1. GENERAL

a) This document is an electronic record in accordance with the Information Technology Act, 2000, and the applicable rules thereunder, including any amendments pertaining to electronic records in various statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

b) This document is published in compliance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which mandates the publication of rules and regulations, privacy policy, and Terms of Use for access or usage of www.brickbybrickpvt-ltd.com.

c) The domain name www.brickbybrickpvt-ltd.com (“Website”) is owned and operated by Brick by Brick. Brick by Brick comprises Brick by Brick Pvt. Ltd., having its corporate office at #Sf8, 2nd Floor, City Point building, Infantry Road Bangalore- 56001, and its subsidiaries, group companies, and affiliates. This expression shall include its respective representatives, administrators, employees, directors, officers, agents, and their successors and assigns.

d) For the purposes of these Terms of Use (“Terms”), wherever the context so requires:

i) The terms ‘You’ & ‘User’ shall refer to any legal person or entity accessing or using the services provided on this Website, who is competent to enter into binding contracts under the Indian Contract Act, 1872.

ii) The terms ‘We’, ‘Us’ & ‘Our’ shall refer to the Website and/or Brick by Brick, as the context so requires.

iii) The terms ‘Party’ & ‘Parties’ shall refer to the User and Brick by Brick individually and collectively, as the context so requires.

iv) The domain name www.brickbybrickpvt-ltd.com is also applicable to our mobile application, and these Terms & Conditions shall apply mutatis mutandis to the mobile application. The meaning of “Website” includes the mobile application.

e) The headings of each section in these Terms are for organizational purposes only and shall not be used by either Party to interpret the provisions contained herein. It is specifically agreed by the Parties that the headings shall have no legal or contractual value.

f) The User’s use of the Website is solely governed by these Terms and the Privacy Policy (“Policy,” available on the Website), along with any modifications or amendments made by Brick by Brick at its sole discretion. Visiting the home page of the Website and/or using any services provided on the Website signifies the User’s acceptance of these Terms and the Policy, and the User expressly agrees to be bound by them. The User acknowledges that the Terms and Policy are co-terminus, and the expiry or termination of either will lead to the termination of the other, except as provided in Section 3 below.

g) The User agrees that these Terms and the Policy constitute a legally binding agreement between the User and Brick by Brick, and the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any services provided by the Website, which shall be deemed incorporated into these Terms.

h) Brick by Brick reserves the exclusive right to amend or modify these Terms without prior permission or notification to the User. Any amendments or modifications shall take effect immediately. The User is responsible for periodically reviewing these Terms and staying updated on its requirements. Continued use of the Website after any changes constitutes consent to all amendments or modifications made to the Terms. Provided the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.

i) These Terms and Conditions apply to users (whether guest users or registered users) who subscribe to our Services from the Website currently located at www.brickbybrickpvt-ltd.com and/or the mobile application.

THE SERVICES:

Brick by Brick is a professional real estate consultancy offering comprehensive services for real estate investments. The following services are provided:

2. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and possesses the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any applicable law, rule, or regulation currently in force.

3. TERM

These Terms shall continue to form a valid and binding contract between the Parties and shall remain in full force and effect until:

a) The User continues to access and use the Website; or

b) The Transaction between the Parties, if any, concludes to the satisfaction of both Parties.

Whichever occurs later. Certain portions of these Terms (“Sections”), such as Sections 12, 13, 14, 15, 16 & 17, shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms.

4. TERMINATION

Brick by Brick reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website or any portion thereof at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed that the User shall not have the right to terminate these Terms until the expiry as described in Clause 3 above.

5. ONLINE SERVICE PLATFORM

The Website serves as an online service platform that provides advice and recommendations regarding real estate properties worldwide.

6. COMMUNICATION

By using this Website and providing contact information to Brick by Brick through the Website, the User agrees to receive calls, autodialed and/or pre-recorded message calls, emails, and SMSs from Brick by Brick and/or its affiliates or partners at any time, subject to the Policy. If the User wishes to stop receiving any such marketing or promotional communications, he/she may email contact@brickbybrickpvt-ltd.com with the subject “Query regarding Brick by Brick website use.” The User acknowledges that it may take up to seven (7) business days for Brick by Brick to process such a request.

The User agrees that, notwithstanding anything contained herein, he/she may be contacted by Brick by Brick or its affiliates/partners concerning any service availed by the User on the Website. Any information shared by the User with Brick by Brick shall be governed by the Policy.

