Last updated: 1 April 2025. These Terms of Service ("Terms") form a legally binding agreement between you ("User", "you") and LandEMI Real Estate Pvt. Ltd. ("LandEMI", "Company", "we") for use of our website, mobile application, and all associated services. Please read carefully before proceeding.
1. Definitions
- Platform means the LandEMI website (landemi.in), mobile applications, APIs, and any other digital interface operated by the Company.
- Plot means a parcel of land listed on the Platform by LandEMI or an authorised developer partner.
- EMI Plan means an equated monthly instalment schedule offered to purchase a Plot, with defined tenure, interest rate, and fee structure.
- Booking Amount means the initial non-refundable payment made to reserve a Plot, distinct from subsequent EMI payments.
- Allotment Letter means the formal document issued by LandEMI confirming allocation of a specific Plot to a User upon payment of Booking Amount and KYC completion.
- Sale Deed means the registered conveyance document transferring ownership of the Plot from the vendor to the User upon full EMI payment.
- KYC means know-your-customer verification including Aadhaar, PAN, and address proof validation as required by applicable law.
2. Eligibility & Account
- You must be at least 18 years old and legally competent to enter into contracts under the Indian Contract Act, 1872 to use the Platform.
- You may register as an individual, or as a company/firm provided you have authority to bind that entity.
- Each person may maintain only one account. Creating multiple accounts to circumvent restrictions is prohibited and may lead to permanent suspension.
- You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately at security@landemi.in if you suspect unauthorised access.
- LandEMI reserves the right to suspend or terminate any account that provides false, outdated, or misleading information during registration or KYC.
- Non-resident Indians (NRIs) and Overseas Citizens of India (OCI) may use the Platform subject to FEMA regulations. Payments must be made from NRE/NRO accounts.
- Corporate entities (companies, LLPs, trusts) may purchase plots subject to additional documentation including board resolution and authorisation letter.
3. Plot Listings & Information
- All plot details — area, price, location, authority approvals, infrastructure score — are displayed in good faith based on information provided by developers and verified by our legal team.
- Plot availability is updated in real-time; however, due to system latency, a Plot shown as "available" may already be reserved. We will notify you and refund any payment made within 5 business days.
- Plot measurements are approximate. The exact area will be as stated in the registered Sale Deed and may vary by up to 2%. Price adjustments for such variations will be agreed in writing.
- Plot images, layout maps, and renderings are illustrative. The actual plot may differ in shape and orientation; refer to the approved layout plan for exact boundaries.
- Infrastructure scores are indicative assessments and are not guarantees of future development. LandEMI is not liable for changes in surrounding infrastructure.
- LandEMI does not guarantee capital appreciation of any plot. Real estate investment involves risk, and past price trends are not indicative of future returns.
4. Booking Process
- To book a Plot you must: (a) complete account registration; (b) pass KYC verification; (c) select an EMI plan; and (d) pay the Booking Amount.
- The Booking Amount ranges from 1% to 5% of the total plot price depending on the plan and plot category, and is disclosed clearly before payment.
- Upon receipt of the Booking Amount and successful KYC, LandEMI will issue an Allotment Letter within 7 business days.
- The Allotment Letter is personal to the allottee and is non-transferable without written consent from LandEMI.
- LandEMI reserves the right to reject any booking if KYC verification fails, if the payment is fraudulent, or if the allottee does not meet eligibility criteria.
- Joint purchases by up to two co-applicants are permitted. Both co-applicants must complete KYC. Joint ownership will be reflected in the Sale Deed.
5. EMI Plans & Payment Obligations
- EMI plans range from 12 to 600 months. Each plan specifies: (a) base EMI (principal component); (b) interest rate and annual escalation; (c) GST at 18%; (d) admin fee; and (e) payment gateway fee.
- EMI due dates are fixed at the 5th of each month unless otherwise specified in your Allotment Letter.
- A grace period of 7 days is provided after each due date. EMIs paid within the grace period attract no late fee.
- EMIs paid after the grace period attract a late fee of 2% per month on the overdue amount, compounded monthly.
- Three consecutive missed EMIs constitute a default. On default, LandEMI will issue a cure notice providing 30 days to regularise payments before cancellation proceedings begin.
