Terms of Service

1. Nature of the Platform (Intermediary Status)

KREST (krestprop.in) is an online technology discovery and advertising portal operated in Kerala, India. KREST operates strictly as an "Intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000, and is entitled to the safe harbor protections guaranteed under Section 79 of the Information Technology Act, 2000.

KREST is not a real estate developer, legal advisor, financial institution, or government agency. KREST does not own, physically inspect, convey, or guarantee any properties displayed on the platform. All listings, property specifications, boundaries, and pricing are submitted by independent property owners, authorized channel partners, or derived from historical public transaction records.

2. K-RERA Compliance & Agent Representations

KREST complies with the Real Estate (Regulation and Development) Act, 2016 (RERA) and rules framed by the Kerala Real Estate Regulatory Authority (K-RERA).

• Promoters, builders, and developers advertising commercial or residential projects exceeding 500 square meters or more than 8 apartments are legally obligated to register with K-RERA and state their valid K-RERA registration number on all listings.
• Channel partners and real estate brokers utilizing the platform represent that they possess valid RERA registrations where mandated by law.
• KREST accepts no liability for third-party failure to obtain or maintain statutory K-RERA approvals.

3. Independent Due Diligence & Kerala Land Laws

Every prospective buyer, tenant, or investor is solely responsible for conducting comprehensive legal, technical, and physical due diligence through licensed advocates and chartered surveyors before making any monetary advance or executing agreements.

Users must independently inspect and verify:

• Title Deeds & Encumbrance Certificates (EC): Minimum 30-year non-encumbrance search at the relevant Sub-Registrar Office (SRO).
• Kerala Conservation of Paddy Land and Wetland Act, 2008: Verification of whether the land is classified as Purayidam (dry land) or Nilam/Nanja (wetland/paddy), checking entries in the Local Level Monitoring Committee (LLMC) Land Data Bank, and validating Form 5/6/7 conversion orders.
• Zoning & Building Permissions: Compliance with Kerala Municipality Building Rules (KMBR) / Kerala Panchayat Building Rules (KPBR), Coastal Regulation Zone (CRZ) clearances, National Highway frontage setbacks, and revenue sketch alignments.

KREST disclaims any warranty regarding title clarity, boundary correctness, possession status, or conversion approvals for any listed property.

4. Market Estimations & No Tax or Valuation Advice

All prices, rates per cent, closed transaction ledgers, and micro-market indices published on KREST represent indicative market asking values or estimated private market trends.

KREST does not publish, calculate, or provide statutory Government Fair Value (ന്യായവില / Nyaya Vela) under Section 28A of the Kerala Stamp Act, 1959. KREST strictly prohibits the use of its data to facilitate undervaluation, stamp duty evasion, or tax non-compliance under the Income Tax Act, 1961 (including Section 50C and 56(2)(x)).

Users must consult their legal counsel or authorized registration agents to obtain official fair value certificates directly from the Department of Registration, Government of Kerala.

5. Anti-Money Laundering & Lawful Consideration

Users agree that all financial negotiations and transactions facilitated through connections made on KREST must strictly comply with the Prevention of Money Laundering Act, 2002 (PMLA), the Real Estate (Regulation and Development) Act, 2016, and the Indian Stamp Act. KREST reserves the right to immediately terminate accounts and remove listings suspected of illegal conduct or fraudulent financial misrepresentation.

6. Limitation of Liability

Under no circumstances shall KREST, its directors, developers, or affiliates be liable for any direct, indirect, punitive, or consequential damages resulting from transaction disputes, title defects, boundary disputes, loss of advance tokens, listing inaccuracies, or site downtime. Total cumulative liability of KREST to any user shall not exceed ₹1,000 (Indian Rupees One Thousand).

7. Governing Law & Jurisdiction

These Terms of Service are governed exclusively by the laws of India. Any claim, legal proceeding, or litigation arising out of or in connection with the platform shall be instituted solely in the competent courts situated at Ernakulam / Kochi, Kerala, India.

8. Grievance Officer

In accordance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the designated Grievance Officer for KREST is: