framework. Users acknowledge that they are responsible for understanding and complying with all applicable laws, including but not limited to:

• Agricultural Land: Restrictions on acquisition and holding of agricultural land under the Goa Land Reforms Act, 1969, including limits on ceiling and transfers to non-agriculturists and persons not of Goan origin.
• Tenancy Rights: Protections for tenants and restrictions on landlord-tenant dealings under the Goa, Daman and Diu Agricultural Tenancy Act, 1964.
• Comunidade Lands: Properties belonging to village comunidades (Gauncarias), which are subject to special statutes and may require comunidade consent for valid transfer.
• CRZ (Coastal Regulation Zone): Coastal properties are subject to the Coastal Regulation Zone Notification under the Environment (Protection) Act, 1986, restricting construction and use in CRZ areas.
• TCP Zoning: Land use and development must comply with Regional Plans and zoning regulations under the Goa Town and Country Planning Act, 1974.
• Portuguese Civil Code, 1867: Succession, inheritance, and community property rules apply, including spousal consent requirements and the concept of força de lei, which may affect the validity of title transfers. Users must obtain independent legal verification of title.

8. AI Tools

The Platform provides AI-powered Automated Valuation Models (AVM) and SEO optimisation tools. These tools are strictly assistive and are provided for convenience only. They do not constitute a valuation, legal opinion, or financial advice.

• Users must independently verify all AI-generated outputs before making any financial or transactional decision.
• GoaKeys accepts no liability for any decision made or action taken based on AI-generated content.
• By using AI tools, you provide your explicit consent to the processing of your data and content by such AI features for the purpose of delivering the service.

9. Prohibited Conduct

• Listing, selling, or facilitating the sale of restricted land (such as agricultural land) to ineligible buyers under applicable law.
• Posting fake, bought, or otherwise misleading reviews or testimonials.
• Manipulating or attempting to manipulate the AVM or any other valuation output.
• Engaging in bait-and-switch advertising, where a listing is used to attract enquiries for a different property.
• Uploading content that infringes any copyright, trademark, or other intellectual property right.
• Scraping, harvesting, or systematically extracting data from the Platform without authorisation.
• Automation abuse, including the use of bots, scripts, or other automated means to inflate listings, enquiries, or engagement.

10. Subscription & Passes

The Platform offers the following paid passes: PRO_AGENT, BUILDER_PASS, BUYER_PRO, and EXTRA_LISTING. Each pass is valid for 30 days from the date of purchase unless otherwise stated.

• Passes are non-refundable after use (including the consumption of any contact unlocks or listing slots).
• An unused pass may be refunded within a 7-day cooling-off period from the date of purchase.
• Auto-renewal applies only where you have explicitly opted in, and may be cancelled at any time before the renewal date.
• Subscription prices may change with at least 30 days’ advance notice, communicated to you via email or in-app notice. Continued use after the change constitutes acceptance of the revised pricing.

11. Refund & Cancellation

• Unused passes may be refunded within 7 days of purchase by contacting support.
• After 7 days, refunds for unused portions may be granted on a pro-rata basis at GoaKeys’ sole discretion.
• No refunds are available for consumed contact unlocks, used extra listing slots, or other benefits already utilised at the time of the request.

12. Intellectual Property

• By posting a listing, you grant GoaKeys a non-exclusive, worldwide, royalty-free licence to host, display, and promote your content in connection with the Platform and its marketing.
• All platform software, design, branding, and proprietary tools are the exclusive property of GoaKeys.
• Upon a valid notice of copyright infringement, GoaKeys will remove or disable access to the allegedly infringing material within 36 hours.

13. Content Moderation & Takedown

• GoaKeys will act on court orders or orders of any government authority by removing or disabling access to the specified content within 36 hours of receipt.
• Grievance-based takedown requests will be processed within 36 hours of receipt of a valid complaint.
• Users whose content is taken down may appeal the decision by contacting the Grievance Officer or Grievance Appellate Committee as applicable.

14. Grievance Redressal

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, as amended in 2023, GoaKeys has appointed a Grievance Officer, who may be reached at keysgoa@gmail.com.

• Complaints and grievances will be acknowledged within 24 hours of receipt.
• Grievances will be resolved within 15 days of receipt.
• If you are not satisfied with the resolution, you may appeal to the Grievance Appellate Committee (GAC) constituted under the Rules.

15. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India. All disputes, claims, or controversies arising out of or relating to these Terms or the use of the Platform shall be subject to the exclusive jurisdiction of the courts at Goa, India.

16. Limitation of Liability

• To the fullest extent permitted by law, and subject to the safe harbour provisions of Section 79 of the Information Technology Act, 2000, GoaKeys shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or goodwill.
• GoaKeys’ maximum aggregate liability for all claims arising out of or related to the Platform shall not exceed the total fees paid by you to GoaKeys in the 12 months preceding the claim.
• GoaKeys is not liable for the acts, omissions, or representations of third-party users, including builders, agents, and sellers.

17. Termination

• Either party may terminate these Terms by providing 30 days’ written notice for subscriptions.
• GoaKeys may suspend or terminate your account immediately for any breach of these Terms, fraudulent or prohibited conduct, or where required by law.
• Upon termination, any outstanding amounts remain payable, and provisions that by their nature survive termination (including liability, IP, and dispute resolution) shall continue to apply.

18. Force Majeure

GoaKeys shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, civil unrest, government orders, natural disasters, power or network failures, and failure of third-party services.

19. Changes to Terms

GoaKeys may amend these Terms from time to time. Changes will be notified at least 30 days in advance via email or an in-app banner. Continued use of the Platform after the effective date of the changes constitutes your acceptance of the revised Terms.

20. Contact

For legal matters: keysgoa@gmail.com.

For grievances and complaints: keysgoa@gmail.com.