- Partial EMI payments are accepted but the outstanding balance continues to accrue late fees until the EMI is fully paid.
- EMI amounts are subject to annual escalation as disclosed in the plan. You will receive a revised EMI schedule 30 days before each escalation date.
- Pre-closure of the EMI plan is permitted at any time. A pre-closure fee of 2% of the outstanding principal applies for plans closed before 50% of the tenure is completed. No pre-closure fee thereafter.
- All payments must be made in Indian Rupees through the Platform's approved payment gateways. Cash payments are not accepted.
- TDS at 1% of the plot value (Section 194-IA of the Income Tax Act) must be deducted by the buyer for transactions above ₹50 lakhs. LandEMI will assist in filing Form 26QB.
6. GST, Stamp Duty & Registration Charges
- GST at 18% is applicable on the principal plot price as per current GST Council rates; this is included in your EMI amount and is shown separately in every receipt.
- Stamp duty and registration charges payable at the time of Sale Deed registration are not included in the EMI and are the buyer's sole responsibility.
- Stamp duty rates vary by state (typically 4%–8% of property value). LandEMI will provide an indicative estimate but the final amount is determined by the Sub-Registrar's office.
- Registration charges are typically 1% of the property value, capped at applicable state limits.
7. Sale Deed & Title Transfer
- The Sale Deed will be executed within 45 working days after receipt of the final EMI and all associated dues (late fees, pre-closure charges, stamp duty, and registration charges).
- LandEMI will coordinate with the Sub-Registrar's office for registration. You must be present in person (or authorised by a Power of Attorney holder) for registration.
- If you cannot attend in person, you may provide a registered Power of Attorney (specific, not general) in favour of an adult relative or LandEMI's authorised representative.
- LandEMI provides clear and marketable title to all listed plots. An encumbrance certificate will be provided before Sale Deed execution.
- Physical possession will be handed over at the time of Sale Deed registration, along with boundary stones, approved layout plan, and possession certificate.
8. Referral Programme
- The 5-level referral programme rewards users who refer others to purchase plots on the Platform.
- Referral bonuses are credited as a discount on future EMI payments, not as cash. They are non-transferable and expire 36 months from credit if unused.
- Referral bonuses are credited only after the referred user completes booking and pays the first EMI successfully.
- LandEMI reserves the right to revoke referral bonuses obtained through fraudulent referrals, self-referrals, or any abuse of the programme.
- Referral chains are verified automatically. Any disputes regarding chain calculation must be raised within 60 days of the disputed event.
9. Intellectual Property
- All content on the Platform — text, images, logos, icons, layout plans, source code, and design — is the exclusive property of LandEMI and is protected by Indian copyright law.
- You may not copy, reproduce, distribute, or create derivative works from any Platform content without prior written permission.
- User-generated content (profile photos, support messages) remains your property; by submitting it you grant LandEMI a non-exclusive, royalty-free licence to use it for service delivery and improvement.
- The trademarks "LandEMI", its logo, and associated marks are registered or common-law trademarks of the Company. Unauthorised use is prohibited.
10. Prohibited Conduct
- Using the Platform for money laundering, tax evasion, or any activity that violates PMLA, FEMA, or Income Tax Act.
- Attempting to hack, reverse-engineer, or probe the Platform's security systems.
- Automated scraping of plot listings, pricing data, or any content without express written permission.
- Impersonating LandEMI staff, developers, or other users.
- Posting defamatory, obscene, or harassing content through any Platform communication feature.
- Manipulating the referral system through self-referrals, fake accounts, or collusion.
11. Limitation of Liability
- LandEMI's aggregate liability to you for any claim arising from use of the Platform shall not exceed the total booking amount paid by you in the 12 months preceding the claim.
- LandEMI is not liable for: (a) indirect, consequential, or punitive damages; (b) loss of profit or investment return; (c) delays caused by government authorities, natural disasters, or force majeure events.
- LandEMI is not liable for actions of third parties including payment gateway failures, SMS/email delivery failures, or developer delays beyond our control.
- Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraudulent misrepresentation.
12. Dispute Resolution
- In the event of a dispute, you must first raise a complaint with our Grievance Officer (grievance@landemi.in) and allow 30 days for resolution.