7. CHARGES

Accessing and browsing the Website is free of cost for the User. The User is only required to pay for the services availed through the Website and/or mobile application. However, Brick by Brick reserves the right to amend this no-fee policy and charge the User for any or all services offered. In such an event, the User will be notified upon attempting to access the Website, and the User shall have the option to decline to avail of the services offered. Any changes made will take effect immediately upon notification to the User, unless otherwise specified.

8. MODE OF PAYMENT

The following payment options are available on the Website:

a) Domestic and international credit cards issued by banks and financial institutions within the Visa, MasterCard, and Amex networks.

b) Visa and MasterCard debit cards.

c) Net banking/Direct Debit payments from select banks in India. A list of available options will be presented during the checkout process.

To complete an online transaction, Users must provide their 16-digit card number, card expiry date, and 3-digit CVV number (found on the reverse of the card). Users must also enroll their cards with Verified by Visa (VBV) or MasterCard Secure Code (MSC) to finalize the transaction. Users are advised that their card statements will reflect payments made in favor of the Company. Transactions will be facilitated through third-party payment gateways. By placing an order on the Website, Users agree to the terms and conditions and payment policy outlined in the relevant sections of the Website or any affiliated platforms. After requesting a service, Users will be prompted to provide contact and payment information. Once payment is successfully processed, the order will be executed.

9. SECURITY

Transactions on the Website are secure. Information entered by Users during transactions is encrypted to prevent unintentional disclosure to third parties. Users’ credit and debit card information is not stored or retained by the Company. This information is directly supplied to authorized payment gateways compliant with banking regulations.

10. USER OBLIGATIONS

Users agree to the following:

a) Users are restricted from cutting, copying, distributing, modifying, recreating, reverse engineering, or creating derivative works from the Website’s information or software without prior written consent from the Company. Unlimited reproduction or copying of content for commercial or non-commercial purposes is expressly prohibited.

b) Users agree not to access the Website by any means other than through the provided interface. The use of automated tools or manual processes to acquire or monitor any portion of the Website is prohibited and may result in suspension or termination of access.

c) Users may be exposed to content they may find offensive or objectionable. The Company disclaims all liability for such content. Users can report objectionable content, which may be removed at the Company’s discretion.

d) Users agree not to:

i. Abuse, harass, threaten, defame, or violate the legal rights of any person or entity.

ii. Engage in activities that disrupt access to the Website or its services.

iii. Impersonate any person or misrepresent their affiliation with any entity.

iv. Publish or disseminate harmful, harassing, defamatory, or otherwise unlawful information.

v. Post images or data that infringe on others’ copyrights, patents, or trademarks.

vi. Upload files containing viruses or harmful software.

vii. Download files that cannot be legally distributed.

viii. Probe or test the Website’s security or vulnerability.

ix. Disrupt the Website’s security or harm its resources or networks.

x. Collect or store data about other users.

xi. Use the Website for any unlawful or prohibited purposes.

xii. Violate any applicable codes of conduct or guidelines.

xiii. Maintain only one account for services on the Website unless otherwise permitted.

xiv. Comply with all applicable laws and regulations.

xv. Be responsible for all activities occurring under their account.

xvi. Submit accurate and truthful registration information and keep it updated.

xvii. Maintain the confidentiality of their account credentials and notify the Company of any unauthorized use.

xviii. Acknowledge responsibility for transactions occurring under their account.

xix. Not engage in decompiling or reverse engineering the Website’s content.

xx. Avoid using the Website in ways that may harm its operation or other users.

xxi. Not transmit harmful files or impair the Website’s operation.

xxii. Not delete or modify any Website content.

xxiii. Consent to receive updates necessary for the Company’s services.

xxiv. Acknowledge that not all products and services may be available in all geographic areas.

xxv. Request the Company to block their account if their device is lost or stolen.

xxvi. Use the Website features only for intended purposes and refrain from fraudulent activities.

xxvii. Specifically refrain from using the Website for prohibited transactions, including but not limited to:

a. Services that may harm the reputation of the payment gateway or lead to financial liabilities.

b. Government IDs or documents that are fake or fraudulent.

c. Any product or service that violates applicable laws and regulations.

xxviii. Comply with all laws and regulations currently in force.

xxix. Adhere to these Terms and any policies outlined on the Website.

xxx. Not threaten the unity, integrity, defense, security, or sovereignty of India or violate public order.

