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Terms & Conditions

Channel Partner Program - Terms & Conditions

Walls & Dreams Channel Partner Program and the terms and conditions by which participants agree to be bound, are contained herein. This Agreement is entered into between the PluckWalk Technologies Private Limited (the “Company”)or any of our affiliated, parent or group companies and the applicant (hereinafter referred to as the “Channel Partner” its successors / assigns). When the term “Walls & Dreams Site” is used, it is directed towards the web sites, including Walls & Dreams international web site situated at www.wallsanddreams.com, as well as Walls & Dreams mobile web site.

  • The Company, through its Website and mobile application, connects construction and renovation professionals, including contractors, architects, and renovators, to serve end customers in the construction services market.
  • The Channel has made available to the Company a proof of experience for marketing, advertisement and sale of units, plots, spaces in residential and commercial units. The Channel Partner has agreed to provide his list of Leads – Potential customers willing to construct buildings to the Company. On this basis, the Company requests to enter into a principal relationship with the Channel Partner with respect to procuring Business Services for the Group.
  • The Channel Partner ensures that they have the ability, capacity, skill-set, experience and infrastructure to generate leads. Additionally, Channel Partners must have trained and experienced personnel to undertake all activities set out herein this Agreement.
  • Based on such representations and warranties, the Company shall hire and enlist the Channel Partner to provide Business Services on non-Exclusive basis under the term and condition contemplated under the Walls & Dreams Channel Partner Program.

ENROLLMENT IN THE PROGRAM

  • The Company is involved in offering a marketplace through a website and a mobile application with construction and renovation workers such as contractors, architects, and renovators to offer construction services to final consumers.
  • The Channel Partner has undertaken that they have the requisite experience of marketing, promoting and enabling the sale of units, plot or space in residential as well as commercial real estate undertaking. They provided to contribute the database of potential customers willing to construct buildings (hereinafter referred to as “Leads”) to the Company. From this representation, the Company is ready to offer business to the Channel Partner on a direct principal basis as required.
  • The Channel Partner signifies to the Company that they possess the skill, knowledge, experience, expertise, capacity and infrastructure to produce leads. Further, they agree and state that they possess competent and skilled staff to undertake the functions specified herein in this Agreement.
  • Subject to the terms and conditions in this Agreement the Company being relying upon the representations and warranties of the Channel Partner hereby agrees to engage and appoint the Channel Partner to provide Business Services on a non-exclusive basis.
  • The choice of the applications is vested solely in the Company and the Company has the discretionary powers to accept or decline any of the applications.
  • The application must be filled in every aspect, and the list of the necessary documents must be enclosed.
  • The constitutional documents and the registration certificates that come with the application must be provided; failure to which the application will be dismissed.
  • All information disclosed in the course of the examination of the applicant’s case by the Company, including all the discussions, shall not be discussed with any third party other than the subsidiaries of the Company.
  • Applicants may retrieve their submitted documents within 45 days of submission; after this period, the documents will be destroyed.
  • The applicant confirms that they are not involved in any economic offenses, tax defaults, or moral turpitude.
  • The Channel Partner agrees to share leads of prospective customers with the Company. The Company will verify the leads and, upon verification, will connect with the leads to address their requirements and fulfill them.
  • The Channel Partner will promote the Company’s brand and keep the leads informed about the Company’s offerings. The Company will provide marketing support to the Channel Partner, displaying their logo on the website. The Channel Partner may also leverage the digital capabilities of the Company at a mutually agreed-upon cost.
  • The Channel Partner cannot promote the Company’s brand or packages on their website without prior permission from the Company. Only after receiving permission will the Company provide the necessary logos and specifications for display on the Channel Partner’s website.
  • In cases where the same Lead is shared by multiple Channel Partners, the lead will be awarded to the partner providing more comprehensive information. If the information is identical, the Company will consider the submission on a first-come, first-served basis.

PRICING AND PAYMENT

The Company operates on a fixed commission model, which will be confirmed before the Channel Partner begins sharing leads. The payment cycle is set at 30 days, starting from the day the project commences.

CANCELLATION

In the event of cancellation after construction has started, any commission already paid for that sale must be promptly refunded by the Channel Partner upon request by the Company.

MODE OF PAYMENT

All payments will be made in Indian currency only and will be processed through authorized banking channels. Payments will be subject to tax deductions at source in accordance with the applicable laws in force.

USE OF COMPANY’s TRADE MARKS AND LOGOS

The Company grants the Channel Partner the right to promote the Product under the trademarks, names, designs, logos and other Intellectual Properties of the Company only upon prior written consent of the Company. It can be used only for advertising the Company’s products and services, and can used only in compliance with the guidelines defined by Company.

The Company may obtain this result if the representations of the Channel Partner are in variance to this specifications and the Company intends to remove or correct such representation. Any violation of it after the notification may be a reason for terminating this Agreement without prior notice, for the Company. In case such other party shall breach any provisions of this Agreement, every subsequent use of the Company’s Intellectual Properties shall be regarded as the violation of its rights by the Company with the right of the latter to file an appropriate suit for damages and take necessary legal action. Any use or registration by any third party of domain names similar to the Company Intellectual Properties is prohibited and any such registration and/or use is permitted and allowed only through the Company’s approval.

REPRESENTATIONS AND WARRANTIES

This Agreement is executed by Channel Partner with legal capacity and fixes its capacity to fulfill all of its obligations hereunder without violations of law. Furthermore, the Channel Partner undertakes to comply with the conditions set out thereon by the real estate agents under the Real Estate (Regulation and Development) Act 2016, as amended from time to time.

INDEMNITY AND LIABILITY

The Company agrees additionally to indemnify the Channel Partner, and its officers, its employees and its nominees, against all liabilities, costs, damages, claims or legal proceedings to which the Channel Partner shall become an incident by reason of or in connection with such services rendered by the Channel Partner through the Channel Partner, as the case may be, such as the information provided by the Channel Partner or obligations assigned to the Channel Partner. The expiration or termination of this Agreement will not affect indemnity obligations hereunder.

ASSIGNMENT

Any rights and duties of the Parties under this Agreement shall be exercisable immediately following the date hereof and upon its release for execution and shall accrue to the benefit of this Channel Partner and the Company and their respective successors and permitted assigns. Nonetheless, none of the parties shall have a right to assign or delegate any of the obligations or rights arising under the context of this Agreement to third parties without the express consent of the other party.

SEVERABILITY

This Agreement does not impose any burdensome obligations, covenants or restraints on the parties. To the extent such provisions in this subsection are prohibited, invalid or unenforceable under applicable law, such provisions shall not, however, affect the validity or enforceability of the remaining provisions under such applicable law.

AMENDMENTS

The terms of this Agreement may be altered, changed, or supplemented; waived as to this or that term and such alteration, change, or supplement, or waiver may be effective and binding only if made in accordance with a written agreement signed by both Parties.

DISPUTE RESOLUTION

Should any Dispute arise out of or relate to this Agreement which is not resolved by arbitration as set below, the parties consent, provided, however, that this consent does not waive or forfeit any related claim or right we may have against you. This referred if not settled, shall be settled by arbitration in a single arbitrator from between a person nominated by the Company who has right to choose to ask the arbitration in pursuance of provisions of the Arbitration and the Conciliation Act, 1996. Such arbitration shall be in Bangalore and in the English language.

JURISDICTION

All purposes shall be deemed to have been concluded, executed in Bangalore, India and all disputes arising under this agreement shall be subject to the exclusive jurisdiction of the courts in Bangalore only.