NIWASA Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") govern your access to and use of the NIWASA mobile application, website and related services ("Platform").

NIWASA is operated by Market Edge Solutions Pvt Ltd. ("NIWASA", "we", "us", or "our").

By creating an account, accessing the Platform, publishing a listing, contacting another user or otherwise using NIWASA, you agree to these Terms.

If you do not agree to these Terms, you must not use the Platform.

2. Nature of NIWASA

NIWASA is a technology-enabled property marketplace.

The Platform may enable users to:

• Search for properties;
• View property listings;
• Publish property listings;
• Contact property owners;
• Contact agents;
• Contact developers;
• Submit inquiries;
• Use map-based property discovery;
• Receive recommendations; and
• Use other marketplace features introduced by NIWASA.

Unless expressly stated otherwise, NIWASA is not the owner, seller, landlord, tenant, buyer, developer, estate agent, broker, valuer, surveyor, lawyer or contracting party for any property displayed on the Platform.

NIWASA primarily provides technology that facilitates discovery and communication between users.

3. User Categories

NIWASA may support different user categories, including:

• Buyer;
• Tenant;
• Property Owner;
• Agent;
• Developer; and
• Administrator.

Different features, verification requirements and responsibilities may apply to different user categories.

4. Eligibility

You may use NIWASA only if:

• You are legally capable of entering into binding agreements under applicable law;
• The information you provide is accurate;
• You comply with applicable laws; and
• You comply with these Terms.

If you use NIWASA on behalf of an organization, you confirm that you have authority to act for that organization.

5. Account Registration

Certain NIWASA features require an account.

You may be required to provide:

• Name;
• Mobile number;
• Email address;
• User category; and
• Other information necessary for the service.

You are responsible for:

• Providing accurate information;
• Keeping account information updated;
• Protecting access to your account;
• Keeping OTPs and authentication information confidential; and
• Not allowing unauthorized persons to use your account.

You must notify NIWASA promptly if you suspect unauthorized account access.

6. OTP Authentication

NIWASA may use one-time passwords ("OTPs") to verify mobile numbers and authenticate users.

You must not:

• Share OTPs with other persons;
• Attempt to bypass authentication;
• Intercept another user's authentication information; or
• Use another person's account without authorisation.

7. Identity and Business Verification

NIWASA may provide verification services for certain users.

For example, NIWASA may request:

• NIC information;
• Identity documents;
• Business Registration documents;
• Agency information; or
• Developer information.

Verification is intended to improve trust and marketplace integrity.

Verification does not constitute a guarantee that a user owns a property, has legal authority to sell or lease a property, or that every statement made by that user is accurate.

A verification badge or status must not be interpreted as:

• A title certificate;
• A government endorsement;
• A legal opinion;
• A property valuation;
• A guarantee of ownership;
• A guarantee of authority to transact; or
• A guarantee of property condition.

Users remain responsible for conducting appropriate due diligence.

8. Property Listings

Users who publish property listings must provide accurate, current and lawful information.

Listings may include:

• Property category;
• Property description;
• Location;
• Price;
• Photos;
• Videos;
• Property features;
• Availability;
• Contact information; and
• Other relevant information.

A listing must not:

• Contain materially false information;
• Misrepresent ownership;
• Misrepresent authority to sell or lease;
• Use misleading photographs;
• Advertise unavailable properties as available;
• Contain fraudulent information;
• Infringe another person's rights;
• Contain unlawful discriminatory restrictions;
• Promote unlawful activity;
• Contain malicious software or harmful material; or
• Violate applicable Sri Lankan law.

9. Property Categories

NIWASA may support categories including:

• Houses;
• Apartments;
• Lands;
• Commercial buildings;
• Offices;
• Warehouses;
• Agricultural lands; and
• Holiday properties.

NIWASA may add, remove or modify categories.

10. Listing Accuracy

Property owners, agents and developers are solely responsible for the accuracy of their listings.

