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
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.
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).
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.
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
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:
REQUESTING AN EXCHANGE
I understand and agree that at the time of requesting an exchange, the below points will be in consideration
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.
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.
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.
The Channel Partner shall:-
“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.
The Channel Partner: