BRIK OWNER AGREEMENT

Brik Owner's Review For Confirmation Of Understanding

I understand and agree that BRIKitt Proptech Pvt Ltd, being a Proptech Platform to offer Fractional Ownership on Holiday Homes/Secondary Homes by dividing the total cost of the property (Including BSP, Stamp duty cost, Registration Cost, Furnishing Cost, other equipment required inside the unit) into equal fractions. The registration of the unit will be done in the name of the designated SPV and I will be appointed as a shareholder in the designated SPV.

 

MY APPLICATION FOR OWNERSHIP

 

  1. To become an Owner, I declare that I am above 18 years of age.

 

  1. I agree to Complete and submit an enrolment application to BRIKitt Proptech Pvt Ltd in the prescribed form (such application should be submitted either by myself personally or on my behalf)

 

  1. I agree to Pay the application fee to BRIKitt Proptech Pvt Ltd, which should be accepted by BRIKitt Proptech Pvt Ltd.

 

 

  1. I understand and agree that BRIKitt Proptech Pvt Ltd reserves the right to refuse any enrolment application, including without limitation if required to do so by the laws, rules or regulations of any local, state, national or federal governmental entity or by any judicial, public, regulatory or law enforcement authority or court.

 

  1. I understand and agree that My BRIK ownership is subject to the above terms which takes effect from the date when BRIKitt Proptech Pvt Ltd write to notify me through e-mail.

 

  1. I understand and agree, if a company, partnership, trust, unincorporated association or other entity wishes to own BRIK Ownership, ownership must be in the name of a neutral person nominated by the company or other entity to represent it.

 

 

  1. I understand and agree that up to 2 co-owners of BRIK Ownership who live at the same address may apply for one I have to nominate a lead owner to act as our principal contact for matters relating to our ownership.

 

 

  1. I understand and agree that BRIKitt Proptech Pvt Ltd shall be permitted to take instructions from and disclose information about our ownership to either of co-owner.

 

 

 

  1. I understand and agree that if any conflicting instructions given from me, BRIKitt Proptech Pvt Ltd is entitled to take the first set of instructions received and act on the instructions. If I continue to send conflicting instructions, BRIKitt Proptech Pvt Ltd may suspend or cancel with a reasonable discretion (with an appropriate refund) exchange privileges relating to my BRIK Ownership unless such instructions can be promptly reconciled or resolve.

 

  1. PROPERTY RIGHTS – I understand and agree that Usage rights of 30 Days every year is allotted to However, all 30 days cannot be used at once and should be in a breakup of Minimum 2 Night 3 Days and Maximum 7 Night 8 Days in one stretch.

 

NOTE: For more details on Usage, please refer the FAQs of Usage on www.brikitt.com

 

OBLIGATONS – I understand and agree that all the obligations like Maintenance, Repair, Breakage, Renovation, Updation, Government Taxes, etc. will be beared by the shareholders collectively in the same ratio as per their Ownership in the related property of the respective SPV.

 

The below Schedule 1 is consisted of all the terms and conditions, agreements applicable and the process along with benefits, liabilities, obligations etc.

 

SCHEDULE 1

 

Here are a few key points about my BRIK Ownership that I am clear about. I have read each point below in conjunction with the detailed Terms & Conditions for complete understanding.

 

  1. I understand and agree the Terms and Conditions of the special offer that I have chosen at the time of signing up for purchase of BRIK.

 

  1. I confirm having read the Terms and Conditions governing purchase of BRIK Ownership, Usage and the Terms and Conditions with regard to BRIK ownership and agree to abide by the All necessary clarifications and information on the BRIK Ownership have been provided to me.

 

  1. I understand that any payment made by me would first be appropriated toward the Booking Fee and balance if any would be appropriated towards the entitlement

 

 

  1. I understand that in the event of request for cancellation by me, BRIKitt Proptech Pvt Ltd shall have the right to deduct cancellation charges as mentioned in the Terms and Conditions and would refund the balance amount only as per the Point under Schedule 1, CANCELATION and REFUND Policy, Point 1.

 

  1. I understand that I shall be admitted as BRIK Owner of BRIK Ownership only upon realization of the entire amount and EMI’s as per the Payment Plan opted by me and after the unit gets operational, to be entitled to the benefits of BRIK Ownership i.e. I will be entitled for 30 Days of Usage and other benefits mentioned in this agreement further with BRIKitt Proptech Pvt Ltd.

