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The following terms and conditions (these “Terms”), govern your access to and use of the Platform, including any content, functionality and services offered on or through www.brickinfra.com and/or mobile application (the “Platform”), by Company, a private limited company with its registered office at Bangalore, India, incorporated under the provisions of the Companies Act, 2013, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
By using our Services you agree that you are over the age of eighteen (18) years who can form legally binding contracts under applicable law, and who properly create a valid account. By using our Services you agree that we reserve the right to suspend your account or stop providing our Services to at our discretion.
For the purpose of these Terms, wherever the context so requires "You", “Your”, or "User" shall mean any natural or legal person who has either registered on the Platform as a registered user or who visits the Platform as a guest. The term "We", "Us", "Our" shall mean Company.
You, Your or User shall mean any natural or legal person who has either registered on the Platform as a registered user or who visits the Platform as a guest.
We, Us or Our shall mean Brickinfra Structures Private Limited.
Services shall mean the services offered through the Platform.
RERDA shall mean and include the Real Estate (Regulation and Development) Act, 2016 (http://mohua.gov.in/cms/TheRealEstateAct2016.php) as amended read with any rules or regulations that might be framed thereunder.
Indian Code Digital Repository India Code: Home (https://www.indiacode.nic.in) as amended read with any rules or regulations that might be framed thereunder.
You understand and acknowledge that Company acts as an "Intermediary" as defined under clause (1) sub-clause (w) of Section 2 of the Information Technology Act, 2000. Company is a brand owned by Brickinfra Structures Private Limited which owns, retains and has complete rights in Company and the Platform.
Company acts as a platform to enable any user to register themselves on it (by filling the mandatory fields and optional fields, if any) to voluntarily search for profile(s) from the database of Company’s already registered users. The database of Company is classified broadly on the basis of region for the ease and convenience of its users. Users are provided with free/paid access for searching the database of Company.
Modification or Changes to the Platform or Terms
We are continually changing and improving the Platform. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or the entire Platform with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Platform, or any other aspect of the relationship between Company and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms pages of our Platform, send you a message or otherwise attempt to notify you. Amendments are effective no sooner than thirty (7) days after we post them on the Platform for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Platform.
Account Registration, Member Verification and Other Member Representations and Warranties
To access Our services, You will need to validly register for an account and to become a Member with verified phone and email. As indicated above, by doing so, You represent and warrant that you are over the age of eighteen (18) years and are capable of entering into legally binding agreements in the relevant jurisdiction(s).
To create an account, You must create a password-protected account (“Account”). You may register for an Account using Your email and creating a password. You agree to provide accurate, current and complete information during the Account registration process and at all other times when You use the Platform, and to continually update information sufficient to keep it accurate, current and complete. You and You alone are responsible for safeguarding your password and You are solely responsible for all activity that occurs on or through your Account and that You will immediately inform Company of any suspected unauthorized use. Company is not liable or otherwise responsible for any loss or damage that any party claims is caused in whole or part by unauthorized use of Your Account. Notwithstanding the foregoing, You may, however, be liable or responsible to Company or third parties due to unauthorized use of Your Account.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
Access to Platform
We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Rights and Obligations of Company
Company will attempt to continuously innovate in order to provide the best possible Services to its users. You acknowledge and agree that the form and nature of the Services provided by Company may change from time to time without any prior notice.
You acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to User at its sole discretion.
You acknowledge and agree that if Company disables access to your account or login route, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while Company may not currently limit your use of the Services in any way, it may do so if that use hinders with the ability of Company to carry on its operations or the ability of other customers to use the offering.
Company shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the Services or the discontinuation altogether thereof.
Rights and Obligations of Users
In order to access the Services, the User may be required to provide personal information, as part of the registration process, for his continued use. You agree that registration information provided shall be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or guidelines.
You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by Company unless you have been specifically allowed to do so in a separate agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means including but not limited to the use of scripts and web crawlers.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the offering).
You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach.
You agree that will not use another person’s Account, to misrepresent yourself, Your identity or qualifications or transactions.
You agree that will not violate any national, local, state, national or international law, or any rule, regulation, tariff or duty, including customs laws or regulations that may apply to You or to any Items.
You agree that will not in any manual or automated way copy, appropriate, use or disclose any copyrighted text, or other intellectual property, rights of publicity, privacy or contract rights or otherwise misuse or misappropriate Platform information or content including but not limited to, use on a mirrored, competitive, or third-party site.
You agree that will not take any action that (a) may unreasonably encumber the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Company or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates and fees, fee structure or billing claimed or owed as a result of interaction, relationships or transactions that may be facilitated on the Platform.
You agree that will not take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the Platform, including without limitation content that is hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
You agree that will not violate any Company policies that govern or relate to Your use of the Platform and interactions with You and third parties.
