Terms of Use | Brikkin

Terms of Use

PLEASE READ THE BELOW TERMS OF USE CAREFULLY. IF YOU DISAGREE WITH THE TERMS OF USE OR WITH ANY SUBSEQUENT AMENDMENTS OR MODIFICATIONS TO THE TERMS OF USE, THEN YOU ARE DIRECTED TO NOT USE ANY OF THE SERVICES OR ACCESS THE PLATFORM.

Brikkin Private Limited (referred to as “we”, “us”, “Brikkin” or “Company”) incorporated under the laws of India, having its registered office at 203, 2nd Floor, Ackruit Star, MIDC Central Road, Andheri East, Mumbai - 400093, Maharashtra, India is the owner, author, and publisher of the internet resource https://brikkin.com and its subdomains (together referred to as “Website”) on the world wide web as well as other connected software and applications provided by Brikkin, including but not limited to the mobile applications (referred to as “App”, and together with Website referred to as “Platform”).

These Terms of Use (“Terms”) govern the use of the Platform and all the Services (defined below) offered by the Company through the Platform. These Terms also include the Company’s privacy policy, available at https://brikkin.com/privacy-policy/ (“Policy”), and any guidelines, additional terms, policies, or disclaimers made available or issued by the Company from time to time. The User expressly and unconditionally agrees to be bound by the same.

These Terms constitute a binding and enforceable contract between the (i) Company and its affiliates worldwide; and (ii) you, an end-user of the Services (“User” or “you”). You represent and warrant that you have full legal capacity and authority under applicable laws to agree and bind yourself to these Terms. If you are using the Services on behalf of another party (for example: a company or an organisation), you represent and warrant that you have the authority to enter into these Terms on behalf of such party and bind such party to these Terms.

These Terms may be updated by us from time to time with notice to you and the Terms, as amended, shall apply to you. You can always review the most current version of the Terms on the Platform. By creating an account on the Platform or by using any of the Services (defined below) provided on the Platform, you acknowledge and confirm that you have read, understood, and completely agree to the Terms in effect from time to time. Your use of the Services after any changes to the Terms shall be deemed to constitute your acceptance of the changes to the Terms.

1. GENERAL TERMS

The following terms shall mean:

  1. “Content” includes all materials on the Platform, including, but not limited to, audio, images, software, text, and icons;
  2. “Services” shall mean the services of listing of real estate properties, lead generation, maintaining a record of leads generated, services provided for facilitating the purchase and sale of properties, brokerage collection services, etc., and such other services provided through the Platform from time to time.
  3. “Submissions” shall mean to include any questions, comments, suggestions, ideas, reviews, feedback, or any other information posted on the Platform or otherwise about the Services;

2. ACCESS AND USE OF THE PLATFORM

  1. The Platform is intended to facilitate the purchase, sale, rental, lease, etc. of real estate properties (commercial and non-commercial) with the intent of faster occupation of properties for real estate developers and speedy and easy collection of brokerages for real estate brokers.
  2. We provide Users with access to a wide range of Services for the purpose stated in sub-clause (a) above. The User is aware that any Content provided on the Platform is provided for information purposes only and shall not be construed as a commercial offer from the Company nor does this create any professional relationship including an offer to buy or sell, or as a solicitation of an offer to buy or sell with the Company.
  3. To use certain features of the Platform or Services, you will have to create and operate an account on the Platform (“User Account”). The Company might require you to share information, including information pertaining to your identity and your contact details, in the process of the creation of the User Account. You warrant that all information provided in this regard is true, complete, and accurate. You further warrant that you shall promptly bring to the Company’s notice any changes to the information you provide hereunder. Please note that all personal information shared with the Company shall be processed in accordance with its Policy. Certain aspects of our Services may also require the User to register with (and agree to the terms of) third-party service providers in order to utilize such Services. While we may help facilitate such registration in some cases, we are not a party to any such relationships and disclaim any responsibility or liability for the performance by such third parties. We may exchange information with such third-party services in order to facilitate the provision of Services (and related third-party services).
  4. You may have the option of creating sub-accounts under your User Account on the Platform. For the avoidance of doubt, a User Account shall include all sub-accounts created under it. Further, you may have the option of designating one or more “Administrators” who shall be responsible for the operation of the User Account. Administrators may also have the right to create or suspend sub-accounts under the User Account and grant authorized parties the right to use the Platform in accordance with these Terms.
  5. The Company is not liable for any unauthorized access to the User Account, including but not limited to hacking and security breaches.
  6. You are responsible and liable for all activities that take place on or through the User Account. You should ensure the confidentiality of details of the User Account, including usernames and passwords. The Company reserves, at its sole discretion, the right to suspend a User Account if it is of the opinion that (i) your User Account is being accessed by an unauthorized party, or (ii) you have provided incorrect or untrue information in the process of creating your User Account.
  7. Your use of the Platform may be subject to the payment of certain fees, as prescribed by the Company from time to time.

3. MOBILE SERVICES

The User is aware that while the primary mode of communication between the Parties shall be through the Platform, notwithstanding anything contained herein, the User may be contacted by the Company or any of its affiliates by any alternative means of communication, including without limitation the User’s mobile phone and email address, as set out in the Policy. The User agrees and acknowledges that to the extent he/she accesses the Services through a mobile device:

  1. The User’s wireless service carrier’s standard charges, data rates, and other fees may be applicable. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by the User’s carrier; and not all mobile services may work with all carriers or devices.
  2. The Company may communicate with the User regarding the Services by SMS (Short Message Services), MMS (Multimedia Messaging Services), or other electronic means, and certain information about the User’s usage of the Mobile Services may be communicated to us.

In the event the User changes or deactivates his or her telephone number, the User agrees to promptly update the account information on the Platform.

4. ACCURACY OF INFORMATION AND FORWARD-LOOKING STATEMENTS

Although the Content and material on the Platform are based on reliable sources, the Company does not make any express or implied representation, warranty, or guarantee as to the accuracy, correctness, validity, reliability, or completeness of any such Content and material.

Some of the statements contained on the Platform may be “forward-looking statements” which show, among other things, business strategies, plans for growth, and future operations. The User understands that all forward-looking statements involve risk and uncertainties because they relate to events that may or may not occur in the future. The User understands that the Company will not be responsible for any loss incurred by the User by placing reliance on these forward-looking statements and no assurance can be given that any predictions of future performance will prove to be correct.

5. YOUR RESPONSIBILITIES

  1. The Company may permit you to post or upload content on the Platform (“Your Content”). You represent and warrant that all Your Content (i) is accurate, (ii) does not breach these Terms, applicable laws, or third-party rights (including intellectual property rights), and (iii) will not cause injury to any party.
  2. You shall refrain from linking the Platform on any other platform in a manner which (i) portrays or suggests the Company’s endorsement, association, approval with any person, product, services, etc., (ii) is illegal, or (iii) may cause, either intentional or unintentionally, damage or harm to the Company’s reputation or goodwill. Further, you must refrain from linking the Platform on any other platform that is not owned by you without the Company’s prior written consent, or linking any other part of the Platform except the homepage without the Company’s prior written consent.
  3. You shall use the Services only in a manner permissible in accordance with applicable laws and these Terms. Without limiting the generality of the preceding sentence, you must not:
    1. infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
    2. except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, create any derivative works, rent, or license the Platform or any portion thereof;
    3. use the Platform to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
    4. use any robot, spider, scrapers, crawlers, avatars, data mining tools or the like, other automated devices or processes, or manual process to monitor or copy the Platform or any portion thereof other than copying or exporting as may be expressly permitted by the Company;
    5. make any backup or archival copies of the Platform or any part thereof;
    6. engage in the systematic retrieval of content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without the Company’s prior written permission;
    7. use the Platform in (A) any unlawful manner, (B) for fraudulent or malicious activities, or (C) in any manner inconsistent with these Terms;
    8. implement any measures to circumvent such blocking of IP address (e.g., by masking his or her IP address or using a proxy IP address);
    9. downloading or copying any kind of information for the benefit of another individual, vendor, or any other third party;
    10. caching unauthorized hypertext links to the Platform;
    11. uploading, posting, or transmitting any Content available through the Platform that he/she does not have a right to make available (such as the intellectual property of another party);
    12. uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    13. undertaking any action that imposes or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on its infrastructure;
    14. use of data mining, robots, or similar data gathering and extraction tools;
    15. bypassing any measures used by the Company to prevent or restrict access to the Platform;
    16. using the Platform or its Contents for any commercial purpose that is not otherwise intended by the Company;
    17. making any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
    18. accessing, monitoring, or copying any Content or information on the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without the express written permission of the Company;
    19. violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;
    20. deep-linking to any portion of the Platform (including, without limitation, the purchase path for any service) for any purpose without the express written permission of the Company;
    21. "framing", "mirroring" or otherwise incorporating any part of the Platform into any other website without Our prior written authorization; or
    22. violate applicable laws in any manner.

6. INTELLECTUAL PROPERTY

  1. Subject to the other provisions of these Terms, the Company grants the User a limited license to access and use the Platform in accordance with these Terms and the Company’s written instructions that may be issued from time to time.
  2. Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to the Company’s or any third party’s intellectual rights. The Company, its affiliates, and their licensors expressly reserve all rights arising out of the Services. You may not copy, reproduce, duplicate, sell, distribute, or otherwise exploit the Platform, or any portion thereof, without the Company’s prior written consent.
  3. The User agrees that Your Content, including but not limited to suggestions, feedback, and reviews, will be considered non-confidential and non-proprietary. While you retain all of your ownership rights in Your Content, you hereby grant the Company a worldwide and irrevocable license to use, store and copy Your Content and to distribute and make it available to third parties without any payment of royalty, acknowledgment, prior consent, or any other form of restriction arising out of your ownership rights.

7. THIRD-PARTY SERVICES

  1. The Services may include or otherwise contain links to products, services, or content offered by third parties (“Third Party Services”).
  2. The Company has no control over such sites, services, and resources and the Company is not responsible for and does not endorse such sites, services, and resources. You understand that Third Party Services are the responsibility of the third party that provides it and acknowledges that the use of such Third Party Services is solely at your own risk. The User further acknowledges and agrees that the Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Content, events, goods, or services available on or through any such site, service or resource. Any dealings that the User has with third parties while using the Services are between the User and the third party. The Company does not endorse or sponsor the third-party services

8. DISCLAIMERS AND WARRANTIES

  1. You agree that your use of the Services is at your sole risk. You hereby accept full responsibility for any consequences that may arise from your use of the Services, and expressly agree and acknowledge that the Company shall have absolutely no liability with respect to the same.
  2. To the extent permitted by applicable law, the platforms are provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of a course of performance, course of dealing, or usage of trade.
  3. To the fullest extent permissible by law, the Company, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of or due to your use of, inability to use, or availability or unavailability of the Platform or the occurrence or existence of any defect, interruption, deletion of files, delays in the operation or transmission of information to, from, or through the Platform, communications failure, theft, destruction or unauthorized access to the Company’s records, programs, services, server, or other infrastructure relating to the Platform and Services.
  4. Although the Company makes reasonable efforts to update the information on the Platform, it makes no representations, warranties, or guarantees, whether express or implied, that the content on the Platform is accurate, complete, or up to date.
  5. This Platform may include information and materials uploaded by other users of the Platform. This information and these materials have not been verified or approved by the Company, and any views expressed by other users of the Platform do not represent the Company’s views or values.
  6. You are responsible for configuring your information technology, computer programs, and platform to access the Platform. You should use your own virus protection software.
  7. The Company does not warrant that operation of the Platform will be uninterrupted or error-free or that the functions contained in the Platform will meet your requirements. To the fullest extent permissible by law, the Company, its affiliates, and its related parties each disclaim all liability to you for any loss or damage arising out of the Platform being infected with any malicious code or viruses, or the failure of the Platform to remain operational for any period of time. The Company will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, the Platform, or use of or reliance on any content displayed on the Platform.
  8. The Company will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.

9. ACCOUNT SECURITY

The access and use of the Platform are personal to you and your organization (if any.) Except as specifically permitted by these Terms, the User is restricted from reselling, assigning, distributing, transferring, or otherwise provide the access to your User Account, your Login ID, and/or Password to any third party. The User is solely responsible for safeguarding and maintaining the confidentiality of their Login ID and Password. The User is also solely responsible for any activity from its User Account, whether or not such activity is authorized or not. The User should immediately notify the Company of any unauthorized use of the User Account.

10. MODIFICATIONS TO SERVICES

The Company reserves the right at any time to add, modify or discontinue, temporarily or permanently, the Platform or the App or both (or any part thereof) with or without notice or with or without cause. The User agrees and acknowledges that the Company shall not be liable to the User or to any third party for any such addition, modification, suspension, or discontinuation of any of the Services. To protect the integrity of the Services, the Company reserves the right to block users from certain IP addresses from accessing the Services, at any time.