They must promptly update or remove a listing when:

• The property is sold;
• The property is leased;
• The property becomes unavailable;
• The price changes;
• Material property information changes; or
• The listing is otherwise no longer accurate.

11. Ownership, Title and Legal Status

NIWASA does not independently guarantee:

• Ownership;
• Title;
• Encumbrances;
• Survey boundaries;
• Planning approval;
• Building approval;
• Zoning;
• Construction status;
• Permits;
• Rates/taxes;
• Utility availability;
• Environmental status;
• Valuation;
• Property condition;
• Availability;
• Rental rights;
• Sale rights; or
• Legal authority of the listing party.

Users must independently verify all relevant matters before entering into any property transaction.

12. Transactions Between Users

Any:

• Sale;
• Purchase;
• Lease;
• Rental;
• Deposit;
• Reservation;
• Viewing;
• Commission;
• Agency agreement;
• Contract; or
• Other arrangement

between users is entered into directly between the relevant parties unless NIWASA expressly states otherwise.

NIWASA is not automatically a party to such transaction.

Users are responsible for obtaining appropriate legal, financial, valuation and professional advice before entering into a transaction.

13. No Guarantee of Property Availability

A property displayed on NIWASA may become unavailable before a user contacts the listing provider.

NIWASA does not guarantee that any property will remain:

• Available;
• At the advertised price;
• At the advertised condition; or
• Available on the date viewed by the user.

14. Inquiries and Communications

NIWASA may allow users to submit inquiries or communicate with listing providers.

Users are responsible for communications they send.

Users must not use NIWASA to:

• Harass;
• Threaten;
• Defraud;
• Spam;
• Impersonate;
• Distribute unlawful material;
• Collect personal information unlawfully; or
• Circumvent NIWASA security controls.

15. Safety and Fraud Prevention

Users should exercise appropriate caution when dealing with property listings.

NIWASA recommends that users:

• Verify identity;
• Verify ownership;
• Visit properties where appropriate;
• Verify documents;
• Avoid transferring money without appropriate verification;
• Obtain professional/legal advice where necessary; and
• Report suspicious listings.

NIWASA may suspend or remove listings or accounts where it reasonably suspects fraud, abuse or other violations.

16. Reporting Listings

NIWASA may provide a "Report Listing" or similar function.

Reports may relate to:

• Fraud;
• Misleading information;
• Duplicate listings;
• Incorrect property information;
• Inappropriate content;
• Unauthorised listings;
• Harassment;
• Illegal activity; or
• Other violations.

NIWASA may investigate reports and take appropriate action.

17. Content Moderation

NIWASA may:

• Review listings;
• Remove content;
• Restrict visibility;
• Suspend listings;
• Suspend accounts;
• Request verification;
• Restrict features; or
• Terminate accounts.

NIWASA is not required to monitor every listing or communication.

18. User Content

You retain ownership of content that you lawfully own and upload to NIWASA.

By uploading content, you grant NIWASA a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, format, distribute and technically process that content as reasonably necessary to operate, promote and improve the Platform.

This licence continues only for as long as reasonably necessary for the purposes for which the content is used, subject to applicable law and our Privacy Policy.

You represent that you have the rights necessary to grant this licence.

19. Photographs and Media

You must have the necessary rights and permissions to upload photographs, videos, documents and other media.

You must not upload:

• Stolen images;
• Copyright-infringing material;
• Another person's confidential information;
• Identity documents belonging to another person without lawful authority; or
• Material that violates applicable law.

20. Prohibited Activities

You must not:

1. Create fraudulent accounts;
2. Impersonate another person;
3. Publish fraudulent property listings;
4. Misrepresent property ownership;
5. Upload malware;
6. Attempt unauthorised access;
7. Scrape the Platform without permission;
8. Reverse engineer the Platform except where permitted by law;
9. Circumvent technical restrictions;
10. Use automated systems abusively;
11. Harass users;
12. Send spam;
13. Manipulate reviews or rankings;
14. Manipulate listing visibility;
15. Upload unlawful content;
16. Violate intellectual-property rights;
17. Collect personal data unlawfully; or
18. Use NIWASA for any unlawful purpose.

21. Search, Maps and Recommendations

NIWASA may provide:

• Map search;
• Location-based discovery;
• Search ranking;
• Similar listings;
• Recommendations;
• Personalised results; and
• Other discovery tools.

These features are intended to assist users and do not constitute professional property, financial or legal advice.

Search results may change based on:

• Location;
• Availability;
• Listing information;
• Search criteria;
• User preferences;
• Platform algorithms;
• Commercial factors; and
• Other technical considerations.

22. Free Initial Launch Period

NIWASA intends to provide standard marketplace functionality free of charge for the first six months following the official MVP launch, subject to the features and conditions communicated by NIWASA.

The six-month period is measured from the official MVP launch date determined by NIWASA.

During this period:

• Standard user registration will not require a platform subscription fee;
• Standard property listing may be provided without a platform listing fee;
• NIWASA may introduce or test selected features subject to applicable disclosure; and
• Third-party charges, if any, may still apply where clearly disclosed.

The free period does not guarantee that every feature will remain free or that NIWASA will never introduce charges.

23. Introduction of Paid Services

After or during the initial free period, NIWASA may introduce paid services.

These may include:

• Premium listings;
• Featured listings;
• Listing boosts;
• Agent packages;
• Developer packages;
• Promotional placements;
• Subscription plans;
• Advertising services; and
• Other premium digital services.

Before charging a user, NIWASA will disclose the applicable price, service, billing period and material conditions.

Where required by law, applicable taxes and charges will be disclosed.

24. Prices and Payments

Where paid services are introduced:

• Prices will be displayed before purchase;
• Applicable billing arrangements will be disclosed;
• Users must provide accurate payment information;
• Payment providers may process payment information;
• Users are responsible for applicable taxes where legally required; and
• Payment records may be retained as required by law.

25. Subscriptions and Renewals

If NIWASA introduces subscription services, the applicable subscription terms will be presented before purchase.

Where automatic renewal applies, NIWASA will disclose:

• Renewal frequency;
• Renewal price;
• Cancellation mechanism; and
• Applicable refund terms.

Users are responsible for cancelling subscriptions in accordance with the applicable cancellation process.

Where subscriptions are purchased through Apple or Google billing, the relevant store's payment and subscription rules may apply.

26. Refunds

Refunds for paid NIWASA services are governed by the NIWASA Refund & Cancellation Policy, which forms part of these Terms.

No refund is generally applicable to a service that has not been charged.

Specific refund rights may arise under applicable law regardless of the terms of a commercial refund policy.

27. Intellectual Property

The NIWASA name, logo, branding, application, software, design, databases, interface and other NIWASA materials are owned by or licensed to NIWASA and protected by applicable intellectual-property laws.

You may not reproduce, modify, distribute or commercially exploit NIWASA materials without permission, except where permitted by law.

28. Third-Party Services

NIWASA may rely on third-party services including:

• Cloud hosting;
• Authentication;
• Maps;
• Analytics;
• Payment processing;
• Email;
• SMS/OTP;
• Push notifications; and
• Other technology services.

Third-party services may have separate terms and privacy policies.

29. Third-Party Links

NIWASA may contain links to third-party websites.

NIWASA does not control third-party websites and is not responsible for:

• Their content;
• Availability;
• Security;
• Privacy practices; or
• Transactions conducted through them.

30. Suspension and Termination

NIWASA may suspend, restrict or terminate an account where:

• These Terms are violated;
• Fraud is suspected;
• Security is compromised;
• The account is used unlawfully;
• False information is provided;
• A listing violates applicable requirements;
• The account presents a risk to other users; or
• Required by law.

Users may request deletion of their NIWASA account in accordance with the Privacy Policy and the account-deletion functionality made available by NIWASA. Account deletion is subject to the limited retention of information described in the Privacy Policy.

31. Consequences of Account Termination

Following termination:

• Access may be disabled;
• Listings may be removed;
• Content may become unavailable;
• Active services may be terminated; and
• Information may be retained following account deletion or termination in accordance with the NIWASA Privacy Policy. Unless a longer period is required or permitted by applicable law, information retained for fraud prevention, security, dispute resolution, complaint investigation, enforcement or legal-claim purposes will normally be retained for 12 months from the date of account deletion.

Termination does not remove obligations that are intended to survive termination.

32. Disclaimers

To the maximum extent permitted by applicable law, NIWASA does not guarantee:

• The accuracy of listings;
• Property ownership;
• Property title;
• Property availability;
• Property condition;
• Seller/landlord legitimacy;
• Buyer/tenant legitimacy;
• Transaction completion;
• Financial return;
• Property valuation;
• Suitability of a property;
• Search-result completeness;
• Continuous Platform availability; or
• Uninterrupted or error-free operation.

33. Limitation of Liability

To the maximum extent permitted by applicable law, NIWASA shall not be responsible for indirect, incidental, special, consequential or punitive losses arising from:

• User-to-user transactions;
• Property defects;
• Fraud by another user;
• Misrepresentation by another user;
• Loss of opportunity;
• Loss of profits;
• Loss of data;
• Unavailability of a property;
• Unavailability of the Platform; or
• Reliance on user-generated information.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable Sri Lankan law.

34. Indemnity

To the extent permitted by law, a user agrees to indemnify and hold NIWASA harmless from claims, losses, liabilities, costs and expenses arising from:

• Violation of these Terms;
• Fraudulent conduct;
• Unlawful listings;
• Infringement of third-party rights;
• Unauthorised use of content; or
• Unlawful conduct involving the Platform.

This provision does not limit any rights or remedies available under applicable law.

35. Consumer Protection

NIWASA intends to operate transparently and in accordance with applicable Sri Lankan consumer-protection requirements.

Sri Lanka's Consumer Affairs Authority Direction No. 91 specifically addresses e-commerce entities and platform operators, including transparency around offers, pricing and transaction-related information.

Nothing in these Terms is intended to remove or unlawfully restrict mandatory consumer rights.

36. Complaints

Complaints may be submitted to:

NIWASA Support

Email: support@medgesolutions.com

Address: 17/3B Sri Sangabo Road, Dehiwala Sri Lanka.

Please include:

• Your name;
• Account information;
• Listing/property reference where applicable;
• Details of the complaint; and
• Supporting evidence.

NIWASA will assess complaints and take reasonable action based on the circumstances.

37. Dispute Resolution

NIWASA encourages users to attempt to resolve disputes directly and amicably where appropriate.

Where a dispute involves NIWASA, the parties should first contact NIWASA through the designated support channel.

Nothing prevents a user from exercising mandatory statutory rights or remedies available under applicable Sri Lankan law.

38. Governing Law

These Terms shall be governed by the laws of the Democratic Socialist Republic of Sri Lanka, unless applicable mandatory law requires otherwise.

Subject to mandatory statutory rights, disputes shall be subject to the jurisdiction of the competent courts of Sri Lanka.

39. Changes to These Terms

NIWASA may update these Terms from time to time.

Material changes may be communicated through:

• The application;
• Website;
• Email;
• Notifications; or
• Other reasonable methods.

Continued use of NIWASA after the effective date of revised Terms may constitute acceptance where permitted by law.

40. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

41. Entire Agreement

These Terms, together with the Privacy Policy, Refund & Cancellation Policy and other policies expressly incorporated into them, constitute the applicable agreement between you and NIWASA concerning your use of the Platform.

42. Contact Information

Market Edge Solutions Pvt. Ltd trading as NIWASA

Registered Address: 17/3B Sri Sangabo Road, Sri lanka.

Email: support@medgesolutions.com

Privacy: privacy@medgesolutions.com

Website: https://www.medgesolutions.com