Aureate

Terms & Conditions

Please read these Terms and Conditions ("Terms", "Agreement") carefully before accessing or using brickaffairs.com (the "Website", "Platform", or "Service"), operated by Brick Affairs ("Company", "we", "us", or "our").

By accessing, browsing, registering on, or utilizing any services provided on brickaffairs.com, you ("User", "Subscriber", "Visitor", or "Advertiser") agree to be bound by these Terms and Conditions, our Privacy Policy, and any applicable Community Guidelines. If you do not agree to all of these Terms, you must discontinue the use of this Website immediately.

Brick Affairs may amend, update, or modify these Terms from time to time. Any revised version will be posted on this Website with an updated “Last Updated” date. The revised Terms will become effective upon posting unless a later effective date is stated. Your continued access to or use of the Website after publication of revised Terms constitutes your acceptance of those changes. If you do not agree with the revised Terms, you must stop using the Website.

1. Introduction and Intermediary Role

Brickaffairs.com serves solely as an online advertising, listing, and information exchange platform for buyers, sellers, tenants, real estate agents, and builders.

  • The Company acts strictly as an intermediary under Section 2(1)(w) of the Information Technology Act, 2000.
  • Nothing in these Terms creates a partnership, joint venture, employment, franchise, agency, fiduciary, or representative relationship between Brick Affairs and any User.
  • Brick Affairs does not act as an express or implied real estate agent, broker, contractor, or legal representative on behalf of any user.
  • We do not endorse, verify ownership of, or guarantee any transactions, listings, agreements, or communications made between users of this platform.

2. Eligibility and Account Responsibility

By using the Website, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Website on behalf of a company or other entity, you represent that you have authority to bind that entity. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify Brick Affairs of any unauthorized use of your account.

3. Definitions

  • Browser/Visitor: Any individual or entity browsing or accessing public, non-restricted areas of brickaffairs.com without creating an account.
  • Subscriber/User: Any registered individual or entity utilizing free or paid subscription services, accessed via credentials (username/password).
  • Advertiser: Any user or commercial entity uploading, publishing, or sponsoring property listings, banners, or related marketing content.
  • RERA: The Real Estate (Regulation and Development) Act, 2016, along with any state-specific rules, amendments, and notifications framed thereunder.
  • Services: All search tools, advertising spaces, property listings, lead generation solutions, and communication channels provided via brickaffairs.com.
  • Customer: Any person, company, broker, agent, builder, developer, advertiser, or other entity that purchases, subscribes to, or enters into a service order for any paid service provided by Brick Affairs.
  • Unauthorized User: Any person who accesses or attempts to access restricted areas, accounts, services, data, or features without authorization or without a valid right to do so.
  • Content: All text, images, photographs, videos, voice recordings, floor plans, logos, trademarks, brochures, listings, contact details, and other materials submitted, displayed, or made available on the Website.
  • Service Order: Any written or electronic order, proposal, invoice, or agreement under which a Customer purchases subscriptions, listings, leads, campaigns, or other services from Brick Affairs.

4. Submission and Administration of Property Listings

When submitting any listing, advertisement, image, floor plan, or text on brickaffairs.com, the User agrees to the following:

  • Authorization & Accuracy: You warrant that you are the lawful owner, power-of-attorney holder, or an authorized real estate agent/promoter duly appointed in writing by the lawful owner. You guarantee that all details, dimensions, pricing, and project statuses submitted are truthful and accurate.
  • Rights & Authorization Verification: The Advertiser must obtain and retain all rights, permissions, licences, consents, and authorizations necessary to publish the property details, photographs, videos, floor plans, logos, trademarks, brochures, voice recordings, and other materials submitted to the Platform, including from the lawful owner, power-of-attorney holder, photographer, copyright owner, and any other relevant rights holder.
  • RERA Compliance: For projects or properties falling within the ambit of RERA, advertisers must provide valid RERA registration numbers, disclose encumbrances, and adhere to all legal requirements established by relevant regulatory authorities.
  • Document Verification: Brick Affairs may request supporting documents, declarations, affidavits, authorization letters, RERA records, ownership documents, or other evidence to verify the information submitted. The Advertiser must provide such documents within the period specified by Brick Affairs.
  • Property Verification Disclaimer: Any "Verified" tag or badge displayed on brickaffairs.com indicates solely that an address or physical existence check was conducted. A "Verified" tag is never a confirmation of title, ownership documents, encumbrance-free status, exact square footage, or pricing fairness. Buyers and tenants are required to carry out independent title and legal due diligence.
  • Licensing of User Content: By uploading content, photos, or voiceovers, you grant Brick Affairs a royalty-free, irrevocable, worldwide, sublicensable right to host, display, index, modify, format, and distribute the content for promotional, analytical, and display purposes across our digital properties.
  • Listing Moderation: We reserve the right to review, edit, reject, or remove any listing at our sole discretion, without notice, if we suspect fraud, inaccuracy, legal non-compliance, or copyright infringement.
  • Backup Responsibility: Advertisers are solely responsible for retaining backup copies of all listings, photographs, videos, documents, contact information, and other materials submitted to the Platform. Brick Affairs does not guarantee the permanent preservation, availability, or recovery of User Content.

5. Prohibited Uses and Restrictions

Users agree not to engage in any of the following prohibited behaviors:

  • Data Scraping & Mining: Deploying scrapers, bots, spiders, crawlers, automated extraction scripts, or unauthorized browser extensions to harvest data, contact details, prices, or listings.
  • Commercial Exploitation: Copying, mirroring, reproducing, reselling, or compiling alternate databases using information gathered from brickaffairs.com.
  • Security Breaches: Attempting unauthorized access to restricted portals, testing system vulnerabilities, bypassing rate limits (e.g., CAPTCHAs, search query limits), or launching denial-of-service attacks.
  • Unlawful or Discriminatory Content: Posting listings or media that discriminate or filter based on religion, caste, race, gender, or community, or uploading defamatory, obscene, menacing, or copyright-infringing content.
  • Direct Cash Transactions: Brick Affairs never accepts cash deposits or hand-to-hand cash payments for subscription packages. Users must not tender cash to any individual claiming to represent Brick Affairs.
  • Information Use: Information accessed through the Services may be used only for lawful and legitimate evaluation of the relevant property or service. Users must not use such information to create competing databases, distribute bulk contact lists, conduct unauthorized marketing, publish derivative listings, or provide similar services without Brick Affairs’ prior written consent.
  • Account Responsibility: Users are responsible for all activities that occur under their accounts, credentials, or IP addresses, including actions by their employees, agents, or representatives. Users must immediately notify Brick Affairs of any unauthorized use of their account or credentials.

6. Payment Terms and Refund Policy

  • Advance Payments: All subscription tiers, listing fees, and marketing campaigns must be paid 100% in advance.
  • Taxes and Statutory Charges: Unless expressly stated otherwise, all fees are exclusive of applicable GST, taxes, levies, bank charges, and other statutory charges, which shall be payable by the Customer.
  • No Refunds: Except where required by applicable law or expressly agreed in writing, fees paid for subscriptions, listings, leads, and campaigns are non-refundable once the relevant service has been activated, delivered, published, or processed. Any discretionary refunds are subject strictly to the internal review of Brick Affairs.
  • Third-Party Payment Gateways: Online transactions are processed via secure third-party payment gateways. Brick Affairs does not store sensitive debit/credit card numbers or CVVs.
  • Failed Transactions: If an account is debited during a failed checkout transaction, reconciliation and reversals depend upon banking cycles and third-party gateway providers.
  • Reversals and Chargebacks: If a payment is reversed, charged back, disputed, or cancelled by a bank, card issuer, payment provider, or User, the Customer remains responsible for the applicable fees, gateway charges, administrative costs, and any amounts due to Brick Affairs. Brick Affairs may suspend services until the matter is resolved.
  • Set-Off Rights: Brick Affairs reserves the right to set off any outstanding balances owed by a customer against other active accounts or subscriptions held with the Company.
  • Multi-Party Billing: Where the billing entity, paying entity, service recipient, and Advertiser are different persons or entities, each relevant party represents that it has lawful authority to enter into the arrangement and shall be jointly responsible for the accuracy of the information provided and payment of applicable dues.