11. PROPRIETARY RIGHTS

  1. The Company is the sole owner of all the rights to the Platform and its Contents. The Company, together with its logo, trademark, and graphics (including symbols and artworks) and the trading address of this Platform are all trade names, trademarks, or service marks of the Company and may not be used without its permission. The Platform and Services contain the copyrighted material, trademarks, and other proprietary information belonging to the Company and/or other third parties, and you agree not to reproduce separately the Company’s proprietary rights or third-party property from the textual content associated with them, without first obtaining the prior written consent of the Company or such third party as the case may be. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any Content, including copyright, trademark, and other intellectual property notices.
  2. By uploading any of Your Content, you hereby grant the Company and its affiliates a non-exclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form. Without limiting the foregoing, if Your Content contains the name, image, or likeness of any third party, the User agrees to release and hold the Company and its affiliates, and employees harmless from:
    1. all claims for invasion of privacy, publicity or libel,
    2. any liability for claims made by third parties (or any successor to any claim the User might bring) in connection with the Your Content.
  3. You agree and acknowledge that your participation in the Services and provision of Your Content is voluntary and that he/she will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or exploitation thereof), and that the sole consideration for the subject matter of this Terms is the opportunity to use the Services.
  4. You acknowledge and agree that the provision of Your Content and Submissions to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  5. The User acknowledges and agrees that the Company may preserve Your Content and may also disclose the Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect Our rights, property, or personal safety, other users or the public.

12. INDEMNITY AND RELEASE

The User agrees to release, indemnify and hold the Company and its affiliates and its officers, employees, directors, and agents harmless from any and all losses, damages, and expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to (i) the User’s use of the Services and/or Platform, (ii) a breach of any provision of these Terms by the User or any person using the Services on behalf of the User, (iii) any information the User provides to the Company, or (iv) any third-party claim to the extent arising from or connected with an allegation that your use of the Services infringes any rights of a third party.

13. LIMITATION OF LIABILITY

In no event shall the Company be liable to compensate the User or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Platform and/or the Services. We reserve the right to assume exclusive control of its defense, and of any matter otherwise subject to indemnification by the User, in which event the User will fully cooperate with the Company in connection therewith, and hereby expressly agrees to bear the cost thereof. Under no circumstances will the aggregate liability of the Company exceed INR 10,000.

14. SUSPENSION

  1. The User agrees that the Company may, in its sole discretion, suspend the User Account (or any part thereof) or its use of the Services or remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if the Company believes that the User has violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity that may be grounds for suspension of the User’s use of Services, may be referred to appropriate law enforcement authorities. The Company may also, in its sole discretion, and at any time discontinue providing the Services, or any part thereof, with or without notice. The User agrees that any termination suspension of his/her access to the Platform or the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete the User’s account and all related information and files in his or her account and/or bar any further access to such files or the Services. Further, the User agrees that the Company will not be liable to the User or any third party for termination of the User’s access to the Services. The rights of the Company provided in this Clause are in addition to other remedies that may be available to the Company under applicable law or in equity.
  2. Upon the suspension of the User Account, all outstanding dues shall become payable by you, and the Company may, at its sole discretion and without any prior notice, cancel any payments due to the User. In the event of such suspension, the Company further reserves the right to use reasonable measures to ensure the prevention of unauthorized access to your User Account or the Platform.
  3. The User is further aware and expressly agrees that even after the User’s Account is suspended for any reason, the Terms shall survive such termination, and shall continue to operate in full force and effect, except for any terms that by their nature expire or are fully satisfied.

15. NO WAIVER AND SEVERABILITY

The User agrees that no action of the Company, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. The Company’s failure to failure to exercise or enforce its rights hereunder or any provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).

16. ASSIGNMENT

The User shall not distribute, license, sell, transfer, or assign your rights or obligations hereunder to others in any manner without the Company’s prior written consent. The Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

17. THIRD-PARTY RIGHTS

No third party shall have any rights to enforce any terms contained herein.

18. FORCE MAJEURE

The Company shall have no liability to the User if it is prevented from or delayed in performing its obligations or from carrying on its business, by acts, events, omissions, or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the Company’s workforce or any other party), failure of a utility service or telecommunications network, the act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or sub-contractors.

19. FOREIGN JURISDICTIONS

The Company makes no representation that the Content contained on the Platform is appropriate or to be used or accessed outside India. If you do use or access outside India, then you agree and accept that such use or access is at your own risk and are responsible for compliance with the laws of such jurisdiction.

20. GOVERNING LAW AND DISPUTE RESOLUTION

The User agrees that the laws of India shall govern these Terms and the courts of Mumbai shall have the exclusive jurisdiction.

21. RELATIONSHIP

The User and the Company shall operate on a principal-to-principal basis and no relationship in the nature of the partnership, employment, joint venture, agents, or of the like nature is intended or purported.

22. COMMUNICATION

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by contacting us via email: legal@brikkin.com

Created: 1st May, 2022
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