Terms and Conditions governing the use of www.codenamenowornever.com
Between the Applicant and JP Infra Realty Private Limited (“JPIRPL”)
Booking related terms:
- This is a priority booking request for the purchase of a residential/commercial unit in the project known as “Codename - Now or Never” or “JP North Aviva”.
- This project is being developed by JPIRPL and located at Mira Road.
- Once the priority booking is confirmed, the allotted unit cannot be changed and shall be final.
- The booking amount is non-refundable.
- This priority booking request shall only be valid upon completion of the entire process by the Applicant(s).
- Post booking formalities including associated paperwork shall be completed offline by an authorized representative of JPIRPL.
- The term “booking” or “allot” or “allotment” or “Allotment Letter” wherever included herein shall always mean “provisional booking” and shall remain as such until the Agreement for Sale is executed and registered by the Developer in favor of the Applicant(s).
- The Applicant(s) has/have clearly understood that this is only a request for confirming the booking of the said Unit and does not constitute any kind of contract or final allotment or an agreement and the Applicant(s) is/are not vested with any right, title or interest until a formal agreement for sale (“AFS”) is executed and registered by the Developer in favour of the Applicant(s).
- Upon the Developer deciding to allot the said Unit in favor of the Applicant(s), the Developer will send a written/electronic intimation thereof to the Applicant(s) to pay the balance amount of 10% of the total Sale Consideration. Upon receipt of 10% of the total Sale Consideration, the Developer within 21 days shall call upon the Applicant(s) to execute and register the necessary Agreement for Sale in respect of the said Unit, subject to any Force Majeure event or any such other event that is beyond the control of the Developer and causing delay to such registration.
- The Applicant(s) confirms that they are updated on the relevant laws, notifications, rules and regulations applicable to this Real Estate Project including RERA Act and Rules and if they have any queries they shall accordingly seek clarification in advance.
- The Developer at its sole option reserves the right to accept or reject this booking.
- Cancellation of the booking can happen due to i) Non completion of the booking formalities ii) Non-payment of due money in time iii) Incorrect disclosures a/o information iv) non execution of the Agreement for Sale (“AFS”) within time v) Non-compliance with terms and conditions of the booking/AFS.
- In case of a cancellation due to default of the Applicant(s), an amount shall be forfeited by the Developer to cover liquidated damages in addition to any dues, interest on dues before calculating any refund, which once paid shall be construed as sufficient discharge of all obligations of the Developer under the law or otherwise. No statutory payments of any nature shall be refunded.
- In case of a cancellation for any other reason but for default of the Applicant(s), the Developer shall refund principal/net amounts received less statutory payments and any interest on dues and the same shall be construed as sufficient discharge of all obligations of the Developer under the law or otherwise. No statutory payments of any nature shall be refunded.
- Forfeiture Amount shall mean 10% (Ten percent) of the total Sale Consideration towards liquidated damages, plus overdue interest on any overdue payments plus recovery charges levied for dishonoring of the cheque’s plus any brokerage if applicable with respect to the booking or allotment of the said Unit, together with the applicable taxes thereon, and the Applicant(s) consent(s) to the same.
- On acceptance of withdrawal/cancellation of the booking, the applicant shall have no right whatsoever in respect of unit/premises/car parking booked by him/her and the developer shall be entitled to sale/deal with the said Unit in his absolute discretion without any reference/recourse to the applicant. The Applicant(s) confirms to register a “Cancellation Deed”, if so required by the Developer and confirm to return all documents executed/received by the Applicant(s) from the Developer.
- The Applicant(s) agree(s) that the car parking space(s) cannot be sold or dealt with independent of the said Unit. All clauses herein and the Agreement for Sale pertaining to allotment, possession, cancellation etc. shall also apply mutatis mutandis to the car parking space(s). If applicable, the car parking space shall be allotted by the Developer to the Applicant(s) at any place in the Real Estate Project at the sole discretion of the Developer, on or around the Completion Date.
- All over-due payments shall attract interest at the SBI highest marginal cost of Lending Rate + 2% (“Overdue Interest”) per annum from the date they fall due till the date of receipt/realization of payment by the Developer.
- Other charges mentioned in the Cost Sheet are only present estimates of the Developer and the Developer reserves the right to enhance the same, at its sole discretion.
- The Applicant(s) shall be entitled to transfer/assign his/her/their/its interest in the said Unit in favor of any third party as per the terms mentioned in the AFS and only after the AFS is executed.
- The Developer has apprised and the Applicant(s) is/are aware that owing to the unsurety with respect to the pandemic of Covid-19 and associated restrictions, there may be delay in delivery of possession, completion of the construction milestone etc. It being a force majeure event, beyond the control of the Developer from the stipulated date, shall not be treated as default/negligence on the part of the Developer to perform its obligations. The Applicant(s) has/have agreed to book the said Unit after being fully aware and undertaken that the Applicant(s) shall not file any complaint, litigation, proceedings, dispute etc. against the Developer in respect of above.
- Any dispute arising out of or touching upon or in relation to the terms of this booking/Agreement for Sale including the interpretation and validity of the terms and conditions thereof and the respective rights and obligations of the Developer and the Applicant(s) (“Parties”) shall be settled amicably by mutual discussion. In the event the same cannot be settled amicably the parties shall be entitled to seek appropriate relief under applicable laws.
Project related terms:
The Applicant(s) is aware that:
- The current development is a part of the Larger Development to be developed by the Developer on the entire Land, which is a mixed use development comprising of residential and commercial zones, which would be developed in the manner the Developer may deem fit.
- Since the Real Estate Project is a mixed use development, the Developer may form a separate association, in the nature of a society/company/condominium (“Association”), form an apex organization (“Apex Body”) for the entire development or separate apex associations (“Apex Bodies”) for each of residential and commercial zones, for the purposes of effective maintenance and management of the entire Project at such time and in such manner as the Developer may deem fit, subject to applicable laws and taking into consideration the nature and intricacies’ of the entire development.
- The Applicant(s) would be required to pay advance 24 (twenty-four) months for the purposes of maintenance of tower in which the said Unit is located and the entire Development.
- Management and Maintenance of the said Unit/Project and common areas, including installation and activation of other facilities like MGL etc., shall be taken care by the Maintenance Agency nominated and appointed by the Developer. Expenses incurred plus applicable taxes, if any, towards the same shall be payable by the Applicant(s) directly to the Agency, before taking possession of their said Unit. The Agency will be responsible to render the accounts of the monies paid by the Applicant(s). Property tax payable shall be billed to the said Unit/Project and common areas by the local Municipal authority, which shall not be included in the Maintenance and Management charges to be collected by the Agency. Each Applicant(s) shall be required to pay their individual property taxes separately as and when billed to them. All maintenance and management charges are provisional and subject to variation based on actual consumption/expenses. The agency providing these services shall be entitled to charge a management fee plus applicable taxes if any for their services.
- The Developer shall not be liable to pay any maintenance/outgoings in respect of any unsold units/premises, save and except property tax in respect thereof, as per actual billing from the concern authority.
- The Applicant(s) further agree(s) and confirm(s) that if in the event any major alteration(s)/modification(s) of the building plans resulting in any increase/decrease in the carpet area of the said Unit due to alterations in the layout plan/building plans, due to any technical reasons, site conditions or any other reasons, in that event such increase/decrease shall be acceptable to the Applicant(s) and the Applicant(s) shall not raise any objections to the same so far as the same is within the overall limit of +/- 3% (Three percent), then the total Sale Consideration payable for the carpet area shall be re-calculated upon confirmation by the Developer. If there is any reduction in the carpet area with the defined 3% limit, then Developer shall refund excess money paid by the Applicant(s).
- The Applicant(s) agree(s) that the Developer shall have the right to raise construction finance/loan from any financial institution/bank and create a mortgage/charge in respect of the Project/Project Land, subject to the said Unit being free from any encumbrance, at the time of handing over the possession of the said Unit. The loans/finance obtained by the Developer against the security of the Project shall be repaid by the Developer.
- The Applicant(s) clearly and unequivocally confirm(s) that in case remittances related to purchase of the said Unit are made by non-resident(s)/foreign national(s) of Indian origin, it shall be the sole responsibility of the Applicant(s) to comply with the provisions of the Foreign Exchange Management Act, 1999 (FEMA) or statutory enactments or amendments thereof and the rules and regulations of the Developer to fulfill its obligations under this booking or the AFS. Any implications arising out of any default by the Applicant(s) shall be the sole responsibility of the Applicant(s). The Developer accepts no responsibility in this regard and the Applicant(s) shall keep the Developer fully indemnified for any harm or injury caused to it for any reason whatsoever in this regard. Whenever there is a change in the residential status of the Applicant(s), subsequent to the signing/ accepting of this booking, it shall be the sole responsibility of the Applicant(s) to intimate the same in writing to the Developer immediately and comply with all the necessary formalities, if any, under the applicable laws.