- If unresolved, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996. A sole arbitrator shall be appointed by mutual agreement, or by the Hyderabad International Arbitration Centre (HIAC).
- The seat and venue of arbitration shall be Hyderabad, Telangana. Proceedings shall be conducted in English.
- Consumer disputes (where the buyer is a natural person purchasing for personal use) may alternatively be raised before the appropriate Consumer Forum under the Consumer Protection Act, 2019.
- RERA-related disputes shall be submitted to the relevant State RERA Authority as per Section 31 of the Real Estate (Regulation and Development) Act, 2016.
13. Governing Law & Jurisdiction
- These Terms are governed by the laws of India.
- Subject to the arbitration clause above, courts in Hyderabad, Telangana shall have exclusive jurisdiction.
- If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full effect.
- These Terms constitute the entire agreement between you and LandEMI and supersede all prior negotiations, representations, and understandings.
14. Termination
- You may close your account at any time by emailing accounts@landemi.in, provided no active bookings or pending dues exist.
- LandEMI may suspend your account with immediate effect for breach of these Terms, pending investigation. We will notify you within 24 hours.
- Account termination does not extinguish any outstanding payment obligation. Allotment Letters already issued remain valid regardless of account status.
- Upon termination, your right to use the Platform ceases immediately. Data retention post-termination is governed by our Privacy Policy.
15. Changes to Terms
- LandEMI may update these Terms at any time. Material changes will be notified by email and in-app notification at least 15 days in advance.
- Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.
- A version history of these Terms is available on request from legal@landemi.in.
16. Miscellaneous
- These Terms shall be construed in accordance with the Indian Contract Act, 1872, the Consumer Protection Act, 2019, the IT Act, 2000, and RERA, 2016.
- Failure by LandEMI to enforce any provision of these Terms shall not constitute a waiver.
- You may not assign your rights or obligations under these Terms without prior written consent from LandEMI.
- LandEMI may assign these Terms to a successor entity in the event of a merger or acquisition, with notice to you.
- These Terms apply in addition to, and do not replace, the specific terms in your Allotment Letter and Sale Agreement.
- All notices to LandEMI must be sent by registered post or email to the addresses provided in the Contact section.
- The Platform may be unavailable due to scheduled maintenance. We will provide 24 hours advance notice for planned downtime.
- LandEMI operates a tamper-proof ledger for all EMI transactions. In the event of a dispute over payment records, the ledger shall be the authoritative reference.
- All prices on the Platform are in Indian Rupees (INR) inclusive of applicable taxes unless stated otherwise.
- LandEMI reserves the right to modify, suspend, or discontinue any feature of the Platform at any time with reasonable notice.
- You acknowledge that you have read, understood, and agree to be bound by these Terms by clicking "I Agree" or by continuing to use the Platform.
- Contact: legal@landemi.in | 4th Floor, Tech Tower, HITEC City, Hyderabad – 500081.
17. Force Majeure
- LandEMI is not liable for delay or failure to perform obligations under these Terms caused by circumstances beyond its reasonable control including acts of God, natural disasters, pandemics, war, government orders, nationwide strikes, power failures, or internet infrastructure failures.
- LandEMI will notify you of a force majeure event within 7 days of occurrence and provide an estimated timeline for resumption of normal service.
- If a force majeure event continues for more than 90 days, either party may terminate the affected service obligations after providing 15 days written notice, without liability to the other, except that all monies paid for undelivered services shall be refunded.
18. Notices
- LandEMI will send all notices to the email address on your account. You are responsible for keeping your email address current.
- Notices from you to LandEMI must be sent by registered post to the registered office address or by email to legal@landemi.in with read-receipt requested.
- Notices sent by registered post are deemed received 3 business days after dispatch; email notices are deemed received on the next business day after the timestamp of the sent email.
- All official notices, legal documents, and Sale Deed drafts shall be in English and Telugu (for Telangana projects) or the relevant regional language as required by the Sub-Registrar.
- You consent to receive contractual communications (EMI schedules, Allotment Letters, payment receipts) electronically to your registered email. Electronic delivery has the same legal effect as physical delivery.