7. Activation Periods & Validity

  • Brokers / Agents: Subscription packages and service orders must be scheduled and activated within 30 days from the invoice or approval date.
  • Builders / Developers: Campaigns and bulk packages must be scheduled and activated within 60 days from the invoice or approval date.
  • Expiry: Unutilized listing quotas or campaign balances within the subscription period cannot be carried forward, refunded, or extended beyond the agreed validity window.
  • Exceptions: Any exception to the activation timelines or validity periods will be at the sole discretion of Brick Affairs and must be confirmed in writing.

8. Cost-Per-Lead (CPL) and Marketing Campaigns

  • Delivery Scope: Brick Affairs strives to deliver the agreed quantity of leads per campaign parameters. A "lead" consists of user-submitted contact information expressing interest in relevant real estate categories.
  • Campaign Discretion: Brick Affairs may determine, at its discretion, the channels, products, placements, audience segments, and promotional methods used to generate leads, unless otherwise agreed in writing in the applicable service order.
  • No Conversion Guarantees: Brick Affairs does not guarantee that leads will convert into site visits, inquiries, or sales.
  • Campaign Pause or Termination: Brick Affairs may pause, modify, or stop a campaign when the agreed lead quantity has been delivered, payment has not been received, the campaign violates applicable law, the advertised project becomes unavailable, or continued operation may expose Brick Affairs to legal, financial, technical, or reputational risk.
  • Duplicate Deduplication: Leads generated for the exact same project from the same user within 30 days of the initial lead date will be categorized as duplicates and not billed.
  • Invalid Leads: An invalid lead may include a lead containing a false, incomplete, unreachable, duplicated, automated, abusive, or clearly unrelated contact detail, or a lead generated through suspected fraud or misuse. The treatment of invalid leads, including credits or exclusions, will be determined according to the applicable service order or campaign terms.
  • Data Privacy Compliance: Advertisers receiving user leads must comply with all applicable data privacy, telemarketing, and consumer-protection laws. Leads may be used only for the limited purpose for which the user expressed interest. Advertisers must protect lead data, honour opt-out and do-not-contact requests where applicable, and avoid unrelated or excessive contact.

9. Intellectual Property Rights

All trademarks, logos, brand assets, site designs, software code, databases, and proprietary content published on brickaffairs.com remain the exclusive intellectual property of Brick Affairs and its licensors. Users receive a limited, revocable, non-exclusive license to access public content strictly for personal, non-commercial evaluation.

Users must not remove or alter any copyright, trademark, or other proprietary notices contained in any material accessed from the Website.

10. Disclaimer of Warranties and Limitation of Liability

  • "As-Is" Service: All services, tools, market trend indicators, and listings are provided on an "as-is" and "as-available" basis without representations or warranties of any kind.
  • No Commercial Outcome Guarantees: Publication of a listing, banner, campaign, or property advertisement does not guarantee any inquiry, call, lead, site visit, response, transaction, rental, sale, investment return, or other commercial outcome.
  • System Availability: Brick Affairs does not guarantee that the Website, listings, dashboards, payment systems, lead systems, or communication tools will always be uninterrupted, error-free, secure, or available.
  • User Opinions and Content: Views, ratings, descriptions, statements, reviews, and other opinions submitted by Users belong to the respective Users. Brick Affairs does not necessarily endorse or verify them and is not responsible for their accuracy or legality.
  • Third-Party Deals & Off-Plan Risks: Users evaluating pre-launch, under-construction, or proposed projects must independently verify all approvals, registrations, sanctions, licences, title documents, construction status, possession timelines, and representations relating to such projects. Brick Affairs assumes no liability for builder delays, title defects, structural flaws, financial defaults, or any loss arising from reliance on such projects.
  • Limitation of Liability: In no event will Brick Affairs, its directors, or its affiliates be liable for indirect, punitive, special, incidental, or consequential damages (including loss of profits, investment losses, or data corruption) arising from the use or inability to use the Website.
  • Cap on Liability: To the maximum extent permitted by applicable law, the aggregate liability of Brick Affairs arising out of or relating to the Services shall not exceed the amount actually paid by the affected Customer to Brick Affairs for the specific service giving rise to the claim during the three months immediately preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Brick Affairs, its officers, directors, employees, and affiliates from any third-party claims, liabilities, losses, damages, and legal expenses arising out of:

  1. Listings, media, or data you publish on the platform.
  2. Any violation of these Terms, RERA regulations, or local property laws.
  3. Infringement of third-party intellectual property or privacy rights.
  4. Legal Proceedings: Brick Affairs will not be a party to any legal proceedings between parties contracted through these Services. If Brick Affairs is named in any such proceeding due to a User’s actions or listings, the User shall bear all costs, expenses, and liabilities incurred by Brick Affairs in connection with that proceeding, subject to applicable law.

12. Termination and Account Restriction

Brick Affairs reserves the unilateral right, without prior notice, to suspend, terminate, or restrict user accounts, remove listings, or block IP addresses if a user:

  • Violates these Terms or applicable laws.
  • Submits fraudulent property details or unverified credentials.
  • Displays abusive, threatening, or unprofessional conduct toward other users or staff.
  • Brick Affairs reserves the right to cancel transactions, campaigns, or listings, or take any other appropriate action if it determines that any transaction, activity, or conduct lacks transparency or raises concerns regarding its authenticity, fairness, compliance, or legality, including suspected misrepresentation, fraudulent intent, misuse of systems or payment mechanisms, violation of applicable laws, or misbehavior with Brick Affairs employees.

13. Governing Law, Dispute Resolution & Jurisdiction

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
  • Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by arbitration before a sole independent arbitrator in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be New Delhi, India. The arbitration shall be conducted in English. The arbitrator shall be appointed in accordance with the said Act. Nothing in this clause shall prevent either party from seeking interim or injunctive relief from a competent court.
  • Jurisdiction: Subject to arbitration, the competent courts in New Delhi, India shall have exclusive jurisdiction over all matters arising out of this Agreement.

14. Grievance Officer & Contact Information

In accordance with the Information Technology Act, 2000 and consumer protection guidelines, any notices, copyright infringement claims, or user grievances can be submitted to:

  • Email: support@brickaffairs.com / grievances@brickaffairs.com
  • Operating Hours: Monday to Saturday, 9:30 AM to 6:30 PM IST
  • Website: https://brickaffairs.com
  • Brick Affairs will acknowledge user grievances within a reasonable time and endeavour to resolve them in accordance with applicable law. The Grievance Officer may request additional information or documents to evaluate and resolve the grievance.

15. Force Majeure

Brick Affairs shall not be responsible for delay, interruption, failure, or inability to provide the Services caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic, war, civil unrest, government action, court orders, labour disruption, power failure, telecommunications failure, cyberattacks, internet outages, payment-gateway failures, or third-party service interruptions.

16. Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

17. Waiver

A failure or delay by Brick Affairs in exercising any right or remedy under these Terms shall not operate as a waiver of that right or remedy.

18. Assignment

Users may not assign or transfer their rights or obligations under these Terms without Brick Affairs’ prior written consent. Brick Affairs may assign or transfer its rights and obligations in connection with a merger, restructuring, sale, reorganization, or transfer of its business.