11. Violation of User Obligations

a) If Brick by Brick believes that a user has violated any conditions outlined in these Terms of Use, user obligations, or the Privacy Policy regarding specific services, or any agreements consented to through the website, Brick by Brick reserves the right to suspend user access and/or delete the user account without prior notice. However, users may contact our support team to seek assistance in restoring access.

b) If Brick by Brick suspects unusual or suspicious activity related to a user’s account, the company may take the following actions:

12. Suspension of User Access and Activity

Without limiting other legal remedies available, Brick by Brick may, at its sole discretion, limit a user’s access and/or activity by removing access credentials either temporarily or permanently, suspending or terminating the user’s membership, and/or refusing access to the website without prior notice or cause:

a) If the user breaches any of these Terms or the Policy;

b) If the user provides inaccurate, incomplete, or incorrect information;

c) If the user’s actions pose potential harm, damage, or loss to other users or to the Brick by Brick website or company.

13. Indemnity and Limitations

a) The user expressly agrees to defend, indemnify, and hold harmless Brick by Brick, its employees, directors, officers, agents, and their successors against any claims, liabilities, damages, losses, costs, and expenses, including attorney’s fees, arising from the user’s actions or inactions, including any warranties, representations, or undertakings, or any infringement of applicable laws.

b) Under no circumstances will Brick by Brick be liable for special, incidental, indirect, consequential, or punitive damages, including loss of use, data, or profits, whether foreseeable or not, regardless of whether the company had been advised of the possibility of such damages.

c) The limitations and exclusions in this section apply to the maximum extent permitted by applicable law and shall survive the termination or expiration of these Terms and/or Policy.

14. Intellectual Property Rights

a) Unless expressly agreed to in writing, nothing herein grants the user rights to use any of Brick by Brick’s trade names, trademarks, service marks, logos, or other distinctive brand features. All such intellectual property is owned by Brick by Brick.

b) The user may not use any intellectual property displayed on the website in a manner that may confuse existing or prospective users or disparage Brick by Brick.

c) The user acknowledges that the products displayed on the website are the creations of their respective owners, and all intellectual property rights related to those products remain with their respective owners.

d) The user understands that any reproduction or infringement of the intellectual property by the user may result in legal action initiated by the respective owners.

15. Disclaimer of Warranties and Liabilities

a) Except as explicitly stated, all products/services on the website are provided “as is” without any warranties.

b) Brick by Brick makes no representations, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

c) The user acknowledges that they are accessing the website and transacting at their own risk, exercising prudent judgment before purchasing any products or services listed.

d) Brick by Brick accepts no liability for any errors or omissions, whether caused by itself or third parties, or for any damages caused to the user or third parties resulting from use or misuse of any products or services.

e) The company does not guarantee uninterrupted or error-free functions or services on the website and accepts associated risks involved in using the website.

16. Submissions

Any comments, ideas, suggestions, or other content provided by the user to Brick by Brick will grant the company a royalty-free, perpetual, irrevocable, nonexclusive right to adopt, publish, reproduce, and use such content without additional approval or consideration.

The user represents that they own or control all rights to the submitted content, and that the use of such content does not infringe on the rights of any third party. The user agrees to indemnify and hold Brick by Brick harmless from any claims related to the use of such content.

17. Dispute Resolution and Jurisdiction

The parties agree that any disputes arising from these Terms will be resolved through a two-step Alternative Dispute Resolution (ADR) mechanism:

a) Mediation: Parties will attempt to resolve disputes amicably within 30 days of communication of the dispute.

b) Arbitration: If mediation fails, the dispute will be referred to a sole arbitrator appointed by Brick by Brick, with the award being binding. The arbitration will be conducted in English, with Delhi, India as the seat of arbitration.

These Terms and the relationships between the parties are governed by Indian law, with exclusive jurisdiction in the courts of Delhi.

18. Notices

Any communication regarding disputes or grievances should be sent in writing to the registered office of Brick by Brick via Registered Post Acknowledgement Due (RPAD) or Speed Post Acknowledgement Due (SPAD).

19. Miscellaneous Provisions

a) Entire Agreement: These Terms, along with the Privacy Policy, form the complete contract between the user and Brick by Brick, superseding all prior agreements.

b) Waiver: The failure to enforce any provision does not waive the right to enforce it in the future.

c) Severability: If any provision is found to be invalid, the remaining provisions will continue to be valid and enforceable.

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