Terms of Service

Last Updated 09 Aug, 2024

1. Introduction

These Terms of Service ("Terms") govern your use of Bricko, a cloud-based platform that includes a construction material marketplace, a home buyers portal, a construction ERP and CRM for real estate developers, and an ERP and warehouse management system for vendors on the marketplace. By accessing or using Bricko, you agree to be bound by these Terms.

2. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, and any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Nagpur bench of the Bombay High Court.

3. Construction Material Marketplace

  • Listing of Products:
    Vendors on the Bricko marketplace have the opportunity to showcase their construction materials to potential buyers through detailed product listings. These listings provide buyers with valuable information that helps them make informed decisions about their purchases. In addition to detailed descriptions and specifications, vendors can include high-quality images, videos, and other multimedia content to bring their products to life and give buyers a better understanding of their features and benefits.
  • Accuracy of Listings:
    Vendors on Bricko marketplace bear the responsibility of ensuring the accuracy, completeness, and authenticity of their product listings. This involves providing transparent and truthful information about the products they are selling. It includes accurate specifications, dimensions, materials, and any other relevant details. Maintaining accurate listings builds trust and confidence among buyers and helps them make informed decisions. Vendors who engage in deceptive or misleading practices may face consequences, including the removal of their products from the marketplace
  • Pricing:
    Vendors on Bricko marketplace have the autonomy to set the prices of their products. This flexibility allows them to determine their pricing strategies based on various factors, such as material costs, production expenses, market demand, and competition. Vendors can adjust their prices as needed to remain competitive and attract buyers. However, it is important for vendors to consider factors such as the perceived value of their products, the pricing of similar products in the market, and their profit margins when setting their prices.
  • Transactions:
    All transactions that take place between buyers and vendors through the Bricko marketplace are governed by the established Terms and Conditions. These terms outline the rights, responsibilities, and obligations of both parties involved in the buying and selling process. They cover aspects such as payment terms, shipping and delivery, returns and refunds, and dispute resolution. Buyers and vendors are expected to adhere to these terms and conditions to ensure a smooth and transparent transaction process. All transactions including receipts, refunds and/or cancellations, shall be processed in T+1 Business Days from the date of processing the transactions.
  • Payment Processing:
    Bricko marketplace recognizes the importance of providing secure and efficient payment processing for its buyers and vendors. To facilitate transactions, the marketplace may employ reputable third-party payment processors. These processors ensure that payments are handled seamlessly, securely, and in compliance with industry standards. Buyers can choose from multiple payment options, such as credit cards, debit cards, or online banking, to complete their purchases. The payment processing infrastructure is designed to protect sensitive financial information and prevent fraudulent activities, giving buyers and vendors peace of mind during transactions.

4. Home Buyers Porta

  • Property Listings: Real estate developers may list their properties for sale on the Bricko home buyers portal. Listings must include accurate and up-to-date information, including property descriptions, prices, and availability.
  • Accuracy of Listings: Real estate developers are responsible for ensuring the accuracy and completeness of their property listings. This includes providing accurate information about the property's features, amenities, and location. Developers must also ensure that their listings comply with all applicable laws and regulations, including the Real Estate (Regulation and Development) Act, 2016 (RERA).</li> <li>Pricing: Real estate developers are responsible for setting the prices of their properties. Prices must be clearly and prominently displayed on the listings. Developers must also comply with all applicable laws and regulations related to pricing, including RERA.
  • Transactions: All transactions between home buyers and real estate developers through the portal are subject to these Terms. This includes the purchase and sale of properties, as well as any other related transactions.
  • Payment Processing: Bricko may use third-party payment processors to facilitate transactions. These processors may have their own terms and conditions, which users must agree to when using their services. Bricko is not responsible for any issues or disputes arising from the use of third-party payment processors
  • Compliance with RERA: Real estate developers are responsible for ensuring that their properties and transactions comply with all applicable RERA regulations. This includes obtaining the necessary approvals and registrations from the relevant RERA authorities.
  • Accuracy of RERA Registration Details: Real estate developers must provide accurate and up-to-date information about their RERA registration status on their property listings. This information must be clearly and prominently displayed and must include the RERA registration number and the date of registration.
  • User Responsibility: Users are responsible for verifying the accuracy of the information provided by real estate developers, including compliance with RERA and the accuracy of RERA registration details. Bricko is not liable for any alterations or disputes between individual users and the concerned Government authorities

ERP and Warehouse Management

Software License:
  • Vendors can acquire a license to utilize Bricko's Enterprise Resource Planning (ERP) and warehouse management software.
  • The license will outline the terms and conditions of software usage, including permitted users, duration of access, and any restrictions on modification or redistribution.
Software Update:
  • Bricko is committed to providing regular software updates to enhance functionality, address bugs, and improve overall user experience.
  • Updates may include new features, security enhancements, performance optimizations, and compatibility fixes.
  • Vendors will be notified of available updates and provided instructions for seamless installation.
Data Security:
  • Bricko prioritizes the protection of customer data and implements robust security measures to safeguard sensitive information.
  • These measures may include encryption of data at rest and in transit, regular security audits, access control mechanisms, and adherence to industry-standard security protocols.
  • Bricko's commitment to data security ensures that vendor information remains confidential and protected against unauthorized access or breaches.
Customer Support:
  • Bricko recognizes the importance of providing reliable customer support to vendors using its software
  • Vendors can access a dedicated support team through various channels such as phone, email, or online chat.
  • The support team is equipped to assist with software installation, troubleshooting technical issues, answering product-related inquiries, and offering guidance on optimizing software usage
  • Bricko's customer support is designed to ensure that vendors receive prompt assistance and resolution of any challenges they may encounter.

7. Intellectual Property

  • Bricko's Intellectual Property: Bricko owns all intellectual property rights in the Bricko platform, including all software, designs, and trademarks.</li> <li>User Content: Users retain ownership of their content, but grant Bricko a license to use it in connection with the platform.
  • Bricko's Intellectual Property: Bricko possesses exclusive ownership of all intellectual property associated with the Bricko platform, encompassing all software, designs, and trademarks. This intellectual property constitutes a crucial asset for Bricko as it serves as the foundation upon which the platform is built and operates. By retaining control over its intellectual property, Bricko safeguards the integrity and distinctiveness of its platform, ensuring that it remains unique and differentiated from competitors. Furthermore, this ownership enables Bricko to make strategic decisions regarding the development and commercialisation of its platform, fostering innovation and growth.
  • User Content: While users maintain ownership of their content, they grant Bricko a license to utilize it in conjunction with the platform. This license allows Bricko to host, store, display, and distribute user content across its platform, enabling users to share and engage with their creations. By granting this license, users acknowledge that their content may be accessible to other users and the public, as permitted by the platform's functionality and privacy settings. However, it's essential to note that Bricko does not claim ownership over user content and respects the intellectual property rights of its users. This licensing arrangement fosters a collaborative environment where users can contribute their content, enhancing the overall richness and diversity of the Bricko platform.

8. Limitation of Liability:

Bricko shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, arising out of or in connection with these Terms or the use of Bricko.Bricko's liability is strictly limited as outlined in the Terms of Service. The company will not bear responsibility for any indirect, incidental, consequential, special, or punitive damages incurred by users in connection with the use of Bricko's services or the interpretation of these Terms.Examples of such excluded damages include, but are not limited to:
  • Lost profits or anticipated revenue that could have been earned.
  • Damage to your reputation or goodwill.
  • Loss of data or content, even if Bricko was aware of the possibility of such loss
  • Any indirect or consequential losses, such as loss of business, contracts, or opportunities.
Bricko's liability is further limited to the amount paid by you for the use of its services. The company will not be held liable for any damages that exceed this amount.
This limitation of liability provision is intended to protect Bricko from financial ruin in the event of a significant user-related liability claim. It also encourages users to take steps to minimize their potential losses, such as backing up their data regularly and purchasing insurance.By using Bricko's services, you agree to these limitations of liability. If you do not agree, you should discontinue using Bricko's services immediately.

9. Termination

Bricko may terminate your access to the platform for any reason, with or without notice.Bricko reserves the right to terminate a user's access to its platform, regardless of the reason, with or without prior notification. This provision is intended to ensure that the platform can maintain a safe and appropriate environment for all its users. Bricko may exercise this right if it reasonably believes that a user has violated its Terms of Service, engaged in fraudulent or illegal activities, or otherwise acted in a manner that is harmful to the platform or its community.When Bricko terminates a user's access, the user may lose access to their account, any content they have shared on the platform, and any other features or services offered by Bricko. The termination of access may also result in the loss of any virtual currency or other assets associated with the user's account.In some cases, Bricko may provide a user with prior notice before terminating their access to the platform. This notice may include a brief explanation of the reasons for the termination and may provide the user with an opportunity to appeal the decision. However, Bricko is not obligated to provide such notice and may terminate a user's access without any prior warning.Bricko's right to terminate a user's access to the platform is intended to protect the interests of all users and to ensure that the platform remains a welcoming and safe environment for everyone. This provision is also intended to deter users from engaging in inappropriate or harmful behaviour on the platform.

10. Changes to Terms

Bricko may update these Terms from time to time. Your continued use of Bricko after any changes indicates your acceptance of the new Terms.Bricko reserves the right to make changes and updates to its Terms of Service at any time. These modifications may include, but are not limited to, alterations in the platform's features, functionality, policies, or user guidelines. By continuing to use Bricko after such modifications have been implemented, you acknowledge your acceptance of the updated Terms.The purpose of these updates is to enhance the user experience, maintain platform security, address legal or regulatory requirements, incorporate technological advancements, or respond to feedback from the Bricko community.Bricko will make reasonable efforts to provide advance notice of any significant changes to the Terms of Service. This may be done through various channels, such as in-app notifications, email communication, or announcements on the Bricko website. The specific method of notification may vary depending on the nature and impact of the change.If you do not agree with the updated Terms of Service, you have the option to discontinue using Bricko. However, continued use of the platform following the implementation of changes will be considered an indication of your acceptance of those changes.Bricko values transparency and open communication with its users. If you have any questions or concerns regarding the Terms of Service or their updates, you are encouraged to reach out to the Bricko support team. They will be happy to provide clarification, address your queries, and assist you in understanding the implications of any modifications.By maintaining an active Bricko account and engaging with the platform, you agree to abide by the most current version of the Terms of Service. Bricko's commitment to user safety, privacy, and satisfaction remains at the core of its operations.