- The Developer reserves the right to change the design, elevation, specifications, amenities and facilities, plans etc. to meet the planning/regulatory requirement or due to aesthetic reasons or to achieve the common general requirements.
- The name of Project or of the individual towers may be changed at the sole discretion of the Developer and the Applicant(s) shall not be entitled to raise any objection/hindrance on the same.
All project information and details displayed on the site, including but not limited to the information and details contained in project related materials that the Applicant(s) may view or download are for information purposes only and subject to change.
The imagery used on the website and brochures are indicative of style only. Photographs of interiors, surrounding views and location may have been digitally enhanced or altered and do not represent actual views or surrounding views. These images are the architect’s impression and for indicative use only.
Indemnity and Release:
The Applicant(s) shall indemnify and hold harmless JPIRPL, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of the Applicant(s) breach of any of the legally binding terms and conditions laid down herein or any document incorporated by reference, or the Applicant(s) violation of any law, rules, regulations or the rights of a third party.
The Applicant(s) hereby expressly release JPIRPL and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of any third party and specifically waive any claims or demands that the Applicant(s) may have in this behalf under any statute, contract or otherwise.
When the Applicant(s) visits website www.codenamenowornever.com, the Applicant(s) is communicating with JPIRPL electronically. The Applicant(s) will be required to provide a valid phone number while booking the unit with us. JPIRPL may communicate with the Applicant(s) by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, the Applicant(s) consent to receive communications (including transactional, promotional and/or commercial messages), from JPIRPL with respect to the Applicant(s) use of the website and/or the Applicant(s) booking done on the website.
All correspondences will be made with the Applicant(s) at the correspondence address for correspondence and/or on the e-mail address provided by the Applicant(s) and to the Developer at the address indicated by the Developer. In the event communication will be sent by the Developer to the first Applicant as mentioned in this booking and the same shall for all purposes be considered as served on all Applicant(s).
Alteration or Amendments to the terms and conditions:
JPIRPL reserves the right to make changes to its website, policies, and these legally binding terms and conditions at any time. The Applicant(s) will be subject to the policies and legally binding terms and conditions in force at the time that the Applicant(s) use the website or that the Applicant(s) books the units from JPIRPL, unless any change to those policies or these terms and conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Use of Third Party Services:
The Applicant(s) shall be responsible for payment of all costs/charges associated with the booking of units from JPIRPL and he/she/it agrees to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST and cesses etc.
The Statutory Charges, taxes, government levies etc. are based on the current applicable rules/rates and may vary at the time of actual payment. Any upward revision thereto will be borne by the Applicant(s). Statutory Charges as applicable from time to time are payable proportionately along with every installment. GST and TDS may be applicable on estimated other charges as well.
Applicant(s) Personal Information/Confidentiality:
If the Applicant(s) uses the website, the Applicant(s) is responsible for maintaining the confidentiality of his/her/their/its account and/or EOI number or password and for restricting access to the Applicant(s) computer to prevent unauthorized access to his/her/their/its account. The Applicant(s) agree to accept responsibility for all activities that occur under his/her/their/its account or EOI number password. The Applicant(s) should take all necessary steps to ensure that the EOI number or password is kept confidential and secure and should inform JPIRPL immediately if the Applicant(s) has any reason to believe that his/her/their/its EOI number or password has become known to anyone else, or if the EOI number or password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details provided with by the Applicant(s) to JPIRPL are correct and complete and inform JPIRPL immediately of any changes to the information that the Applicant(s) provided when registering. The Applicant(s) can access and update much of the information he/she/it provided us with in the Applicant(s) Account area of the website. www.codenamenowornever.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to the Applicant(s).
By checking the box above/previous page, the Applicant(s) hereby confirms they have understood its contents and authorize JPIRPL to process the booking, and on the basis of which the Applicant(s) has/have paid the booking amount. The Applicant(s) acknowledges and undertakes that he/she/it are accessing the services on the website and transacting at their own risk and are using their best and prudent judgment before entering into any transactions through the website. The Applicant(s) confirms that all the above information provided is/are true and nothing has been concealed or suppressed and that they have fully read and understood the terms and conditions herein above mentioned and do hereby agree, undertake and covenant to abide and be bounded by them.