You agree that will not take any action that may undermine the efficacy or accuracy of reviews or ratings systems maintained by Company and which relates to Users.
You agree that will not register for more than one (1) Company Account or registering for a Company Account on behalf of an individual other than Yourself or transferring or purporting to transfer your Company Account to any other person.
You agree that will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform.
You acknowledge that you alone are responsible and liable for the content (mandatory or optional content you provided on our website) and information including the profile details, photograph, Pitches and other content(s) keyed in the relevant field of the App at the time of the creation of the Company profile or subsequently modified by you and also for all the post and communication (including personalized messages sent by Company paid Users) with other member(s). You hereby represent and warrant that you own all rights, title and interest in your content/information or have the necessary licenses, rights, consents, and permissions to provide the said content/information. However, by submitting the content/information to Company, you hereby grant Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, communicate to the public, law enforcement agencies, courts, and the Company's business and services, including without limitation for promoting, communicating to the public and redistributing part or all of the content/information (and derivative works thereof) in any media formats and through any media channels.
While Company does not accept any obligation to monitor the content/information in your profile, if the content/information is found not to be in compliance with these Terms, Company may delete the content/information and/or terminate or suspend your registration. You agree that if the situation warrants Company may at its sole discretion put restriction on any Company member to other member's communications.
The Company reserves the right to proceed/initiate appropriate steps under the prevailing law against infringement by violators of the its proprietary rights or for illegally copying, modifying, publishing, transmitting, distributing, performing, displaying, or selling of any such proprietary information including using it for commercial purpose in any manner whatsoever.
Third Party Websites
Platform may contain links to other websites. Company may also utilize third party services, advertisements, offers and payment systems. Company is not responsible for these third party products, services or their contents. The inclusion of such a link does not imply endorsement of the services or its contents or any association with its operators. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods, or services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON "AS IS" BASIS.
IN PARTICULAR, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR: (A) ANY ACT OR OMISSION DONE BY COMPANY/PAYMENT GATEWAY/ALLIANCE PARTNER ETC; (B) ANY UNTRUE OR INCORRECT INFORMATION SUBMITTED BY YOU OR ON YOUR BEHALF; (C) ANY DECISION TAKEN BY YOU OR ON YOUR BEHALF OR ANY CONSEQUENCES THEREOF, BASED ON ANY INFORMATION PROVIDED BY ANY OTHER USER; (D) ANY UNAUTHORIZED OR ILLEGAL ACT DONE BY ANY THIRD PARTY RELATING TO OR CONNECTED WITH ANY INFORMATION SUBMITTED BY YOU OR ON YOUR BEHALF; (E) ANY INCIDENT OF FORCE-MAJEURE OR 'ACT OF GOD'; (F) ANY ISSUES RELATING TO ANY TECHNICAL MALFUNCTION OF ANY TELECOMMUNICATION NETWORK, SOFTWARE, HARDWARE FAILURES, NETWORK CONGESTION, DENIAL OF SERVICE, FAILURE DUE TO SPAMMING OR ANY COMBINATION OF THE ABOVE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR EMPLOYEES BE LIABLE TO THE USERS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF THE PLATFORM/THIRD PARTY WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY, FOR ANY SPECIFIC COMPANY PAID PACKAGE, AND NO FURTHER.
By using our services you agree to defend, indemnify, and hold us harmless, our subsidiaries, affiliates, directors, officers, agents, and other partners and employees, fully indemnified and harmless from any loss, damage, liability, claim, or demand, including reasonable attorney's fees, made by any person through improper use of the service provided by us. This defense and indemnification obligation will survive in perpetuity.
Governing Law and Dispute Resolution
The validity, interpretation, construction and performance shall be governed by and construed in accordance with the laws of India, without regard to conflict of laws rules. Venue shall be in a court of competent jurisdiction in Bangalore, India, and Users expressly consent to jurisdiction in such courts.
Disputes between Users. Users are solely responsible for the communications (through any medium) with prospect or vice versa. Company has no obligation, to monitor any such disputes arising between the Users, and Company shall not be party to any such dispute, litigation, etc. Company is not a broker or the agent of any Member, and Company does not partake in the exchange of any kind of discussion between the Users and prospects or the results of their discussion.
Arbitration. The Users shall discuss among themselves and resolve any disputes informally. We are interested in attempting to resolve any disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. If the dispute is not resolved within 30 (thirty) days from the date of such dispute, then such dispute may only be resolved through an individual arbitration conducted in accordance with the provisions of The Arbitration and Conciliation Act, 1996, by a Sole Arbitrator. The seat of Arbitration shall be Bangalore, India. We shall appoint the Sole Arbitrator. The arbitration proceedings shall be conducted in the English language
If any provision of these Terms is held invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions shall not be affected thereby.