Terms of Service

1. Acceptance of Terms

By accessing or using The Hill Link's services, website, or engaging with our team, you ("Client", "you", or "your") agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you may not use our services.

These Terms constitute a legally binding agreement between you and The Hill Link (referred to as "we", "us", or "our company"). Your continued use of our services constitutes ongoing acceptance of these Terms as may be amended from time to time.

2. Service Description

The Hill Link provides property advisory, verification, and due diligence services for real estate transactions in Uttarakhand, India. Our services include but are not limited to:

• Property truth reports and verification
• Legal title verification and document analysis
• On-ground surveys and boundary verification
• Regulatory compliance assessment
• Advisory and consultation services
• Property transaction support

IMPORTANT: We provide INFORMATION and ADVISORY services only. We are NOT real estate brokers, agents, or legal counsel. All our services are purely consultative in nature.

3. Timelines & Delivery

Timeline Estimates: All stated service delivery timelines (e.g., "15-20 days", "8-10 weeks") are ESTIMATES ONLY and are subject to factors beyond our reasonable control, including but not limited to:

• Government office processing delays and closures
• Tehsildar, patwari, and revenue official availability
• Court schedules and judicial holidays
• Seasonal accessibility and weather conditions
• Monsoon-related road closures or landslides
• Document availability and archival delays
• Seller cooperation and information disclosure
• Third-party service provider delays
• Administrative backlogs at revenue departments
• Force majeure events (natural disasters, strikes, pandemics, etc.)

We commit to using commercially reasonable efforts to meet estimated timelines. However, we make NO GUARANTEE of completion within any specific timeframe.

NO REFUNDS OR LIABILITY will arise solely from timeline delays beyond our reasonable control. If delays exceed 50% of the original estimated timeline due to factors within our control, clients may request a timeline update and revised delivery schedule.

4. Limitation of Liability

Scope of Services: Our services provide informational analysis based on available public records, on-ground verification, and professional assessment at the time of investigation. We are NOT LIABLE for:

• Post-Report Changes: Any changes in laws, regulations, zoning, or government policies occurring after report delivery
• Undisclosed Information: Information not accessible through public records, government offices, or reasonable investigative methods
• Fraudulent Documents: Forged, tampered, or fraudulent documents provided by sellers, brokers, or third parties
• Government Actions: Government land acquisition, ESZ notifications, development freezes, or policy changes
• Natural Disasters: Landslides, floods, earthquakes, or other force majeure events affecting property
• Third-Party Errors: Errors in government records, survey documents, or third-party assessments
• Client Decisions: Your decision to purchase, reject, or negotiate on any property
• Future Performance: Property appreciation, rental income, or investment returns
• Neighbor Disputes: Post-purchase disputes with neighbors or third parties
• Construction Outcomes: Construction delays, cost overruns, or quality issues

MAXIMUM LIABILITY: In any event, our total liability to you for any claims arising from our services shall NOT EXCEED the fees you paid for the specific service giving rise to the claim.

We specifically DISCLAIM all consequential, indirect, incidental, special, or punitive damages including but not limited to: loss of profits, loss of investment opportunity, emotional distress, or property value loss.

5. No Professional Relationship

Advisory Nature Only: Our services do NOT create:

• An attorney-client relationship (we are not legal counsel)
• A fiduciary duty (except our commitment to unbiased reporting)
• A guarantee or warranty of any property's suitability
• An insurance or indemnification agreement
• A real estate agency or brokerage relationship

You acknowledge that you are responsible for making your own independent decisions regarding property transactions and must consult qualified legal counsel, financial advisors, and other professionals before proceeding with any purchase.

6. Money-Back Guarantee

We offer a tiered refund guarantee based on the severity of factual errors in our Truth Reports:

6.1 100% Refund (Critical Factual Errors)

Full refund if we:

• Incorrectly stated current ownership name based on tehsil revenue records
• Failed to disclose a pending court case that was discoverable through District or High Court searches
• Incorrectly stated land classification (agricultural vs. residential) according to revenue records
• Missed a recorded encumbrance in the Encumbrance Certificate
• Incorrectly stated ESZ (Eco-Sensitive Zone) status based on Forest Department records

6.2 50% Refund (Material Factual Errors)

Partial refund if we:

• Incorrectly stated plot area by more than 10% from revenue records
• Failed to identify a recorded right-of-way or easement
• Incorrectly stated Section 143 conversion status
• Made factual errors in boundary demarcation measurements (verified by licensed surveyor)

6.3 NO Refund For:

• Opinions & Assessments: Our professional opinions, risk ratings, suitability scores, or recommendations
• Market Analysis: Property valuation, ROI projections, or comparable pricing analysis
• Post-Report Changes: Information that became inaccurate AFTER report delivery due to new laws, court orders, or government actions
• Undiscoverable Information: Information not available through reasonable government record searches (e.g., unrecorded agreements)
• Timeline Delays: Late delivery due to government office delays, weather, or other factors beyond our control
• Buyer's Remorse: Your decision not to purchase or dissatisfaction with property characteristics
• Third-Party Errors: Errors in government records themselves (we report what's in the records)

6.4 Refund Claim Process

• Timeline: Claims must be submitted within 30 days of report delivery
• Documentation: You must provide contradictory evidence from official government sources (tehsil records, court orders, etc.)
• Review Period: We will investigate within 15 business days
• Refund Processing: If approved, refunds processed within 30 days via original payment method

IMPORTANT: This guarantee applies to Truth Report services only, not Full Advisory or Concierge packages (which have separate terms in the Engagement Letter).

7. Client Responsibilities

You agree to:

• Provide accurate and complete information about properties under investigation
• Make payment according to agreed terms before service commencement
• Consult independent legal and financial professionals
• Conduct your own due diligence in addition to our services
• Not hold us liable for your purchase decisions
• Keep all report contents confidential and not share with unauthorized third parties

8. Indemnification

You agree to indemnify and hold harmless The Hill Link, its directors, employees, contractors, and agents from any claims, damages, losses, or expenses (including legal fees) arising from: (a) your use of our services to the extent not caused by our negligence or willful misconduct, (b) your property transactions, (c) your violation of these Terms, or (d) your violation of any law or regulation.

9. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of courts in Dehradun, Uttarakhand, India.

Any legal action must be commenced within ONE (1) YEAR from the date the cause of action arose, except for consumer complaints under the Consumer Protection Act, 2019, which must be filed within TWO (2) YEARS as required by that Act.

10. Dispute Resolution & Arbitration

MANDATORY ARBITRATION: You agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be resolved through binding arbitration, NOT court litigation.

10.1 Arbitration Process

• Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996
• Venue: Dehradun, Uttarakhand, India
• Language: English
• Number of arbitrators: One (1) arbitrator mutually agreed upon, who shall be: (a) a retired High Court or District Court judge, OR (b) an advocate with at least 15 years of experience in property law or contract law, OR (c) a chartered accountant or property valuation expert with arbitration certification. If no agreement within 15 days, the arbitrator shall be appointed by the Uttarakhand High Court
• The arbitrator's decision shall be final and binding
• Cost allocation: Each party shall bear their own legal fees and costs. The arbitrator's fees and administrative costs shall be shared equally, unless the arbitrator determines that one party's claim or defense was frivolous or brought in bad faith, in which case that party shall bear all arbitration costs
• Either party may seek interim or conservatory relief from a court of competent jurisdiction before or during arbitration proceedings to prevent irreparable harm. Such application shall not be deemed a waiver of the arbitration agreement

10.2 Pre-Arbitration Negotiation

Before initiating arbitration, you must first attempt to resolve the dispute through good-faith negotiation. Send written notice to [email protected] describing the dispute. We will attempt to resolve it within 30 days. If unresolved, either party may proceed to arbitration.

10.3 Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court:

• Claims for injunctive relief to prevent unauthorized use of confidential information
• Claims related to intellectual property infringement
• Small claims court matters (below ₹50,000)

Consumer Protection Matters: Notwithstanding this arbitration clause, you retain the right to file complaints with consumer forums under the Consumer Protection Act, 2019. However, if you elect to proceed with arbitration, that election waives your right to pursue the same claim in a consumer forum. Similarly, filing a consumer complaint waives your right to arbitration of that claim.

10.4 No Class Actions

You agree that disputes will be resolved on an INDIVIDUAL BASIS only. You waive any right to bring or participate in class actions, collective actions, or representative proceedings.