 

 

  1. I agree that BRIKitt Proptech Pvt Ltd will be eligible to generate rentals through Short term Rentals/BnB Rentals/ Long term Rentals if any of the BRIK Owners are not using the property, the entire earned rentals will be disbursed at the end of the Particular financial year depending on the number of Unused days out of the 30 Days of usage to me, after deducting the expenses of the property e. Builder’s maintenance, Electricity bills, any taxes if applicable, all sort of repair/wear and tear costs etc.

 

  1. I agree that in any financial year if a I consume less than 10 Days out of my 30 Days of usage and BRIKitt Proptech Pvt Ltd is not able to provide Minimum 33% Occupancy in the related Property, BRIKitt Proptech Pvt Ltd will not charge the AMC in that particular financial

 

 

 

 

  1. I understand that the number of people who can occupy the apartment is as follows:

 

            3 BHK Apartment/Villa – 6 Adults and 2 Kids

            2 BHK Apartment/Villa – 4 Adults and 2 Kids

            1 BHK Apartment/Villa- 3 Adults or 2 Adults and 2 Kids

            Studio Apartment/Villa – 2 Adults and 1 Kid

 

(Children above 12 years shall be considered as adult for the purpose of occupancy. 2 children below 12 years to be considered as one adult).

 

  1. I understand that the gifting of the BRIK is my responsibility and, in this regard, the BRIKitt Proptech Pvt Ltd does not undertake any responsibility or liability.

 

  1. I understand that the confirmation for reservation of the unit is subject to availability and eligibility, However, the Booking can be done through the Digital Dashboard provided by BRIKitt Proptech Pvt Ltd, in which, I will be eligible to make bookings for my owned Unit with a booking window of 365 Days and BRIKitt Proptech Pvt Ltd Community Units with a booking window of 60 Days for minimum 2Nights/3Days and Maximum 7Night/8Days bookings at One time booking duration.

 

  1. Holiday Booking Cancellation Policy –

 

              Before 30 days of check-in – No Deduction of room nights

              Before 21 days of check-in – 25% Deduction of room nights

              Before 14 days of check-in – 50% Deduction of room nights

              Before 7 days or later of check-in – 100% Deduction of room nights

 

 

NOTE: I am aware that without the Confirmation of booking, I will not have any right of entry                                                                                                                                      into any property.

 

 

  1. I understand that the BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity needs to maintain the property towards which I confirm having agreed to pay Annual management Fees (AMF) whether I avail the Usage Rights in a particular year or not. Non-payment of the same shall result in my disentitlement from the use of the entitlements and BRIKitt Proptech Pvt Ltd shall have the right to cancel the usage rights if I do not pay the AMF on time.

 

  1. I understand that any part payment made by me towards any outstanding shall first be appropriated towards interest and then earlier dues /outstanding.

 

  1. I have read the rules of cancellation and agree to the

 

  1. I confirm that there are no other verbal/written promises, or any other assurances not mentioned in this Agreement that have been made by any BRIKitt Proptech Pvt Ltd

 

  1. Payment Consent – The BRIKitt Proptech Pvt Ltd doesn’t accept Booking Amount payments in All payments to BRIKitt Proptech Pvt Ltd are to be made in form of cheque/draft favoring “BRIKitt Proptech Pvt Ltd Proptech Pvt Ltd.”, or through Credit Cards/Debit Cards/Bank to Bank transfer/UPI etc. Any payment in cash and cheque/draft not favoring the BRIKitt Proptech Pvt Ltd is at the BRIK Owner’s risk and the BRIKitt Proptech Pvt Ltd will not be liable for the same.

 

  1. BRIKitt Proptech Pvt Ltd is liable to return the booking amount with an interest of 11 % per annum if all the co-owners are not brought on-board within 180 to 365 days depending upon the property type as specified at the time of booking.

 

  1. I understand and agree that if I delay or do not pay the installments on time/due date, I will be liable to pay a penalty/interest of 11% per annum on the due amount.

 

 

METHODS OF PAYMENTS AND REFUNDS

 

I understand and agree that I have to quote my booking details on all bank transfers and cheques payable to BRIKitt Proptech Pvt Ltd to avoid errors and undue delays.

 

I will be responsible for paying my bank’s charges in respect of all payments made to and refunds received from BRIKitt Proptech Pvt Ltd.

 

I understand and agree that any refund made by BRIKitt Proptech Pvt Ltd will be in the same manner and currency as the original payment was made by me.

 

 

 

CANCELLATION and REFUND POLICY

 

  1. I understand and agree that the booking amount is considered as the “Earnest Money”, if I cancel my BRIK Ownership after the booking payment, the entire “Earnest Money” will be forfeited by BRIKitt Proptech Pvt Ltd. However, I have a freelook period of 14 Days from the date of Onboarding.

 

  1. I understand and agree that the lock-in period for the BRIK Ownership will be for 3 years from the date of possession of the property. I am not allowed to liquidate my BRIK before the end of the lock in period. However, if under any circumstances if I want to exit before the lock in period expires, I shall be paid the total amount deposited (Excluding Govt. taxes) by me after deduction of 20% of the BRIK value as cancellation charges.

 

  1. I understand and agree that after the completion of the Lock in period, I will be eligible to transfer my BRIK to anyone, a transfer charge will be applicable as per the company’s policy e., 10% Hurdle fee on the total Profit earned at the time of BRIK reselling. (Shareholding Transfer)

 

  1. I understand and agree that if I fail to pay 3 consecutive instalments as per my payment plan. The company has a right to cancel my allotment and shall refund 50% of the amount paid by me in the SPV within 90 working days after the possession of the concerned property. However, if I have paid my EMIs regularly and due to some personal reasons apply for cancellation then the company shall refund the amount deposited in SPV after deduction of 20 % from the amount paid till date of cancellation and pay the balance within 90 working days of the communication of cancellation.

 

 

 

 

 

 

 

 

 

RIGHT of FIRST REFUSAL (ROFR)

 

               I understand and agree that if I wish to liquidate my BRIK through outright sales , then the I will be under contractual obligation to first offer my BRIK at the appropriate market rate to BRIKitt PROPTECH PVT LTD and only once BRIKitt Proptech Pvt Ltd does not accepts the offer and declines the offer for whatsoever reason , communicating it in writing with me, I may proceed to sell the BRIK in open market and for that BRIKitt Proptech Pvt Ltd will give proper assistance for the same and will charge appropriate service charges for the same as mentioned in Schedule 1, CANCELATION and REFUND Policy, Point No. 3.

 

 

 

 

SCHEDULE 2

 

THE MANAGEMENT AGREEMENT between the Designated SPV and BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity to be executed on the terms and conditions specified as mentioned below:

 

  1. BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity commit to provide all Property management Services i.e., 24X7 Concierge, Housekeeping, Room services etc. at the Property owned by the related SPV.

 

  1. Services Rendered by BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity pursuant hereto, shall be:

 

  1. Maintenance of a reservation service and rentals, together with the Property Manager and other employees of BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity.

 

  1. Arranging for or providing cleaning, housekeeping and maid service for the Unit, and inventory inspection of unit furnishings on departure of each rental tenant or BRIK Owner.

 

  1. Periodic inspection and arrangements for necessary repairs and maintenance of said property and furniture/furnishing in the said Unit. (Maintenance and repair per incident will be accomplished by BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity and its invoice will be paid by the said SPV).

 

  1. Maintenance of accounting records with relation to the Unit, usage and occupancy thereof and furnishing the accounting to Shareholders on regular
  2. Making arrangements for conveniences of occupants such as housekeeping, room services, arrangement of provisions, laundry, etc.

 

  1. Arranging for advertising with relation to the

 

 

 

  1. Allocation of Net Revenue – All amounts received against the rentals of the Unit shall be collected, held and distributed by BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity to the Shareholder at the end of the financial year after preparations of Balance sheet of the Company (SPV) till the month of July of every year depending on the unused number of days.

 

 

  1. Under this agreement BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity has agreed to provide management services related to the Property of the related SPV, and the BRIK Owner (Me) have agreed to pay the Management charges every year to BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity for the services performed by BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity, subject to the terms and conditions of this

 

  1. Consideration for the Services to be rendered pursuant to this Agreement, I shall pay to BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity the management charges. BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity may adjust the Management Charges from time to time provided that BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity has made reasonable effort to keep any increment of the Management Charge within the weighted average of the Rate of Inflation based on the services provided from year to

 

  1. Mode of payment of Management charge is defined on the Management Charge

 

  1. The Management Charge shall be paid to the Management Company in accordance with the following terms:

 

  1. It will be due on 31st March in the subsequent year from the date of Purchase or upon the completion of purchase, whichever is later.
  2. Penalty charges of 24% per annum shall be added to any Management Charges not paid by the Due Date on all arrears by the BRIK Owner.