10.5 Confidentiality of Arbitration

All arbitration proceedings, submissions, and awards shall be kept confidential by both parties, except as required by law or to enforce the arbitration award. Breach of confidentiality may result in damages and attorney's fees.

11. Consumer Protection Act 2019 Disclosures

As required under the Consumer Protection Act, 2019, we provide the following disclosures:

11.1 Nature of Services

We provide property advisory and verification services, not property sales. We do not sell, broker, or facilitate property transactions. We are consultants providing information and analysis.

11.2 Pricing & Fees

All service fees are clearly disclosed before engagement. Fees are exclusive of GST (18% additional). Fees are NON-REFUNDABLE except as specifically stated in our Money-Back Guarantee (Section 6).

11.3 Right to Grievance Redressal

You have the right to file a consumer complaint with the appropriate consumer forum if you believe our services are deficient. Contact our Grievance Officer first:

11.4 Limitation Period

Consumer complaints under the Consumer Protection Act must be filed within TWO (2) YEARS from the date of service delivery or cause of action.

12. Anti-Circumvention Clause

You agree NOT to use our Truth Reports, research, or findings to circumvent our services by:

• Hiring your own surveyors or advocates to replicate our work
• Sharing our reports with third-party service providers without our written consent
• Using our findings to negotiate directly with sellers while avoiding our Full Advisory or Concierge services
• Providing our reports to other buyers or property seekers

Breach Consequences: If you circumvent our services after receiving a Truth Report, you forfeit any right to refunds and agree to pay liquidated damages equal to: (a) the difference between the Truth Report fee and the Full Advisory fee you would have paid (representing our lost engagement opportunity), plus (b) ₹25,000 for diminished value of our proprietary methodology and wasted research costs. You acknowledge this is a genuine pre-estimate of our actual damages, not a penalty.

Permitted Use: You may share reports with your own legal counsel, financial advisors, and family members for personal decision-making purposes only.

13. Not a Listing Service - Defamation Protection

IMPORTANT: The Hill Link is NOT a property listing service. We do not advertise, promote, or endorse any properties. We provide independent verification and analysis services.

Our Truth Reports may contain negative findings about properties, including legal risks, inflated pricing, or unfavorable conditions. These findings are based on:

• Verified public records and government documents
• On-ground surveys and physical inspections
• Professional opinions of qualified advocates and surveyors
• Factual analysis of market data and comparable sales

All statements in our reports are either: (a) statements of fact based on documented evidence, or (b) clearly labeled professional opinions. We do not make defamatory statements.

Property sellers, brokers, or developers who disagree with our findings may request a factual review by submitting contradictory evidence to [email protected]. We will investigate and issue corrections if our findings were factually incorrect.

14. Engagement Letter Requirement

NO SERVICES will commence until you have signed a written Engagement Letter specifying:

• Property address and details
• Service tier selected (Truth Report, Full Advisory, or Concierge)
• Total fees and payment terms
• Estimated timeline and deliverables
• Your acknowledgment of these Terms of Service
• Scope limitations and disclaimers

The Engagement Letter will be provided via email and must be digitally signed before work begins. Your signature constitutes acceptance of these Terms.

Verbal agreements, WhatsApp conversations, or email discussions do NOT constitute a binding engagement. Only a signed Engagement Letter creates a service contract.

Preliminary Discussions: Any inquiries, consultations, or discussions prior to execution of an Engagement Letter are preliminary only and do not create any obligations, representations, or warranties on our part. Only a signed Engagement Letter creates binding service commitments.

15. Force Majeure

Neither party shall be liable for failure to perform obligations due to events beyond reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, landslides, pandemics)
• Government actions (lockdowns, restrictions, policy changes, administrative delays)
• Strikes, labor disputes, or civil unrest
• Telecommunications or internet failures
• Severe weather conditions preventing access to property or government offices

In such events, the affected party must notify the other party within 7 days. Performance obligations are suspended during the force majeure event and will resume within a reasonable time after the event ends. If the force majeure event continues for more than 90 days, either party may terminate the agreement with a pro-rated refund of fees for work not yet performed.

16. Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or website notification at least 30 days before taking effect. Continued use of our services after amendments constitutes acceptance of modified Terms. We review these Terms annually to ensure compliance with current laws and industry standards.

17. Contact

For questions regarding these Terms, contact us at: [email protected]