 

REQUESTING AN EXCHANGE

 

I understand and agree that at the time of requesting an exchange, the below points will be in consideration

 

  1. The ability to confirm an exchange request is dependent on the availability of Holiday Ownership rights deposited or forecast to be deposited by other owners in the BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity, Pool which are acceptable to Therefore, it is not guaranteed that any particular request for a resort, area, travel date, type or size of accommodation, travel supplier or otherwise relating to my exchange will be met. However, BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity will offer me alternative choices which may be available.

 

  1. Confirmation of booking/exchange will be valid only when I receive the confirmation in writing by or via email from BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity. I have to check all the details on my confirmation carefully when I receive it and let BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity know as soon as possible if anything is incorrect.

 

  1. I understand and agree that accommodation may vary in unit Sizes, design, Furnishings, amenities and facilities from my own BRIK Ownership.

 

  1. I understand and agree that I will be responsible for any damage caused by me and/or by my Guests whilst staying at any Property associated with BRIKitt PropTech Private Limited or it’s associated SPV company or LLP or any other Legal entity

 

  1. I understand and agree that me and/or my Guests must comply with the in-house rules and bye-laws of the Property.

 

  1. I understand and agree that me and/or my Guests must replace any items missing from my unit on departure or Management may charge me and/or my Guests for replacement of damages/loses.

 

  1. I understand and agree that the total number of people (babies and children included) occupying the accommodation must not exceed the maximum occupancy of the unit set out in the exchange confirmation or guests’ certificate otherwise the Manager may refuse

 

  1. I understand and agree that me and/or my Guests are responsible for payment of any applicable taxes, personal expenses, utility charges, security deposits and other fees or charges levied by management on occupiers for the use of amenities and facilities there.

 

  1. I understand and agree that I will comply with check-in and check-out times. If I and/or my Guests are going to arrive outside the check-in day and/or time set out in your confirmation, the management must be contacted directly to make alternative check-in arrangements, subject to availability. Management may levy a charge or impose other conditions for any accommodation outside the days specified on the confirmation.

 

  1. I understand and agree that me and my Guests may be refused entry to Property if Me or my guests cannot verify our identity by means of a valid passport, driving license or other form of Government issued identification proof.

 

 

 

 

 

 

 

 

 

MANAGEMENT & MANAGEMENT CHARGES

 

Annual Management Charges – Annual Management Charges has to be paid directly to BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity

 for the Management Services provided at the owned property through SPV on annual basis.

 

  1. Notwithstanding the fact that the SPV has appointed BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity as the Property Management Service Provider to administer the expenses, management and booking of

 

  1. Owners shall contribute in the form of an annual Management Charge, to all reasonable costs assessed on the SPV including, without prejudice to the generally of the foregoing, the following:

 

  1. Maintenance, repair, redecoration, cleaning, and (where necessary) renewal of the Units, services or facilities provided by the Management Company for the benefit of the Owners whether exclusive or in common with others entitled.
  2. Maintenance, repair and (when necessary) replacement of furniture, equipment, utensils, provisions, furnishings, fittings and fixtures in or about the Units and provided at any other unit in any project.
  • The full amount of the rent payable by the Management Company in respect of Units and Alternative Holiday Units to facilitate maintenance, repair or reconstruction works, such rent to be calculated at the then current rates.
  1. The full amount of the rent payable by the Management Company in respect of Units and Alternative Holiday Units to facilitate maintenance, repair or reconstruction works, such rent to be calculated at the then current rates.
  2. All work and acts which are required to be done to comply with any statutory provisions or the directions or notices of any governmental, local or public
  3. Any reasonable charges which may be incurred in the management and preservation of the value of the property and the running of the SPV affairs or the provisions of services by the Management Company, including the provision of concierge and housekeeping services
  • The maintenance of the sinking fund if one is *
  • Any other charges that are required to be paid in order to maintain the status quo of

 

Expect as outlined herein the annual increase in Management Charges shall not exceed 10% more than a weighted average of the rates of inflation if BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity wishing to impose higher. Increase, it shall invoice all Owners with the proposed Management Charge which shall be payable by all Owners, notwithstanding the following.

 

The Management Company shall appoint an independent accountant or other similarly qualified individual acting as an expert, to ascertain whether the proposed increase is reasonable. The Management Company shall provide that expert with a budget for the forthcoming year covering the costs This shall be examined by that expert, whose decision as to whether the proposed Management Charge is reasonable, shall be final. In calculating whether the proposed increase in Management Charge is reasonable (and for this purpose alone), no rental income shall be considered due in respect of any Units. In the event of the Directors resigning, upon the approval by the BRIKitt Proptech Pvt Ltd, or it’s associated SPV company or LLP or any other Legal entity. BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity shall appoint another legal entity to act as Management of SPV or shall act as the Management Company itself. The Management of SPV shall have sole discretion in deciding what monies should be spent for any of the purposes set out above and when the same shall be expended.

 

Any resulting underpayment or overpayment of the succeeding applicable year’s Management Charge shall be adjusted on that year’s invoice at the Management Company’s sole discretion.

 

The Management Company shall use its best endeavors to promptly collect all Management Charges and shall promptly pay and discharge out of all such monies so collected, all expenses in relation to the management of the units, the administration of the Club and shall maintain and keep proper records and books of account and make them available at all reasonable times for inspection by the BRIKitt Proptech Pvt Ltd or shareholders

 

 

SUSPENSION OF USAGE RIGHTS FOR REASONS OTHER THAN NON-PAYMENT OF MANAGEMENT CHARGES

 

I understand and agree that If at the absolute discretion of the Management Company, any Owner have committed a substantial breach of the obligations imposed on him herein, then his/her Usage Rights may be immediately suspended by the Management Company by giving written notice to this effect to the Owner. If the Owner shall at the time such notice is served be at the Property, he may be required to leave forthwith. If such breach is not remedied according to the requirements of the Management Company within 14 days of the notice first being given, the Management Company shall send a further notice to the Owner advising that indefinite failure to remedy such breach (as well as the consequences or effects of such breach) will result in the continued and similarly indefinite suspension of the Owner’s Usage Rights

 

COMMUNICATING WITH ME

 

BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity

 is the sole controller of all data held in relation to me and my Guests and all processing of data relating to my ownership and to me or my Guests’ use of the exchange or other accommodation or of related travel services offered by BRIKitt Proptech Pvt Ltd or it’s associated SPV company or LLP or any other Legal entity is therefore subject to India’s data protection laws only.

We will maintain records relating to your ownership and to your and your Guests’ use of exchange or other accommodation or of related travel services offered by BRIKitt Proptech Pvt Ltd (including Information about you or your Guests provided by yourself, your Guests or by third parties).We shall be entitled to process such data for the purpose of providing you or your Guests with the products and services requested; to keep you or your Guests Informed of further offers from us which may be of interest to you or your Guests (unless you or your Guests write to us asking us to exclude you or them from such offers or alternatively telephone, fax or email us to that effect) and for our own administration, market analyses and operational reviews.

 

You agree that BRIKitt Proptech Pvt Ltd, or any associated companies or third parties authorized by BRIKitt Proptech Pvt Ltd, shall be entitled to make contact with you or your Guests by post, e-mail, telephone, including automated dialing equipment, facsimile transmissions, and/or pre-recorded messages for the purposes set out In this paragraph. We shall be entitled to disclose to any associated companies and third parties (including but not necessarily limbed to resorts, owners’ associations, resort trustees, management companies, airlines, insurance companies, car hire companies, ferry and cruise operators and other suppliers) such information as may be necessary to:

 

provide you or your Guests with products and services you or they have requested: or Verity details relating to your ownership or your BRIK Ownership rights or your Guests’ use of exchange or other accommodation: or notify you of travel or other services or products which we believe may be of interest. We shall be entitled to rely on your Guests’ consent to receive information regarding such products and services for a period of up to seven years after their occupation.

 

We shall be entitled to process such data for the purpose providing you or your Guests with the products and services requested; to keep you

or your Guests Informed of further offers from us which may be of interest to you or your Guests (unless you or your Guests write to us asking us to exclude you or them from such offers or alternatively telephone, fax or email us to that effect) and for our own administration, market

Analyses and operational reviews.

 

GENERAL CONDITIONS

 

The Company does not undertake to pay rent, buy back or sell or facilitate the exchange of the BRIK of a Customer without his/her consent.

 

The Company reserves its right to market the Units or any portion thereof in respect of any day to free individual traveler.

 

If the Customer, does not check-into the property, the BRIK shall be mentioned from the dashboard as occupied, and the company shall neither be liable to provide any other accommodation in any property on the same dates and BRIKitt Proptech Pvt Ltd will not bear any compensation, claim or damages.

In the event of any delayed check-in, it shall be responsibility of the occupant/Owner to inform the concerned Manager on site. In the absence of any such intimation the Company reserves the right to release the booking without paying any compensation of nights or rent. Herein above, in the event of the any partial utilization of the unit due to delayed check- in/early departure or otherwise, the number of days debited shall be as per the original booking.

 

 

The Customer shall promptly inform the change of address to the company in writing supported with a valid KYC (know your Customer) document.

 

The Company or its subsidiaries has rights to promote various holiday homes. The BRIK customers shall not have free right to claim or access to such resorts promoted by the Company.

The purchase of BRIK shall be construed as purchase of Equity/Preference Shares in the SPV (Special Purpose Vehicle) and ownership right or leasehold right, over the property of the SPV; The purchase of BRIK also allows the Customer to get accommodation in the unit for stay as per the terms and conditions and does give him/her/it any rights or interest of whatsoever nature over the SPV or its assets and properties. In addition to the above and not withstanding anything contained anywhere in this set of terms and Conditions, it is hereby fully clarified, and the Customer fully understands and confirms that.

Any promises and commitments, made either in writing or in words by any person representing the Company, outside the purview of or in contradiction to these terms and conditions are not binding on the Company. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

 

The Customer is aware that in order to help him make the best use of product and case of transactions, the Company needs to communicate the updates related to the customer like payments transaction, vacation offers, promotions & other ownership related information and hence irrevocably empowers the Company to communicate with him/her vide any mode of communication during the entire tenure of his/her Ownership even if the customer has registered himself/herself under the TRAI rules. In the event of change in contact details, it’s the customers’ responsibility to communicate the same and ensure communication does not continue to go to old contact details.

In case of violation of any of the house rules by the Customer or his/her guest, at any of the unit or any other act of the Customer whereby the Company’s reputation/image is likely to be tarnished by such behavior, the Company reserves the right to cancel the usage rights BRIK of the Customer.

All dispute(s), difference(s) or question(s) arising out of this transaction or otherwise shall be resorted to Arbitration as per the provisions of the Arbitration and Conciliation Act 1996, with such modifications/amendments thereto and venue of such arbitration shall be Lucknow only. The Arbitrators shall be nominated from both the Parties i.e. by the board of Directors of the Company and Concerned BRIK Owner/BRIK Owners. The language used in Arbitration proceedings shall be English/Hindi only. The Parties agree to be bound by the award passed by the Arbitrators.

 

In respect of all matters between the parties hereto or his/her/heir(s)/representative(s) only the Civil Courts in Lucknow City alone shall have exclusive jurisdiction and to the exclusion of all other Courts.

 

In case of Unfortunate Demise of the Share Holder, the appointed Nominee will have the right of ownership automatically.

In case of Change of Marital Status of a Shareholder, Shareholder have to appoint his/her nominee at earliest to avoid any legal challenges in future.

 

 

BRIKITT PROPTECH PVT LTD’S OBLIGATIONS

 

In case Company does not provide vacation after issuance of confirmation voucher for the unit, Company shall provide alternate accommodation and in the event of default in providing alternate accommodation. In all cases where company provided alternate accommodation or pays liquidated damages, the number of nights confirmed by Company shall be debited to the Customer’s account.

Notwithstanding anything stated here in above, Company shall not incur any liability to the Customer if it is not able to fulfil its obligations by reason of any war, civil commotion, force majeure, act of God, any notification from any Court of Law or Government or any due other reason beyond its control.

Any appointed Executive Directors towards the SPV, do not have any Authority to take a decision to Sell/Buy the Property without the Consent of the Shareholders.

 

Liabilities of the SPV

 

In any Financial Year, if the SPV will be in Negative Cash flow, None of the BRIK Owner’s will be having any liability on them rather all the liabilities will be for the Designated SPV and if the designated SPV also fails to comply the concerned liabilities then in that case Director will providing the required Loan to the SPV (without any Interest) and whenever the designated SPV is able to repay the Loan taken from Director, will be returned back. (without any Interest).

 

 

 

 

 

 

 

 

LIMITATION OF LIABILITY

 

Company makes no warranty, explicitly or implicitly, without Limitation with respect to the availability, quality or suitability of the accommodation facility provided in any unit including all amenities thereon and expressly disclaims the warranties or conditions of merchantability and fitness for any particular purpose. Besides, under any circumstances, the company shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including, without limitation attorneys’ fees) in any way due to resulting from or arising in connection with the BRIK or the unit or the failure of company to perform its obligations or for any alleged deficiency of service, regardless of any negligence. Except as otherwise provided, the accommodation and amenities in the unit are provided on an “as is”, “as available” basis and the Company disclaims all warranties

 

 

DISCLAIMER

BRIKitt is a Proptech platform which works as an asset manager which allows like-minded people to come together and acquire their most desired asset class i.e. Luxury Holiday and Vacation homes across the Globe.

We do not own , underwrite or co-own directly or indirectly any of our listed assets. Listed assets are third party.

We at BRIKitt tries to list best of the best projects which offers great value proposition and offers safe and viable Investment opportunity. BRIKitt is not responsible for any loss, damage , delay , or any other misdeed of builders and promoters of the listed assets. BRIKitt does not promise or commit any assured rentals or capital gains. As all the returns are organic in nature and totally depends upon market sentiment, occupancy percentage and the ARR of the property.

 

CHANNEL PARTNER AGREEMENT



Definitions

In this agreement the flowing definitions shall apply.

Agreement: means this Channel Partner agreement.

Channel Partner: means the right granted by this agreement.

Company: means the party described at the beginning of this agreement and here in referred to as be company.

1.4 Channel Partner: means the party named in Channel Partner Form of the first schedule and its legal representatives, successor and permitted assign.

Business day: means a day on which company is working.

Business Name: means the name set out in item 2 of the first schedule which is the only name under which the Channel Partner shall conduct the business.

Channel Partner fee: means the initial fee payable by a Channel Partner for the grant and other matters as specified

Intellectual property: includes all licensed copyright design, trademarks, patent, process & corporate name, computer software licensed by BRIKitt Proptech Private Limited and the goodwill of any licensed business name, secret process or confidential information licensed by the BRIKitt Proptech Private Limited including the marks of the system.

Month: means a calendar month

Services: means these services forming part of the system from time to time

Response time: to respond to all enquires by customers or potential customers on the same day as they are made.

Communication: the Channel Partner agrees to use such commutation technology as the BRIKitt Proptech Private Limited May from time to time require.

Channel Partner meeting: To convene meeting of Channel Partners as the BRIKitt Proptech Private Limited considers necessary.

Advertising: to refer the BRIKitt Proptech Private Limited for its prior approval of the contents, style and media proposed to be used by the Channel Partner (including signage) for any advertising what so ever including the system and the business in the customer contracts premises or a proposed sale of a Channel Partner business advertising approved by the company will be the cost of the Channel Partner.

Inspection by Company: to permit the company and its servant and agents (including the field consultant) at all reasonable times upon the provision of reasonable notice by the company to inspect and copy all books, financial other records relating to the business.

Confidential information : from the operation manual, trade secrets, information, methods, ideas, concepts, price, forms, techniques, data base, copy right materials and all records relating to the system including client details, project and product details.

Customer: means a person or entity with which the Channel Partner provides services.

Discontinue: means to terminate case the operating the business.

Relationship Manager: means any person nominated by the company from time to Time, visit the Channel Partner and facilitates the commercialization.

Appointment

  • BRIKitt Proptech Private Limited appoints the Channel Partner on an exclusive basis in the Territory of and to term and conditions of this agreement; Channel Partner can do
  • Online/offline selling of bricks, provide assistance services, organize community events and all BRIKitt Proptech Private Limited services in the exclusive territory.
  • The Company hereby grants to the Channel Partner all the relevant rights to carry on business as a Channel Partner.
  • Channel Partner can use the trade names, trademarks, of the BRIKitt Proptech Pvt. Ltd for the business purpose.
  • Channel Partner can use the Company’s copyright, website, data, brand name, knowledge etc.
  • 2.6 The Channel Partner shall enter into a Registered License Agreement when required by the BRIKitt Proptech Private Limited.

 

Location

  • The Channel Partner will operate the Channel Partnered business from the mentioned  business address  Office in the Channel Partner Form
  • Maintaining a uniform standard facilities and services including transparency in the charges and procedure.

Term

  • This Agreement shall remain in force for the period of 5 years from the date of signature by the parties.
  • The Company agrees to allow the Channel Partner to renew the Channel Partner subject to renewal terms being agreed and where the Channel Partner has operated the Channel Partner successfully and in accordance with the terms of this Agreement and the Channel Partner Manual.

 

Company’s Responsibilities

  • The Company will carry out the following during the term of this Agreement:
  • Provide a copy of the Operations Manual and a replacement copy of the Operations Manual if and when it is updated during the course of this Agreement
  • Provide initial training to the Channel Partner, so that the Channel Partner can successfully operate the Channel Partner.
  • Regularly monitor and audit the Channel Partner to ensure that quality standards are met and that sale targets are achieved by the Channel Partner.
  • Provide ad hoc advice where the Channel Partner encounters operational problems that they are unable to overcome.
  • Company Advice to Channel Partner on alterations to and fixtures and fittings in the Premises.
  • General advice to Channel Partner on how to set up the Channel Partner.
  • Provide initial training programmers for the Channel Partner.
  • Provide the Channel Partner with knowhow, advice and guidance relating to the Business.

 

Channel Partner’s Obligations

The Channel Partner shall:-

  • Only uses Printed material, invoices, products, projects and Services which are promoted by the Company
  • Operate the Business in accordance with the Operations Manual.
  • Maintain the Premises to the highest standards and not carry out any alterations without the Company’s consent.
  • Use best endeavors to promote and extend the Business.
  • Channel Partner should not appoint any person as employ and manager who has not completed the Company’s training course and been approved by the Company.
  • At the request of the Company provide potential information as reasonably requested.
  • Channel Partner shall use the name Channel Partner and the trademarks and symbols associated with the name of Channel Partner BRIKitt Proptech Private Limited at Channel Partner place and during other activities.
  • Channel Partner requires Company’s approval whenever they want to do campaign, Newspaper advertisements, and digital promotions with respect to advertising.
  • Use the trademarks, logos and name on the entire document in the same format given by BRIKitt Proptech Private Limited, head office.
  • Channel Partner can’t collect any amount in cash, Brik charges have to collected by draft, Online transfer, or Cheque in favor of “BRIKitt Proptech Private Limited” A/c
  • Online registration of every client is compulsory.
  • Records of clients will be maintained by both of us Channel Partner and Company.
  • Provide every information obtained in the course of business.
  • When dealing with client Channel Partner has no right to suggest any thing to client as a layman thought.
  • The Channel Partner should also advertise and promote the Channel Partner in accordance with the directions, requirements and specifications of the Company from time to time. Should enhance and promote the intellectual property, goodwill and reputation of the Channel Partner at all times.
  • The Channel Partner will maximize efforts to develop the Channel Partner and maintain the image, identity and reputation of the entire franchising system.
  • The Channel Partner hereby undertakes to supply the Channel Partner with all information concerning office operation, enabling evaluation of the quality of business management, as well as the financial reports required for effective management of the Chain. The Channel Partner will allow the Channel Partner and/or its Representatives or Relationship Manager to freely access to the Channel Partnered business premises and permit examination of the relevant documents at any official timing.
  • The obligation to properly maintain and keep all records and account books
  • The obligation to provide excellent customer service.
  • Channel Partner has to arrange basic requirement for office setup.
  • All advertising is to be approved by the Company.
  • The Channel Partner shall have no right to transfer the Channel Partner

 

Confidentiality

 

“Channel Partner” shall keep all information of confidential nature as strictly confidential and shall not disclose it to third Parties without the prior written consent of BRIKitt Proptech Private Limited during the term of this Agreement. “Channel Partner” agrees not to disclose revenue Information without prior written consent of BRIKitt Proptech Private Limited. Use or disclose confidential information for any purpose other than a purpose set out in the Agreement.

 

Termination

 

  • The Company may terminate this Agreement if the Channel Partner:-
  • Fails to commence business within three months of execution of the Agreement
  • Is in breach of [any of] the terms of the Agreement
  • Is found to have supplied materially and services false or misleading information in or supporting the Channel Partner application
  • Goes into liquidation/bankruptcy or is insolvent

 

Consequences of Termination

 

The Channel Partner:

  • Must cease use of the Company’s trade name and trademarks and must not thereafter hold itself out as being a Channel Partner of the Company.
  • Must pay to the Company all sums payable to the Company whether or not then due
  • Shall return to the Company all manuals literature promotional material letter heads Invoices or anything else which bears the trade name of or indicates any association with the Company
  • Shall provide the Company with a list of all customers and potential customers of which it is aware.
  • shall not make use of or disclose any confidential information relating to the system or the business

 

Dispute Resolution and Jurisdiction

  • Any dispute, controversy or claims arising out of or relating to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the [Indian] Arbitration and Conciliation Act, 1996.
  • The arbitral tribunal shall be composed of three arbitrators, one arbitrator appointed by. BRIKitt Proptech Pvt. Ltd., a second arbitrator appointed is one of the Director of BRIKitt Proptech Private Limited, third arbitrator to be appointed by such arbitrators.
  • The place of arbitration shall be at Head office of BRIKitt Proptech Private Limited and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties
  • The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law.
  • The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply.
  • The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law, and the agreement shall be subject to the exclusive jurisdiction of the courts at Lucknow